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20100014'7 (5) Notwithstanding the foregoing, any involuntary transfer of a Beneficial Ownership Interest in Borrower caused by the death of any general or limited partner, shareholder, joint venturer, trustee, member, manager or other type of owner holding any Beneficial Ownership Interest in Borrower shall not be a default under this Security Instrument or constitute a Sale or Transfer so long as Borrower is reconstituted, if required, following such death and so long as either (i) those persons responsible for the management of the Mortgaged Property remain unchanged as a result of such death or (ii) any replacement management is approved by Lender (which approval shall not be unreasonably withheld). (6) In connection with each Sale ar Transfer, Grantee (in the case of a Sale) or Borrower (in the case of a Transfer), as the case maybe, shall represent and warrant to Lender in writing that all of the representations and warranties set forth in paragraph 37 hereof shall survive such Sale or Transfer. (7) If the Grantee is not a Delaware limited liability company having organizational documents substantively identical (in all material respects) to those of Borrower, then such Sale shall not take place until Lender has reviewed and approved the Grantee's organizational documents. (t) Intentionally Omitted. (g) Intentionally Omitted. (h) Easements• Dedications. If no Event of Default shall have occurred and be continuing, Borrower, or the Lessee on behalf of Borrower, may, from time to time, in connection with the transactions contemplated by the Lease or otherwise, without consent of the Lender (i) sell .and convey an interest in the Mortgaged Property to any Person legally empowered to take such interest under the power of eminent domain, (ii) grant routine utility, access and other customary easements, rights of way and other rights in the nature of easements with respect to the Mortgaged Property as Lessee may reasonably request, (iii) release or relocate existing easements and appurtenances which are for the benefit of the Mortgaged Property as reasonably requested by Lessee, (iv) dedicate or transfer portions of the Mortgaged Property for road, highway or other public purposes, (v) execute petitions to have the Mortgaged Property annexed to any municipal corporation or utility district, (vi) enter into or modify existing easements, covenants, waivers, approvals or restrictions for utilities, parking or other matters as Lessee may desire or determines necessary for the operation of the Mortgaged Property, or real property adjacent to the Mortgaged Property, as reasonably requested by Lessee, and (vii) execute and deliver to any Person any instrument appropriate to confirm or effect such grants, releases, dedications and transfers provided (A) that such grant, release, dedication, transfer, petition or amendment is not detrimental in any material respect to the proper conduct of Lessee's business on such Mortgaged Property, (B) the consideration, if any, being paid for -24-