Common use of Insurance and Risk of Loss Clause in Contracts

Insurance and Risk of Loss. (a) The Debtor shall keep the Tangible Property insured in such amounts, with such companies and against such risks as may be satisfactory to the Lender. All such policies shall name the Lender as an additional loss payee and shall contain an agreement by the insurer that they shall not be cancelled without at least 30 days prior written notice to the Lender. The Debtor shall cause duplicate originals of such insurance policies to be deposited with the Lender. If requested by the Lender, the Debtor shall, at least 10 days prior to the due date, furnish to the Lender evidence of the payment of the premiums due on such policies. (b) The Debtor hereby assigns to the Lender each policy of insurance covering any of the Property, including all rights to receive the proceeds and returned premiums of such insurance. With respect to all such insurance policies, the Lender is hereby authorized, but not required, on behalf of the Debtor, to collect for, adjust and compromise any losses and to apply, at its option, the loss proceeds (less expenses of collection) to the Obligations, in any order and whether due or not, or to the repair, replacement or restoration of the Property, or to remit the same to the Debtor; but any such application or remittance shall not cure or waive any default by the Debtor and shall not operate to xxxxx, satisfy or release any of the Obligations. If any insurance proceeds are received by the Debtor, the Debtor shall promptly apply such proceeds to the repair, replacement or restoration of the Property unless the Debtor receives contrary directions from the Lender. (c) In the event that any Debtor’s Home is destroyed or suffers substantial damage that is not repaired within a period of thirty (30) days, Debtor shall pay to Lender an amount equal to that portion of the unpaid balance of the Obligations allocated to the applicable Debtor’s Home as shown on Lender’s records, absent manifest error, provided, that such prepayment amount shall be reduced by the amount of any insurance proceeds received by the Lender. (d) In case of a sale pursuant to the default provisions hereof, or any conveyance of all or any part of the Property in extinguishment of the Obligations, title to all such insurance policies and the proceeds thereof and unearned premiums with respect thereto shall pass to and vest in the purchaser of the Property. (e) The risk of loss or damage to the Property is on the Debtor whether or not the Property is held by or controlled by the Lender.

Insurance and Risk of Loss. All risk of loss, damage or destruction of the Equipment will at all times be on Borrower. Borrower agrees to maintain, at Borrower’s expense: (a) The Debtor shall keep property insurance, or other insurance acceptable to Lender, protecting the Tangible Property insured in such amountsEquipment from loss or damage by fire, theft and other customary risks for the greater of the Equipment’s replacement coat or the indebtedness with such companies and against such risks as may be satisfactory a deductible not to the Lender. All such policies shall name the exceed $2,500 per item of Equipment, naming Lender as an additional a loss payee on a “Lender’s Loss Payable” endorsement; and shall contain (b) liability insurance in an agreement by amount not less than $1,000,000 per occurrence (collectively “Required Insurance”). Borrower male provide Lender satisfactory written evidence of Required Insurance within thirty (30) days of the insurer that they shall not be cancelled without at least 30 days prior written notice to commencement date of this agreement, the Lender. The Debtor shall cause duplicate originals cancellation or expiration of such insurance policies to be deposited with the Required Insurance, or of any subsequent written request from Lender. If requested by Borrower does not do so, Lender may obtain insurance from an Insurer of Lender’s choosing in such forms and amounts as Lender deems reasonable to protect Lender’s interests (collectively, “Lender’s Insurance”). Lender’s insurance will cover the Equipment and the Lender; it will not name Borrower as an insured and may not cover all of the Borrower’s interest in the Equipment. Borrower agrees to pay Lender periodic charges for Lender’s Insurance (collectively, “Insurance Charges”) that include: a premium that may be higher than if the Debtor shallBorrower maintained the Required Insurance separately; a finance charge of up to 1.5% per month on any advances made by Lender or Lender’s agents; and commissions, at least 10 days prior and billing and processing fees; any or all of which may generate a profit to Lender and Lender’s agents. If Borrower falls to provide satisfactory evidence of Required Insurance by the due date, furnish to the Lender may pay Insurance Charges by debiting Borrower’s account under any previously authorized automatic payment. Lender shall discontinue billing or debting Insurance Charges upon receipt of satisfactory evidence of the payment of the premiums due on such policies. (b) The Debtor hereby assigns to the or Required Insurance. Borrower shall immediately notify Lender each policy of insurance covering any of the Property, including all rights to receive the proceeds and returned premiums of such insurance. With respect to all such insurance policies, the Lender is hereby authorized, but not required, on behalf of the Debtor, to collect for, adjust and compromise any losses and to apply, at its option, the loss proceeds (less expenses of collection) to the Obligations, in any order and whether due or not, or to the repair, replacement or restoration of the Property, or to remit the same to the Debtor; but any such application or remittance shall not cure or waive any default by the Debtor and shall not operate to xxxxx, satisfy or release any of the Obligations. If any insurance proceeds are received by the Debtor, the Debtor shall promptly apply such proceeds to the repair, replacement or restoration of the Property unless the Debtor receives contrary directions from the Lender. (c) In the event that any Debtor’s Home is destroyed or suffers substantial damage that is not repaired within a period of thirty (30) days, Debtor shall pay to Lender an amount equal to that portion of the unpaid balance of the Obligations allocated to the applicable Debtor’s Home as shown on Lender’s records, absent manifest error, provided, that such prepayment amount shall be reduced by the amount of any insurance proceeds received by the Lender. (d) In case of a sale pursuant to the default provisions hereof, or any conveyance of all or any part of the Property in extinguishment of the Obligations, title to all such insurance policies and the proceeds thereof and unearned premiums with respect thereto shall pass to and vest in the purchaser of the Property. (e) The risk of loss or damage to Equipment which makes any item of Equipment unfit for continued or repairable use. Borrower hereby irrevocably appoints Lender as Borrower’s attorney-in-fact to execute and endorse all checks or drafts in Borrower’s name to collect under any insurance covering Equipment. Lender may apply insurance proceeds to the Property is on the Debtor whether Obligations or not the Property is held by or controlled by the Lenderany other obligation of Borrower to Lender as Lender deems appropriate.

