Common use of Restoration Clause in Contracts

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold and the costs of completing the Restoration shall be less than the Availability Threshold, the Net Proceeds shall be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold or the costs of completing the Restoration are equal to or greater than the Availability Threshold, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 means: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Threshold and the costs of completing the Restoration shall be less than the Availability Threshold, the Net Proceeds shall be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold or the costs of completing the Restoration are equal to or greater than the Availability Threshold, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 means: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $2,500,000.00 and the costs of completing the Restoration shall be less than the Availability Threshold$2,500,000.00, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $2,500,000.00 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$2,500,000.00, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.48.4. The term “Net Proceeds” for purposes of this Section 6.4 means8.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i8.1(a)(i), (iv), (ixvi) and (xviii) as a result of such damage or destructiona Casualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Insurance Proceeds”), or (ii) the net amount of the AwardAward as a result of a Condemnation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Restoration Threshold Amount and the costs of completing the Restoration shall be less than the Availability ThresholdRestoration Threshold Amount, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Restoration Threshold Amount or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, Restoration Threshold Amount Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than the Availability Restoration Threshold and the costs of completing the Restoration shall be less than the Availability Restoration Threshold, and provided no Event of Default is continuing, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Restoration Threshold or the costs of completing the Restoration are equal to or greater than the Availability Restoration Threshold, the Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i5.1.1(a)(i), (iii), (iv), (ix) and (xvi) and Section 5.1.1(h) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold and the costs of completing the Restoration shall be less than the Availability Threshold, the Net Proceeds shall be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold or the costs of completing the Restoration are equal to or greater than the Availability Threshold, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 means: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ix) and (x6.1(a) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than the Availability Threshold Two Hundred Fifty Thousand and the costs No/100 Dollars ($250,000) and provided no Event of completing the Restoration shall be less than the Availability ThresholdDefault is continuing, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than Two Hundred Fifty Thousand and No/100 Dollars ($250,000), the Availability Threshold or the costs of completing the Restoration are equal to or greater than the Availability Threshold, Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i5.1.1 (a)(i), (iii), (iv), and (ixvi) and (xSection 5.1.1(h) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $250,000 and the costs of completing the Restoration shall be less than the Availability Threshold$250,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $250,000 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$250,000, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.48.4. The term “Net Proceeds” "NET PROCEEDS" for purposes of this Section 6.4 means8.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i8.1(a)(i), (iv), (ixvi) and (xviii) as a result of such damage or destructiona Casualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Insurance Proceeds”"INSURANCE PROCEEDS"), or (ii) the net amount of the AwardAward as a result of a Condemnation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Condemnation Proceeds”"CONDEMNATION PROCEEDS"), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Alteration Threshold and with respect to the costs of completing the Restoration shall be less than the Availability Thresholdaffected Individual Property, the Net Proceeds shall will be disbursed by Lender to Borrower promptly upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Alteration Threshold or with respect to the costs of completing affected Individual Property, the Restoration are equal to or greater than the Availability Threshold, Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds Insurance Proceeds received by Lender pursuant to Section 6.1(a)(i5.1.1 (a)(i), (iv), and (ixvi) and (xSection 5.1.1(h) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”)expenses, or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $250,000.00 and the costs of completing the Restoration shall be less than the Availability Threshold$250,000.00, the Net Proceeds shall will be paid to Lender and disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i6.3(c) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $250,000.00 or the costs of completing the Restoration are is equal to or greater than $250,000.00, the Availability Threshold, Net Proceeds shall be paid to Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.46.3. The term “Net Proceeds” for purposes of this Section 6.4 means6.3 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ix) and (x) Article VI as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $50,000 and the costs of completing the Restoration shall be less than the Availability Threshold$50,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $50,000 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$50,000, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.48.4. The term “Net Proceeds” for purposes of this Section 6.4 means8.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i8.1(a)(i), (iv), (ixvi) and (xviii) as a result of such damage or destructiona Casualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Insurance Proceeds”), or (ii) the net amount of the AwardAward as a result of a Condemnation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $250,000.00 and the costs of completing the Restoration shall be less than the Availability Threshold$250,000.00, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $250,000.00 or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, $250,000.00 Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than than, with respect to the Availability Threshold affected Property, one percent (1%) of the Allocated Loan Amount for such Property, and the costs provided no Event of completing the Restoration shall be less than the Availability ThresholdDefault is continuing, the Net Proceeds shall will be disbursed by Lender to Borrower Borrowers upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers Borrowers deliver to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than than, with respect to the Availability Threshold or affected Property, one percent (1%) of the costs of completing Allocated Loan Amount for such Property, the Restoration are equal to or greater than the Availability Threshold, Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i5.1.1(a)(i), (iii), (iv), and (ixvi) and (xSection 5.1.1(h) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold Two Million and No/100 Dollars ($2,000,000) and the costs of completing the Restoration shall be less than the Availability ThresholdTwo Million and No/100 Dollars ($2,000,000), the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold Two Million and No/100 Dollars ($2,000,000) or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, Two Million and No/100 Dollars ($2,000,000) Lender shall make the Net Proceeds available for the Restoration in accordance with provided that each of the provisions conditions of this Section 6.46.4(b)(i) are satisfied. The term “"Net Proceeds” " for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (ixvi) and (xix) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“"Insurance Proceeds”"), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“"Condemnation Proceeds”"), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If The Net Proceeds shall be delivered by Lender to Borrower upon receipt if (x) the Net Proceeds shall be less than the Availability Threshold $2,500,000 and the costs of completing the Restoration shall be less than the Availability Threshold, the Net Proceeds shall be disbursed by Lender to Borrower upon receipt$2,500,000, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement, or (y) the applicable Individual Property is released in accordance with Section 2.5.2 above or Borrower effectuates a Property Substitution with respect to the applicable Individual Property. (b) If the conditions for delivery of the Net Proceeds are equal to or greater than Borrower set forth in Section 6.4(a) above have not been satisfied, the Availability Threshold or the costs of completing the Restoration are equal to or greater than the Availability Threshold, Net Proceeds will be held by Xxxxxx and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (vi), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable and documented costs and expenses (including including, but not limited to, reasonable and documented counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable and documented costs and expenses (including including, but not limited to, reasonable and documented counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than the Availability Threshold $15,000,000 and the costs of completing the Restoration shall be less than the Availability Threshold$15,000,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $15,000,000 or the costs cost of completing the Restoration are is equal to or greater than $15,000,000, the Availability Threshold, Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ixvii), (x) and (xxi) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $200,000.00 and the costs of completing the Restoration shall be less than the Availability Threshold$200,000.00, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $200,000.00 or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, $200,000.00 Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Alteration Threshold for such Individual Property and the costs of completing the Restoration shall be less than the Availability ThresholdAlteration Threshold for such Individual Property, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Alteration Threshold for such Individual Property or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, Alteration Threshold for such Individual Property Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ixvi), (vii) and (xviii) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the an Individual Property: (a) If the Net Proceeds shall be less than the Availability Threshold $50,000 and the costs of completing the Restoration shall be less than the Availability Threshold$50,000, the Net Proceeds shall will be disbursed by Lender to the related Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.4(b)(i) hereof are met and the related Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $50,000 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$50,000, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.48.4. The term “Net Proceeds” for purposes of this Section 6.4 means8.