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maintained hereunder will be available to the Trustor during restoration and thereafter, (v)
<br />Beneficiary shall have approved the plans and specifications for such restoration, which approval
<br />shall not be unreasonably withheld or delayed, and (vi) in the event that in Trustor's reasonable
<br />judgment the insurance proceeds and any amounts deposited with a senior lender are not
<br />sufficient to accomplish restoration, Trustor deposits with the Beneficiary or senior lender, if and
<br />to the extent required by that senior lender pursuant to the terms of the senior debt instrument,
<br />within five days of demand by Beneficiary, the additional amounts necessary to accomplish
<br />restoration. Proceeds disbursed for restoration will be released to Trustor in accordance with
<br />Beneficiary's then current customary disbursement procedures. In the event any of the
<br />conditions set forth above are not satisfied or if the insurance proceeds shall not be applied to the
<br />restoration of the Security within thirty days after receipt of such proceeds by Beneficiary,
<br />Beneficiary may release such proceeds to Trustor without such release being deemed a payment
<br />of any indebtedness secured hereby, rather than apply such proceeds to the restoration of the
<br />Security. Such application or release shall not cure or waive any default or notice of default
<br />hereunder or invalidate any act done pursuant to such notice. If the Security is restored at a cost
<br />less than the available insurance proceeds, then such excess proceeds shall, if Trustor is not then
<br />in default hereunder, be paid over to Trustor. Beneficiary may commence, appear in, defend or
<br />prosecute any assigned claim or action, and may adjust, compromise, settle and collect all
<br />claims, proceeds and awards assigned to Beneficiary, but shall not be responsible for any failure
<br />to collect any claim, proceeds or award, regardless of the cause of the failure.
<br />4.2. Condemnation.
<br />Promptly upon its obtaining knowledge of the institution or the threatened institution of
<br />any proceeding for the condemnation or other taking for public or quasi -public use of the
<br />Security or any part thereof, or if the same be taken or damaged by reason of any public
<br />improvement or condemnation proceeding, or in any other manner, or should Trustor receive any
<br />notice or other information regarding such proceedings, action, taking or damage, Trustor shall
<br />promptly notify Trustee and Beneficiary of such fact. Trustor shall then, if requested by
<br />Beneficiary, file or defend its right thereunder and prosecute the same with due diligence to its
<br />final disposition and shall, subject to the rights of any senior lender, cause any award or
<br />settlement to be paid to Beneficiary in accordance with the provisions of the Loan Agreement.
<br />At Beneficiary's option, Beneficiary or Trustor may be the nominal party in such proceeding but
<br />in any event Beneficiary shall be entitled, without regard to the adequacy of its security, to
<br />participate in, appear in, prosecute and settle, jointly with Trustor to control the same and to be
<br />represented therein by counsel of its choice, and Trustor will deliver, or cause to be delivered, to
<br />Beneficiary such instruments as may be requested by it from time to time to permit such
<br />participation. Trustor and Beneficiary agree to act in good faith with respect to any consent,
<br />settlement, or award arising out of said prosecution. If the Security or any part thereof is taken
<br />or diminished in value, or if a consent settlement is entered, by or under threat of such
<br />proceedings, all compensation, awards, damages, rights of action proceeds and settlements
<br />payable to Trustor by virtue of its interest in the security shall be and hereby are assigned,
<br />transferred and set over into Beneficiary to be held by it, in trust, subject to the lien and security
<br />interest of this Deed of Trust. All such proceeds shall be first applied to reimburse Trustee and
<br />Beneficiary, for all costs and expenses, including reasonable attorneys' fees, incurred in
<br />connection with the collection of such award or settlement, and then to the restoration of any
<br />portion of the Security that has been taken to the similar condition, character and value as existed
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<br />WISEPIace Permanent Supportive Housing
<br />City HOME -ARP Deed of Trust
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