Insurance and Risk of Loss. (a) Lessee shall obtain insurance coverage for the Property. The Debtor expense of such insurance coverage shall keep be borne by Lessee and is not covered by Lessee’s rental payments hereunder. Lessee shall maintain in force, at all times from shipment of the Tangible Property insured in such amountsto Lessee until surrender thereof, property damage and risk insurance and liability insurance with such companies coverage and against from such risks insurance carriers as may shall be satisfactory to the Lender. All such policies shall name the Lender as an additional loss payee and shall contain an agreement by the insurer that they shall not be cancelled without at least 30 days prior written notice to the LenderLessor. The Debtor shall cause duplicate originals Property must be insured against all risks that are customarily insured against on the type of such equipment leased hereunder. Such insurance policies to be deposited with the Lender. If requested by the Lendermust name Lessor as additional insured and lender’s loss payee, the Debtor shall, at least 10 days prior to the due date, furnish to the Lender evidence of the payment of the premiums due on such policies. (b) The Debtor hereby assigns to the Lender each policy of insurance covering any of the Property, including all rights to receive the proceeds and returned premiums of such insurance. With respect to all such insurance policies, the Lender is hereby authorized, but not required, on behalf of the Debtor, to collect for, adjust and compromise any losses and to apply, at its option, the loss proceeds (less expenses of collection) to the Obligations, in any order and whether due or not, or to the repair, replacement or restoration of the Property, or to remit the same to the Debtor; but any such application or remittance shall not cure or waive any default by the Debtor and shall not operate to xxxxx, satisfy or release any of the Obligations. If any insurance proceeds are received by the Debtor, the Debtor shall promptly apply such proceeds to the repair, replacement or restoration of the Property unless the Debtor receives contrary directions from the Lender. (c) In the event that any Debtor’s Home is destroyed or suffers substantial damage that is not repaired within a period of provide for thirty (30) daysdays advance written notice to Lessor of any modification or cancellation. Upon request, Debtor Lessee shall deliver to Lessor satisfactory evidence of insurance coverage. Lessee hereby assumes the entire risk of damage to or loss of the Property and any Financed Items from any cause whatsoever, whether or not insured against, while in transit or during the term hereof. In the event of any loss or damage, the Lease shall continue in full force and effect, without any modification or reduction of any obligation of Lessee unless otherwise provided. In the event of damage of any kind to any of the Property (unless damaged beyond repair), Lessee shall continue to pay rent and place the Property in good repair, condition and working order to Lender an amount equal to that the satisfaction of Lessor within ninety (90) days of the date of damage. If the Property or any portion of the unpaid balance Property is determined by Lessee to be lost, stolen, destroyed or damaged beyond repair and is a documented casualty or if any Property is destroyed or damaged beyond repair in connection with Data Erasure (an “Event of Loss”), Lessee at its option may (a) continue to pay rent and replace the Property with equipment acceptable to Lessor and of identical manufacture and equal or greater capacity, utility and value to that of the Obligations allocated original Property (in which case Lessee shall transfer title to the applicable Debtor’s Home as shown on Lender’s records, absent manifest error, provided, that such prepayment amount shall be reduced by the amount replacement equipment to Lessor free and clear of all liens and encumbrances of any insurance proceeds received by kind) and take such further action as Lessor may request in order to effect such substitution, or (b) pay Lessor on the Lender. next Rent Payment Date the stipulated loss value for the Property as set forth in the relevant Schedule (dthe “Stipulated Loss Value”) In case as of a sale pursuant the date of the Event of Loss and all rent accrued up to the default provisions hereofdate of payment and all other amounts then due in connection with the Property. Upon payment of the foregoing amounts, or any conveyance the Lease shall terminate with respect to such Property, and Lessor shall transfer ownership and title to such Property to Lessee free and clear of all or any part of the Property in extinguishment of the Obligations, title to all such insurance policies and the proceeds thereof and unearned premiums with respect thereto shall pass to and vest in the purchaser of the Property. (e) The risk of loss or damage to the Property is on the Debtor whether or not the Property is held encumbrances arising by or controlled by the Lenderthrough Lessor.

Insurance and Risk of Loss. 4.1 Risk of loss of, damage to or destruction of the Equipment shall be borne by the Borrower and effective from the date of this Agreement and until the payment and performance in full of all Secured Obligations, Borrower shall at its own expense cause to be carried and maintained all risk casualty insurance (a) The Debtor shall keep the Tangible Property insured in such amountscovering risk of fire, with such companies theft and against other such risks as the Lender may be satisfactory require, including standard and extended coverage) with respect to each item of Equipment in an amount no less than the Lenderreplacement costs applicable to such item of Equipment during the term of this Agreement. All policies evidencing such policies casualty insurance shall name the Lender as an additional loss payee contain a standard mortgagee's endorsement and shall contain an agreement by the insurer that they shall not be cancelled without provide for at least 30 thirty days prior written notice to the Lender. The Debtor shall cause duplicate originals of such insurance policies to be deposited with the Lender. If requested by the Lender, the Debtor shall, at least 10 days prior to the due date, furnish underwriter or insurance company to the Lender evidence in the event of cancellation or expiration. Borrower shall provide Lender with insurance certificates evidencing the foregoing at time of closing. 4.2 If any item of Equipment is lost or rendered unusable as a result of any physical damage to or destruction of such item of Equipment during the period from the date hereof to and including the maturity date under the Note or the date all Secured Obligations hereunder have been fully satisfied, whichever is later, Borrower shall give to Lender prompt notice thereof. Borrower shall determine, within fifteen (15) days after the date of occurrence of such loss, damage or destruction, whether such item of Equipment can be repaired and restored to the condition in which such item of Equipment was required to be maintained as of the payment date immediately preceding such damage. If Borrower determines that such item of the premiums due on such policies. (b) The Debtor hereby assigns to the Lender each policy of insurance covering any of the PropertyEquipment can be repaired, including all rights to receive the proceeds and returned premiums of such insurance. With respect to all such insurance policies, the Lender is hereby authorized, but not required, on behalf of the Debtor, to collect for, adjust and compromise any losses and to applyBorrower, at its optionexpense, shall cause such item of Equipment to be promptly repaired. If Borrower determines that such item of I Equipment is lost or cannot be repaired, Borrower shall promptly notify the loss proceeds (less expenses Lender and such item of collection) Equipment shall be deemed to the Obligations, in any order and whether due or not, or to the repair, replacement or restoration have suffered a "Casualty Loss" for purposes of this Section as of the Property, or to remit date of the same to occurrence of such loss. Within fifteen (15) days following the Debtor; but occurrence of any such application loss, damage or remittance destruction, Borrower shall not cure or waive any default by notify the Debtor and shall not operate to xxxxx, satisfy or release any Lender of the Obligations. If any insurance proceeds are received by the Debtoritem(s) of Equipment which has suffered such Casualty Loss ("Loss Item"), the Debtor shall promptly apply such proceeds to the repair, replacement or restoration of the Property unless the Debtor receives contrary directions from the Lender. (c) In the event that any Debtor’s Home is destroyed or suffers substantial damage that is not repaired and within a period of thirty (30) daysdays thereafter (the "Settlement Date"), Debtor Borrower shall pay either (a) replace such item(s) of Equipment with equipment of the same model, type and feature configuration, in an operating condition and repair no less than that required hereunder of the damaged or lost equipment immediately prior to the date of such damage or loss, and having a fair market value no less than the Casualty Value (as defined herein) applicable to such item of Equipment as of the date immediately prior to such damage, in which case such replacement equipment shall for all purposes hereunder become part of the Collateral and (without limiting the preceding provisions) Borrower shall grant to Lender an amount equal to that portion a first lien and security interest in respect of the unpaid balance of the Obligations allocated such replacement equipment pursuant to the applicable Debtor’s Home as shown on Lender’s recordsterms of this Agreement, absent manifest errorand Borrower shall provide the Lender evidence satisfactory to the Lender of Borrower's good and marketable title to such replacement equipment (free of any liens, provided, that such prepayment amount security interests or encumbrances other than those created by this Agreement and Borrower shall be reduced by entitled to receive the amount of any insurance or other recovery received by Lender up to cost of obtaining the replacement equipment; or (b) so long as no Event of Default or event which with the giving of notice or passage of time, or both, would constitute an Event of Default, has occurred and is continuing, Borrower may provide substitute equipment satisfactory to Lender to become part of the Collateral and Borrower shall grant to Lender a first lien and security interest in respect of such substitute equipment pursuant to the terms of this Agreement, and Borrower shall provide the Lender evidence satisfactory to Lender of Borrower's good and marketable title to such substitute equipment (free of any liens, security interests or encumbrances other than created by this Agreement and Lender shall provide any required endorsements in connection with any insurance proceeds received by the Lender. (d) In case of a sale Borrower pursuant to the default provisions hereof, or any conveyance of all or any part of the Property in extinguishment of the Obligations, title to all such insurance policies and the proceeds thereof and unearned premiums with respect thereto shall pass to and vest in the purchaser of the Property. policies; or (e) The risk of loss or damage to the Property is on the Debtor whether or not the Property is held by or controlled by the Lender.