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i8.1(a)(i), (iv), (ixvi) and (xviii) as a result of such damage or destructiona Casualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Insurance Proceeds”), or (ii) the net amount of the AwardAward as a result of a Condemnation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Threshold Five Hundred Thousand and No/100 Dollars ($500,000) and the costs of completing the Restoration shall be less than the Availability ThresholdFive Hundred Thousand and No/100 Dollars ($500,000), the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold Five Hundred Thousand and No/100 Dollars ($500,000) or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, Five Hundred Thousand and No/lOO Dollars ($500,000) Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “"Net Proceeds” " for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (ixvi) and (xix) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“"Insurance Proceeds”"), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“"Condemnation Proceeds”"), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Material Event Threshold and the costs of completing the Restoration shall be less than the Availability Material Event Threshold, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, ; provided that all no Event of the conditions set forth in Section 6.4(b)(i) hereof are met Default is then continuing and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Material Event Threshold or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, Material Event Threshold Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than the Availability Threshold One Million and No/100 Dollars ($1,000,000.00) and the costs of completing the Restoration shall be less than the Availability ThresholdOne Million and No/100 Dollars ($1,000,000.00), the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold One Million and No/100 Dollars ($1,000,000.00), or the costs of completing the Restoration are is equal to or greater than One Million and No/100 Dollars ($1,000,000.00), the Availability Threshold, Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (vi), (ix) and (x) as a result of such damage or destruction, after deduction of its Lender’s reasonable costs and expenses (including including, but not limited to, reasonable counsel costs and fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its Lender’s reasonable costs and expenses (including including, but not limited to, reasonable counsel costs and fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than $750,000.00 (the Availability “Threshold Amount”), and the costs of completing the Restoration shall be less than the Availability ThresholdThreshold Amount, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold Amount or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, Threshold Amount Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ixvi), (vii) and (xviii) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold Three Hundred Thousand and No/100 Dollars ($300,000) and the costs of completing the Restoration shall be less than the Availability ThresholdThree Hundred Thousand and No/100 Dollars ($300,000), the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.3(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold Three Hundred Thousand and No/100 Dollars ($300,000) or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, Three Hundred Thousand and No/100 Dollars ($300,000) Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.3. The term “"Net Proceeds” " for purposes of this Section 6.4 means5.3 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i5.1 (a)(i), (iv), (ixvi) and (xvii) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“"Insurance Proceeds”"), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“"Condemnation Proceeds”"), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than than, with respect to the Availability Threshold affected Property, two percent (2%) of the Allocated Loan Amount for such Property, and the costs provided no Event of completing the Restoration shall be less than the Availability ThresholdDefault is continuing, the Net Proceeds shall will be disbursed by Lender Agent to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers to Lender Agent a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than than, with respect to the Availability Threshold or affected Property, two percent (2%) of the costs of completing Allocated Loan Amount for such Property, the Restoration are equal to or greater than the Availability Threshold, Lender Net Proceeds will be held by Agent and Agent shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender Agent pursuant to Section 6.1(a)(i5.1.1​(a)(i), (iii), (iv), and (ixvi) and (xSection 5.1.1(h) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $2,500,000.00 and the costs of completing the Restoration shall be less than the Availability Threshold$2,500,000.00, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $2,500,000.00 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$2,500,000.00, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.48.4. The term “Net Proceeds” "NET PROCEEDS" for purposes of this Section 6.4 means8.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i8.1(a)(i), (iv), (ixvi) and (xviii) as a result of such damage or destructiona Casualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Insurance Proceeds”"INSURANCE PROCEEDS"), or (ii) the net amount of the AwardAward as a result of a Condemnation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Condemnation Proceeds”"CONDEMNATION PROCEEDS"), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Threshold Amount and the costs of completing the Restoration shall be less than the Availability ThresholdThreshold Amount, the Net Proceeds shall (i) if the same are paid by the insurance company directly to Borrower, may be retained by Borrower or (ii) if the same are paid by the insurance company to Lender, will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold Amount or the costs of completing the Restoration are is equal to or greater than the Availability ThresholdThreshold Amount, the Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ixSection 6.1(a)(ix) and (xSection 6.1(a)(xi) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Relevant Restoration Threshold and the costs of completing the Restoration shall be less than the Availability Relevant Restoration Threshold, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof below are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Relevant Restoration Threshold or the costs of completing the Restoration are is equal to or greater than the Availability Relevant Restoration Threshold, then in either case Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.46.4(b). The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (ix) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (iiy) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold One Hundred Thousand and 00/100 Dollars ($100,000.00) and the costs of completing the Restoration shall be less than the Availability ThresholdOne Hundred Thousand and 00/100 Dollars ($100,000.00), the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold One Hundred Thousand and 00/100 Dollars ($100,000.00) or the costs of completing the Restoration are equal to or greater than the Availability Threshold, One Hundred Thousand and 00/100 Dollars ($100,000.00) Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “"Net Proceeds” " for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“"Insurance Proceeds”"), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“"Condemnation Proceeds”"), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold One Million and 00/100 Dollars ($1,000,000.00) and the costs of completing the Restoration shall be less than the Availability ThresholdOne Million and 00/100 Dollars ($1,000,000.00), the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold One Million and 00/100 Dollars ($1,000,000.00) or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, One Million and 00/100 Dollars ($1,000,000.00) Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration Restoration, subject to the requirements of the Property:Condominium Documents (but subject to the rights of Lender under the Condominium Documents and the Condominium Proxy): (a) If the Net Proceeds shall be $5,000,000 or less than the Availability Threshold and the costs provided no Event of completing the Restoration shall be less than the Availability ThresholdDefault is continuing, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than $5,000,000, the Availability Threshold or the costs of completing the Restoration are equal to or greater than the Availability Threshold, Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i5.1.1 (a)(i), (iv), (vi), (ix) and (xxi) as a result of such damage or destructiona Casualty, after deduction of its Lender’s reasonable out-of-pocket costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its Lender’s reasonable out-of-pocket costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $5,000,000 and the costs of completing the Restoration shall be less than the Availability Threshold$5,000,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $5,000,000 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$5,000,000, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.48.4. The term “Net Proceeds” for purposes of this Section 6.4 means8.