Common use of Casualty and Condemnation Clause in Contracts

Casualty and Condemnation. Borrower shall give Lender prompt written notice of (i) the occurrence of any casualty affecting the Property or any portion thereof, (ii) the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or (iii) any written notification threatening the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or any written request to execute a deed in lieu of condemnation affecting the Property or any portion thereof. All insurance proceeds on the Property, and all causes of action, claims, compensation, awards and recoveries for any damage, condemnation or taking, or any deed in lieu of condemnation, affecting all or any part of the Property or for any damage or injury to it for any loss or diminution in value of the Property, are hereby assigned to and shall be paid to Lender. Lender may participate in any suits or proceedings relating to any such proceeds, causes of action, claims, compensation, awards or recoveries, and Lender is hereby authorized, in its own name or in Borrower’s name, to adjust any loss covered by insurance or any condemnation claim or cause of action, and to settle or compromise any claim or cause of action in connection therewith, and Borrower shall from time to time deliver to Lender any instruments required to permit such participation; provided, however, that, so long as no Event of Default has occurred, and no event has occurred or failed to occur which with the passage of time, the giving of notice, or both would constitute an Event of Default (a “Default”), Lender shall not have the right to participate in the adjustment of any loss which is not in excess of the lesser of (i) five percent (5%) of the then outstanding principal balance of the Note and (ii) $250,000. Lender shall apply any sums received by it under this Section first to the payment of all of its costs and expenses (including, but not limited to, reasonable legal fees and disbursements) incurred in obtaining those sums, and then, as follows:

Casualty and Condemnation. Borrower Grantor shall give Lender Grantee prompt written notice of (i) the occurrence of any casualty affecting the Property affecting, or any portion thereof, (ii) the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or (iii) any written notification threatening the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or any written request to execute a deed in lieu of condemnation affecting of, the Property or any portion thereof. All insurance proceeds on the Property, and all causes of action, claims, compensation, awards and recoveries for any damage, condemnation or taking, or any deed in lieu taking of condemnation, affecting all or any part of the Property or for any damage or injury to it for any loss or diminution in value of the Property, are hereby assigned to and shall be paid to LenderGrantee. Lender Grantee may participate in any suits or proceedings relating to any such proceeds, causes of action, claims, compensation, awards or recoveries, recoveries and Lender Grantee is hereby authorized, in its own name or in Borrower’s Grantor's name, to adjust any loss covered by insurance or any condemnation claim or cause of action, and to settle or compromise any claim or cause of action in connection therewith, and Borrower Grantor shall from time to time deliver to Lender Grantee any instruments required to permit such participation; provided, however, that, that so long as no Default or Event of Default has occurred, shall have occurred and no event has occurred or failed to occur which with the passage of time, the giving of notice, or both would constitute an Event of Default (a “Default”), Lender be continuing. Grantee shall not have the right to participate in the adjustment of any loss which is not in excess of the lesser of (i) five ten percent (510%) of the then outstanding principal balance of the Note and (ii) $250,000500,000.00. Lender Grantee shall apply any sums received by it under this Section first to the payment of all of its costs and expenses (including, but not limited to, reasonable legal fees and disbursements) incurred in obtaining those sums, and then, as follows:

Casualty and Condemnation. Borrower shall give Lender prompt written notice of (i) the occurrence of any casualty affecting the Property or any portion thereof, (ii) the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or (iii) any written notification threatening the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or any written request to execute a deed in lieu of condemnation affecting the Property or any portion thereof. All insurance proceeds on the Property, and all causes of action, claims, compensation, awards and recoveries for any damage, condemnation or taking, or any deed in lieu of condemnation, affecting all or any part of the Property or for any damage or injury to it for any loss or diminution in value of the Property, are hereby assigned to and shall be paid to Lender. Lender may participate in any suits or proceedings relating to any such proceeds, causes of action, claims, compensation, awards or recoveries, and Lender is hereby authorized, in its own name or in Borrower’s name, to adjust any loss covered by insurance or any condemnation claim or cause of action, and to settle or compromise any claim or cause of action in connection therewith, and Borrower shall from time to time deliver to Lender any instruments required to permit such participation; provided, however, that, so long as no Event of Default has occurred, and no event has occurred or failed to occur which with the passage of time, the giving of notice, or both would constitute an Event of Default (a “Default”), Lender shall not have the right to participate in the adjustment of any loss which is not in excess of the lesser of (i) five percent (5%) of the then outstanding principal balance of the Note and (ii) $250,000100,000. Lender shall apply any sums received by it under this Section first to the payment of all of its costs and expenses (including, but not limited to, reasonable legal fees and disbursements) incurred in obtaining those sums, and then, as follows:

Casualty and Condemnation. Borrower (a) If, prior to the Closing Date, all or a substantial portion of the Real Property shall give Lender prompt written notice be condemned, taken by eminent domain, destroyed or damaged, then, at the sole option of Buyer, this Agreement shall be null and void and of no further effect. As used in this Section 8.5, "a substantial portion of the Real Property" shall mean (i) in the event of a condemnation or taking, (A) a condemnation or taking of five (5%) percent or more of the improvements at any one site of the Real Property, or such portion of the parking or the means of ingress and egress which would cause a default by the landlord under any of the Leases or provide any tenant thereunder with the right to terminate any such Lease otherwise adversely interfere with the use of such real property or (B) any other condemnation or taking of the Real Property that would inhibit the use, enjoyment or operation of any of the Real Property as it currently exists or disrupt the 1997 concert season, or (ii) in the event of a casualty, the cost of repair and/or replacement resulting from such casualty exceeds $100,000 (unless the Signing Partners shall elect to bear any costs or repair of such casualty in excess of $100,000). In the event of such a cancellation by Buyer, the Seller shall be entitled to collect all proceeds from the condemnation or eminent domain and all insurance proceeds payable by reason of such destruction or damage. If Buyer does not elect to exercise its right to terminate this Agreement, there shall be no diminution of the consideration for the Purchased Assets, but Buyer shall be entitled to receive all condemnation proceeds and all insurance proceeds covering such taking or loss or damage (plus payment from the Signing Partners to Buyer in the amount of the deductible under the applicable insurance policy) and Seller shall assign irrevocably all such rights to Buyer at the Closing Date. The election of Buyer hereunder must be exercised within thirty days after notice to Buyer of the occurrence of the taking or loss or damage, and if such taking or loss or damage occurs less than thirty days prior to the Closing Date, the Closing Date shall be extended for such additional period of time as may be necessary to afford Buyer a full thirty days to make its election. Seller and the Signing Partners covenant and agree to notify Buyer in writing immediately upon Seller or the Signing Partners having knowledge of any taking or the occurrence of any casualty affecting the Property or any portion thereof, (ii) the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or (iii) any written notification threatening the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or any written request to execute a deed in lieu of condemnation affecting the Property or any portion thereof. All insurance proceeds on the Property, and all causes of action, claims, compensation, awards and recoveries for any damage, condemnation or taking, or any deed in lieu of condemnation, affecting all or any part of the Property or for any damage or injury to it for any loss or diminution in value of the Property, are hereby assigned to and shall be paid to Lender. Lender may participate in any suits or proceedings relating to any such proceeds, causes of action, claims, compensation, awards or recoveries, and Lender is hereby authorized, in its own name or in Borrower’s name, to adjust any loss covered by insurance or any condemnation claim or cause of action, and to settle or compromise any claim or cause of action in connection therewith, and Borrower shall from time to time deliver to Lender any instruments required to permit such participation; provided, however, that, so long as no Event of Default has occurred, and no event has occurred or failed to occur which with the passage of time, the giving of notice, or both would constitute an Event of Default (a “Default”), Lender shall not have the right to participate in the adjustment of any loss which is not in excess of the lesser of (i) five percent (5%) of the then outstanding principal balance of the Note and (ii) $250,000. Lender shall apply any sums received by it under this Section first to the payment of all of its costs and expenses (including, but not limited to, reasonable legal fees and disbursements) incurred in obtaining those sums, and then, as follows:casualty.