Insurance and Risk of Loss. 4.1 Risk of loss of, damage to or destruction of the Equipment shall be borne by the Borrower and effective from the date of this Agreement and until the payment and performance in full of all Secured Obligations, Borrower shall at its own expense cause to be carried and maintained all risk casualty insurance (a) The Debtor shall keep the Tangible Property insured in such amountscovering risk of fire, with such companies theft and against other such risks as the Lender may be satisfactory require, including standard and extended coverage) with respect to each item of Equipment in an amount no less than the Lenderreplacement costs applicable to such item of Equipment during the term of this Agreement. All policies evidencing such policies casualty insurance shall name the Lender as an additional loss payee contain a standard mortgagee's endorsement and shall contain an agreement by the insurer that they shall not be cancelled without provide for at least 30 thirty days prior written notice to the Lender. The Debtor shall cause duplicate originals of such insurance policies to be deposited with the Lender. If requested by the Lender, the Debtor shall, at least 10 days prior to the due date, furnish underwriter or insurance company to the Lender evidence in the event of cancellation or expiration. Borrower shall provide Lender with insurance certificates evidencing the foregoing at time of closing. 4.2 If any item of Equipment is lost or rendered unusable as a result of any physical damage to or destruction of such item of Equipment during the period from the date hereof to and including the maturity date under the Note or the date all Secured Obligations hereunder have been fully satisfied, whichever is later, Borrower shall give to Lender prompt notice thereof. Borrower shall determine, within fifteen (15) days after the date of occurrence of such loss, damage or destruction, whether such item of Equipment can be repaired and restored to the condition in which such item of Equipment was required to be maintained as of the payment date immediately preceding such damage. If Borrower determines that such item of the premiums due on such policies. (b) The Debtor hereby assigns to the Lender each policy of insurance covering any of the PropertyEquipment can be repaired, including all rights to receive the proceeds and returned premiums of such insurance. With respect to all such insurance policies, the Lender is hereby authorized, but not required, on behalf of the Debtor, to collect for, adjust and compromise any losses and to applyBorrower, at its optionexpense, shall cause such item of Equipment to be promptly repaired. If Borrower determines that such item of I Equipment is lost or cannot be repaired, Borrower shall promptly notify the loss proceeds (less expenses Lender and such item of collection) Equipment shall be deemed to the Obligations, in any order and whether due or not, or to the repair, replacement or restoration have suffered a "Casualty Loss" for purposes of this Section as of the Property, or to remit date of the same to occurrence of such loss. Within fifteen (15) days following the Debtor; but occurrence of any such application loss, damage or remittance destruction, Borrower shall not cure or waive any default by notify the Debtor and shall not operate to xxxxx, satisfy or release any Lender of the Obligations. If any insurance proceeds are received by the Debtoritem(s) of Equipment which has suffered such Casualty Loss ("Loss Item"), the Debtor shall promptly apply such proceeds to the repair, replacement or restoration of the Property unless the Debtor receives contrary directions from the Lender. (c) In the event that any Debtor’s Home is destroyed or suffers substantial damage that is not repaired and within a period of thirty (30) daysdays thereafter (the "Settlement Date"), Debtor Borrower shall pay either (a) replace such item(s) of Equipment with equipment of the same model, type and feature configuration, in an operating condition and repair no less than that required hereunder of the damaged or lost equipment immediately prior to the date of such damage or loss, and having a fair market value no less than the Casualty Value (as defined herein) applicable to such item of Equipment as of the date immediately prior to such damage, in which case such replacement equipment shall for all purposes hereunder become part of the Collateral and (without limiting the preceding provisions) Borrower shall grant to Lender an amount equal to that portion a first lien and security interest in respect of the unpaid balance of the Obligations allocated such replacement equipment pursuant to the applicable Debtor’s Home as shown on Lender’s recordsterms of this Agreement, absent manifest errorand Borrower shall provide the Lender evidence satisfactory to the Lender of Borrower's good and marketable title to such replacement equipment (free of any liens, provided, that such prepayment amount security interests or encumbrances other than those created by this Agreement and Borrower shall be reduced by entitled to receive the amount of any insurance proceeds or other recovery received by Lender up to cost of obtaining the Lender. replacement equipment; or (db) In case so long as no Event of Default or event which with the giving of notice or passage of time, or both, would constitute an Event of Default, has occurred and is continuing, Borrower may provide substitute equipment satisfactory to Lender to become part of the Collateral and Borrower shall grant to Lender a sale first lien and security interest in respect of such substitute equipment pursuant to the default provisions hereofterms of this Agreement, or any conveyance and Borrower shall provide the Lender evidence satisfactory to Lender of all or any part of the Property in extinguishment of the Obligations, Borrower's good and marketable title to all such insurance policies and the proceeds thereof and unearned premiums with respect thereto shall pass to and vest in the purchaser substitute equipment (free of the Property. (e) The risk of loss or damage to the Property is on the Debtor whether or not the Property is held by or controlled by the Lender.any liens, security interests or

Insurance and Risk of Loss. Buyer shall at all times bear all risk of loss of, damage to or destruction of the Equipment. Buyer agrees to immediately procure and maintain insurance on the Equipment, for the full insurable value thereof and for the life of this Agreement, in the form of "All Risk" or similar insurance (ainsuring the Equipment for fire, extended coverage, vandalism, theft and collision and containing only those exclusions from coverage which are acceptable to Seller) The Debtor shall keep the Tangible Property insured plus such other insurance as Seller may specify from time to time, all in such amounts, form and amount and with such companies and against such risks as may be insurers satisfactory to the LenderSeller. All such Buyer agrees to deliver promptly to Seller certificates or, if requested, policies shall name the Lender of insurance satisfactory to Seller, each with a standard long-form loss-payable endorsement naming Seller or assigns as an additional loss loss-payee and shall contain an agreement by the insurer providing that they shall Seller's rights under such policy will not be cancelled without at least invalidated by any act, omission or neglect of anyone other than Seller, and containing the insurer's agreement to give 30 days prior written notice to Seller before any cancellation or material change in the Lenderpolicy(s) will be effective as to Seller, whether such cancellation or change is at the direction of Buyer or insurer. The Debtor shall cause duplicate originals Seller's acceptance of policies in lesser amounts or risks will not be a waiver of Buyer's obligation to procure insurance complying with the provisions hereof promptly after notice from Seller. Buyer assigns to Seller all proceeds of any physical damage or credit insurance for which a charge is stated in this Agreement or which is maintained by Buyer in accordance herewith, including returned and unearned premiums, up to the amount owing hereunder by Buyer. Seller will not have the right to cancel any such insurance policies to be deposited with the Lender. If requested by the Lender, the Debtor shall, at least 10 days without Buyer's consent prior to the due dateoccurrence of an event of default and the repossession, furnish loss or destruction of the Equipment. Buyer directs all insurers to pay such proceeds solely to the Lender evidence order of the payment of the premiums due on such policies. (b) The Debtor hereby assigns Seller for application to the Lender each policy of insurance covering any of the Property, including all rights Buyer's indebtedness to receive the proceeds and returned premiums of such insuranceSeller. With respect to all such insurance policies, the Lender is hereby authorized, but not required, on behalf of the Debtor, to collect for, adjust and compromise any losses and to applySeller may, at its option, the loss proceeds (less expenses of collection) to the Obligations, in any order and whether due or not, or to the repair, replacement or restoration of the Property, or to remit the same to the Debtor; but apply any such application or remittance shall not cure or waive any default by the Debtor and shall not operate to xxxxx, satisfy or release any of the Obligations. If any insurance proceeds are received by the Debtor, the Debtor shall promptly apply such proceeds to the repair, replacement or restoration of the Property unless the Debtor receives contrary directions from the Lender. (c) In the event that any Debtor’s Home is destroyed or suffers substantial damage that is not repaired within a period of thirty (30) days, Debtor shall pay to Lender an amount equal to that portion of the unpaid balance of the Obligations allocated to the applicable Debtor’s Home as shown on Lender’s records, absent manifest error, provided, that such prepayment amount shall be reduced by the amount of any insurance proceeds received by the Lender. (d) In case of a sale pursuant Seller to the default provisions hereof, or any conveyance of all or any part of the Property in extinguishment of the Obligations, title to all such insurance policies and the proceeds thereof and unearned premiums with respect thereto shall pass to and vest he final maturing installments due hereunder in the purchaser inverse order of the Propertytheir maturity. (e) The risk of loss or damage to the Property is on the Debtor whether or not the Property is held by or controlled by the Lender.

