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ARTICLE FIVE <br />CONDEMNATION <br />5.1.Notice.Mortgagor will give Mortgagee prompt notice of any action, actual or <br />threatened, in condemnation or eminent domain, direct or inverse. <br />5.2.Awards <br />. Subject to any obligations under the First Lien Mortgage, which has <br />priority over this Mortgage, Mortgagor hereby assigns, transfers, and sets over to Mortgagee the <br />entire proceeds of any award or payment which becomes payable by reason of any taking of or <br />damage to the Mortgaged Property, or any part or appurtenance thereof, either temporarily or <br />permanently, in or by condemnation or other eminent domain proceedings or by reason of sale <br />under threat thereof, or in anticipation of the exercise of the right of condemnation or other <br />eminent domain proceedings. Mortgagor will file or prosecute in good faith and with due <br />diligence what would otherwise be its claim in any such award or payment and cause the same to <br />be collected and paid over to Mortgagee, and Mortgagor irrevocably authorizes and empowers <br />Mortgagee, which power is coupled with an interest and is irrevocable, in the name of Mortgagor <br />or otherwise, in the event that Mortgagor fails to do so, to file and prosecute any such claim and <br />to collect, receipt for and retain the same. The proceeds of the award or payment, after deducting <br />all reasonable costs, attorneys’fees and other expenseswhich may have been incurred by <br />Mortgagee in collection thereof, at the sole discretion of Mortgagee, may be released to <br />Mortgagor, applied to restoration of the Mortgaged Property or applied to the payment of any <br />part of the Obligations, in such order ofapplication as Mortgagee may determine.If proceeds <br />are made available to be applied to restoration, they shall be held and disbursed inaccordance <br />with Paragraph 1.6(d) hereof. <br />17 <br />487519v1 EL185-45 <br /> <br />