Casualty and Condemnation. Borrower shall give Lender prompt written notice of (i) the occurrence of any casualty affecting the Property or any portion thereof, (ii) the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or (iii) any written notification threatening the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or any written request to execute a deed in lieu of condemnation affecting the Property or any portion thereof. All To the fullest extent permitted by law, all insurance proceeds on the Property, and all causes of action, claims, compensation, awards and recoveries for any damage, condemnation or taking, or any deed in lieu of condemnation, affecting all or any part of the Property or for any damage or injury to it for any loss or diminution in value of the Property, are hereby assigned to and shall be paid to Lender. Lender may participate in any suits or proceedings relating to any such proceeds, causes of action, claims, compensation, awards or recoveries, and Lender is hereby authorized, in its own name or in Borrower’s name, to adjust any loss covered by insurance or any condemnation claim or cause of action, and to settle or compromise any claim or cause of action in connection therewith, and Borrower shall from time to time deliver to Lender any instruments required to permit such participation; provided, however, that, so long as no Event of Default has occurred, and no event has occurred or failed to occur which with the passage of time, the giving of notice, or both would constitute an Event of Default (a “Default”), Lender shall not have the right to participate in the adjustment of any loss which is not in excess of the lesser of (i) five percent (5%) of the then outstanding principal balance of the Note and (ii) $250,000100,000. Lender shall apply any sums received by it under this Section first to the payment of all of its costs and expenses (including, but not limited to, reasonable legal fees and disbursements) incurred in obtaining those sums, and then, as follows:

Casualty and Condemnation. Borrower Grantor shall give Lender Beneficiary prompt written notice of (i) the occurrence of any casualty affecting greater than $25,000.00 of the Property value of the Property, or any portion thereof, (ii) the institution of any proceedings for eminent domain or for the condemnation of of, the Property or any portion thereof or (iii) any written notification threatening the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or any written request to execute a deed in lieu of condemnation affecting the Property or any portion thereofcollectively, an "Insured Event"). All insurance proceeds on the PropertyProperty (whether or not such insurance was requested or required by Beneficiary), and all causes of action, claims, compensation, awards and recoveries for any damage, condemnation or taking, or any deed in lieu taking of condemnation, affecting all or any part of the Property or for any damage or injury to it for any loss or diminution in value of the Property, are hereby assigned to and shall be paid to LenderBeneficiary. Lender Beneficiary may participate in any suits or proceedings relating to any such proceeds, causes of action, claims, compensation, awards or recoveries, and Lender Beneficiary is hereby authorized, in its own name or in Borrower’s Grantor's name, to adjust any loss covered by any insurance (whether or not such insurance was requested or required by Beneficiary) or any condemnation claim or cause of action, and to settle or compromise any claim or cause of action in connection therewith, and Borrower Grantor shall from time to time deliver to Lender Beneficiary any instruments required to permit such participation; provided, however, that, so long as no Event of Default has occurred, and no event has occurred or failed to occur which with the passage of time, the giving of notice, or both would constitute an Event of Default (a “Default”), Lender that Beneficiary shall not have the right to participate in the adjustment of any loss which is not in excess of the lesser of (i) five ten percent (510%) of the then outstanding principal balance of the Note Note, and (ii) $250,000350,000.00. Lender Provided no default is then continuing hereunder or under any of the other Loan Documents and no event has occurred which, with the giving of notice or the passage of time or both, would constitute a default hereunder or under any of the other Loan Documents, Beneficiary shall apply any sums received by it under this Section first to the payment of all of its costs and expenses (including, but not limited to, reasonable legal fees and disbursements) incurred in obtaining those sums, and then, as follows:

Casualty and Condemnation. Borrower If, at any time, an amount of the Properties greater than or equal to (as reasonably determined by Contributor) fifteen percent (15%) or more of the Total Consideration of the Properties to be contributed to the Company is damaged or destroyed by fire or other casualty ("Casualty") or is taken by eminent domain (or is the subject of a pending condemnation proceeding that has not been reduced to judgment) ("Condemnation"), on an aggregate basis, then Contributor shall give Lender prompt notify the Company of such fact and, subject to Section 8.01(b) of this Agreement, the Company shall have the right to terminate this Agreement with respect to all remaining Tranches by giving written notice to Contributor, provided, however, that the Company shall be deemed to have elected to proceed with the acquisition if the Company fails to notify Contributor of its election within ten (i10) Business Days of receipt of such notice. In the occurrence case of any casualty affecting Casualty, if the Property Company elects, or any portion thereofis deemed to have elected, (ii) to proceed with the institution of any proceedings for eminent domain or for the condemnation acquisition of the Property or any portion thereof Properties, then the Company shall accept title to the Property or (iii) any written notification threatening Properties in their existing condition, in which event Contributor shall, subject to the institution requirements of any proceedings for eminent domain financing encumbering the Property or for Properties, assign to the condemnation Company, at the applicable Closing, all of Contributor's right, title and interest in and to the insurance proceeds awarded or to be awarded to Contributor as the result of such damage or destruction to such Properties and the Contributed Equity Value or Cash Portion of Sales Price, as applicable, shall be reduced by the amount of any deductible in connection with the subject casualty. In the case of Condemnation, if the Company elects, or is deemed to have elected, to proceed with the acquisition of the Property or any Properties (other than the portion thereof or any written request so taken), then the Company shall accept title to execute a deed in lieu of condemnation affecting the Property or any portion thereof. All insurance proceeds on the PropertyProperties in their existing condition, and Contributor shall, subject to the requirements of any financing encumbering the Property or Properties, assign and turn over to the Company at the applicable Closing, and the Company shall be entitled to receive and keep, all causes amounts awarded or to be awarded as the result of action, claims, compensation, awards the taking of such Properties; it being understood and recoveries for any damage, condemnation agreed that the Contributed Equity Value or taking, or any deed in lieu the Cash Portion of condemnation, affecting all or any part Sales Price of the Property or for any damage Properties to be transferred to the Company pursuant to this Section 8.01(a), as applicable, shall not be reduced by the amounts so awarded or injury anticipated to it for any loss or diminution in value of the Property, are hereby assigned to and be so awarded. Contributor shall be paid to Lender. Lender may participate in any suits or proceedings relating to any such proceeds, causes of action, claims, compensation, awards or recoveries, and Lender is hereby authorized, in its own name or in Borrower’s name, to adjust any loss covered by insurance or any condemnation claim or cause of action, and to not settle or compromise any claim insurance claims or cause of action in connection therewith, and Borrower shall from time to time deliver to Lender any instruments required to permit such participation; provided, however, that, so long as no Event of Default has occurred, and no event has occurred or failed to occur which with legal actions relating thereto without the passage of time, the giving of notice, or both would constitute an Event of Default (a “Default”), Lender shall not have the right to participate in the adjustment of any loss which is not in excess of the lesser of (i) five percent (5%) of the then outstanding principal balance of the Note and (ii) $250,000. Lender shall apply any sums received by it under this Section first to the payment of all of its costs and expenses (including, but not limited to, reasonable legal fees and disbursements) incurred in obtaining those sums, and then, as follows:Company's prior consent.