Insurance and Risk of Loss. 4.1 Risk of loss of, damage to or destruction of the Collateral shall be borne by the Borrower and effective from the date of this Agreement and until the payment and performance in full of all Secured Obligations, Borrower shall at its own expense cause to be carried and maintained all risk casualty insurance (a) The Debtor shall keep the Tangible Property insured in such amountscovering risk of fire, with such companies theft and against other such risks as the Lender may be satisfactory require, including standard and extended coverage) with respect to each item of Collateral in an amount no less than the Lenderreplacement costs applicable to such item of Collateral during the term of this Agreement. All policies evidencing such policies casualty insurance shall name the Lender as an additional loss payee contain a standard mortgagee's endorsement and shall contain an agreement by the insurer that they shall not be cancelled without provide for at least 30 thirty days prior written notice to the Lender. The Debtor shall cause duplicate originals of such insurance policies to be deposited with the Lender. If requested by the Lender, the Debtor shall, at least 10 days prior to the due date, furnish underwriter or insurance company to the Lender evidence in the event of cancellation or expiration. Borrower shall provide Lender with insurance certificates evidencing the foregoing at time of closing. 4.2 If any item of Collateral is lost or rendered unusable as a result of any physical damage to or destruction of such item of Equipment during the period from the date hereof to and including the maturity date under the Note or the date all Secured Obligations hereunder have been fully satisfied, whichever is later, Borrower shall give to Lender prompt notice thereof. Borrower shall determine, within fifteen (15) days after the date of occurrence of such loss, damage or destruction, whether such item of Equipment can be repaired and restored to the condition in which such item of Collateral was required to be maintained as of the payment date immediately preceding such damage. If Borrower determines that such item of the premiums due on such policies. (b) The Debtor hereby assigns to the Lender each policy of insurance covering any of the PropertyCollateral can be repaired, including all rights to receive the proceeds and returned premiums of such insurance. With respect to all such insurance policies, the Lender is hereby authorized, but not required, on behalf of the Debtor, to collect for, adjust and compromise any losses and to applyBorrower, at its optionexpense, shall cause such item of Collateral to be promptly repaired. If Borrower determines that such item of Collateral is lost or cannot be repaired, Borrower shall promptly notify the loss proceeds (less expenses Lender and such item of collection) Collateral shall be deemed to the Obligations, in any order and whether due or not, or to the repair, replacement or restoration have suffered a "Casualty Loss" for purposes of this Section as of the Property, or to remit date of the same to occurrence of such loss. Within fifteen (15) days following the Debtor; but occurrence of any such application loss, damage or remittance destruction, Borrower shall not cure or waive any default by notify the Debtor and shall not operate to xxxxx, satisfy or release any Lender of the Obligations. If any insurance proceeds are received by the Debtoritem(s) of Collateral which has suffered such Casualty Loss ("Loss Item"), the Debtor shall promptly apply such proceeds to the repair, replacement or restoration of the Property unless the Debtor receives contrary directions from the Lender. (c) In the event that any Debtor’s Home is destroyed or suffers substantial damage that is not repaired and within a period of thirty (30) daysdays thereafter (the "Settlement Date"), Debtor Borrower shall pay either (a) replace such item(s) of Collateral with equipment of the same model, type and feature configuration, in an operating condition and repair no less than that required hereunder of the damaged or lost equipment immediately prior to the date of such damage or loss, and having a fair market value no less than the Casualty Value (as defined herein) applicable to such item of Collateral as of the date immediately prior to such damage, in which case such replacement equipment shall for all purposes hereunder become part of the Collateral and (without limiting the preceding provisions) Borrower shall grant to Lender an amount equal to that portion a first lien and security interest in respect of the unpaid balance of the Obligations allocated such replacement equipment pursuant to the applicable Debtor’s Home as shown on Lender’s recordsterms of this Agreement, absent manifest errorand Borrower shall provide the Lender evidence satisfactory to the Lender of Borrower's good and marketable title to such replacement equipment (free of any liens, provided, that such prepayment amount security interests or encumbrances other than those created by this Agreement and Borrower shall be reduced by entitled to receive the amount of any insurance or other recovery received by Lender up to cost of obtaining the replacement equipment; or (b) so long as no Event of Default or event which with the giving of notice or passage of time, or both, would constitute an Event of Default, has occurred and is continuing, Borrower may provide substitute equipment satisfactory to Lender to become part of the Collateral and Borrower shall grant to Lender a first lien and security interest in respect of such substitute equipment pursuant to the terms of this Agreement, and Borrower shall provide the Lender evidence satisfactory to Lender of Borrower's good and marketable title to such substitute equipment (free of any liens, security interests or encumbrances other than created by this Agreement and Lender shall provide any required endorsements in connection with any insurance proceeds received by the Lender. (d) In case of a sale Borrower pursuant to the default provisions hereof, or any conveyance of all or any part of the Property in extinguishment of the Obligations, title to all such insurance policies and the proceeds thereof and unearned premiums with respect thereto shall pass to and vest in the purchaser of the Property. policies; or (e) The risk of loss or damage to the Property is on the Debtor whether or not the Property is held by or controlled by the Lender.

Insurance and Risk of Loss. (a) The Debtor shall All risk of loss, damage or destruction of the Vehicles will at all times be on Lessee. Lessee will keep the Tangible Property Vehicles insured at Lessee's expense against liability in an amount not less that $1,000,000 per occurrence, and loss or damage by fire, theft and other customary risks for the greater of the full insurable values or the then applicable Stipulated Loss Value for the Vehicles. Coverage and insurer will be subject to Lessor's approval, provided however that such amounts, with such companies insurer shall have a Best Class rating of at least B+VI. Lessor and against such risks as may any third party designated by Lessor shall be satisfactory to the Lender. All such policies shall name the Lender named as an additional insured and/or loss payee payee, as applicable, on each policy. Each policy will further provide that Lessor's interest can not be invalidated by an act, omissions, or neglect of anyone other than Lessor and shall contain an agreement by that the insurer that they shall not be cancelled without will give Lessor thirty days advance written notice of any policy cancellation, or non-renewal, whether such cancellation is at the direction of Lessee or insurer. Lessee will promptly deliver a copy of each policy or insurance certificate to Lessor and proof of renewal at least 30 days prior written notice to expiration or cancellation. If Lessee fails to provide the Lender. The Debtor shall cause duplicate originals of required insurance, Lessor may purchase such insurance policies at Lessee's expense, purchase of which need not include liability coverage or protection of Lessee's interest. Lessee irrevocably appoints Lessor as Lessee's attorney-in-fact to be deposited with the Lender. If requested by the Lenderexecute and endorse all documents, the Debtor shall, at least 10 days prior to the due date, furnish to the Lender evidence of the checks or drafts received in payment of the premiums due on such policies. (b) The Debtor hereby assigns to the Lender each policy of insurance covering any of the Property, including all rights to receive the proceeds and returned premiums of such insurance. With respect to all such insurance policies, the Lender is hereby authorized, but not required, on behalf of the Debtor, to collect for, adjust and compromise any losses and to apply, at its option, the loss proceeds (less expenses of collection) to the Obligations, in any order and whether due or not, or to the repair, replacement or restoration of the Property, or to remit the same to the Debtor; but any such application or remittance shall not cure or waive any default by the Debtor and shall not operate to xxxxx, satisfy or release any of the Obligations. If any insurance proceeds are received by the Debtor, the Debtor shall promptly apply such proceeds to the repair, replacement or restoration of the Property unless the Debtor receives contrary directions from the Lender. (c) In the event that any Debtor’s Home is destroyed or suffers substantial damage that is not repaired within a period of thirty (30) days, Debtor shall pay to Lender an amount equal to that portion of the unpaid balance of the Obligations allocated to the applicable Debtor’s Home as shown on Lender’s records, absent manifest error, provided, that such prepayment amount shall be reduced by the amount of any insurance proceeds received by the Lender. (d) In case of a sale pursuant to the default provisions hereof, or any conveyance of all or any part of the Property in extinguishment of the Obligations, title to all such insurance policies and the proceeds thereof and unearned premiums with respect thereto shall pass to and vest in the purchaser of the Property. (e) The risk of loss or damage under any insurance policy. Lessee will immediately notify Lessor in writing of any substantial damage, theft or loss which makes any Vehicle unfit for continued or repairable use at which time Lessee will pay to Lessor the Stipulated Loss Value for the Vehicle calculated as of the day upon which the next Regular Monthly Rental Payment is due, together with all other sums then owed in connection with the Vehicle. Upon receipt of the Stipulated Loss Value and all other amounts then due, Lessor shall transfer title to the Property is on the Debtor whether Vehicle "Where-Is," "As-Is" to Lessee or not the Property is held by or controlled by the Lenderas Lessee directs, with Lessee being responsible for all costs of such transfer. Lessor has no obligation to replace any Vehicle and may apply insurance proceeds to any of Lessee's obligations as Lessor deems appropriate.

