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charge affecting the Property by appropriate legal proceedings promptly initiated and <br /> conducted in good faith and with due diligence, provided that (i) Beneficiary is <br /> reasonably satisfied that neither the Property nor any part thereof or interest therein will <br /> be in danger of being sold, forfeited, or lost as a result of such contest, and (ii) Trustor <br /> shall have posted a bond or furnished other security as may reasonably be required <br /> from time to time by Beneficiary, and provided further that Trustor shall timely make any <br /> payment necessary to prevent a lien foreclosure, sale, forfeiture or loss of the Property. <br /> 7 9 Subrogation Beneficiary shall be subrogated to the liens of all <br /> encumbrances, whether released of record or not, which are discharged in whole or in <br /> part by Beneficiary in accordance with this Deed of Trust. <br /> 7 10 Hazard, Liability and Workers' Compensation Insurance At all times <br /> during the term hereof, at Trustor's expense, Trustor shall keep the Improvements and <br /> personal property now existing or hereafter located on the Property insured against loss <br /> by fire, vandalism and malicious mischief by a policy of standard fire and extended all- <br /> risk insurance The policy shall be written on a full replacement value basis and shall <br /> name Beneficiary as loss payee as its interest may appear. The full replacement value <br /> of the improvements to be insured shall be determined by the company issuing the <br /> policy at the time the policy is initially obtained Not more frequently than once every <br /> two (2) years, either the Trustor or the Beneficiary shall have the right to notify the other <br /> party that it elects to have the replacement value redetermined by the insurance <br /> company Subject to the rights of any senior lienholder, the proceeds collected under <br /> any insurance policy may be applied by Beneficiary to any indebtedness secured <br /> hereby and in such order as Beneficiary may determine, or at the option of Beneficiary, <br /> the entire amount so collected or any part thereof may be released to Trustor Such <br /> application or release shall not cure or waive any default or notice of default hereunder <br /> or invalidate any act done pursuant to such notice. Notwithstanding the foregoing, if <br /> any senior lienholder permits such proceeds to be utilized for rebuilding or restoration of <br /> the Improvements, Beneficiary shall approve the use of the proceeds for such purpose. <br /> 7.10.1 Trustor shall at all times during the term hereof, maintain a <br /> comprehensive general liability insurance policy in an amount not less than Two Million <br /> Dollars ($2,000,000) each occurrence, Two Million Dollars ($2,000,000) annual <br /> aggregate, together with Three Million Dollars ($3,000,000) excess liability coverage or <br /> such other policy limits as Beneficiary may require in its reasonable discretion, including <br /> coverage for bodily injury, property damage, products, completed operations and <br /> contractual liability coverage. Such policy or policies shall be written on an occurrence <br /> basis and shall name the Beneficiary as an additional insured Trustor shall maintain <br /> workers' compensation insurance as required by law <br /> 7.10.2 Trustor shall file with Beneficiary prior to the commencement of the <br /> term hereof, certificates (or such other proof as Beneficiary may require, including <br /> without limitation, copies of the required insurance policies) evidencing each of the <br /> insurance policies and endorsements thereto as required by this Section, and such <br /> certificates (or policies) shall provide that at least thirty (30) days' prior written notice <br /> 8 <br /> OAK #4847-7399-4286 v5 <br />