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2oioo2s22 be otherwise satisfied that its interests are not prejudiced thereby, shall be deemed to be permitted liens and encumbrances under the Benefited Creditor Documents and Subsidiary shall not be deemed to be in default under, or have breached or otherwise violated any of the provisions of any of the Benefited Creditor Documents as a result of the existence of any such Statutory Liens on the Property. 38. RECEIPT OF DOCUMENTS. Subsidiary acknowledges receipt of a copy of this Instrument, the Guaranty and all other Benefited Creditor Documents executed on behalf of Subsidiary. 39. GROUND LEASE. Subsidiary hereby covenants and agrees with Master Collateral Agent as follows with respect to the Ground Lease: (a) As long as the Indebtedness remains outstanding, Subsidiary shall not amend, modify or terminate the Ground Lease; (b) Subsidiary shall perform all of its obligations under the Ground Lease within the time periods required thereunder; (c) Subsidiary shall deliver to Master Collateral Agent copies of each notice received by Subsidiary from Landlord under the Ground Lease within five (5) days after Subsidiary's receipt of each such notice; (d) Subsidiary shall exercise any option to renew or extend the Ground Lease and give written confirmation thereof to Master Collateral Agent within thirty (30) days after such option becomes exercisable; (e) Master Collateral Agent shall have the right to cure any alleged default by Subsidiary under the Ground Lease, and any amounts expended by Master Collateral Agent to perform any of Subsidiary's obligations under the Ground Lease shall be payable by Subsidiary to Master Collateral Agent pursuant to Section 6 of this Instrument; and (f) Subsidiary hereby indemnifies Master Collateral Agent and agrees to hold and defend Master Collateral Agent harmless from and against any and all actions, claims, damages, demands, liabilities, losses, costs or expenses suffered or incurred by Master Collateral Agent under or in connection with the Ground Lease. After the occurrence of an Event of Default that is continuing, Subsidiary hereby appoints Master Collateral Agent as Subsidiary's agent and attorney-in-fact with full power and authority to take any and all actions and to make any elections and exercise any rights which Subsidiary would otherwise be entitled to take, make or exercise pursuant to the Ground Lease. The foregoing election is coupled with an interest and shall be irrevocable as long as the Indebtedness, or any part thereof, remains outstanding. 25 (Grand Island, Hall County, Nebraska) 10476803.5 14451-2246