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200806450 and distinct, notwithstanding the union of such estates in Trustor, the landlord, or in any other person by purchase, operation of law or otherwise. (c) In the event that Trustor, so long as any portion of the Obligations remains unpaid, shall be the owner and holder of the fee title to the Property, the lien of this Deed of Trust shall be spread to cover Trustor's fee title to the Property and said fee title shall be deemed to be included in the description of the Property in this Deed of Trust. Trustor agrees, at its sole cost and expense, including without limitation, Beneficiary's reasonable attorneys' fees, to (i) execute any and all documents or instruments necessary to subject its fee title to the Property to the lien of this Deed of Trust; and (ii) provide a title insurance policy which shall insure that the lien of this Deed of Trust is a first lien on Trustor's fee title to the Property. (d) Trustor hereby represents and warrants to Beneficiary that, to the best of Trustor's knowledge: (i) a true and correct copy of the Lease, together with all amendments and supplements thereto, has heretofore been delivered by Trustor to Beneficiary; (ii) the Lease is in full force and effect, unmodified by any writing or otherwise except as expressly set forth herein; (iii) all rent, additional rent and other charges reserved therein have been paid; (iv) Trustor enjoys the quiet and peaceful possession of the Property; (v) no monetary default has occurred under the Lease, and Trustor is not in default under any of the other terms of the Lease and there are no circumstances which, with the passage of time or the giving of notice or both, would constitute an event of default under the Lease; (vi) the landlord under the Lease is not in default under any of the terms or provisions thereof on the part of the lessor to be observed or performed; and (vii) there are no encumbrances of the landlord's interest in the Lease. (e) In the event of any default by Trustor in the performance of any of its obligations under the Lease, including, without limitation, any default in the payment of rent and other charges and impositions made payable by the tenant thereunder, then, in each and every case, Beneficiary may, at its option, cause the default or defaults to be remedied and otherwise exercise any and all of the rights of Trustor therein in the name of and on behalf of Trustor. Trustor shall, on demand, reimburse Beneficiary for all advances made and expenses incurred by Beneficiary in curing any such default (including, without limitation, reasonable, actual legal fees). (f) If the Lease is cancelled or terminated, and if Beneficiary or a nominee of Beneficiary shall acquire an interest in any new lease of the Property, Trustor shall have no right, title or interest in or to the new lease or the leasehold estate created by such new lease. (g) Notwithstanding anything to the contrary contained herein, this Deed of Trust shall not constitute an assignment of the Lease within the meaning of any provisions thereof prohibiting its assignment and Beneficiary shall have no liability or obligation thereunder by reason of its acceptance of this Deed of Trust. Beneficiary shall be liable for the obligations of the tenant arising under the Lease for only that period oftime which Beneficiary is in possession of the Property or has acquired, by foreclosure or otherwise, and is holding all of Trustor's right, title and interest therein. (h) In the event of bankruptcy by the landlord under the Lease, the Trustor shall : 5