Casualty and Condemnation. Borrower shall give Lender prompt written notice (a) As to the Demised Premises (and any part thereof), Lessee hereby assumes all risk of loss, damage or destruction, whether by fire or other hazard or casualty, or theft or vandalism, or by taking, condemnation, seizure, confiscation or requisition of use or title by any governmental body or authority or any Person legally vested with such powers. Lessee hereby assigns to Lessor, subject to the provisions of paragraphs (ib) and (d) below, any award or insurance proceeds or other payment to which Lessee may become entitled by reason of its interest in the occurrence Demised Premises (excluding any interruption of any casualty affecting business proceeds, moving expenses and trade fixtures) if the Property Demised Premises, or any portion thereof, is damaged, destroyed, lost or taken (i) by fire or other casualty, or (ii) by condemnation, requisition or other taking or occupancy of the institution Demised Premises on account of any proceedings for actual or threatened eminent domain proceeding or for other action by any authority, civil or military, having the condemnation power of the Property or any portion thereof or (iii) any written notification threatening the institution of any proceedings for eminent domain or for the condemnation of the Property or (any portion thereof or any written request to execute a deed event described in lieu of condemnation affecting the Property or any portion thereof. All insurance proceeds on the Property, and all causes of action, claims, compensation, awards and recoveries for any damage, condemnation or taking, or any deed in lieu of condemnation, affecting all or any part of the Property or for any damage or injury to it for any loss or diminution in value of the Property, are hereby assigned to and shall be paid to Lender. Lender may participate in any suits or proceedings relating to any such proceeds, causes of action, claims, compensation, awards or recoveries, and Lender is hereby authorized, in its own name or in Borrower’s name, to adjust any loss covered by insurance or any condemnation claim or cause of action, and to settle or compromise any claim or cause of action in connection therewith, and Borrower shall from time to time deliver to Lender any instruments required to permit such participation; provided, however, that, so long as no Event of Default has occurred, and no event has occurred or failed to occur which with the passage of time, the giving of notice, or both would constitute an Event of Default (a “Default”), Lender shall not have the right to participate in the adjustment of any loss which is not in excess of the lesser of clauses (i) five percent (5%) of the then outstanding principal balance of the Note and (ii) $250,000being hereafter termed a "Destruction"). Lender Lessee waives the right to make any claim in connection with any Destruction for Lessee's loss of leasehold estate created hereby, goodwill or the unamortized value of any Alterations made by Lessee after the date hereof. Lessor and the Mortgagee shall apply have the right, at Lessee's expense, to appear in any sums received by it under this Section first such proceeding or other action and negotiate, adjust and settle awards, settlements and recoveries without Lessee's approval; otherwise, Lessee shall at its cost and expense, in the name and behalf of Lessor, or Lessee, appear in any such proceeding or other action, to negotiate, accept and prosecute any claim for any award, compensation, insurance proceeds or other payment on account of any such Destruction and, subject to paragraph (b) below, to cause the same to be paid to the payment Mortgagee, if any pursuant to the terms of all of its costs and expenses (including, but not limited to, reasonable legal fees and disbursements) incurred in obtaining those sumsthe Mortgage, and then, as follows:otherwise to Lessor.

Casualty and Condemnation. Borrower Mortgagor shall give Lender Mortgagee prompt written notice of (i) the occurrence of any casualty affecting the Property affecting, or any portion thereof, (ii) the institution of any proceedings for eminent domain or for the condemnation of of, the Property or any portion thereof or (iii) any written notification threatening the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or any written request to execute a deed in lieu of condemnation affecting the Mortgaged Property or any portion thereof. All insurance proceeds on the Mortgaged Property, and all causes of action, claims, compensation, awards and recoveries for any damage, condemnation or taking, or any deed in lieu taking of condemnation, affecting all or any part of the Mortgaged Property or for any damage or injury to it for any loss or diminution in value of the Mortgaged Property, are hereby assigned to and shall be paid to LenderMortgagee. Lender Mortgagee may participate in any suits or proceedings relating to any such proceeds, causes of action, claims, compensation, awards or recoveries, and Lender Mortgagee is hereby authorized, in its own name or in BorrowerMortgagor’s name, to adjust any loss covered by insurance or any condemnation claim or cause of action, and to settle or compromise any claim or cause of action in connection therewith, and Borrower Mortgagor shall from time to time deliver to Lender Mortgagee any instruments required to permit such participation; provided, however, that, so long as no Default or Event of Default has occurredshall have occurred and is continuing, and no event has occurred or failed to occur which with the passage of time, the giving of notice, or both would constitute an Event of Default (a “Default”), Lender Mortgagee shall not have the right to participate in the adjustment of any loss which is not in excess of the lesser of (i) five percent (5%) of the then outstanding principal balance of the Note and (ii) $250,000. Lender Mortgagee shall apply any sums received by it under this Section first to the payment of all of its costs and expenses (including, but not limited to, reasonable legal fees and disbursements) incurred in obtaining those sums, and then, as follows:

Casualty and Condemnation. Borrower Grantor shall give Lender Beneficiary prompt written notice of (i) the occurrence of any casualty affecting the Property affecting, or any portion thereof, (ii) the institution of any proceedings for eminent domain or for the condemnation of of, the Property or any portion thereof or (iii) any written notification threatening the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or any written request to execute a deed in lieu of condemnation affecting the Trust Property or any portion thereof. All Subject to the following sentence, all insurance proceeds on the Trust Property, and all causes of action, claims, compensation, awards and recoveries for any damage, condemnation or taking, or any deed in lieu taking of condemnation, affecting all or any part of the Trust Property or for any damage or injury to it for any loss or diminution in value of the Trust Property, are hereby assigned to and shall be paid to LenderBeneficiary. Lender Beneficiary may participate in any suits or proceedings relating to any such proceeds, causes of action, claims, compensation, awards or recoveries, and Lender Beneficiary is hereby authorized, in its own name or in Borrower’s Grantor's name, to adjust any loss covered by insurance or any condemnation claim or cause of action, and to settle or compromise any claim or cause of action in connection therewith, and Borrower Grantor shall from time to time deliver to Lender Beneficiary any instruments required to permit such participation; provided, however, that, so long as no Event of Default has occurredshall have occurred and be continuing, and no event has occurred or failed to occur which with the passage of time, the giving of notice, or both would constitute an Event of Default (a “Default”), Lender Beneficiary shall not have the right to participate in the adjustment of any loss or the receipt of any sums hereunder which is not in excess of the lesser of (i) five percent (5%) of the then outstanding principal balance of the Note and (ii) $250,000200,000, and Grantor may receive such funds from any loss not in excess of the foregoing directly to be used for repair or restoration of the Trust Property in accordance with the terms hereof. Lender Beneficiary shall apply any sums received by it under this Section first to the payment of all of its costs and expenses (including, but not limited to, reasonable legal fees and disbursements) incurred in obtaining those sums, and then, as follows:

Casualty and Condemnation. Borrower Grantor shall give Lender Beneficiary prompt written notice of (i) the occurrence of any casualty affecting the Property affecting, or any portion thereof, (ii) the institution of any proceedings for eminent domain or for the condemnation of of, the Property or any portion thereof or (iii) any written notification threatening the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or any written request to execute a deed in lieu of condemnation affecting the Property or any portion thereofcollectively, an “Insured Event”). All insurance proceeds on the Property, and all causes of action, claims, compensation, awards and recoveries for any damage, condemnation or taking, or any deed in lieu taking of condemnation, affecting all or any part of the Property or for any damage or injury to it for any loss or diminution in value of the Property, are hereby assigned to and shall be paid to LenderBeneficiary, subject to the remainder of this Section 1.9. Lender Beneficiary may participate in any suits or proceedings relating to any such proceeds, causes of action, claims, compensation, awards or recoveries, and Lender Beneficiary is hereby authorized, in its own name or in BorrowerGrantor’s name, to adjust any loss covered by insurance or any condemnation claim or cause of action, and to settle or compromise any claim or cause of action in connection therewith, and Borrower Grantor shall from time to time deliver to Lender Beneficiary any instruments required to permit such participation; provided, however, that, so long as no Event of Default has occurred, and no event has occurred or failed to occur which with the passage of time, the giving of notice, or both would constitute an Event of Default (a “Default”), Lender that Beneficiary shall not have the right to participate in the adjustment of any loss which is not in excess of the lesser of (i) five ten percent (510%) of the then outstanding principal balance of the Note Note, and (ii) $250,000350,000.00. Lender Provided no default is then continuing hereunder or under any of the other Loan Documents and no event has occurred which, with the giving of notice or the passage of time or both, would constitute a default hereunder or under any of the other Loan Documents, Beneficiary shall apply any sums received by it under this Section first to the payment of all of its reasonable, out-of-pocket costs and expenses (including, but not limited to, reasonable legal fees and disbursements) incurred in obtaining those sums, and then, as follows:

Casualty and Condemnation. Borrower Trustor shall give Lender Beneficiary prompt written notice of (i) the occurrence of any casualty affecting the Property affecting, or any portion thereof, (ii) the institution of any proceedings for eminent domain or for the condemnation of of, the Property or any portion thereof or (iii) any written notification threatening the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or any written request to execute a deed in lieu of condemnation affecting the Mortgaged Property or any portion thereof. All insurance proceeds on the Mortgaged Property, and all causes of action, claims, compensation, awards and recoveries for any damage, condemnation or taking, or any deed in lieu taking of condemnation, affecting all or any part of the Mortgaged Property or for any damage or injury to it for any loss or diminution in value of the Mortgaged Property, are hereby assigned to and shall be paid to LenderBeneficiary. Lender Beneficiary may participate in any suits or proceedings relating to any such proceeds, causes of action, claims, compensation, awards or recoveries, and Lender Beneficiary is hereby authorized, in its own name or in Borrower’s Trustor's name, to adjust any loss covered by insurance or any condemnation claim or cause of action, and to settle or compromise any claim or cause of action in connection therewith, and Borrower Trustor shall from time to time deliver to Lender Beneficiary any instruments required to permit such participation; provided, however, that, so long as no Default or Event of Default has shall have occurred, and no event has occurred or failed to occur which with the passage of time, the giving of notice, or both would constitute an Event of Default (a “Default”), Lender Beneficiary shall not have the right to participate in the adjustment of any loss or condemnation claim or cause of action which is not in excess of the lesser of (i) five percent (5%) of the then outstanding principal balance of the Note and (ii) $250,000. Lender So long as no Default or Event of Default shall have occurred and be continuing, condemnation awards and/or insurance proceeds in the aggregate sum of $150,000.00 or less shall be paid directly to Trustor to be held in trust by Trustor and applied for the restoration or repair of the Mortgaged Property in accordance with the provisions of this Section 1.9 and the balance thereof not used for such restoration or repair shall be paid by Trustor to Beneficiary, to be applied by Beneficiary for payment of the Debt in whatever order Beneficiary directs in its absolute discretion. Beneficiary shall apply any sums received by it under this Section first to the payment of all of its costs and expenses (including, but not limited to, reasonable legal fees and disbursements) incurred in obtaining those sums, and then, as follows:

Casualty and Condemnation. Borrower Grantor shall give Lender prompt Beneficiary written notice of (i) the occurrence of any casualty affecting the Property affecting, or any portion thereof, (ii) the institution of any proceedings for eminent domain or for the condemnation of of, the Property or any portion thereof or within three (iii3) any written notification threatening the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or any written request to execute a deed in lieu of condemnation affecting the Property or any portion thereofbusiness days after such occurrence. All insurance proceeds on Insurance Proceeds and Condemnation Proceeds with respect to the Property, and all causes of action, claims, compensation, awards and recoveries for any damage, condemnation or taking, or any deed in lieu taking of condemnation, affecting all or any part of the Property or for any damage or injury to it for any loss or diminution in value of the Property, are hereby assigned to and shall be paid to LenderBeneficiary. Lender Beneficiary may participate in any suits or proceedings relating to any such proceedsInsurance Proceeds and Condemnation Proceeds, causes of action, claims, compensation, awards or recoveries, and Lender Beneficiary is hereby authorized, in its own name or in BorrowerGrantor’s name, to adjust any loss covered by insurance Insurance Claim or any condemnation claim Condemnation Claim or cause of action, and to settle or compromise any claim or cause of action in connection therewith, and Borrower Grantor shall from time to time deliver to Lender Beneficiary any instruments required to permit such participation; provided, however, that, so long as no Event of Default has occurred, and or no event has occurred or failed to occur which with the passage of time, the giving of notice, or both both, would constitute an Event of Default (a “"Default”)") shall have occurred and be continuing, Lender Beneficiary shall not have the right to participate in the adjustment of any loss which is not in excess of the lesser of (i) five percent (5%) of the then outstanding principal balance of the Note and (ii) $250,000250,000.00. Lender Insurance Proceeds coming into possession of Beneficiary shall not be deemed trust funds and Beneficiary shall have the option in its sole discretion to apply any insurance proceeds it may receive pursuant hereto to the payment of the Loan or to allow all or a portion of such proceeds to be used for the restoration of the Property. In the event any such insurance proceeds shall be used to reduce the Loan, Beneficiary shall apply any sums received by it under this Section 2.7 first to the payment of all of its costs and expenses (including, but not limited to, reasonable legal fees and disbursements) incurred in obtaining those sums, and then, it being agreed that no prepayment premium or penalty shall be payable by Grantor as follows:a result of such application of proceeds by Beneficiary.

Casualty and Condemnation. Borrower shall give Lender prompt written notice (a) Subject to the provisions of this Article XIV, (i) the occurrence if all or a ----------- portion of any casualty affecting of the Property Equipment is damaged or destroyed in whole or in part by a Casualty (other than a Significant Casualty), any portion thereofinsurance proceeds payable with respect to such Casualty shall be paid directly to the Lessee, or if received by the Lessor or the Agent, shall be paid over to the Lessee for the reconstruction, refurbishment and repair of such item of the Equipment and (ii) if the institution use of, access to, or possession of, or title to, all or a portion of any proceedings for eminent domain or for the condemnation of the Property Equipment is the subject of a Condemnation (other than a Significant Condemnation), then any award or any portion thereof or (iii) any written notification threatening the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or any written request to execute a deed in lieu of condemnation affecting the Property or any portion thereof. All insurance proceeds on the Property, and all causes of action, claims, compensation, awards and recoveries for any damage, condemnation or taking, or any deed in lieu of condemnation, affecting all or any part of the Property or for any damage or injury to it for any loss or diminution in value of the Property, are hereby assigned to and compensation relating thereto shall be paid to Lender. Lender may participate in any suits or proceedings relating to any such proceeds, causes of action, claims, compensation, awards or recoveries, and Lender is hereby authorized, in its own name or in Borrower’s name, to adjust any loss covered by insurance or any condemnation claim or cause of action, and to settle or compromise any claim or cause of action in connection therewith, and Borrower shall from time to time deliver to Lender any instruments required to permit such participationthe Lessee; provided, however, that, so long as no in -------- ------- each case, if a Lease Event of Default has occurredshall have occurred and be continuing, such award, compensation or insurance proceeds shall be paid directly to the Agent or, if received by the Lessee, shall be held in trust for the Agent, and no event has occurred or failed shall be paid over by the Lessee to occur which the Agent to be distributed by the Agent in accordance with the passage of time, Loan Agreement. All amounts held by or payable to the giving of notice, or both would constitute an Agent when a Lease Event of Default (a “Default”), Lender shall not have the right to participate in the adjustment exists hereunder on account of any loss which is not in excess compensation or insurance proceeds shall at the option of the lesser of Agent either be (i) five percent paid to the Lessee for the repair of damage caused by such Casualty or Condemnation in accordance with clause (5%d) of the then outstanding principal balance of the Note and this Section 14.1, or (ii) $250,000. Lender shall apply any sums received by it under this Section first applied to the Lease Balance. ---------- ------------ (b) The Lessee may appear in any proceeding or action to negotiate, prosecute, adjust or appeal any claim for any compensation or insurance payment on account of any such Casualty or Condemnation and shall pay all of its costs and expenses (including, but not limited to, reasonable legal fees and disbursements) incurred in obtaining those sumsthereof. At the Agent's request, and thenat the Lessee's sole cost and expense, as follows:the Agent may participate in any such proceeding, action, negotiation, prosecution or adjustment. The Lessor and the Lessee agree that this Master Lease shall control the rights of the Lessor and the Lessee in and to any such award, compensation or insurance payment.