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i8.1(a)(i), (iv), (ixvi) and (xviii) as a result of such damage or destructiona Casualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Insurance Proceeds”), or (ii) the net amount of the AwardAward as a result of a Condemnation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability greater of (i) five percent (5%) of the Allocated Loan Amount of such Individual Property and (ii) $2,000,000.00 (the “Threshold Amount”), and the costs of completing the Restoration shall be less than the Availability ThresholdThreshold Amount, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold Amount or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, Threshold Amount Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ixvi), (vii) and (xviii) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $50,000 and the costs of completing the Restoration shall be less than the Availability Threshold$50,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $50,000 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$50,000, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.48.4. The term “Net Proceeds” for purposes of this Section 6.4 means8.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i8.1(a)(i), (iv), (ixvi) and (xviii) as a result of such damage or destructiona Casualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Insurance Proceeds”), or (ii) the net amount of the AwardAward as a result of an Expropriation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Condemnation Expropriation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Threshold Five Hundred Thousand and No/100 Dollars ($500,000) and the costs of completing the Restoration shall be less than the Availability ThresholdFive Hundred Thousand and No/100 Dollars ($500,000), the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold Five Hundred Thousand and No/100 Dollars ($500,000) or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, Five Hundred Thousand and No/100 Dollars ($500,000) Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(iSections 6.1 (a)(i), (iv), (vi), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $1,000,000.00 and the costs of completing the Restoration shall be less than the Availability Threshold$1,000,000.00, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.04(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with commercially reasonable due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $1,000,000.00 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$1,000,000.00, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.48.04. The term “Net Proceeds” for purposes of this Section 6.4 means8.04 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(iSections 8.01(a)(i), (iv), (ixvi) and (xvii) as a result of such damage or destructiona Casualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Insurance Proceeds”), or (ii) the net amount of the AwardAward as a result of a Condemnation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold Ten Million and No/100 Dollars ($10,000,000) and the costs of completing the Restoration shall be less than the Availability ThresholdTen Million and No/100 Dollars ($10,000,000), the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof (other than in subclauses (E), (F), (J) and (K) thereof) are met (or will, by completion of the Restoration, be satisfied) and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold Ten Million and No/100 Dollars ($10,000,000) or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, Ten Million and No/100 Dollars ($10,000,000) Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (vi), (ix), (x) and (xxi) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold and the costs of completing the Restoration shall be less than the Availability Threshold, the Net Proceeds shall be disbursed by Lender to Borrower upon receipt, provided that all of and Borrower shall apply the conditions Net Proceeds to restore the Property, without the restrictions, conditions, or requirements set forth in Section 6.4(b)(iSections 6.4(b) hereof are met and Borrower delivers shall reasonably cooperate with Lender and its representatives to provide Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence verification that the Restoration in accordance with the terms of this Agreementhas been completed. (b) If the Net Proceeds are equal to or greater than the Availability Threshold or the costs of completing the Restoration are equal to or greater than the Availability Threshold, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.46.4(b). The term “Net Proceeds” for purposes of this Section 6.4 means: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ix) and (x6.1(a) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the any Property: (a) If the Net Proceeds shall be less than the Availability Threshold $100,000.00 and the costs of completing the Restoration shall be less than the Availability Threshold$100,000.00, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $100,000.00 or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, $100,000.00 Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (ii), (iii)(B), (iv), (ix) and and, if applicable, (xxi) as a result of such damage or destruction, after deduction of its the reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its the reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.. 71

Restoration. The following provisions shall apply in connection with the Restoration of the Propertyany Restoration: (a) If the Net Proceeds shall be less than the Availability Casualty Threshold and the costs of completing the Restoration shall be less than the Availability Casualty Threshold, the Net Proceeds shall will be disbursed by Lender Agent to Borrower upon receipt, ; provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender Agent a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold Casualty Threshold, but less than twenty percent (20%) of the original principal balance of the Loan or the costs of completing the Restoration are is equal to or greater than the Availability Casualty Threshold, Lender but less than twenty percent (20%) of the original principal balance of the Loan, the Net Proceeds will be held by Agent and Agent shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender Agent pursuant to Section 6.1(a)(i), (iv), (vi), (ix), (x) and (xxi) as a result of such damage or destruction, after deduction of its Agent’s reasonable costs and expenses (including including, but not limited to, reasonable counsel costs and fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its Agent’s reasonable costs and expenses (including including, but not limited to, reasonable counsel costs and fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Restoration Threshold and the costs of completing the Restoration shall be less than the Availability Restoration Threshold, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Restoration Threshold or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, Restoration Threshold Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the . Restoration of the any Individual Property: (a) 5.3.1 If the Net Proceeds for such Individual Property shall be less than the Availability Threshold One Hundred Thousand and No/100 Dollars ($100,000) and the costs of completing the Restoration for such Individual Property shall be less than the Availability ThresholdOne Hundred Thousand and No/100 Dollars ($100,000), the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.3(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) 5.3.2 If the Net Proceeds for such Individual Property are equal to or greater than the Availability Threshold One Hundred Thousand and No/100 Dollars ($100,000) or the costs of completing the Restoration are for such Individual Property is equal to or greater than the Availability Threshold, One Hundred Thousand and No/100 Dollars ($100,000) Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.3. The term “"Net Proceeds” " for purposes of this Section 6.4 means5.3 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i5.1 (a)(i), (iv), (ixvi) and (xvii) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“"Insurance Proceeds”"), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“"Condemnation Proceeds”"), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Relevant Restoration Threshold and the costs of completing the Restoration shall be less than the Availability Relevant Restoration Threshold, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Relevant Restoration Threshold or the costs of completing the Restoration are is equal to or greater than the Availability Relevant Restoration Threshold, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i1) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii2) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Propertyany Insured Asset: (a) If the Net Proceeds shall be less than the Availability Threshold $100,000 and the costs of completing the Restoration shall be less than the Availability Threshold$100,000, the Net Proceeds shall will be disbursed by Lender to Borrower or Property Guarantor upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $100,000 or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, $100,000 Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ixvi), (vii), (viii) and (x) as a result of such damage or destruction, after deduction of its the reasonable out-of-pocket costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable out-of-pocket costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a1) If the Net Proceeds shall be less than the Availability Threshold Funds Release Limit, and the costs of completing the Restoration shall be less than the Availability ThresholdFunds Release Limit, the such Net Proceeds shall will be disbursed by Lender the Administrative Agent to the applicable Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i3.3(2)(i) hereof are met and such Borrower delivers to Lender the Administrative Agent a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b2) If the Net Proceeds are equal to or greater than the Availability Threshold Funds Release Limit or the costs cost of completing the Restoration are is equal to or greater than the Availability ThresholdFunds Release Limit, Lender the Administrative Agent shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.43.3. The term “Net Proceeds” for purposes of this Section 6.4 means3.3 shall mean: (ia) the net amount of all insurance proceeds received by Lender the Administrative Agent pursuant to Section 6.1(a)(i3.1 (1)(a), (iv), (ixd) and (xf) as a result of such damage or destruction, after deduction of its reasonable out-of-pocket costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (iib) the net amount of the Award, after deduction of its reasonable out-of-pocket costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $250,000 and the costs of completing the Restoration shall be less than the Availability Threshold$250,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with commercially reasonable due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $250,000 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$250,000, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.48.4. The term “Net Proceeds” for purposes of this Section 6.4 means8.