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200609881 <br />(h) The Lien of this Deed of Trust shall attach to all of the Grantor's <br />rights and remedies at any time arising under or pursuant to Subsection 365(h) of <br />the Bankruptcy Code, including, without limitation, all of the Grantor's rights to <br />remain in possession of each leasehold parcel, provided, however, that the <br />Beneficiary shall have no right to exercise such rights and remedies unless an <br />Event of Default has occurred and is continuing. The Grantor shall, after <br />obtaining knowledge thereof, promptly notify the Beneficiary of any filing by or <br />against the lessor or fee owner of any leasehold parcel of a petition under the <br />Bankruptcy Code. At Beneficiary's request, the Grantor shall promptly deliver to <br />Beneficiary, following receipt, copies of any and all notices, summonses, <br />pleadings, applications and other documents received by the Grantor in <br />connection with any such petition and any proceedings relating thereto. <br />(i) If there shall be filed by or against the Grantor a petition under the <br />Bankruptcy Code, the Grantor, as lessee under any Ground Lease, shall not reject <br />such Ground Lease pursuant to Section 365(a) of the Bankruptcy Code without <br />the prior written consent of the Beneficiary. <br />(j) Effective upon the entry of an order for relief with respect to the <br />Grantor under the Bankruptcy Code, the Grantor hereby assigns and transfers to <br />the Beneficiary a non - exclusive right to apply to the Bankruptcy Court under <br />subsection 365(d)(4) of the Bankruptcy Code for an order extending the period <br />during which any Ground Lease may be rejected or assumed. <br />(k) No release or forbearance of any of the Grantor's obligations under <br />any Ground Lease, pursuant to the terms thereof or otherwise, shall release the <br />Grantor from any of its obligations under this Deed of Trust or the other Secured <br />Obligations. <br />15. Remedies Cumulative. All remedies provided in this Deed of Trust are <br />distinct and cumulative to any other right or remedy under this Deed of Trust or <br />under the other Loan Documents or afforded by law or equity, and may be <br />exercised concurrently, independently or successively. <br />16. Taxation of Deeds of Trust. In the event of the enactment of any law <br />deducting from the value of the Property any mortgage Lien thereon, or imposing <br />upon Beneficiary the payment of all or part of the taxes, charges or assessments <br />previously paid by Grantor pursuant to this Deed of Trust, or changing the law <br />relating to the taxation of mortgages or debts secured by mortgages or <br />Beneficiary's interest in the Property so as to impose new incidents of tax on <br />Beneficiary, then Grantor shall pay such taxes or assessments or shall reimburse <br />Beneficiary therefore (and such obligation shall constitute a Secured Obligation). <br />17. Events of Default and Acceleration. The occurrence of any "Event of <br />Default" as defined in the Loan Agreement shall constitute an Event of Default <br />hereunder. If an Event of Default shall have occurred and be continuing, the <br />Secured Obligations may be accelerated pursuant to the terms of the Loan <br />16 <br />MA <br />