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200500259
<br />THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS
<br />DEED OF TRUST.
<br />Section 6.30 Site Ground Lease Covenants. With respect to each Site Ground Lease:
<br />(a) Debtor will pay or cause to be paid all rent and other charges required
<br />under each Site Ground Lease as and when the same are due other than payments that are being
<br />disputed in good faith and provided that no such payment shall be more than ninety (90) days
<br />past due and Debtor will keep, observe and perform, or cause to be kept, observed and performed
<br />in all material respects, all of the other terms, covenants, provisions and agreements of the Site
<br />Ground Lease on the part of the lessee thereunder to be kept, observed and performed, and will
<br />not in any manner cancel, terminate or surrender, or permit any cancellation, termination or
<br />surrender of the Site Ground Lease, in whole or in part, or, without the written consent of
<br />Administrative Agent, either orally or in writing, modify, amend or permit any modification or
<br />amendment of any of the terms thereof in any respect, and any attempt on the part of Debtor to
<br />exercise any such right without such written consent of Administrative Agent shall be null and
<br />void and of no effect.
<br />(b) Debtor will do, or cause to be done, all things necessary to preserve and
<br />keep unimpaired the rights of Debtor as lessee under the Site Ground Lease, and to prevent any
<br />default under the Site Ground Lease, or any termination, surrender, cancellation, forfeiture or
<br />impairment thereof, and in the event of the failure of Debtor to make any payment required to be
<br />made by Debtor pursuant to the provisions of the Site Ground Lease or to keep, observe or
<br />perform, or cause to be kept, observed or performed, any of the terms, covenants, provisions or
<br />agreements of the Site Ground Lease, Debtor agrees that Administrative Agent may (but shall
<br />not be obligated to), after notice to Debtor (provided, however, that no such notice shall be
<br />required to be given after the occurrence of an Event of Default hereunder or under any of the
<br />other Loan Documents) take any action on behalf of Debtor, to make or cause to be kept,
<br />observed or performed any such terms, covenants, provisions or agreements and to enter upon
<br />the Mortgaged Property and take all such action thereof as may be necessary therefor, to the end
<br />that the rights of Debtor in and to the leasehold estate created by the Site Ground Lease shall be
<br />kept unimpaired and free from default, and all money so expended by Administrative Agent,
<br />with interest thereon at the Default Rate from the date of each such expenditure, shall be paid by
<br />Debtor to Administrative Agent promptly upon demand by Administrative Agent and shall be
<br />added to the Indebtedness and secured by the Deed of Trust and Administrative Agent shall
<br />have, in addition to any other remedy of Administrative Agent, the same rights and remedies in
<br />the event of non - payment of any such sum by Debtor as in the case of a default by Debtor in the
<br />payment of any sums due under the Note.
<br />(c) If any action or proceeding shall be instituted to evict Debtor or to recover
<br />possession of the Mortgaged Property or for any other purpose affecting the Site Ground Lease
<br />or this Deed of Trust, Debtor will, immediately upon service thereof on or to Debtor, deliver to
<br />Administrative Agent a true copy of each petition, summons, complaint, notice of motion, order
<br />to show cause and of all other provisions, pleadings, and papers, however designated, served in
<br />any such action or proceeding.
<br />(d) Debtor covenants and agrees that unless Administrative Agent shall
<br />otherwise expressly consent in writing, the fee title to the property demised by the Site Ground
<br />DEED OF TRUST— Page 24
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