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i8.1 (a)(i), (iv), (ixvi) and (xvii) as a result of such damage or destructiona Casualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Insurance Proceeds”), or (ii) the net amount of the AwardAward as a result of a Condemnation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Restoration Threshold and the costs of completing the Restoration shall be less than the Availability Restoration Threshold, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Restoration Threshold or the costs of completing the Restoration are is equal to or greater than the Availability Restoration Threshold, the Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (vi), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $100,000.00 and the costs of completing the Restoration shall be less than the Availability Threshold$100,000.00, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $100,000.00 or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, $100,000.00 Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than than, with respect to the Availability Threshold affected Property, two percent (2%) of the Allocated Loan Amount for such Property, and the costs provided no Event of completing the Restoration shall be less than the Availability ThresholdDefault is continuing, the Net Proceeds shall will be disbursed by Lender to Borrower Borrowers upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers Borrowers and Operating Lessees deliver to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than than, with respect to the Availability Threshold or affected Property, two percent (2%) of the costs of completing Allocated Loan Amount for such Property, the Restoration are equal to or greater than the Availability Threshold, Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i5.1.1 (a)(i), (iv), and (ixvi) and (xSection 5.1.1(h) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Relevant Restoration Threshold and the costs of completing the Restoration shall be less than the Availability Relevant Restoration Threshold, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in clauses (A), (E), (F), (G), (H), (J) and (L) of Section 6.4(b)(i) hereof below are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Relevant Restoration Threshold or the costs of completing the Restoration are is equal to or greater than the Availability Relevant Restoration Threshold, then in either case, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.46.4(b). The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (ix) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (ixvi) and (xviii) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (iiy) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold Five Hundred Thousand and No/100 Dollars ($500,000.00) and the costs of completing the Restoration shall be less than the Availability ThresholdFive Hundred Thousand and No/100 Dollars ($500,000.00), then the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold Five Hundred Thousand and No/100 Dollars ($500,000.00) or the costs of completing the Restoration are is equal to or greater than the Availability ThresholdFive Hundred Thousand and No/100 Dollars ($500,000.00), then Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “"Net Proceeds” for purposes of this Section 6.4 means" shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (vi), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“"Insurance Proceeds”"), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“"Condemnation Proceeds”"), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than the Availability Threshold One Million and the costs No/100 Dollars ($1,000,000) and provided no Event of completing the Restoration shall be less than the Availability ThresholdDefault is continuing, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than One Million and No/100 Dollars ($1,000,000), the Availability Threshold Net Proceeds will be held by Lender (either in its capacity as Lender or as Insurance Trustee under the costs of completing the Restoration are equal to or greater than the Availability Threshold, Condominium Declaration) and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i5.1.1 (a)(i), (iii) (iv), and (ixvi) and (xSection 5.1.1(h) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Restoration Threshold and the costs of completing the Restoration shall be less than the Availability Restoration Threshold, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Restoration Threshold or the costs of completing the Restoration are is equal to or greater than the Availability Restoration Threshold, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ixvi), (vii), (viii) and (xix) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than the Availability Threshold Two Hundred Fifty Thousand and the costs No/100 Dollars ($250,000) and provided no Event of completing the Restoration shall be less than the Availability ThresholdDefault is continuing, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than Two Hundred Fifty Thousand and No/100 Dollars ($250,000), the Availability Threshold or the costs of completing the Restoration are equal to or greater than the Availability Threshold, Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i5.1.1(a)(i), (iii), (iv), (ix) and (xvi) and Section 5.1.1(h) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than than, with respect to the Availability Threshold affected Property, two percent (2%) of the Allocated Loan Amount for such Property, and the costs provided no Event of completing the Restoration shall be less than the Availability ThresholdDefault is continuing, the Net Proceeds shall will be disbursed by Lender Agent to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers to Lender Agent a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than than, with respect to the Availability Threshold or affected Property, two percent (2%) of the costs of completing Allocated Loan Amount for such Property, the Restoration are equal to or greater than the Availability Threshold, Lender Net Proceeds will be held by Agent and Agent shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender Agent pursuant to Section 6.1(a)(i5.1.1 (a)(i), (iii), (iv), and (ixvi) and (xSection 5.1.1(h) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold One Million and 00/100 Dollars ($1,000,000.00) and the costs of completing the Restoration shall be less than the Availability ThresholdOne Million and 00/100 Dollars ($1,000,000.00), the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold One Million and 00/100 Dollars ($1,000,000.00) or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, One Million and 00/100 Dollars ($1,000,000.00) Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ixvi), (vii), (viii) and (xix) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Applicable Threshold Amount and the costs of completing the Restoration shall be less than the Availability ThresholdApplicable Threshold Amount, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Applicable Threshold Amount or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, Applicable Threshold Amount Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (iy) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, actually incurred in collecting same (“Insurance Proceeds”), or (iiz) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, actually incurred in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the each individual Property: (a) If the Net Proceeds shall be less than the Availability Threshold $150,000 and the costs of completing the Restoration shall be less than the Availability Threshold$150,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this AgreementAgreement to the extent obligated under the applicable Lease. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $150,000 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$150,000, Lender shall make the Net Proceeds available for the Restoration subject to the conditions of and in accordance with the provisions of this Section 6.48.4. The term “Net Proceeds” for purposes of this Section 6.4 means8.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i8.1(a)(i), (iv), (ixvi) and (xviii) as a result of such damage or destructiona Casualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Insurance Proceeds”), or (ii) the net amount of the AwardAward as a result of a Condemnation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $2,200,000.00 and the costs of completing the Restoration shall be less than the Availability Threshold$2,200,000.00, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $2,200,000.00 or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, $2,200,000.00 Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds (defined below) shall be less than the Availability Threshold $75,000 and the costs of completing the Restoration shall be less than the Availability Threshold$75,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(iSubsection (b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this AgreementSecurity Instrument. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $75,000 or the costs of completing the Restoration are is equal to or greater than the Availability Threshold$75,000, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4Subsection 4.4(b). The term “"Net Proceeds” " for purposes purpose of this Section 6.4 means4.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(iSubsections (a)(i), (iv), (ixvi) and (xvii) of this Security Instrument as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“the "Insurance Proceeds”"), or (ii) the net amount of the Awardall awards and payments received by Lender with respect to a taking referenced in Section 3.6 of this Security Instrument, after deduction of its reasonable costs and expenses (including including, but not limited to reasonable counsel fees), if any, in collecting the same (“"Condemnation Proceeds”"), whichever the case may be, available for the Restoration in accordance with the provisions of this Subsection (b).

