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200001502 B. Bankruptcy: Adequate Protection. In the event Borrower becomes a debtor in bankruptcy, the debtor in possession or trustee shall not be permitted to use, sell or lease any of the Property, whether or not in the ordinary course of business, without providing adequate protection to Lender. The parties agree that the language in §361 of the Bankruptcy Code of 1978 shall be the definition of the term "adequate protection" in connection with any use, sale or lease of the Property. The cash payment referred to in that section shall mean the full payments required under the Notes and all other indebtedness which this Trust Deed secured, plus payment representing the full replacement value of the Property used, sold or leased; the replacement liens referred to in that section shall mean liens on property the actual market value of which is equal to or greater than the replacement cost of the Property used, sold or leased; and the term "indubitable equivalent" as used in that section shall mean protection afforded by either grants of administrative expense priority, grants to Lender of ownership interest in a continuing business surviving the bankruptcy, or grants to lender of protected securities issued by a continuing business surviving the bankruptcy, which completely compensates Lender for the loss of the present value (computed at the then market rate of interest for commercial loans) , of its interest in the Property. For purposes of computation, the value of the Property shall be the actual market cost of replacement real estate in approximately the same location and condition as the Property, and with similar improvements. C. Bankruptcy: Stay of Collection. The parties agree that because of the extreme financial importance to Lender of this transaction, Lender will be irreparably harmed by any stay of its collection efforts or the exercise of its remedies under the Trust Deed. D. Bankruptcy: Reorganization of Borrower. The parties agree that in the event a plan of reorganization is proposed under Chapter 11 of the Bankruptcy Code of 1978, the plan will be fair and equitable to Lender, as a secured creditor, only if Lender realizes under the plan the indubitable equivalence of its interests in the Property. The term "indubitable equivalent" in such context shall have the same meaning as previously set forth herein. 18. Americans with Disabilities Act. A. Borrower understands that the Property, when completed, will be subject to the Americans with Disabilities Act (hereafter "ADA "). Borrower agrees to keep the Property in compliance with the ADA. If the Property is later remodeled or altered while this trust deed is in effect, the Borrower shall have the work performed so that it complies with the ADA. Borrower shall furnish to Lender, if requested, a written opinion from a licensed architect that the remodeling /alterations comply with the ADA. B. Borrower hereby warrants and represents to Lender that there are no pending or threatened claims by the Department of Justice or third parties relating to ADA with respect to the Property. C. Borrower hereby agrees to indemnify and hold harmless the Lender, its directors, officers, employees and agents, and any successor to Borrower's interest, from and against any and all claims, damages, losses and liabilities arising in connection with the violation of the ADA while the Borrower is in control of the Property. THE FOREGOING WARRANTIES AND REPRESENTATIONS, AND BORROWER'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS TRUST DEED. 10