Insurance and Risk of Loss. (a) The Debtor Seller shall keep maintain fire and extended coverage insurance on the Tangible Property insured in such amountsPremises until Settlement, but no latter than April 6, 2002. Seller shall promptly provide Buyer with such companies and against such risks as may be satisfactory a certificate of insurance to the Lender. All such policies shall name the Lender as an additional loss payee and shall contain an agreement by the insurer that they shall not be cancelled without at least 30 days prior written notice to the Lender. The Debtor shall cause duplicate originals of such insurance policies to be deposited demonstrate compliance with the Lender. If requested by the Lender, the Debtor shall, at least 10 days prior to the due date, furnish to the Lender evidence terms of the payment of the premiums due on such policiesthis subsection (a). (b) The Debtor hereby assigns Loss or damage to the Lender each policy Premises as a result of fire or casualty between the date of this Agreement and the time of Settlement shall be at the risk of Seller. Any loss or damage to the Premises as a result of fire or casualty that cannot be repaired or restored by Seller at its expense prior to Settlement, or in an amount in excess of One Hundred Thousand Dollars ($100,000.00) shall, in all events, entitle Buyer either (i) to terminate this Agreement, whereupon the Deposit, together with any interest earned thereon, shall be promptly released to Buyer and thereafter, neither party shall have any further rights, liabilities or obligations hereunder except for rights, liabilities or obligations, if any, which expressly survive this Agreement, or (ii) to require the completion of Settlement, in which event Buyer, upon completing Settlement, shall be entitled to a credit for proceeds of any insurance covering received by Seller on account of any such loss or damage, and to an assignment of the Property, including all rights to receive the insurance policies and/or proceeds and returned premiums of such insurance. With with respect to all the Premises, even if such insurance policiesaward, compensation or proceeds shall exceed the Lender is hereby authorized, but not required, on behalf of the Debtor, to collect for, adjust and compromise any losses and to apply, at its option, the loss proceeds (less expenses of collection) to the Obligations, in any order and whether due or not, or to the repair, replacement or restoration of the Property, or to remit the same to the Debtor; but any such application or remittance shall not cure or waive any default by the Debtor and shall not operate to xxxxx, satisfy or release any of the ObligationsPurchase Price. If Buyer does not terminate this Agreement as provided for in this Section 15, Seller shall give Buyer any insurance proceeds are received by Seller for Buyer to restore the Debtor, the Debtor Premises to its condition existing prior to such loss or damage. Seller shall promptly apply such proceeds execute and deliver to the repair, replacement Buyer any and all documents required before or restoration after Settlement for payment of the Property unless the Debtor receives contrary directions from the Lenderaforesaid to be received by Buyer. (c) In the event that any Debtor’s Home is destroyed or suffers substantial damage that is not repaired within a period of thirty (30) days, Debtor shall pay to Lender an amount equal to that portion of the unpaid balance of the Obligations allocated Subject to the applicable Debtor’s Home as shown on Lender’s recordsforegoing, absent manifest error, provided, that such prepayment amount Seller shall be reduced by continue to maintain the amount of any insurance proceeds received by the Lender. (d) In case of a sale pursuant to the default provisions hereof, or any conveyance of all or any part of the Property in extinguishment of the Obligations, title to all such insurance policies and the proceeds thereof and unearned premiums with respect thereto shall pass to and vest Premises in the purchaser of the Propertysame manner as it is currently being carried out. (e) The risk of loss or damage to the Property is on the Debtor whether or not the Property is held by or controlled by the Lender.

Insurance and Risk of Loss. (a) All risk of loss, damage to or destruction of the Eligible Inventory and Eligible Equipment shall at all times be on the Company. The Debtor shall keep Company will procure forthwith and maintain at the Tangible Property insured Company's expense insurance against all risks of loss or physical damage to the Eligible Equipment for the full insurable value thereof for the like of this Agreement plus breach of warranty insurance and such other insurance thereon in such amounts, with such companies amounts and against such risks as CIT may specify, and shall promptly deliver each policy to CIT with a standard long-form mortgagee endorsement attached thereto showing loss payable to CIT; and providing CIT with not less than 30 days written notice of cancellation; each policy shall be in form, terms and amount and with insurance carriers satisfactory to the Lender. All such CIT; CIT's acceptance of policies shall name the Lender as an additional loss payee and shall contain an agreement by the insurer that they in lesser amounts or risks shall not be cancelled without at least 30 days prior written notice a waiver of the Company's foregoing obligations. As to CIT's interest in such policy, no act or omission of the LenderCompany or any of its officers, agents, employees or representatives shall affect the obligations of the insurer to pay the full amount of any loss. The Debtor shall cause duplicate originals Company hereby assigns to CIT any monies which may become payable under any such policy of insurance and irrevocably constitutes and appoints CIT as the Company's attorney in fact (a) to hold each original insurance policy, (b) to make, settle and adjust claims under each policy of insurance, (c) to make claims for any monies which may become payable under such and other insurance policies on the Eligible Equipment including returned or unearned premiums, and (d) to be deposited with endorse the Lender. If requested by Company's name on any check draft or other instrument received in payment of claims or returned or unearned premiums under each policy and to apply the Lender, the Debtor shall, at least 10 days prior funds to the due date, furnish to the Lender evidence of the payment of the premiums due on such policies. (b) The Debtor hereby assigns indebtedness owning to the Lender each policy of insurance covering CIT; provided, however, CIT is under no obligation to do any of the Property, including all rights foregoing. Should the Company fail to receive the proceeds and returned premiums of such insurance. With respect to all furnish such insurance policiespolicy to CIT, or to maintain such policy in full force, or to pay any premium in whole or in part relating thereto, then CIT, without waiving or raising any default or obligation by the Lender is hereby authorizedCompany, may (but not required, shall be under no obligation to) obtain and maintain insurance and pay the premium therefor on behalf of the Debtor, to collect for, adjust Company and compromise any losses and to apply, at its option, charge the loss proceeds (less expenses of collection) premium to the Obligations, in any order and whether due or not, or to the repair, replacement or restoration of the Property, or to remit the same to the Debtor; but any such application or remittance shall not cure or waive any default by the Debtor and shall not operate to xxxxx, satisfy or release any of the ObligationsCompany's indebtedness under this Agreement. If any insurance proceeds are received by the Debtor, the Debtor shall promptly apply such proceeds to the repair, replacement or restoration of the Property unless the Debtor receives contrary directions from the Lender. (c) In the event that any Debtor’s Home is destroyed or suffers substantial damage that is not repaired within a period of thirty (30) days, Debtor shall pay to Lender an amount equal to that portion of the unpaid balance of the Obligations allocated to the applicable Debtor’s Home as shown on Lender’s records, absent manifest error, provided, that such prepayment amount shall be reduced by the The full amount of any insurance proceeds received such premium paid by CIT shall be payable by the LenderCompany upon demand, and failure to pay same shall constitute an event of default under this Agreement. (d) In case of a sale pursuant to the default provisions hereof, or any conveyance of all or any part of the Property in extinguishment of the Obligations, title to all such insurance policies and the proceeds thereof and unearned premiums with respect thereto shall pass to and vest in the purchaser of the Property. (e) The risk of loss or damage to the Property is on the Debtor whether or not the Property is held by or controlled by the Lender.