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than the Availability Threshold $2,500,000 and the costs of completing the Restoration shall be less than the Availability Threshold$2,500,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $2,500,000 or the costs cost of completing the Restoration are is equal to or greater than $2,500,000, the Availability Threshold, Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (vi), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If (i) the Net Proceeds shall be less than the Availability Threshold and the costs cost of completing the Restoration shall each be less than the Availability ThresholdCasualty Threshold and (ii) no Event of Default has occurred and is continuing, the Net Proceeds shall be disbursed retained by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously shall promptly commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold or the costs cost of completing the Restoration are equal to or greater than the Availability Casualty Threshold, the Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i5.1.1 (a)(i), (iv), (ix) and (xvi) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a1) If the Net Proceeds shall be less than the Availability Threshold Funds Release Limit, and the costs of completing the Restoration shall be less than the Availability ThresholdFunds Release Limit, the such Net Proceeds shall will be disbursed by Lender the Administrative Agent to the applicable Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i3.3(2)(i) hereof are met and such Borrower delivers to Lender the Administrative Agent a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b2) If the Net Proceeds are equal to or greater than the Availability Threshold Funds Release Limit or the costs cost of completing the Restoration are is equal to or greater than the Availability ThresholdFunds Release Limit, Lender the Administrative Agent shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.43.3. The term “Net Proceeds” for purposes of this Section 6.4 means3.3 shall mean: (ia) the net amount of all insurance proceeds received by Lender the Administrative Agent pursuant to Section 6.1(a)(i3.1 (l)(a), (iv), (ixd) and (xf) as a result of such damage or destruction, after deduction of its reasonable out-of-pocket costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (iib) the net amount of the Award, after deduction of its reasonable out-of-pocket costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than the Availability Threshold $250,000 and the costs of completing the Restoration shall be less than the Availability Threshold$250,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $250,000 or the costs of completing the Restoration are is equal to or greater than $250,000, the Availability Threshold, Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (vi), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the an Individual Property: (a) If the Net Proceeds shall be less than the Availability Threshold $50,000 and the costs of completing the Restoration shall be less than the Availability Threshold$50,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $50,000 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$50,000, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.48.4. The term “Net Proceeds” for purposes of this Section 6.4 means8.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i8.1 (a)(i), (iv), (ixvi) and (xviii) as a result of such damage or destructiona Casualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Insurance Proceeds”), or (ii) the net amount of the AwardAward as a result of a Condemnation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than the Availability Restoration Threshold and the costs of completing the Restoration shall be less than the Availability Restoration Threshold, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Restoration Threshold or the costs of completing the Restoration are is equal to or greater than the Availability Restoration Threshold, the Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “"Net Proceeds” " for purposes of this Section 6.4 means5.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i5.1.l(a)(i), (iv), (ix) and (xvi) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“"Insurance Proceeds”"), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“"Condemnation Proceeds”"), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Threshold Five Hundred Thousand and No/100 Dollars ($500,000) and the costs of completing the Restoration shall be less than the Availability ThresholdFive Hundred Thousand and No/100 Dollars ($500,000), the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold Five Hundred Thousand and No/100 Dollars ($500,000) or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, Five Hundred Thousand and No/100 Dollars ($500,000) Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “"Net Proceeds” " for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (ixvi) and (xix) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“"Insurance Proceeds”"), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“"Condemnation Proceeds”"), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Threshold Five Hundred Thousand and No/100 Dollars ($500,000) and the costs of completing the Restoration shall be less than the Availability ThresholdFive Hundred Thousand and No/100 Dollars ($500,000), the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i7.1.3(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold Five Hundred Thousand and No/100 Dollars ($500,000) or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, Five Hundred Thousand and No/100 Dollars ($500,000) Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.47.1.3. The term “"Net Proceeds” " for purposes of this Section 6.4 means7.1.3 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i7.1.1 (a)(i), (iv), (ixvi) and (xvii) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“"Insurance Proceeds”"), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“"Condemnation Proceeds”"), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Threshold One Hundred Thousand and No/100 Dollars ($100,000) and the costs of completing the Restoration shall be less than the Availability ThresholdOne Hundred Thousand and No/100 Dollars ($100,000), the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence diligence, or cause the applicable Master Tenant to expeditiously commence and to satisfactorily complete with due diligence, the Restoration in accordance with the terms of this AgreementAgreement and the Master Lease. (b) If the Net Proceeds are equal to or greater than the Availability Threshold One Hundred Thousand and No/100 Dollars ($100,000) or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, One Hundred Thousand and No/100 Dollars ($100,000) Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” "NET PROCEEDS" for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iviii), (ixiv) and (xix) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”"INSURANCE PROCEEDS"), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”"CONDEMNATION PROCEEDS"), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds (defined below) shall be less than the Availability Threshold $100,000.00 and the costs of completing the Restoration shall be less than the Availability Threshold$100,000.00, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i3.7(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this AgreementSecurity Instrument. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $100,000.00 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$100,000.00, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.43.7(b). The term “Net Proceeds” for the purposes of this Section 6.4 meansshall mean: (i1) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i3.3(a)(i), (iv), (vi), (vii), and, as applicable, (ix) and (x) of this Security Instrument as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel legal fees), if any, in collecting same (“Insurance Proceeds”), ) or (ii2) the net amount of the AwardAward received by Lender, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel legal fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be. (i) The Net Proceeds shall be made available to Borrower for the Restoration provided that each of the following conditions is met: (A) no Event of Default shall have occurred and be continuing under the Note, the Credit Agreement, this Security Instrument or any of the Other Security Documents; (B) (1) in the event the Net Proceeds are Insurance Proceeds, less than twenty percent (20%) of the total floor area of the Improvements has been damaged, destroyed or rendered unusable as a result of such fire or other casualty or (2) in the event the Net Proceeds are Condemnation Proceeds, less than twenty - percent (20%) of the land constituting the Property has been taken, such land is located along the perimeter or periphery of the Property, no portion of the Improvements is located on such land and such taking does not materially impair the existing access to the Property; (C) Intentionally Deleted; (D) Borrower shall commence the Restoration as soon as reasonably practicable (but in no event later than thirty (30) days after such damage, destruction or taking occurs) and shall diligently pursue the same to satisfactory completion; (E) Lender shall be satisfied that any operating deficits which will be incurred with respect to the Property as a result of the occurrence of any such fire or other casualty or taking will be covered out of (1) the Net Proceeds, or (2) other funds of Borrower; (F) Intentionally Omitted; (G) Lender shall be satisfied that the Restoration will be completed on or before the earliest to occur of (1) twelve (12) months prior to the Loan Maturity Date (as defined in the Note), (2) twelve (12) months after the occurrence of such fire or other casualty or taking, or (3) such time as may be required under applicable zoning law, ordinance, rule or regulation in order to repair and restore the Property to the condition it was in immediately prior to such fire or other casualty or taking; (H) Borrower shall execute and deliver to Lender a completion guaranty in form and substance satisfactory to Lender and its counsel pursuant to the provisions of which Borrower shall guaranty to Lender the lien-free completion by Borrower of the Restoration in accordance with the provisions of this Section 3.7(b); (I) the Property and the