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201300074 rejection by the owner of the Site Lease under the Debtor Relief Laws, Trustor shall, prior to effecting such offset,notify Beneficiary of its intention to do so,setting forth the amounts proposed to be so offset and the basis therefor. Beneficiary shall have the right,within(10)days after receipt of such notice from Trustor,to reasonably object to all or any part of such offset,and,in the event of such reasonable objection, Trustor shall not effect any offset of the amounts so objected to by Beneficiary for a period of thirty (30) days after Beneficiary has delivered its objection notice to Trustor during which time Beneficiary shall have the right to bring its objections to the attention of any court supervising the bankruptcy of the owner of the Site Lease and both Beneficiary and Trustor agree to abide by the decision of any such court. If(A) Beneficiary has failed to object as aforesaid within ten (10) days after notice from Trustor or (B)the court fails to render its decision within the above] mentioned thirty(30)day period,Trustor may proceed to effect such offset in the amounts set forth in Trustor's notice. Neither Beneficiary's failure to object as aforesaid nor any objection or other communication between Beneficiary and Trustor relating to such offset shall constitute an approval of any such offset by Beneficiary. (h) If any action, proceeding, motion or notice shall be commenced or filed in respect of Trustor or the Mortgaged Property in connection with any case under the Debtor Relief Laws (other than a case under the Debtor Relief Laws commenced with respect to Trustor), Beneficiary shall have the option, to the exclusion of Trustor, exercisable upon notice from Beneficiary to Trustor, to conduct and control any such litigation with counsel of Beneficiary's choice. Beneficiary may proceed in its own name or in the name of Trustor in connection with any such litigation,and Trustor agrees to execute any and all powers,authorizations,consents and other documents required by Beneficiary in connection therewith. Trustor shall pay to Beneficiary all costs and expenses(including,without limitation,reasonable attorneys' fees and disbursements)paid or incurred by Beneficiary in connection with the prosecution or conduct of any such proceedings within five(5)days after notice from Beneficiary setting forth such costs and expenses in reasonable detail. Any such costs or expenses not paid by Trustor as aforesaid shall be secured by the lien of this Deed of Trust and shall be added to the principal amount of the indebtedness secured hereby. Trustor shall not commence any action,suit,proceeding or case,or file any application or make any motion,in respect of the Site Lease in any such case under the Debtor Relief Laws(other than a case under the Debtor Relief Laws commenced with respect to Trustor)without the prior written consent of Beneficiary, which consent shall not be unreasonably withheld. (i) Trustor shall promptly,after obtaining knowledge thereof,notify Beneficiary of any filing by or against the owner of the Land of a petition under the Debtor Relief Laws, setting forth any information available to Trustor as to the date of such filing, the court in which such petition was filed, and the relief sought therein. Trustor shall promptly deliver to Beneficiary following receipt any and all notices, summonses, pleadings, applications and other documents received by Trustor in connection with any such petition and any proceedings relating thereto. (j) If there shall be filed by or against Trustor a petition under the Debtor Relief Laws, and Trustor, as the tenant under the Site Lease, shall determine to reject the Site Lease pursuant to Section 365(a)of the Bankruptcy Code,then Trustor shall give Beneficiary not less than ten (10) days' prior notice of the date on which Trustor shall apply to the bankruptcy court for authority to reject the Site Lease. Beneficiary shall have the right, but not the obligation, to serve upon Trustor within such 10-day period a notice stating that (i) Beneficiary demands that Trustor -14-