Insurance and Risk of Loss. (a) The Debtor Until the delivery of the deed, SELLER shall keep maintain such insurance on the Tangible Property insured Premises as is presently in such amounts, with such companies and against such risks as may be satisfactory force. Notwithstanding anything to the Lendercontrary in this Agreement, risk of loss shall remain with SELLER through and including the Closing Date. All such policies SELLER shall name promptly give notice to BUYER of any damage to the Lender Premises by fire or other casualty. If the Premises, or any portion thereof, suffers any Material Damage (as an additional loss payee and shall contain an agreement hereinafter defined) prior to Closing from fire or other casualty, then BUYER may terminate this Agreement by the insurer that they shall not be cancelled without at least 30 days prior delivering written notice to the Lender. The Debtor shall cause duplicate originals SELLER and Escrow Agent of such insurance policies to termination within ten (10) business days after SELLER notifies BUYER of the casualty, in which event, Escrow Agent shall refund the Deposit and all interest earned thereon whereupon this Agreement shall terminate and be deposited with the Lenderof no further force and effect. If requested by BUYER does not so terminate this Agreement, then BUYER shall pay the Lender, entire Purchase Price to SELLER on the Debtor shallClosing Date and SELLER shall deliver to BUYER, at least 10 days prior to the due dateClosing, furnish to the Lender evidence of the payment of the premiums due on such policies. (b) The Debtor hereby assigns to the Lender each policy of insurance covering any of the Property, including all rights to receive the proceeds and returned premiums of such insurance. With respect to all such insurance policies, the Lender is hereby authorized, but not required, on behalf of the Debtor, to collect for, adjust and compromise any losses and to apply, at its option, the loss proceeds (less expenses of collection) to the Obligations, in any order and whether due or not, or to the repair, replacement or restoration of the Property, or to remit the same to the Debtor; but any such application or remittance shall not cure or waive any default by the Debtor and shall not operate to xxxxx, satisfy or release any of the Obligations. If any insurance proceeds are actually received by SELLER in respect of such casualty, together with the Debtor, the Debtor shall promptly apply such proceeds to the repair, replacement or restoration amount of the Property unless deductible under SELLER's insurance policy, net of any costs incurred by SELLER in restoring the Debtor receives contrary directions from Premises, or assign to BUYER, at Closing, all of SELLER's right, title and interest in any claim to proceeds of any insurance covering such damage, and SELLER shall have no obligation to restore the Lender. (c) Premises. In the event that BUYER does not terminate the Agreement hereunder on account of any Debtor’s Home is destroyed casualty, then SELLER shall have no right to occupy the Premises on or suffers substantial damage that is after the Closing Date and BUYER shall have no obligation to execute and deliver the Occupancy Agreement on the Closing Date. If BUYER fails to timely deliver to SELLER written notice of termination of this Agreement as described above, or if the casualty has not repaired within a period of thirty (30) daysresulted in Material Damage, Debtor shall pay to Lender an amount equal to that portion of the unpaid balance of the Obligations allocated to the applicable Debtor’s Home as shown on Lender’s records, absent manifest error, provided, that such prepayment amount then BUYER shall be reduced by the amount of any insurance proceeds received by the Lender. (d) In case of a sale deemed to have elected not to terminate this Agreement pursuant to the default provisions hereofterms of this Section 12. For the purposes of this Section 12, or any conveyance of all or any part of the Property in extinguishment of the Obligations, title to all such insurance policies and the proceeds thereof and unearned premiums with respect thereto shall pass to and vest in the purchaser of the Property. (e) The risk of loss or damage to the Property is on the Debtor whether or not the Property is held by or controlled by the Lender.term "

Insurance and Risk of Loss. (a) The Debtor Lessee shall keep insure the Tangible Property Equipment and, at its own expense, carry all-risk and public liability insurance during the term of each Lease in amounts customarily insured against in such amountssimilar circumstances on similar equipment, with such companies and against such risks as may be satisfactory all to the Lenderreasonable satisfaction of Lessor. All such Such insurance policies shall name the Lender Lessor, any Assignee and any Secured Party as an additional insureds and loss payee and payees, as their respective interests may appear. Any amounts received by Lessor with respect to such insurance shall contain an agreement be credited against Lessee's obligations hereunder. Lessee shall furnish, upon request by the insurer that they Lessor, evidence of such insurance, which shall not be cancelled without at least provide for 30 days prior written notice to the Lender. The Debtor shall cause duplicate originals Lessor and any-Assignee and Secured Party of such insurance policies to be deposited with the Lender. If requested by the Lender, the Debtor shall, at least 10 days prior to the due date, furnish to the Lender evidence of the payment of the premiums due on such policiesany alteration or cancellation thereof. (bA) The Debtor hereby assigns promptly pay to the Lender each policy of insurance covering any of the Property, including all rights to receive the proceeds and returned premiums of such insurance. With respect to all such insurance policies, the Lender is hereby authorized, but not requiredLessor or its designee, on behalf of the Debtornext Rent Payment Date, to collect for, adjust and compromise any losses and to apply, at its option, the loss proceeds (less expenses of collection) to the Obligations, or in any order and whether due or not, or to the repair, replacement or restoration of the Property, or to remit the same to the Debtor; but any such application or remittance shall not cure or waive any default by the Debtor and shall not operate to xxxxx, satisfy or release any of the Obligations. If any insurance proceeds are received by the Debtor, the Debtor shall promptly apply such proceeds to the repair, replacement or restoration of the Property unless the Debtor receives contrary directions from the Lender. (c) In the event that any Debtor’s Home is destroyed or suffers substantial damage that is not repaired within a period of no later than thirty (30) daysdays thereafter, Debtor shall pay to Lender but only if all Rent due hereunder is kept current, an amount equal to that portion all accrued and unpaid Rent with respect to such item as of the unpaid balance date of the Obligations allocated to Event of Loss, plus the Casualty Value of such item as of the date of the Event of Loss, as set forth in the applicable Debtor’s Home Equipment Schedule. Upon such payment, the Lease shall terminate solely with respect to such item of Equipment or (B) substitute an item of equipment within 30 days of the Event of Loss, which shall, in the reasonable opinion of Lessor, have substantially the same features, and the same estimated residual value as shown on Lender’s recordsof the end of the Initial Term of the Lease as the replaced item of Equipment. In such event, absent manifest errorLessee shall, providedat its sole cost and expense, that furnish Lessor with a warranty bill of sale satisfactory to Lessor covering such prepayment amount shall be reduced by the amount item of equipment xxx take such other action as Lessor, any insurance proceeds received by the Lender. (d) In case of a sale pursuant to the default provisions hereof, Assignee or any conveyance of all or any part of the Property Secured Party may reasonably request in extinguishment of the Obligations, title order to all effect such insurance policies substitution and the proceeds thereof and unearned premiums with respect thereto shall pass to and vest protect fully their interests in the purchaser substituted item of the Property. (e) The risk of loss or damage to the Property is on the Debtor whether or not the Property is held by or controlled by the Lender.Equipment

