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When all of the Secured Obligations have been paid and performed in full, Beneficiary shall request Trustee in writing to reconvey the Property. When Trustee receives Beneficiary's written request for reconveyance and all fees and other sums owing to it by Trustor under Section 5.01, Trustee shall reconvey the Property, or so much of it as is then held under this Deed of Trust, without warranty to the person or persons legally entitled to it. Neither Beneficiary nor Trustee has any duty to determine the rights of persons claiming to be rightful grantees of any reconveyance. Section 8.01. Performance Under the Leasehold Agreement. Trustor shall timely perform and comply with all covenants, agreements, obligations, and restrictions imposed upon the tenant under the Leasehold Agreement and shall not do or permit to be done anything to impair its rights and interests thereunder or to cause the Leasehold Agreement to be terminated prior to the date of expiration of the term of the Leasehold Agreement. Trustor shall give Beneficiary prompt written notice of any default, breach, or non - compliance or notice thereof by either the Trustor or Zitski under the Leasehold Agreement. Trustor shall not modify or amend any of the terms or provisions of the Leasehold Agreement, terminate or surrender the Leasehold Agreement, or release or discharge Zitski from any of its covenants, agreements, or obligations thereunder. Trustor represents and warrants to Beneficiary that it has not executed any prior mortgage, pledge, hypothecation, assignment, or other transfer of its right, title, and interest under the Leasehold Agreement that will continue to exist after the recordation of this Deed of Trust, other than in favor of Beneficiary. Section 8.02. Bankruptcy Reform Act. Trustor acknowledges that under Section 365 of the Bankruptcy Reform Act of 1978, as amended (hereinafter, as the same may be amended or recodified from time to time, the "Bankruptcy Reform Act "), a trustee in bankruptcy of Zitski, its successors and assigns, or Zitski, its successors and assigns, as a debtor -in- possession, could reject the Leasehold Agreement, in which case Trustor, as tenant, would have the election described in Section 365(h) of the Bankruptcy Reform Act (the "Election ") to treat the Leasehold Agreement as terminated by such rejection or, in the alternative, to remain in possession for the balance of the term of the Leasehold Agreement and any renewal or extension thereof that is enforceable by the tenant under applicable non - bankruptcy law. Trustor shall not suffer or permit the termination of the Leasehold Agreement by exercise of the Election or otherwise without the prior written consent of Beneficiary. Section 8.03. Assignment of the Election. Trustor hereby assigns the Election to Beneficiary. Trustor acknowledges and agrees the foregoing assignment of the Election is one of the rights Beneficiary may use at any time in order to protect the other rights and interests of Beneficiary under this Deed of Trust and the other Loan Documents. The Election is in the nature of a remedy and is not a property interest that Trustor can separate from the Leasehold Agreement, and exercise of the Election in favor of preserving the right to possession under the Leasehold Agreement shall not be deemed a partial or other taking or sale of the Land and Improvements thereon by Beneficiary and shall not entitle Trustor to any credit against the Secured Obligations. FNBO /Nova -Tech Leasehold Deed of Trust DOCS/1660400.5 ARTICLE VIII LEASEHOLD PROVISIONS 14 201605328