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interests securing this Note and PROVIDED, FURTHER, that nothing herein shall diminish <br /> Maker's liability for damages or deficiencies resulting from theft, waste, fraud, material <br /> misrepresentation or misuse of rents. <br /> 16. Loan Agreement. This Note is subject to the terms and conditions of <br /> the Loan Agreement executed between Maker and Holder regarding the Project. <br /> Disbursement of the funds evidenced by this Note is to be made subject to the terms and <br /> conditions of Loan Agreement. Capitalized terms used but not otherwise defined in this <br /> Note shall have the meanings ascribed to them in the Loan Agreement. <br /> 17. Casualty Loss or Condemnation. In the event of any fire or other <br /> casualty to the Project or eminent domain proceedings resulting in condemnation of the <br /> Project or any part thereof, Maker shall have the right to rebuild the Project, and to use all <br /> available insurance or condemnation proceeds to which Maker is entitled therefor, <br /> PROVIDED that (a) such proceeds are sufficient to keep the Loan in balance and rebuild <br /> or cause the rebuilding of the Project in a manner that provides adequate security to <br /> Holder for repayment of the Loan, or, if such proceeds are insufficient, then Maker shall <br /> have funded any deficiency; (b) Holder shall have the right to approve plans and <br /> specifications for any major rebuilding and the right to approve disbursements of insurance <br /> or condemnation proceeds to which Maker is entitled for rebuilding under a construction <br /> escrow or similar arrangement; and (c) no material default then exists under the Loan <br /> Documents. If the casualty or condemnation affects only part of the Project and total <br /> rebuilding is infeasible, then proceeds to which Maker is entitled may be used for partial <br /> rebuilding and partial repayment of the Loan in a manner that provides adequate security <br /> to Holder for repayment of the remaining balance of the Loan. <br /> ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, TO EXTEND CREDIT OR <br /> TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER <br /> WASHINGTON STATE LAW. <br /> MAKER: <br /> By: <br /> Its: <br /> Date: <br /> B-4 <br />