use thereof after the Restoration will be in compliance with and permitted under all applicable zoning laws, ordinances, rules and regulations; and (J) the Restoration shall be done and completed by Borrower in an expeditious and diligent fashion and in compliance with all applicable governmental laws, rules and regulations (including, without limitation, all applicable Environmental Laws (defined below). (ii) The Net Proceeds shall be held by Lender in an interest bearing trust account and, until disbursed in accordance with the provisions of this Section 3.7(b), shall constitute additional security for the Obligations. The Net Proceeds shall be disbursed by Lender to, or as directed by, Borrower from time to time during the course of the Restoration, upon receipt of evidence satisfactory to Lender that (A) all materials installed and work and labor performed (except to the extent that they are to be paid for out of the requested disbursement) in connection with the Restoration have been paid for in full, and (B) there exist no notices of pendency, stop orders, mechanics or materialman’s liens or notices of intention to file same, or any other liens or encumbrances of any nature whatsoever on the Property arising out of the Restoration which have not either been fully bonded to the satisfaction of Lender and discharged of record or in the alternative fully insured to the satisfaction of Lender by the title company insuring the lien of this Security Instrument. (iii) All plans and specifications required in connection with the Restoration shall be subject to prior review and acceptance in all respects by Lender and by an independent consulting engineer selected by Lender (the “Restoration Consultant”). Lender shall have the use of the plans and specifications and all permits, licenses and approvals required or obtained in connection with the Restoration. The identity of the contractors, subcontractors and materialmen engaged in the Restoration, as well as the contracts under which they have been engaged, shall be subject to prior review and acceptance by Lender and the Restoration Consultant. All costs and expenses incurred by Lender in connection with making the Net Proceeds available for the Restoration including, without limitation, reasonable legal fees and disbursements and the Restoration Consultant’s fees, shall be paid by Borrower. (iv) In no event shall Lender be obligated to make disbursements of the Net Proceeds in excess of an amount equal to the costs actually incurred from time to time for work in place as part of the Restoration, as certified by the Restoration Consultant, minus the Restoration Retainage. The term “Restoration Retainage” as used in this Section 3.7(b) shall mean an amount equal to 10% of the costs actually incurred for work in place as part of the Restoration, as certified by the Restoration Consultant. The Restoration Retainage shall in no event be less than the amount actually held back by Borrower from contractors, subcontractors and materialmen engaged in the Restoration. The Restoration Retainage shall not be released until the Restoration Consultant certifies to Lender that the Restoration has been completed in accordance with the provisions of this Section 3.7(b) and that all approvals necessary for the re-occupancy and use of the Property have been obtained from all appropriate governmental and quasi-governmental authorities, and Lender receives evidence satisfactory to Lender that the costs of the Restoration have been paid in full or will be paid in full out of the Restoration Retainage, provided, however, that Lender will release the portion of the Restoration Retainage being held with respect to any contractor, subcontractor or materialman engaged in the Restoration as of the date upon which the Restoration Consultant certifies to Lender that the contractor, subcontractor or materialman has satisfactorily completed all work and has supplied all materials in accordance with the provisions of the contractor’s, subcontractor’s or materialman’s contract, and the contractor, subcontractor or materialman delivers the lien waivers and evidence of payment in full of all sums due to the contractor, subcontractor or materialman as may be reasonably requested by Lender or by the title company insuring the lien of this Security Instrument. If required by Lender, the release of any such portion of the Restoration Retainage shall be approved by the surety company, if any, which has issued a payment or performance bond with respect to the contractor, subcontractor or materialman.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold Amount and the costs of completing the Restoration shall be less than the Availability ThresholdThreshold Amount, the Net Proceeds shall (i) if the same are paid by the insurance company directly to Borrower, may be retained by Borrower or (ii) if the same are paid by the insurance company to Lender, will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold Amount or the costs of completing the Restoration are is equal to or greater than the Availability ThresholdThreshold Amount, the Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ixSection 6.1(a)(ix) and (xSection 6.1(a)(xi) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than the Availability Net Proceeds Threshold Amount and the costs of completing the Restoration shall be less than the Availability ThresholdNet Proceeds Threshold Amount, the Net Proceeds shall be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Net Proceeds Threshold Amount or the costs of completing the Restoration are is equal to or greater than the Availability ThresholdNet Proceeds Threshold Amount, the Net Proceeds shall be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (vi), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its Lender’s reasonable costs and expenses (including reasonable counsel costs and fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $500,000.00 and the costs of completing the Restoration shall be less than $500,000.00, or if Borrower is required to restore the Availability ThresholdProperty pursuant to the terms of the FedEx Lease, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i6.4(b)(i)(A), (D), (G), (H) and (I) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $500,000.00 or the costs of completing the Restoration are is equal to or greater than $500,000.00, or if Borrower is required to restore the Availability ThresholdProperty pursuant to the terms of the FedEx Lease, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $300,000 and the costs of completing the Restoration shall be less than the Availability Threshold$300,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $300,000 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$300,000, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.48.4. The term “Net Proceeds” for purposes of this Section 6.4 means8.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i8.1(a)(i), (iv), (ixvi) and (xviii) as a result of such damage or destructiona Casualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Insurance Proceeds”), or (ii) the net amount of the AwardAward as a result of a Condemnation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than five percent (5%) of the Availability Threshold Allocated Loan Amount for the affected Individual Property, and the costs provided no Event of completing the Restoration shall be less than the Availability ThresholdDefault is continuing, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than five percent (5%) of the Availability Threshold or Allocated Loan Amount for the costs of completing affected Individual Property, the Restoration are equal to or greater than the Availability Threshold, Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i5.1.1(a)(i), (iii), (iv), (ix) and (xvi) and Section 5.1.1(h) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than the Availability Threshold Two Hundred Fifty Thousand and the costs No/100 Dollars ($250,000) and provided no Event of completing the Restoration shall be less than the Availability ThresholdDefault is continuing, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than Two Hundred Fifty Thousand and No/100 Dollars ($250,000), the Availability Threshold or the costs of completing the Restoration are equal to or greater than the Availability Threshold, Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “"Net Proceeds” for purposes of this Section 6.4 means" shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i5.1.l (a)(i), (iv), and (ixvi) and Section 5.1.l (xh) as a result of such damage or destruction, after deduction of its reasonable out-of-pocket costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“"Insurance Proceeds”"), or (ii) the net amount of the Award, after deduction of its reasonable out-of-pocket costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“"Condemnation Proceeds”Proceeds "), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold One Million and No/100 Dollars ($1,000,000.00) and the costs of completing the Restoration shall be less than the Availability ThresholdOne Million and No/100 Dollars ($1,000,000.00), the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold One Million and No/100 Dollars ($1,000,000.00) or the costs of completing the Restoration are is equal to or greater than One Million and No/100 Dollars ($1,000,000.00), the Availability Threshold, Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (vi), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than the Availability Restoration Threshold and the costs of completing the Restoration shall be less than the Availability Restoration Threshold, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Restoration Threshold or the costs of completing the Restoration are is equal to or greater than the Availability Restoration Threshold, the Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “Net Proceeds” for purposes of this Section 6.4 means5.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i5.1.1(a)(i), (iv), and (ixvi) and (xSection 5.1.1(h) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $250,000 and the costs of completing the Restoration shall be less than the Availability Threshold$250,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $250,000 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$250,000, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.48.4. The term “Net Proceeds” "NET PROCEEDS" for purposes of this Section 6.4 means8.