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201300074 is given to Beneficiary in consideration for Beneficiary's (A) making of the Loan and (B) not requiring Trustor to exercise the option to extend the term of the Site Lease or exercise any purchase option before the Closing Date,(ii)that it is reasonable for Beneficiary to require the leasehold term to extend beyond the maturity of the Note;(iii)that if any option is exercised by Beneficiary.Trustor agrees it is and shall remain solely liable with respect thereto as tenant under the Site Lease and releases Beneficiary from any and all liability with respect thereto or claims relating thereto. (c) So long as any portion of the Obligations shall remain unpaid, unless Beneficiary shall otherwise consent,the fee title to the Land and the leasehold estate therein created pursuant to the provisions of the Site Lease shall not merge but shall always be kept separate and distinct, notwithstanding the union of such estates in Trustor, the owner, or in any other person by purchase, operation of law or otherwise. Beneficiary reserves the right, at any time, to release portions of the Mortgaged Property,including,but not limited to,the leasehold estate created by the Site Lease,with or without consideration,at Beneficiary's election,without waiving or affecting any of its rights hereunder or under the Loan Documents and any such release shall not affect Beneficiary's rights in connection with the portion of the Mortgaged Property not so released. (d) So long as any portion of the Obligations remains unpaid, if Trustor shall become the owner and holder of the fee title to the Land, the lien of this Deed of Trust shall be spread to cover Trustor's fee title to the Land and said fee title shall be deemed to be included in the Mortgaged Property. Trustor agrees to execute any and all documents or instruments necessary to subject its fee title to the Land to the lien of this Deed of Trust,in form and substance satisfactory to Beneficiary. (e) Trustor hereby unconditionally assigns,transfers and sets over to Beneficiary all of Trustor's claims and rights to the payment of damages arising from any rejection by the owner of the Site Lease under the Debtor Relief Laws. Beneficiary shall have the right to proceed in its own name or in the name of Trustor in respect of any claim, suit,action or proceeding relating to the rejection of the Site Lease, including, without limitation, the right to file and prosecute, to the exclusion of Trustor, any proofs of claim, complaints, motions, applications, notices and other documents, in any case in respect of the owner under the Debtor Relief Laws. Subject to the provisions of Section 5.07, this assignment constitutes a present, irrevocable and unconditional assignment of the foregoing claims,rights and remedies, and shall continue in effect until all of the Obligations shall have been satisfied and discharged in full. Any amounts received by Beneficiary as damages arising out of the rejection of the Site Lease as aforesaid shall be applied first to all costs and expenses of Beneficiary (including, without limitation, attorneys' fees and disbursements) incurred in connection with the exercise of any of its rights or remedies under this Section 2.15(e). (f) Trustor shall not,without Beneficiary's prior written consent,elect to treat the Site Lease as terminated under Section 365(h)(1) of the Bankruptcy Code of the United States(the "Bankruptcy Code '). Any such election made without Beneficiary's prior written consent shall be void. (g) If pursuant to Section 365(h)(1) of the Bankruptcy Code, Trustor seeks to offset against the Rent reserved in the Site Lease the amount of any damages caused by the nond performance by the owner of any of the owner's obligations under the Site Lease after the -13-