Insurance and Risk of Loss. (a) The Debtor shall keep the Tangible Property insured in such amounts, with such companies and against such risks as may be satisfactory to the Lender. All such policies shall name the Lender as an additional loss payee and shall contain an agreement by the insurer that they shall not be cancelled without at least 30 days prior written notice to the Lender. The Debtor shall cause duplicate originals of such insurance policies to be deposited with the Lender. If requested by the Lender, the Debtor shall, at least 10 days prior to the due date, furnish to the Lender evidence of the payment of the premiums due on such policies. (b) The Debtor hereby assigns to the Lender each policy of insurance covering any of the Property, including all rights to receive the proceeds and returned premiums of such insurance. With respect to all such insurance policies, the Lender is hereby authorized, but not required, on behalf of the Debtor, to collect for, adjust and compromise any losses and to apply, at its option, the loss proceeds (less expenses of collection) to the Obligations, in any order and whether due or not, or to the repair, replacement or restoration of the Property, or to remit the same to the Debtor; but any such application or remittance shall not cure or waive any default by the Debtor and shall not operate to xxxxx, satisfy or release any of the Obligations. If any insurance proceeds are received by the Debtor, the Debtor shall promptly apply such proceeds to the repair, replacement or restoration of the Property unless the Debtor receives contrary directions from the Lender. (c) In the event that any Debtor’s Home is destroyed or suffers substantial damage that is not repaired within a period of thirty (30) days, Debtor shall pay to Lender an amount equal to that portion of the unpaid balance of the Obligations allocated to the applicable Debtor’s Home as shown on LenderXxxxxx’s records, absent manifest error, provided, that such prepayment amount shall be reduced by the amount of any insurance proceeds received by the Lender. (d) In case of a sale pursuant to the default provisions hereof, or any conveyance of all or any part of the Property in extinguishment of the Obligations, title to all such insurance policies and the proceeds thereof and unearned premiums with respect thereto shall pass to and vest in the purchaser of the Property. (e) The risk of loss or damage to the Property is on the Debtor whether or not the Property is held by or controlled by the Lender.

Insurance and Risk of Loss. 4.1 Risk of loss of, damage to or destruction of the Equipment shall be borne by the Borrower and effective upon the Funding Date under the Note and until the payment and performance in full of all Obligations, Borrower shall at its own expense cause to be carried and maintained all risk casualty insurance (a) The Debtor shall keep the Tangible Property insured in such amountscovering risk of fire, with such companies theft and against other such risks as the Lender may be satisfactory require, including standard and extended coverage) with respect to each item of Equipment in an amount no less than the "Casualty Value" applicable to such item of Equipment during the term of this Agreement as set forth in the Casualty Value Table attached hereto and made a part hereof as Exhibit C. All policies evidencing such casualty insurance shall contain a standard mortgagee's endorsement providing for payment of any loss to the Lender. All such policies shall name the Lender as an additional loss payee and shall contain an agreement by the insurer that they shall not be cancelled without provide for at least 30 thirty (30) days prior written notice to the Lender. The Debtor shall cause duplicate originals of such insurance policies to be deposited with the Lender. If requested by the Lender, the Debtor shall, at least 10 days prior to the due date, furnish underwriter or insurance company to the Lender evidence in the event of cancellation or expiration. Borrower shall provide Lender with insurance certificates evidencing the foregoing at time of closing. 4.2 If any item of Equipment is lost or rendered unusable as a result of any physical damage to or destruction of such item of Equipment, Borrower shall give to Lender prompt notice thereof. Borrower shall determine, within fifteen (15) days after the date of occurrence of such loss, damage or destruction, whether such item of Equipment can be repaired and restored to the condition in which such item of Equipment was required to be maintained as of the payment date immediately preceding such damage. If Borrower determines that such item of the premiums due on such policies. (b) The Debtor hereby assigns to the Lender each policy of insurance covering any of the PropertyEquipment can be repaired, including all rights to receive the proceeds and returned premiums of such insurance. With respect to all such insurance policies, the Lender is hereby authorized, but not required, on behalf of the Debtor, to collect for, adjust and compromise any losses and to applyBorrower, at its optionexpense, shall cause such item of Equipment to be promptly repaired. If Borrower determines that such item of Equipment is lost or cannot be repaired, Borrower shall promptly notify the loss proceeds (less expenses Lender and such item of collection) Equipment shall be deemed to the Obligations, in any order and whether due or not, or to the repair, replacement or restoration have suffered a "Casualty Loss" for purposes of this Section as of the Property, or to remit date of the same to occurrence of such loss. Within fifteen (15) days following the Debtor; but occurrence of any such application loss, damage or remittance destruction, Borrower shall not cure or waive any default by notify the Debtor and shall not operate to xxxxx, satisfy or release any Lender of the Obligations. If any insurance proceeds are received by the Debtoritem(s) of Equipment which has suffered such Casualty Loss ("Loss Item"), the Debtor shall promptly apply such proceeds to the repair, replacement or restoration of the Property unless the Debtor receives contrary directions from the Lender. (c) In the event that any Debtor’s Home is destroyed or suffers substantial damage that is not repaired and within a period of thirty (30) daysdays thereafter (the "Settlement Date"), Debtor Borrower shall pay either (a) replace such item(s) of Equipment with equipment of the same model, type and feature configuration, in an operating condition and repair no less than that required hereunder of the damaged or lost equipment immediately prior to the date of such damage or loss, and having a fair market value no less than the Casualty Value applicable to such equipment as of the date immediately prior to such damage, in which case such replacement equipment shall for all purposes hereunder become part of the Collateral and (without limiting the preceding provisions) Borrower shall grant to Lender an amount equal to that portion a first lien and security interest in respect of the unpaid balance of the Obligations allocated such replacement Equipment pursuant to the applicable Debtor’s Home as shown on Lender’s recordsterms of this Agreement and Borrower shall provide the Lender evidence satisfactory to the Lender of Borrower's good and marketable title to such replacement Equipment (free of any liens, absent manifest error, provided, that such prepayment amount security interests or encumbrances other than those created by this Agreement; and Borrower shall be reduced by entitled to receive the amount of any insurance proceeds or other recovery received by Lender up to cost of obtaining the Lender. replacement equipment; or (db) In case of a sale pay the Lender the insurance proceeds payable pursuant to the default provisions hereof, or any conveyance of all or any part of the Property in extinguishment of the Obligations, title to all such insurance policies ("Insurance Proceeds") with respect to such Loss Items and the proceeds thereof principal amount of the Note (and unearned premiums interest accrued on the principal amount so prepayable) shall become due and payable on the Settlement Date to the extent of the Casualty Value for all such Loss Items. Monies so received shall be applied, on the date of such receipt, as follows: first, to pay any accrued interest on the outstanding principal amount of the Note on such date; second, to prepay, the outstanding principal amount of the Note (to the extent of the fair market value attributable to such Loss Items); third, to pay any other Indebtedness of amounts then due and owing to the Lender hereunder; and fourth, so long as there has occurred no Event of Default under Section 8 hereof and no event which with respect thereto the giving of notice or passage of time or both would constitute an Event of Default, has occurred and is continuing, Borrower and Lender hereby agree that the balance of any such Insurance Proceeds shall pass be paid promptly to the Borrower. On any date of partial prepayment of any Note, the Lender shall submit to the Borrower a new schedule of principal and vest interest payment to provide for the complete amortization of the remaining principal and interest payable on the Note on the original maturity date of the Note. 4.3 Effective upon the Funding Date under the Note and while there are any Obligations outstanding, Borrower shall cause to be carried and maintained comprehensive general liability insurance with regard to each item of Equipment against risks customarily insured against in the purchaser Borrower's business. Such risks shall include, without limitation, the risks of death, bodily injury and property damage associated with the Equipment. All policies evidencing such insurance shall provide for at least thirty (30) days prior written notice by the underwriter or insurance company to the Lender in the event of cancellation or expiration. 4.4 Borrower shall and does hereby indemnify and hold Lender, its agents and shareholders harmless from and against any and all claims, costs, expenses, damages and liabilities (including without limitation such claims, costs, expenses, damages and liabilities based on liability in tort including without limitation strict liability in tort) including reasonable attorneys' fees, arising out of Borrower's ownership, possession, operation, control, use, maintenance, delivery, or other disposition of the Property. (e) The risk Equipment. Notwithstanding the foregoing, Borrower shall not be responsible under the terms of loss or damage this Section 4.4 to the Property is on the Debtor whether or not the Property is held by or controlled a party indemnified hereunder for any claims, costs, expenses, damages and liabilities occasioned by the Lendernegligence or willful misconduct of such indemnified party.

