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201300074 assume and assign the Site Lease to Beneficiary pursuant to Section 365 of the Bankruptcy Code and (ii)Beneficiary covenants to cure or provide adequate assurance of prompt cure of all defaults and provide adequate assurance of future performance of Trustor's obligations under the Site Lease. If Beneficiary serves upon Trustor the notice described in the preceding sentence, Trustor shall not seek to reject the Site Lease and shall seek court approval to comply with the demand provided for in clause (i) of the preceding sentence within thirty (30) days after the notice shall have been given, subject to the performance by Beneficiary of the covenant provided for in clause(ii)of the preceding sentence. (k) Effective upon the entry of an order for relief in respect of Trustor under the Debtor Relief Laws, Trustor hereby assigns and transfers to Beneficiary a non-exclusive right to apply to the bankruptcy court under Section 365(d)(4) of the Bankruptcy Code for an order extending the period during which the Site Lease may be rejected or assumed. SECTION 2.16. Use of Loan Proceeds. Trustor shall use the proceeds of the Loan only for the purposes set forth in the Credit Agreement. ARTICLE III INSURANCE, CASUALTY AND CONDEMNATION SECTION 3.01. Insurance. Trustor shall comply with all of the terms and provisions and shall maintain,or cause to be maintained,with respect to the Premises the insurance required by the Credit Agreement. SECTION 3.02. Casualty and Condemnation. Trustor's right to collect or use any insurance proceeds or awards resulting from any casualty loss or condemnation shall be subject to, and applied in accordance with,the terms and provisions of the Credit Agreement. Trustor hereby authorizes and directs any affected insurance company and any affected governmental body responsible for such condemnation to make payment of the insurance proceeds or awards directly to Beneficiary. Trustor hereby irrevocably assigns to Beneficiary all insurance proceeds and awards to which Trustor may become entitled by reason of its interests in the Premises if a loss occurs. ARTICLE IV EXPENSES AND INDEMNIFICATION SECTION 4.01. Expenses. Upon written demand. Trustor (a) shall reimburse Beneficiary for all out-of-pocket expenses, including reasonable attorneys' fees and expenses,paid or incurred by Beneficiary in connection with(i) any default or alleged default. (ii) the perfection, protection, exercise or enforcement of any right or remedy under or with respect to this Deed of Trust or any other Loan Document,and(iii)the execution, delivery, administration or performance of this Deed of Trust or any other Loan Document and any consent or waiver thereunder and any amendment thereof, or (b) if an Event of Default occurs, shall reimburse Beneficiary for all out-of-pocket expenses, including reasonable attorneys' fees and expenses. (i)paid or incurred by Beneficiary in connection with(A) such Event of Default and collection,bankruptcy,insolvency and enforcement proceedings resulting therefrom or (B) the exercise or enforcement of any right or -15-