Casualty and Condemnation. Borrower shall give Lender prompt written notice of (i) the occurrence of any casualty affecting the Property or any portion thereof, (ii) the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or (iii) any written notification threatening the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or any written request to execute a deed in lieu of condemnation affecting the Property or any portion thereof. All insurance proceeds on the Property, and all causes of action, claims, compensation, awards and recoveries for any damage, condemnation or taking, or any deed in lieu of condemnation, affecting all or any part of the Property or for any damage or injury to it for any loss or diminution in value of the Property, are hereby assigned to and shall be paid to Lender. Lender may participate in any suits or proceedings relating to any such proceeds, causes of action, claims, compensation, awards or recoveries, and Lender is hereby authorized, in its own name or in Borrower’s name, to adjust any loss covered by insurance or any condemnation claim or cause of action, and to settle or compromise any claim or cause of action in connection therewith, and Borrower shall from time to time deliver to Lender any instruments required to permit such participation; providedprovided , howeverhowever , that, so long as no Event of Default has occurred, and no event has occurred or failed to occur which with the passage of time, the giving of notice, or both would constitute an Event of Default (a “Default“ Default ”), Lender shall not have the right to participate in the adjustment of any loss which is not in excess of the lesser of (i) five percent (5%) of the then outstanding principal balance of the Note and (ii) $250,000100,000. Lender shall apply any sums received by it under this Section first to the payment of all of its costs and expenses (including, but not limited to, reasonable legal fees and disbursements) incurred in obtaining those sums, and then, as follows:

Casualty and Condemnation. Borrower shall give Lender prompt written notice of (i) the occurrence of any casualty affecting the Property affecting, or any portion thereof, (ii) the institution of any proceedings for eminent domain or for the condemnation of of, the Property or any portion thereof or (iii) any written notification threatening the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or any written request to execute a deed in lieu of condemnation affecting the Property or any portion thereofcollectively, an “Insured Event”). All insurance proceeds on the Property, and all causes of action, claims, compensation, awards and recoveries for any damage, condemnation or taking, or any deed in lieu taking of condemnation, affecting all or any part of the Property or for any damage or injury to it for any loss or diminution in value of the Property, are hereby assigned to and shall be paid to LenderLender (and Borrower hereby covenants and agrees that Borrower shall deliver or cause to be delivered to Lender any proceeds or awards which may be payable to, or received by, Borrower). Lender may participate in any suits or proceedings relating to any such proceeds, causes of action, claims, compensation, awards or recoveries, recoveries and Lender is hereby authorized, in its own name or in Borrower’s name, to adjust any loss covered by insurance or any condemnation claim or cause of action, and to settle or compromise any claim or cause of action in connection therewith, and Borrower shall from time to time deliver to Lender any instruments required to permit such participation; provided, however, that, so long as no Event of Default has occurred, and no event has occurred or failed to occur which with the passage of time, the giving of notice, or both would constitute an Event of Default (a “Default”), that Lender shall not have the right to participate in the adjustment of any loss which is not in excess of $50,000.00 (the lesser “Threshold Amount”). If requested by Lender, Borrower shall provide copies to Lender of (i) five percent (5%) all notices or filings made or received by Borrower in connection with such casualty or condemnation suits or proceedings or with respect to the collection of the insurance proceeds or condemnation award, as the case may be. Provided no default is then outstanding principal balance continuing hereunder or under any of the Note other Loan Documents beyond applicable notice and/or cure period, if any, provided herein, and (ii) $250,000. no event has occurred which, with the giving of notice or the passage of time or both, would constitute an Event of Default hereunder or under any of the other Loan Documents, Lender shall apply any sums received by it under this Section first to the payment of all of its costs and expenses (including, but not limited to, reasonable legal fees and disbursements) incurred in obtaining those sums, and then, as follows: In the event that Lender receives insurance proceeds or condemnation awards upon the occurrence of an Insured Event in an amount not in excess of the Threshold Amount, Lender shall, to the extent such insurance proceeds or condemnation awards are available for such purpose, disburse to Borrower the amount paid or incurred by Borrower as a result of any such Insured Event for costs and expenses incurred by Borrower to repair or restore the Property (collectively the “Casualty Repairs”) within ten (10) days following: (A) the receipt by Lender of a written request from Borrower for disbursement and a certification by Borrower to Lender that the applicable item of Repair has been completed; (B) the delivery to Lender of invoices, receipts or other evidence verifying the cost of performing the Casualty Repairs; and (C) for disbursement requests (i) in excess of $20,000.00 with respect to any single Casualty Repair, or (ii) for any single Casualty Repair that is structural in nature, delivery to Lender of (1) affidavits, lien waivers or other evidence reasonably satisfactory to Lender showing that all materialmen, laborers, subcontractors and any other parties who might or could claim statutory or common law liens and are furnishing or have furnished material or labor to the Property have been paid all amounts due for labor and materials furnished to the Property; (2) a certification from an inspecting architect or other third party acceptable to Lender describing the completed Casualty Repairs and verifying the completion of the Casualty Repairs and the value of the completed Casualty Repairs; and (3) a new (or amended) certificate of occupancy for the portion of the Improvements covered by such Casualty Repairs, if said new certificate of occupancy was required by law, or a certification by Borrower that no new certificate of occupancy was required by law. Lender shall not be required to make any such advances more frequently than one time in any calendar month. In the event any proceeds or awards from an Insured Event exceed the Threshold Amount but less than thirty-five (35%) percent of the Improvements located on the Real Estate have been taken or destroyed, then if:

Casualty and Condemnation. Borrower Mortgagor shall give Lender Mortgagee prompt written notice of (i) the occurrence of any casualty affecting the Property affecting, or any portion thereof, (ii) the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or (iii) any written notification threatening the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or any written request to execute a deed in lieu of condemnation affecting of, the Property or any portion thereof. All insurance proceeds on the Property, exceeding $250,000 and all causes of action, claims, compensation, awards and recoveries for any damage, condemnation or taking, or any deed in lieu taking of condemnation, affecting all or any part of the Property or for any damage or injury to it for any loss or diminution in value of the Property, exceeding $250,000 are hereby assigned to and shall be paid to LenderMortgagee, except as otherwise set forth herein. Lender Mortgagee may participate in any suits or proceedings relating to any such proceeds, causes of action, claims, compensation, awards or recoveries, and Lender Mortgagee is hereby authorized, in its own name or or, upon written notice to Mortgagor, in BorrowerMortgagor’s name, to adjust any loss covered by insurance or any condemnation claim or cause of action, and to settle or compromise any claim or cause of action in connection therewith, and Borrower Mortgagor shall from time to time deliver to Lender Mortgagee any instruments reasonably required to permit such participation; provided, however, that, so long as no Default or Event of Default has occurredshall have occurred and not been waived, and no event has occurred or failed to occur which with the passage of time, the giving of notice, or both would constitute an Event of Default (a “Default”), Lender Mortgagee shall not have the right to participate in the adjustment of any loss which is not in excess of the lesser of (i) five percent (5%) of the then outstanding principal balance of the Note and (ii) $250,000500,000. Lender Mortgagee shall apply any sums received by it under this Section first to the payment of all of its reasonable, out-of-pocket costs and expenses (including, but not limited to, reasonable legal fees and disbursements) incurred in obtaining those sums, and then, as follows:

Casualty and Condemnation. Borrower shall give Lender prompt written notice of (i) the occurrence of any casualty affecting the Property in excess of $50,000.00 affecting, or any portion thereof, (ii) the institution of any proceedings for eminent domain or for the condemnation of of, the Property or any portion thereof or (iii) any written notification threatening the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or any written request to execute a deed in lieu of condemnation affecting the Property or any portion thereofcollectively, an "Insured Event"). All insurance proceeds on the Property, and all causes of action, claims, compensation, awards and recoveries for any damage, condemnation or taking, or any deed in lieu taking of condemnation, affecting all or any part of the Property or for any damage or injury to it for any loss or diminution in value of the Property, are hereby assigned to and shall be paid to Lender. Lender may participate in any suits or proceedings relating to any such proceeds, causes of action, claims, compensation, awards or recoveries, recoveries and Lender is hereby authorized, in its own name or in Borrower’s 's name, to adjust any loss covered by insurance or any condemnation claim or cause of action, and to settle or compromise any claim or cause of action in connection therewith, and Borrower shall from time to time deliver to Lender any instruments required to permit such participation; provided, however, that, so long as no Event of Default has occurred, and no event has occurred or failed to occur which with the passage of time, the giving of notice, or both would constitute an Event of Default (a “Default”), that Lender shall not have the right to participate in the adjustment of any loss which is not in excess of the lesser of (i) five ten percent (510%) of the then outstanding principal balance of the Note Countryside Atlanta Note, and (ii) $250,000350,000.00. Provided no Event of Default is then continuing hereunder or under any of the other Loan Documents and no event has occurred which, with the giving of notice or the passage of time or both, would constitute an Event of Default or other default under any of the other Loan Documents, Lender shall apply any sums received by it under this Section first to the payment of all of its costs and expenses (including, but not limited to, reasonable legal fees and disbursements) incurred in obtaining those sums, and then, as follows:

Casualty and Condemnation. Borrower Grantor shall give Lender Beneficiary prompt ------------------------- written notice of (i) the occurrence of any casualty affecting the Property affecting, or any portion thereof, (ii) the institution of any proceedings for eminent domain or for the condemnation of of, the Property or any portion thereof or (iii) any written notification threatening the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or any written request to execute a deed in lieu of condemnation affecting the Trust Property or any portion thereof. All Subject to the following sentence, all insurance proceeds on the Trust Property, and all causes of action, claims, compensation, awards and recoveries for any damage, condemnation or taking, or any deed in lieu taking of condemnation, affecting all or any part of the Trust Property or for any damage or injury to it for any loss or diminution in value of the Trust Property, are hereby assigned to and shall be paid to LenderBeneficiary. Lender Beneficiary may participate in any suits or proceedings relating to any such proceeds, causes of action, claims, compensation, awards or recoveries, and Lender Beneficiary is hereby authorized, in its own name or in Borrower’s Grantor's name, to adjust any loss covered by insurance or any condemnation claim or cause of action, and to settle or compromise any claim or cause of action in connection therewith, and Borrower Grantor shall from time to time deliver to Lender Beneficiary any instruments required to permit such participation; provided, however, that, so -------- ------- ---- long as no Event of Default has occurredshall have occurred and be continuing, and no event has occurred or failed to occur which with the passage of time, the giving of notice, or both would constitute an Event of Default (a “Default”), Lender Beneficiary shall not have the right to participate in the adjustment of any loss or the receipt of any sums hereunder which is not in excess of the lesser of (i) five percent (5%) of the then outstanding principal balance of the Note and (ii) $250,000200,000, and Grantor may receive such funds from any loss not in excess of the foregoing directly to be used for repair or restoration of the Trust Property in accordance with the terms hereof. Lender Beneficiary shall apply any sums received by it under this Section first to the payment of all of its costs and expenses (including, but not limited to, reasonable legal fees and disbursements) incurred in obtaining those sums, and then, as follows:

Casualty and Condemnation. Borrower Mortgagor shall give Lender Mortgagee prompt written notice of (i) the occurrence of any casualty affecting the Property affecting, or any portion thereof, (ii) the institution of any proceedings for eminent domain or for the condemnation of of, the Property or any portion thereof or (iii) any written notification threatening the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or any written request to execute a deed in lieu of condemnation affecting the Mortgaged Property or any portion thereof. All insurance proceeds on the Mortgaged Property, and all causes of action, claims, compensation, awards and recoveries for any damage, condemnation or taking, or any deed in lieu taking of condemnation, affecting all or any part of the Mortgaged Property or for any damage or injury to it for any loss or diminution in value of the Mortgaged Property, are hereby assigned to and shall be paid to LenderMortgagee. Lender Mortgagee may participate in any suits or proceedings relating to any such proceeds, causes of action, claims, compensation, awards or recoveries, and Lender Mortgagee is hereby authorized, in its own name or in Borrower’s Mortgagor's name, to adjust any loss covered by insurance or any condemnation claim or cause of action, and to settle or compromise any claim or cause of action in connection therewith, and Borrower Mortgagor shall from time to time deliver to Lender Mortgagee any instruments required to permit such participation; provided, however, that, so long as no Default or Event of Default has shall have occurred, and no event has occurred or failed to occur which with the passage of time, the giving of notice, or both would constitute an Event of Default (a “Default”), Lender Mortgagee shall not have the right to participate in the adjustment of any loss which is not in excess of the lesser of (i) five percent (5%) of the then outstanding principal balance of the Note and (ii) $250,000100,000. Lender Mortgagee shall apply any sums received by it under this Section first to the payment of all of its costs and expenses (including, but not limited to, reasonable legal fees and disbursements) incurred in obtaining those sums, and then, as follows:

Casualty and Condemnation. Borrower Mortgagor shall give Lender Mortgagee prompt written notice of (i) the occurrence of any casualty affecting the Property affecting, or any portion thereof, (ii) the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or (iii) any written notification threatening the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or any written request to execute a deed in lieu of condemnation affecting of, the Property or any portion thereof. All insurance proceeds on the Property, and all causes of action, claims, compensation, awards and recoveries for any damage, condemnation or taking, or any deed in lieu taking of condemnation, affecting all or any part of the Property or for any damage or injury to it for any loss or diminution in value of the Property, are hereby assigned to and shall be paid to LenderMortgagee. Lender Mortgagee may participate in any suits or proceedings relating to any such proceeds, causes of action, claims, compensation, awards or recoveries, recoveries and Lender Mortgagee is hereby authorized, in its own name or in Borrower’s Mortgagor's name, to adjust any loss covered by insurance or any condemnation claim or cause of action, and to settle or compromise any claim or cause of action in connection therewith, and Borrower Mortgagor shall from time to time deliver to Lender Mortgagee any instruments required to permit such participation; provided, however, that, so long as no Event of Default has occurred, and no event has occurred or failed to occur which with the passage of time, the giving of notice, or both would constitute an Event of Default (a “Default”), Lender Mortgagee shall not have the right to participate in the adjustment of any loss which is not in excess of the lesser of (i) five ten percent (510%) of the then outstanding principal balance of the Note and (ii) $250,000250,000.00. Lender Mortgagee shall apply any sums received by it under this Section first to the payment of all of its costs and expenses (including, but not limited to, reasonable legal fees and disbursements) incurred in obtaining those sums, and then, then as follows:

Casualty and Condemnation. Borrower Mortgagor shall give Lender Mortgagee prompt ------------------------- written notice of (i) the occurrence of any casualty affecting the Property affecting, or any portion thereof, (ii) the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or (iii) any written notification threatening the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or any written request to execute a deed in lieu of condemnation affecting of, the Property or any portion thereof. All insurance proceeds on the Property, and all causes of action, claims, compensation, awards and recoveries for any damage, condemnation or taking, or any deed in lieu taking of condemnation, affecting all or any part of the Property or for any damage or injury to it for any loss or diminution in value of the Property, are hereby assigned to and shall be paid to LenderMortgagee not to exceed $500,000 plus fees and costs as set forth on page 4 hereof. Lender Mortgagee may participate in any suits or proceedings relating to any such proceeds, causes of action, claims, compensation, awards or recoveries, recoveries and Lender Mortgagee is hereby authorized, in its own name or in Borrower’s Mortgagor's name, to adjust any loss covered by insurance or any condemnation claim or cause of action, and to settle or compromise any claim or cause of action in connection therewith, and Borrower Mortgagor shall from time to time deliver to Lender Mortgagee any instruments required to permit such participation; provided, however, that, so long as no Event of Default has occurred, and no event has occurred or failed to occur which with the passage of time, the giving of notice, or both would constitute an Event of Default (a “Default”), Lender that Mortgagee shall not have the right to participate in -------- -------- ---- the adjustment of any loss which is not in excess of the lesser of (i) five ten percent (510%) of the then outstanding principal balance of the Note secured obligations and (ii) $250,00050,000.00. Lender Mortgagee shall apply any sums received by it under this Section first to the payment of all of its costs and expenses (including, but not limited to, reasonable legal fees and disbursements) incurred in obtaining those sums, and then, as follows:

Casualty and Condemnation. Borrower Borrowers shall give Lender prompt written notice of (i) the occurrence of any casualty affecting the any Individual Property or any portion thereof, (ii) the institution of any proceedings for eminent domain expropriation or for the condemnation of the any Individual Property or any portion thereof or (iii) any written notification threatening the institution of any proceedings for eminent domain expropriation or for the condemnation of the any Individual Property or any portion thereof or any written request to execute a deed in lieu of condemnation affecting the any Individual Property or any portion thereof. All insurance proceeds on the PropertyIndividual Properties, and all causes of action, claims, compensation, awards and recoveries for any damage, condemnation or taking, or any deed in lieu of condemnation, affecting all or any part of the any Individual Property or for any damage or injury to it for any loss or diminution in value of the any Individual Property, are hereby assigned to and shall be paid to Lender. To the extent permitted under the applicable Condominium Documents, Lender may participate in any suits or proceedings relating to any such proceeds, causes of action, claims, compensation, awards or recoveries, and Lender is hereby authorized, in its own name or in the related Borrower’s name, to adjust any loss covered by insurance or any condemnation claim or cause of action, and to settle or compromise any claim or cause of action in connection therewith, and the related Borrower shall from time to time deliver to Lender any instruments required to permit such participation; provided, however, that, so long as no Event of Default has occurred, and no event has occurred or failed to occur which with the passage of time, the giving of notice, or both would constitute an Event of Default (a “Default”), Lender shall not have the right to participate in the adjustment of any loss which is not in excess of the lesser of (i) five percent (5%) of the then outstanding principal balance of Allocated Loan Amount for the Note affected Individual Property and (ii) $250,000[1,000,000 (Canadian)]. Lender shall apply any sums received by it under this Section first to the payment of all of its costs and expenses (including, but not limited to, reasonable legal fees and disbursements) incurred in obtaining those sums, and then, as follows:

Casualty and Condemnation. Borrower Mortgagor shall give Lender Mortgagee prompt written notice of (i) the occurrence of any casualty affecting the Property affecting, or any portion thereof, (ii) the institution of any proceedings for eminent domain or for the condemnation of of, the Property or any portion thereof or (iii) any written notification threatening the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or any written request to execute a deed in lieu of condemnation affecting the Property or any portion thereofcollectively, an "Insured Event"). All insurance proceeds on the Property, and all causes of action, claims, compensation, awards and recoveries for any damage, condemnation or taking, or any deed in lieu taking of condemnation, affecting all or any part of the Property or for any damage or injury to it for any loss or diminution in value of the Property, are hereby assigned to and shall be paid to LenderMortgagee. Lender Mortgagee may participate in any suits or proceedings relating to any such proceeds, causes of action, claims, compensation, awards or recoveries, recoveries and Lender Mortgagee is hereby authorized, in its own name or in Borrower’s Mortgagor's name, to adjust any loss covered by insurance or any condemnation claim or cause of action, and to settle or compromise any claim or cause of action in connection therewith, and Borrower Mortgagor shall from time to time deliver to Lender Mortgagee any instruments required to permit such participation; provided, however, that, so long as no Event of Default has occurred, and no event has occurred or failed to occur which with the passage of time, the giving of notice, or both would constitute an Event of Default (a “Default”), Lender that Mortgagee shall not have the right to participate in the adjustment of any loss which is not in excess of the lesser of (i) five percent (5%) $500,000.00. Provided no default is then continuing hereunder or under any of the then outstanding principal balance other Transaction Documents and no event has occurred which, with the giving of notice or the passage of time or both, would constitute a default hereunder or under any of the Note and (ii) $250,000. Lender other Transaction Documents, Mortgagee shall apply any sums received by it under this Section first to the payment of all of its costs and expenses (including, but not limited to, reasonable legal fees and disbursements) incurred in obtaining those sums, and then, as follows:

Casualty and Condemnation. Borrower shall give Lender prompt written notice of (i) the occurrence of any casualty affecting the Property in excess of $50,000.00 affecting, or any portion thereof, (ii) the institution of any proceedings for eminent domain or for the condemnation of of, the Property or any portion thereof or (iii) any written notification threatening the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or any written request to execute a deed in lieu of condemnation affecting the Property or any portion thereofcollectively, an "Insured Event"). All insurance proceeds on the Property, and all causes of action, claims, compensation, awards and recoveries for any damage, condemnation or taking, or any deed in lieu taking of condemnation, affecting all or any part of the Property or for any damage or injury to it for any loss or diminution in value of the Property, are hereby assigned to and shall be paid to Lender. Lender may participate in any suits or proceedings relating to any such proceeds, causes of action, claims, compensation, awards or recoveries, recoveries and Lender is hereby authorized, in its own name or in Borrower’s 's name, to adjust any loss covered by insurance or any condemnation claim or cause of action, and to settle or compromise any claim or cause of action in connection therewith, and Borrower shall from time to time deliver to Lender any instruments required to permit such participation; provided, however, that, so long as no Event of Default has occurred, and no event has occurred or failed to occur which with the passage of time, the giving of notice, or both would constitute an Event of Default (a “Default”), that Lender shall not have the right to participate in the adjustment of any loss which is not in excess of the lesser of (i) five ten percent (510%) of the then outstanding principal balance of the Note Sun Villa Note, and (ii) $250,000350,000.00. Provided no Event of Default is then continuing hereunder or under any of the other Loan Documents and no event has occurred which, with the giving of notice or the passage of time or both, would constitute an Event of Default or other default under any of the other Loan Documents, Lender shall apply any sums received by it under this Section first to the payment of all of its costs and expenses (including, but not limited to, reasonable legal fees and disbursements) incurred in obtaining those sums, and then, as follows:

