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2Co0106p 11.12 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 Bankruptcy Code (other than a case under the Bankruptcy Code 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 Bankruptcy Code, 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, summOhsp, 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 Bankruptcy Code, 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 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 Bankruptcy Code, 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 Loan Agreement which uses are not primarily for personal, family or household purposes. ARTICLE III INSURANCE, CASUALTY AND CONDEMNATION SECTION 3.1. Insurance. Trustor shall comply with all of the terms and provisions and shall maintain, or cause to be maintained, with respect to the Property the insurance required by the Loan Agreement. If Trustor fails to maintain the insurance policies required to be maintained under this Section, Beneficiary shall have the right (but not the obligation) to obtain such insurance policies and pay the premiums therefor. If Beneficiary obtains such insurance policies or pays the premiums therefor, upon demand, Trustor shall reimburse Beneficiary for its expenses in connection therewith, together with interest thereon pursuant to Section 4.3. SECTION 3.2. 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 Loan 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 Property if a loss occurs. 111/150348.02.00 1 1 010499/1956/35239.00196