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i8.1 (a)(i), (iv), (ixvi) and (xviii) as a result of such damage or destructiona Casualty, after deduction of its reasonable out-of-pocket costs and expenses (including including, but not limited to, reasonable outside counsel fees), if any, in collecting the same (“Insurance Proceeds”"INSURANCE PROCEEDS"), or (ii) the net amount of the AwardAward as a result of a Condemnation, after deduction of its reasonable out-of-pocket costs and expenses (including including, but not limited to, reasonable outside counsel fees), if any, in collecting the same (“Condemnation Proceeds”"CONDEMNATION PROCEEDS"), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $1,000,000 and the costs of completing the Restoration shall be less than the Availability Threshold$1,000,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $1,000,000 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$1,000,000, Lender shall make the Net Proceeds available for the Restoration subject to the conditions of and in accordance with the provisions of this Section 6.48.4. The term “Net Proceeds” for purposes of this Section 6.4 means8.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i8.1(a)(i), (iv), (ixvi) and (xviii) as a result of such damage or destructiona Casualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Insurance Proceeds”), or (ii) the net amount of the AwardAward as a result of a Condemnation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property:. (a) If the Net Proceeds shall be less than the Availability Restoration Threshold Amount and the costs of completing the Restoration shall be less than the Availability ThresholdRestoration Threshold Amount, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this AgreementBorrower. (b) If the Net Proceeds are equal to or greater than the Availability Restoration Threshold Amount or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, Restoration Threshold Amount Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ix) and (xvi) as a result of such damage or destructionCasualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the AwardAward as a result of Condemnation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Threshold Five Hundred Thousand and No/100 Dollars ($500,000) and the costs of completing the Restoration shall be less than the Availability ThresholdFive Hundred Thousand and No/100 Dollars ($500,000), the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold Five Hundred Thousand and No/100 Dollars ($500,000) or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, Five Hundred Thousand and No/100 Dollars ($500,000) Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “"Net Proceeds” for purposes of this Section 6.4 means" shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(iSections 6.1 (a)(i), (iv), (vi), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“"Insurance Proceeds”"), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“"Condemnation Proceeds”"), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Propertyany Restoration: (a) If the Net Proceeds shall be less than the Availability Threshold Five Hundred Thousand and No/100 Dollars ($500,000.00) and the costs of completing the Restoration shall be less than the Availability ThresholdFive Hundred Thousand and No/100 Dollars ($500,000.00), the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met or waived and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than Five Hundred Thousand and No/100 Dollars ($500,000.00), but less than twenty-five percent of the Availability Threshold original principal balance of the Loan or the costs of completing the Restoration are is equal to or greater than Five Hundred Thousand and No/100 Dollars ($500,000.00), the Availability Threshold, Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iviii), (ixv), (viii) and (xix) as a result of such damage or destruction, after deduction of its Lender’s reasonable costs and expenses (including including, but not limited to, reasonable counsel costs and fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its Lender’s reasonable costs and expenses (including including, but not limited to, reasonable counsel costs and fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Threshold $250,000.00 and the costs of completing the Restoration shall be less than the Availability Threshold$250,000.00, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i6.4(b)(i)(A), (B), (E), (F), (G), (I), (J), and (K) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $250,000.00 or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, $250,000.00 Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Allocated Threshold Amount and the costs of completing the Restoration shall be less than the Availability ThresholdAllocated Threshold Amount, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all no Event of the conditions set forth in Section 6.4(b)(i) hereof are met Default exists and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Allocated Threshold Amount or the costs of completing the Restoration are is equal to or greater than the Availability ThresholdAllocated Threshold Amount, the Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (vi), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold and the costs of completing the Restoration shall be less than the Availability Threshold, the Net Proceeds shall be disbursed by Lender to Borrower upon receipt, provided that all of and Borrower shall apply the conditions Net Proceeds to restore the Property, without the restrictions, conditions, or requirements set forth in Section 6.4(b)(iSections 6.4(b) hereof are met and Borrower delivers shall reasonably cooperate with Lender and its representatives to provide Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence verification that the Restoration in accordance with the terms of this Agreementhas been completed. (b) If the Net Proceeds are equal to or greater than the Availability Threshold or the costs of completing the Restoration are equal to or greater than the Availability Threshold, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 means: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ix) and (x6.1(a) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Restoration Threshold Amount and the costs of completing the Restoration shall be less than the Availability ThresholdRestoration Threshold Amount, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Restoration Threshold Amount or the costs of completing the Restoration are is equal to or greater than the Availability ThresholdRestoration Threshold Amount, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ixvi), (vii), (viii) and (with respect to casualty insurance only) (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration (but, in the case of the Waterfront Property:, subject to the terms of the Ground Lease): (a) If the Net Proceeds shall be less than than, with respect to the Availability Threshold affected Property, one percent (1%) of the Allocated Loan Amount for such Property, and the costs provided no Event of completing the Restoration shall be less than the Availability ThresholdDefault is continuing, the Net Proceeds shall will be disbursed by Lender Agent to Borrower Borrowers upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers Borrowers deliver to Lender Agent a written undertaking to expeditiously commence and to satisfactorily complete with due diligence and in a good and workmanlike manner the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than than, with respect to the Availability Threshold or affected Property, one percent (1%) of the costs of completing Allocated Loan Amount for such Property, the Restoration are equal to or greater than the Availability Threshold, Lender Net Proceeds will be held by Agent and Agent shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender Agent pursuant to Section 6.1(a)(i5.1.1 (a)(i), (iii), (iv), and (ixvi) and (xSection 5.1.1(h) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $250,000 and the costs of completing the Restoration shall be less than the Availability Threshold$250,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $250,000 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$250,000, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.48.4. The term “Net Proceeds” "NET PROCEEDS" for purposes of this Section 6.4 means8.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i8.1 (a)(i), (iv), (ixvi) and (xvii) as a result of such damage or destructiona Casualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Insurance Proceeds”"INSURANCE PROCEEDS"), or (ii) the net amount of the AwardAward as a result of a Condemnation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Condemnation Proceeds”"CONDEMNATION PROCEEDS"), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $500,000 and the costs of completing the Restoration shall be less than the Availability Threshold$500,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $500,000 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$500,000, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.48.4. The term “Net Proceeds” for purposes of this Section 6.4 means8.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i8.1(a)(i), (iv), (ixvi) and (xviii) as a result of such damage or destructiona Casualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Insurance Proceeds”), or (ii) the net amount of the AwardAward as a result of a Condemnation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds (defined below) shall be less than the Availability Threshold $100,000.00 and the costs of completing the Restoration shall be less than the Availability Threshold$100,000.00, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i3.7(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this AgreementSecurity Instrument. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $100,000.00 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$100,000.00, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. 