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201300074 <br /> laws. ordinances and regulations, such that failure to comply would not have a Material Adverse <br /> Effect. All inspections,licenses and certificates required,whether by law,ordinance, regulation or <br /> insurance standards,to be made or issued with respect to the Premises have been made by or issued <br /> by appropriate authorities, such that a failure to obtain such inspections, licenses or certificates <br /> would not have a Material Adverse Effect. <br /> SECTION 2.15. Site Lease. (a) Trustor represents and warrants that (i)Exhibit A, <br /> Part II contains a description of the Site Lease; (ii)Trustor has furnished to Beneficiary a copy of the <br /> Site Lease certified as true and correct by Trustor: (iii)except as described in Exhibit A, Part II,the <br /> Site Lease has not been modified,assigned by Trustor or,to the knowledge of Trustor, assigned by <br /> the landlord thereunder; (iv) the Site Lease is in full force and effect and, to the knowledge of <br /> Trustor,there is no default, or existing condition which with the giving of notice or passage of time <br /> or both would cause a default under the Site Lease:and(v) the execution,delivery and performance <br /> of this Deed of Trust do not require any consent under, and will not contravene any provision of or <br /> cause a default under, the Site Lease except for such consents as have been obtained. <br /> (b) Trustor(i) shall duly and punctually pay, perform and observe(unless being <br /> paid pursuant to Section 2.06 or being contested pursuant to Section 2.09)all of its obligations under <br /> the Site Lease; (ii) shall do all things reasonably necessary or appropriate to enforce, preserve and <br /> keep unimpaired the rights of Trustor; (iii)shall not enter into any amendment or other agreement or <br /> take any other action or fail to take any action that would modify or terminate any rights or <br /> obligations of Trustor or of the landlord under the Site Lease or subordinate any right of Trustor <br /> under the Site Lease to any lien; (iv) shall notify Beneficiary in writing not later than ninety (90) <br /> days prior to the last date on which Trustor can exercise (A)any right to extend the term of the Site <br /> Lease or(B)any option to purchase or otherwise acquire the interest of the landlord under the Site <br /> Lease, of the existence of such right or option; (v) to the extent the current term of the Site Lease <br /> does not extend beyond the maturity date of the Loan, shall exercise (not later than thirty (30) days <br /> prior to the last date on which Trustor may timely do so) each right or option of Trustor under the <br /> Site Lease to extend the term thereof; (vi) shall notify Beneficiary (promptly after receipt or <br /> contemporaneously when given,as the case may be)of the receipt or giving by Trustor of any notice <br /> of default under, or any notice of the possible or actual termination of,the Site Lease, accompanied <br /> by a copy of such notice(the failure of Trustor to comply with this subclause(vi) shall constitute an <br /> Event of Default hereunder):and(vii)shall promptly notify Beneficiary,upon Trustor's acquisition <br /> of knowledge thereof,of the occurrence of any event or condition which with the passage of time or <br /> giving of notice would constitute a default under the Site Lease. Beneficiary is hereby irrevocably <br /> appointed the true and lawful attorney of Trustor and any subsequent owner of the Premises to <br /> exercise, in its own name and stead or in the name of Trustor, if and to the extent that Trustor does <br /> not do so in a timely manner,each right or option of Trustor under the Site Lease to extend the term <br /> thereof or to purchase or otherwise acquire the interest of the landlord under the Site Lease,and for <br /> that purpose Beneficiary may execute all necessary documents and instruments to exercise each <br /> option and may substitute Persons with like power.Trustor or any subsequent owner of the Premises <br /> hereby ratifying and confirming all that their said attorney or such substitutes shall lawfully do by <br /> virtue hereof. Nevertheless, Trustor or any subsequent owner of the Premises, if so requested in <br /> writing by Beneficiary shall ratify and confirm the exercise of any such option by executing and <br /> delivering to Beneficiary or to such purchasers any instrument which, in the judgment of <br /> Beneficiary,is suitable or appropriate therefor. Trustor acknowledges(i)that this power of attorney <br /> -12- <br />