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2001001 -12 SECTION 2.11. Compliance with Instruments. Trustor shall promptly perform and observe, or cause to be performed and observed, all of the terms, covenants and conditions of all other instruments affecting the Property if the failure to so perform or observe would have a Material Adverse Effect and shall do or cause to be done all things necessary to preserve intact and unimpaired any and all easements, appurtenances and other interests and rights in favor of or constituting any portion of the Subject Property if the failure so to do would have a Material Adverse Effect. SECTION 2.12. Improvements. All improvements on the Land lie wholly within the boundary and building restriction lines of the Land and no improvements on adjoining properties encroach upon the Land in any respect so as to have a Material Adverse Effect on the use, operation or value of the Property. SECTION 2.11. Casualty: Condemnation. The Subject Property is free of material damage and waste and, to Trustor's knowledge, there is no proceeding pending or threatened for the total or partial Condemnation thereof. SECTION 2.14. Zoning and Other Laws. The Property and the use thereof, separate and apart from any other properties, constitute a legal and conforming use in compliance with the zoning regulations for which the Property is located. The Property complies with all applicable subdivision laws, ordinances and regulations, such that failure to comply would not have a Material Adverse Effect. All inspections, licenses and certificates required, whether by law, ordinance, regulation or insurance standards, to be made or issued with respect to the Property have been made by or issued by appropriate authorities, such that a failure to obtain such inspections, licenses or certificates would not have a Material Adverse Effect. SECTION 2.15. Site Lease. (a) Trustor represents and warrants that (i) Exhibit A. Part II contain a description of the Site Lease; (ii) Trustor has furnished to Beneficiary a copy of the Site Lease certified as true and correct by Trustor; (iii) except as described in Exhibit A. Part II, the Site Lease has not been modified, assigned by Trustor or, to the knowledge of Trustor, assigned by the landlord thereunder; (iv) the Site Lease is in full force and effect and, to the knowledge of Trustor, there is no default, or existing condition which with the giving of notice or passage of time or both would cause a default under the Site Lease; and (v) the execution, delivery and performance of this Deed of Trust do not require any consent under, and will not contravene any provision of or cause a default under, the Site Lease. (b) Trustor (i) shall duly and punctually pay, perform and observe (unless being paid pursuant to Section 2.6 or being contested pursuant to Section 2.9) all of its obligations under the Site Lease; (ii) shall do all things reasonably necessary or appropriate to enforce, preserve and keep unimpaired the rights of Trustor; (iii) shall not enter into any amendment or other agreement or take any other action or fail to take any action that would modify or terminate any rights or obligations of Trustor or of the landlord under the Site Lease or subordinate any right of Trustor under the Site Lease to any lien; (iv) shall notify Beneficiary in writing not later than ninety (90) days prior to the last date on which Trustor can exercise (A) any right to extend the term of the Site Lease or (B) any option to purchase or otherwise acquire the interest of the landlord under the Site Lease, of the existence of such right or option; (v) to the extent the current term of the Site Lease does not extend beyond the maturity date of the Loan, shall exercise (not later than thirty (30) days prior to the last date on which Trustor may timely do so) each right or option of Trustor under the Site Lease to extend the term thereof, (vi) shall notify Beneficiary (promptly after receipt or contemporaneously when given, as the case may be) of the receipt or giving by Trustor of any notice of default under, or any notice of the possible or actual termination of, the Site Lease, accompanied by a copy of such notice (the failure of Trustor to comply with this subclause (vi) shall constitute an Event of Default hereunder); and (vii) shall promptly notify Beneficiary, upon Trustor's acquisition of knowledge thereof, of the occurrence of any event or condition which with the passage of time or giving of notice would constitute a default under the Site Lease. (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 111/150348.02.00 O 010499/1956/35239.00196