3.7(b), The term “Net Proceeds” for the purposes of this Section 6.4 meansshall mean: (i1) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i3.3(a)(i), (iv), (vi), (vii), and, as applicable, (ix) and (x) of this Security Instrument as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel legal fees), if any, in collecting same (“Insurance Proceeds”), ) or (ii2) the net amount of the AwardAward received by Lender, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel legal fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be. (i) The Net Proceeds shall be made available to Borrower for the Restoration provided that each of the following conditions is met: (A) no Event of Default shall have occurred and be continuing under the Note, the Credit Agreement, this Security Instrument or any of the Other Security Documents; (B) (1) in the event the Net Proceeds are Insurance Proceeds, less than twenty percent (20%) of the total floor area of the Improvements has been damaged, destroyed or rendered unusable as a result of such fire or other casualty or (2) in the event the Net Proceeds are Condemnation Proceeds, less than twenty -percent (20%) of the land constituting the Property has been taken, such land is located along the perimeter or periphery of the Property, no portion of the Improvements is located on such land and such taking does not materially impair the existing access to the Property; (C) Intentionally Deleted; (D) Borrower shall commence the Restoration as soon as reasonably practicable (but in no event later than thirty (30) days after such damage, destruction or taking occurs) and shall diligently pursue the same to satisfactory completion; (E) Lender shall be satisfied that any operating deficits which will be incurred with respect to the Property as a result of the occurrence of any such fire or other casualty or taking will be covered out of (1) the Net Proceeds, or (2) other funds of Borrower; (F) Intentionally Omitted; (G) Lender shall be satisfied that the Restoration will be completed on or before the earliest to occur of (1) twelve (12) months prior to the Loan Maturity Date (as defined in the Note), (2) twelve (12) months after the occurrence of such fire or other casualty or taking, or (3) such time as may be required under applicable zoning law, ordinance, rule or regulation in order to repair and restore the Property to the condition it was in immediately prior to such fire or other casualty or taking; (H) Borrower shall execute and deliver to Lender a completion guaranty in form and substance satisfactory to Lender and its counsel pursuant to the provisions of which Borrower shall guaranty to Lender the lien-free completion by Borrower of the Restoration in accordance with the provisions of this Section 3.7(b); (I) the Property and the use thereof after the Restoration will be in compliance with and permitted under all applicable zoning laws, ordinances, rules and regulations; and (J) the Restoration shall be done and completed by Borrower in an expeditious and diligent fashion and in compliance with all applicable governmental laws, rules and regulations (including, without limitation, all applicable Environmental Laws (defined below). (ii) The Net Proceeds shall be held by Lender in an interest bearing trust account and, until disbursed in accordance with the provisions of this Section 3.7(b), shall constitute additional security for the Obligations. The Net Proceeds shall be disbursed by Lender to, or as directed by, Borrower from time to time during the course of the Restoration, upon receipt of evidence satisfactory to Lender that (A) all materials installed and work and labor performed (except to the extent that they are to be paid for out of the requested disbursement) in connection with the Restoration have been paid for in full, and (B) there exist no notices of pendency, stop orders, mechanic’s or materialman’s liens or notices of intention to file same, or any other liens or encumbrances of any nature whatsoever on the Property arising out of the Restoration which have not either been fully bonded to the satisfaction of Lender and discharged of record or in the alternative fully insured to the satisfaction of Lender by the title company insuring the lien of this Security Instrument. (iii) All plans and specifications required in connection with the Restoration shall be subject to prior review and acceptance in all respects by Lender and by an independent consulting engineer selected by Lender (the “Restoration Consultant”). Lender shall have the use of the plans and specifications and all permits, licenses and approvals required or obtained in connection with the Restoration, The identity of the contractors, subcontractors and materialmen engaged in the Restoration, as well as the contracts under which they have been engaged, shall be subject to prior review and acceptance by Lender and the Restoration Consultant. All costs and expenses incurred by Lender in connection with making the Net Proceeds available for the Restoration including, without limitation, reasonable legal fees and disbursements and the Restoration Consultant’s fees, shall be paid by Borrower. (iv) In no event shall Lender be obligated to make disbursements of the Net Proceeds in excess of an amount equal to the costs actually incurred from time to time for work in place as part of the Restoration, as certified by the Restoration Consultant, minus the Restoration Retainage. The term “Restoration Retainage” as used in this Section 3.7(b) shall mean an amount equal to 10% of the costs actually incurred for work in place as part of the Restoration, as certified by the Restoration Consultant. The Restoration Retainage shall in no event be less than the amount actually held back by Borrower from contractors, subcontractors and materialmen engaged in the Restoration. The Restoration Retainage shall not be released until the Restoration Consultant certifies to Lender that the Restoration has been completed in accordance with the provisions of this Section 3.7(b) and that all approvals necessary for the re-occupancy and use of the Property have been obtained from all appropriate governmental and quasi-governmental authorities, and Lender receives evidence satisfactory to Lender that the costs of the Restoration have been paid in full or will be paid in full out of the Restoration Retainage, provided, however, that Lender will release the portion of the Restoration Retainage being held with respect to any contractor, subcontractor or materialman engaged in the Restoration as of the date upon which the Restoration Consultant certifies to Lender that the contractor, subcontractor or materialman has satisfactorily completed all work and has supplied all materials in accordance with the provisions of the contractor’s, subcontractor’s or inaterialman’s contract, and the contractor, subcontractor or materialman delivers the lien waivers and evidence of payment in full of all sums due to the contractor, subcontractor or materialman as may be reasonably requested by Lender or by the title company insuring the lien of this Security Instrument. If required by Lender, the release of any such portion of the Restoration Retainage shall be approved by the surety company, if any, which has issued a payment or performance bond with respect to the contractor, subcontractor or materialman.

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Threshold $100,000 and the costs of completing the Restoration shall be less than the Availability Threshold$100,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $100,000 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$100,000, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.48.4. The term “Net Proceeds” for purposes of this Section 6.4 means8.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i8.1(a)(i), (iv), (ixvi) and (xviii) as a result of such damage or destructiona Casualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Insurance Proceeds”), or (ii) the net amount of the AwardAward as a result of a Condemnation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold and the costs of completing the Restoration shall be less than the Availability Threshold, the Net Proceeds shall be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold or the costs of completing the Restoration are equal to or greater than the Availability Threshold, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 means: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable and documented out-of-pocket costs and expenses (including reasonable counsel feesfees for outside counsel), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable and documented out-of-pocket costs and expenses (including reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than the Availability Threshold Five Hundred Thousand and the costs No/100 Dollars ($500,000) and provided no Event of completing the Restoration shall be less than the Availability ThresholdDefault is continuing, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than Five Hundred Thousand and No/100 Dollars ($500,000), the Availability Threshold or the costs of completing the Restoration are equal to or greater than the Availability Threshold, Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “Net Proceeds” for purposes of this Section 6.4 means5.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i5.1.1 (a)(i), (iv), and (ixvi) and (xSection 5.1.1(h) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Restoration. The Subject to the provisions of the Ground Lease ----------- and the 00 Xxxxxxx Xxxxx Tenancy Agreement (as defined in the Loan Agreement) as applicable, the following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $250,000 and the costs of completing the Restoration shall be less than the Availability Threshold$250,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(iSubsection 4.3(b)(i) hereof are met and Borrower delivers to Lender (i) a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this AgreementSecurity Instrument and (ii) a monthly accounting of all payments, costs and expenditures made by Borrower in connection with the Restoration. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $250,000 or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, $250,000 Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4Subsection 4.3(b). The term “"Net Proceeds” " for purposes of this Section 6.4 means4.3 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(iSubsection 5.03(b)(i), (iv), (ixvi) and (xvii) of the Loan Agreement as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“"Insurance Proceeds”"), or (ii) the net amount of the Awardall awards and payments received by Lender with respect to a taking referenced in Section 3.6 of this Security Instrument, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“"Condemnation Proceeds”"), whichever the case may be.