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19 200212049 permitted by applicable law, Trustee shall be indemnified, held harmless and reimbursed by Grantor for any liability, damage or expense, including reasonable attorneys' fees and amounts paid in settlement, which Trustee may incur or sustain in connection with this Deed of Trust or in the doing of any act which Trustee is required or permitted to do by the terms hereof or by law. 33. Mortgaged Lease Provisions. (a) Grantor covenants and agrees that the fee title to the Leased Land and the leasehold estate created under each Mortgaged Lease shall not merge but shall always remain separate and distinct, notwithstanding union of said estates either in Grantor or a third party by purchase or otherwise; and in case Grantor acquires the fee title or any other estate, title or interest in and to the Leased Land, the lien of this Deed of Trust shall, without further conveyance, simultaneously with such acquisition, be spread to cover and attach to such acquired estate and as so spread and attached shall be prior to the lien of any mortgage placed on the acquired estate after the date of this Mortgage. (b) The lien of this Deed of Trust shall attach to all of Grantor's rights and remedies at any time arising under or pursuant to Subsection 365(h) of the Bankruptcy Code, 11 U.S.C. Section 365(h), as the same may hereafter be amended (the `Bankruptcy Code "), including, without limitation, all of Grantor's rights to remain in possession of the Leased Land. Other than in the ordinary course of the operation of Grantor's business, Grantor shall not, without the prior written consent of Beneficiary, elect to treat any Mortgaged Lease as terminated under Subsection 365(h) of the Bankruptcy Code and any such election made without such consent of Beneficiary and other than in the ordinary course of the operation of Grantor's business shall be void. (c) If any Mortgaged Lease shall be terminated prior to the natural expiration of its term, and if, pursuant to any provision of any Mortgaged Lease or otherwise, Beneficiary or its designee shall acquire from the lessor under such Mortgaged Lease a new lease of any of the Real Estate or any portion thereof, Grantor shall have no right, title or interest in or to such new lease or the leasehold estate created thereby, or renewal privileges therein contained. 34. Future Advances. This Deed of Trust is executed and delivered to secure, among other things, future advances. It is understood and agreed that this Deed of Trust secures present and future advances made for the benefit of Grantor and that the lien of such future advances shall relate back to the date of this Mortgage. 35. Receipt of Con v. Grantor acknowledges that it has received a true copy of this Mortgage. 032375 0313- 01038 -NV01 22208989