Insurance and Risk of Loss. 13.1 Seller shall maintain fire and extended coverage insurance on each of the Properties until Closing, in an amount not less than Seller's existing policies with respect to Properties in effect on the date hereof. 13.2 Loss or damage to the Properties as a result of the exercise of the power of eminent domain or as a result of fire or casualty between the date of this Agreement and the time of Closing shall be at the risk of Seller. Seller shall use any insurance proceeds received to restore the Properties to substantially similar condition prior to such loss or damage. If there is any material loss of any Property as a result of the exercise of the power of eminent domain, or any material loss to any Property as a result of fire or casualty, that cannot be or is not repaired or restored prior to Closing, then Purchaser may, at Purchaser's option: (a) The Debtor shall keep withdraw the Tangible Property insured in such amounts, with such companies and against such risks as may be satisfactory to the Lender. All such policies shall name the Lender as an additional loss payee and shall contain an agreement or Properties so affected by the insurer that they shall not be cancelled without at least 30 days prior written notice condemnation, fire or casualty and proceed to Closing on the Lender. The Debtor shall cause duplicate originals of such insurance policies to be deposited with the Lender. If requested by the Lender, the Debtor shall, at least 10 days prior to the due date, furnish to the Lender evidence of the payment of the premiums due on such policies. (b) The Debtor hereby assigns to the Lender each policy of insurance covering any of the Property, including all rights to receive the proceeds and returned premiums of such insurance. With respect to all such insurance policies, the Lender is hereby authorized, but not required, on behalf of the Debtor, to collect for, adjust and compromise any losses and to apply, at its option, the loss proceeds (less expenses of collection) to the Obligations, in any order and whether due or not, or to the repair, replacement or restoration of the Property, or to remit the same to the Debtor; but any such application or remittance shall not cure or waive any default by the Debtor and shall not operate to xxxxx, satisfy or release any of the Obligations. If any insurance proceeds are received by the Debtor, the Debtor shall promptly apply such proceeds to the repair, replacement or restoration of the Property unless the Debtor receives contrary directions from the Lender. (c) In the event that any Debtor’s Home is destroyed or suffers substantial damage that is not repaired within a period of thirty (30) days, Debtor shall pay to Lender an amount equal to that portion of the unpaid balance of the Obligations allocated to Properties, in which event the applicable Debtor’s Home as shown on Lender’s records, absent manifest error, provided, that such prepayment amount Purchase Price set forth in Section 3 of this Agreement shall be reduced by the liquidation value assigned to the Property or Properties so withdrawn as set forth on Exhibit 13; or (b) proceed to Closing on all the Properties, in which event Seller, upon completing Closing, shall deliver to Purchaser any eminent domain award or other compensation and the proceeds of any insurance received by Seller on account of any loss or damage (and Purchaser shall be entitled to a credit against the Purchase Price in the amount of any insurance deductibles associated with such loss or damage), which have not been used by Seller to restore the Properties, and shall assign all claims to such compensation, proceeds received or awards, even if such award, compensation or proceeds shall exceed the Purchase Price. Seller shall execute and deliver to Purchaser any and all documents required before or after Closing for payment of the aforesaid compensation, proceeds and awards by the LenderPurchaser. (d) In case of a sale pursuant to the default provisions hereof, 13.3 A "material loss" shall be any loss or any conveyance damage of all or any part portion of a Property by: (a) fire or any other casualty whatsoever where the cost of restoring such damage exceeds twenty percent (20%) of the liquidation value assigned to such Property in extinguishment Exhibit 13; or (b) condemnation or eminent domain proceedings by any public authority or if a notice of the Obligations, title to all any such insurance policies and the proceeds thereof and unearned premiums with respect thereto shall pass to and vest in the purchaser of the Propertyprospective condemnation or taking is given by any public authority. (e) The risk of loss or damage to the Property is on the Debtor whether or not the Property is held by or controlled by the Lender.

Insurance and Risk of Loss. (a) The Debtor shall All risk of loss, damage or destruction of the Vehicles will at all times be on Lessee. Lessee will keep the Tangible Property Vehicles insured at Lessee's expense against liability in an amount not less that $1,000,000 per occurrence, and loss or damage by fire, theft and other customary risks for the greater of the full insurable values or the then applicable Stipulated Loss Value for the Vehicles. Coverage and insurer will be subject to Lessor's approval, provided however that such amounts, with such companies insurer shall have a Best Class rating of at least B+VIII. Lessor and against such risks as may any third party designated by Lessor shall be satisfactory to the Lender. All such policies shall name the Lender named as an additional insured and/or loss payee payee, as applicable, on each policy. Each policy will further provide that Lessor's interest can not be invalidated by any act, omissions, or neglect of anyone other than Lessor and shall contain an agreement by that the insurer that they shall not be cancelled without will give Lessor thirty days advance written notice of any policy cancellation or non-renewal, whether such cancellation is at the direction of Lessee or insurer. Lessee will promptly deliver a copy of each policy or insurance certificate to Lessor and proof of renewal at least 30 days prior written notice to expiration or cancellation. If Lessee fails to provide the Lender. The Debtor shall cause duplicate originals of required insurance, Lessor may purchase such insurance policies at Lessee's expense, purchase of which need not include liability coverage or protection of Lessee's interest. Lessee irrevocably appoints Lessor as Lessee's attorney-in-fact to be deposited with the Lender. If requested by the Lenderexecute and endorse all documents, the Debtor shall, at least 10 days prior to the due date, furnish to the Lender evidence of the checks or drafts received in payment of the premiums due on such policies. (b) The Debtor hereby assigns to the Lender each policy of insurance covering any of the Property, including all rights to receive the proceeds and returned premiums of such insurance. With respect to all such insurance policies, the Lender is hereby authorized, but not required, on behalf of the Debtor, to collect for, adjust and compromise any losses and to apply, at its option, the loss proceeds (less expenses of collection) to the Obligations, in any order and whether due or not, or to the repair, replacement or restoration of the Property, or to remit the same to the Debtor; but any such application or remittance shall not cure or waive any default by the Debtor and shall not operate to xxxxx, satisfy or release any of the Obligations. If any insurance proceeds are received by the Debtor, the Debtor shall promptly apply such proceeds to the repair, replacement or restoration of the Property unless the Debtor receives contrary directions from the Lender. (c) In the event that any Debtor’s Home is destroyed or suffers substantial damage that is not repaired within a period of thirty (30) days, Debtor shall pay to Lender an amount equal to that portion of the unpaid balance of the Obligations allocated to the applicable Debtor’s Home as shown on Lender’s records, absent manifest error, provided, that such prepayment amount shall be reduced by the amount of any insurance proceeds received by the Lender. (d) In case of a sale pursuant to the default provisions hereof, or any conveyance of all or any part of the Property in extinguishment of the Obligations, title to all such insurance policies and the proceeds thereof and unearned premiums with respect thereto shall pass to and vest in the purchaser of the Property. (e) The risk of loss or damage under any insurance policy. Lessee will immediately notify Lessor in writing of any substantial damage, theft or loss which makes any Vehicle unfit for continued or repairable use at which time Lessee will pay to Lessor the Stipulated Loss Value for the Vehicle calculated as of the day upon which the next Regular Monthly Rental Payment is due, together with all other sums then owed in connection with the Vehicle. Upon receipt of the Stipulated Loss Value and all other amounts then due, Lessor shall transfer title to the Property is on the Debtor whether Vehicle "Where-Is," "As-Is" to Lessee or not the Property is held by or controlled by the Lenderas Lessee directs, with Lessee being responsible for all costs of such transfer. Lessor has no obligation to replace any Vehicle and may apply insurance proceeds to any of Lessee's obligations as Lessor deems appropriate.