Casualty and Condemnation. Borrower Mortgagor shall give Lender Mortgagee prompt written notice of (i) the occurrence of any casualty affecting affecting, or the Property or any portion thereof, (ii) the institution institution: of any proceedings for eminent domain or for the condemnation of of, the Property or any portion thereof or (iii) any written notification threatening the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or any written request to execute a deed in lieu of condemnation affecting the Property or any portion thereofcollectively, an "Insured Event"). All insurance proceeds on the Property, and all causes of action, claims, compensation, awards and recoveries for any damage, condemnation or taking, or any deed in lieu taking of condemnation, affecting all or any part of the Property or for any damage or injury to it for any loss or diminution in value of the Property, are hereby assigned assigned-to and shall be paid to LenderMortgagee. Lender Mortgagee may participate in any suits or proceedings relating to any such proceeds, causes of action, claims, compensation., awards or recoveries, recoveries and Lender Mortgagee is hereby authorized, in its own name or in Borrower’s Mortgagor's name, to adjust any loss covered by insurance or any condemnation claim or cause of action, and to settle or compromise any claim or cause of action in connection therewith, and Borrower Mortgagor shall from time tune to time deliver to Lender Mortgagee any instruments required to permit such participation; provided, however, that, so long as no Event of Default has occurred, and no event has occurred or failed to occur which with the passage of time, the giving of notice, or both would constitute an Event of Default (a “Default”), Lender that Mortgagee shall not have the right to participate in the adjustment of any loss which is not in excess of the lesser of (i) five ten percent (510%) of the then outstanding principal balance of the Note Note, and (ii) $250,000400,000.00. Lender Provided no default is then continuing hereunder or under any of the other Loan Documents and no event has occurred which, with the giving of notice or the passage of time or both, would constitute a default hereunder or under any of the other Loan Documents, Mortgagee shall apply any sums received by it under this Section first to the payment of all of its costs and expenses (including, but not limited to, to reasonable legal fees and disbursements) incurred in obtaining those sums, and then, as follows:

Casualty and Condemnation. Borrower shall give Lender prompt written notice of (i) the occurrence of any casualty affecting the Property in excess of $50,000.00 affecting, or any portion thereof, (ii) the institution of any proceedings for eminent domain or for the condemnation of of, the Property or any portion thereof or (iii) any written notification threatening the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or any written request to execute a deed in lieu of condemnation affecting the Property or any portion thereofcollectively, an "Insured Event"). All insurance proceeds on the Property, and all causes of action, claims, compensation, awards and recoveries for any damage, condemnation or taking, or any deed in lieu taking of condemnation, affecting all or any part of the Property or for any damage or injury to it for any loss or diminution in value of the Property, are hereby assigned to and shall be paid to Lender. Lender may participate in any suits or proceedings relating to any such proceeds, causes of action, claims, compensation, awards or recoveries, recoveries and Lender is hereby authorized, in its own name or in Borrower’s 's name, to adjust any loss covered by insurance or any condemnation claim or cause of action, and to settle or compromise any claim or cause of action in connection therewith, and Borrower shall from time to time deliver to Lender any instruments required to permit such participation; provided, however, that, so long as no Event of Default has occurred, and no event has occurred or failed to occur which with the passage of time, the giving of notice, or both would constitute an Event of Default (a “Default”), that Lender shall not have the right to participate in the adjustment of any loss which is not in excess of the lesser of (i) five ten percent (510%) of the then outstanding principal balance of the Note Countryside Lake Lanier Xxxx, and (ii) $250,000350,000.00. Provided no Event of Default is then continuing hereunder or under any of the other Loan Documents and no event has occurred which, with the giving of notice or the passage of time or both, would constitute an Event of Default or other default under any of the other Loan Documents, Lender shall apply any sums received by it under this Section first to the payment of all of its costs and expenses (including, but not limited to, reasonable legal fees and disbursements) incurred in obtaining those sums, and then, as follows:

Casualty and Condemnation. Borrower shall give Lender prompt written notice of (i) the occurrence of any casualty affecting the Property or any portion thereofthereof which is greater than $5,000,000, (ii) the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or (iii) any written notification threatening the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or any written request to execute a deed in lieu of condemnation affecting the Property or any portion thereof. All insurance proceeds on the PropertyProperty arising from insurance coverage required by Section 2.3, and all causes of action, claims, compensation, awards and recoveries for any damage, condemnation or taking, or any deed in lieu of condemnation, affecting all or any part of the Property or for any damage or injury to it for any loss or diminution in value of the Property, are hereby assigned to and shall be paid to Lender. Lender may participate in any suits or proceedings relating to any such proceeds, causes of action, claims, compensation, awards or recoveries, and Lender is hereby authorized, in its own name or in Borrower’s name, to adjust any loss covered by insurance or any condemnation claim or cause of action, and to settle or compromise any claim or cause of action in connection therewith, and Borrower shall from time to time deliver to Lender any instruments required to permit such participation; provided, however, that, so long as no Event of Default has occurred, occurred and no event has occurred or failed to occur which with the passage of time, the giving of notice, or both would constitute an Event of Default (a “Default”)is continuing, Lender shall not have the right to adjust, settle or participate in the adjustment of any loss which is not covered by insurance or any condemnation claim or cause of action. Borrower shall, in excess of good faith and in a commercially reasonable manner, file and prosecute the lesser of (i) five percent (5%) of the then outstanding principal balance of the Note and (ii) $250,000. Lender shall apply any sums received by it under this Section first to the payment of all of its costs and expenses (including, but not limited to, reasonable legal fees and disbursements) incurred in obtaining those sums, and then, as follows:adjustment,

Casualty and Condemnation. Borrower Grantor shall give Lender Beneficiary prompt written notice of (i) the occurrence of any casualty affecting the Property affecting, or any portion thereof, (ii) the institution of any proceedings for eminent domain or for the condemnation of of, the Property or any portion thereof or (iii) any written notification threatening the institution of any proceedings for eminent domain or for the condemnation of the Property or any portion thereof or any written request to execute a deed in lieu of condemnation affecting the Trust Property or any portion thereof. All Subject to the following sentence, all insurance proceeds on the Trust Property, and all causes of action, claims, compensation, awards and recoveries for any damage, condemnation or taking, or any deed in lieu taking of condemnation, affecting all or any part of the Trust Property or for any damage or injury to it for any loss or diminution in value of the Trust Property, are hereby assigned to and shall be paid to LenderBeneficiary. Lender Beneficiary may participate in any suits or proceedings relating to any such proceeds, causes of action, claims, compensation, awards or recoveries, and Lender Beneficiary is hereby authorized, in its own name or in Borrower’s Grantor's name, to adjust any loss covered by insurance or any condemnation claim or cause of action, and to settle or compromise any claim or cause of action in connection therewith, and Borrower Grantor shall from time to time deliver to Lender Beneficiary any instruments required to permit such participation; provided, however, that, so long as no Default or Event of Default has shall have occurred, and no event has occurred or failed to occur which with the passage of time, the giving of notice, or both would constitute an Event of Default (a “Default”), Lender Beneficiary shall not have the right to participate in the adjustment of any loss or the receipt of any sums hereunder which is not in excess of the lesser of (i) five percent (5%) of the then outstanding principal balance of the Note and (ii) $250,000200,000, and Grantor may receive such funds from any loss not in excess of the foregoing directly to be used for repair or restoration of the Trust Property in accordance with the terms hereof. Lender Beneficiary shall apply any sums received by it under this Section first to the payment of all of its costs and expenses (including, but not limited to, reasonable legal fees and disbursements) incurred in obtaining those sums, and then, as follows: