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��°��RDfD �` � 0 �-10 4 91 � 20Y1n55�� (d) Without limiting the generality of the foregoing, Trustor will not reject the Ground Lease pursuant to 11 U.S.C. Section 365(a) or any successor law, or allow the Ground Lease to be deemed rejected by inaction and lapse of time, and will not elect to treat the Ground Lease as terminated by the Ground Lessor's rejeetion of the Ground Lease pursuant to 11 U.S.C. Section 365(h)(1) or any successor law, and as further security for the repayment of the indebtedness secured hereby and for the performance of the covenants, agreements, obligations and conditions herein and in the Ground Lease contained, Trustor hereby assigns to Beneficiary all of the rights, privileges and prerogatives of Trustor and the Trustor's bankniptcy trustee to deal with the Ground Lease, which right may arise as a result of the commencement of a proceeding under the federal banlmiptcy laws by or against Trustor or Ground Lessor under the Ground Lease, including, without limitation, the right to assume or reject, or to compel the assumption or rejection of the Ground Lease pursuant to 11 U.S.C. Section 365(a) or any successor law, the right to seek and obtain extensions of time to assume or reject the Ground Lease, the right to elect whether to treat the Ground Lease as terminated by the Ground Lessor's rejection of the Ground Lease or to remain in possession of the Mortgaged Properiy and offset damages pursuant to 11 U.S.C. Section 365(h)(1) or any successor law; and any exercise of such rights, privileges or prerogarives by Trustor or Trustor's bankruptcy trustee without the prior written consent thereto by Beneficiary shall be void and of no force and efFect. (e) As further security for Beneficiary, Trustor hereby agrees to deposit with Beneficiary a duplicate original of the Ground Lease and all supplements thereto and amendments thereof, to be retained by Beneficiary unril the indebtedness secured hereby is fully paid. No release or forbearance of any of the Trustor's obligations as lessee under the Ground Lease, whether pursuant to the Ground Lease or otherwise, shall release Trustor from any of its obligarions under this Deed of Trust, including, but not limited to, Trustor's obligations with respect to the payment of rent as provided for in the Ground Lease and the observance and performance of all of the covenants, agreements, obligations and conditions contained in the Ground Lease to be observed and performed by the lessee thereunder. Trustor hereby expressly grants to Beneficiary, and agrees that Beneficiary shall have, the absolute and immediate right to enter in and upon the Mortgaged Property or any part thereof to such extent and as often as Beneficiary, in its sole discretion, deems necessary or desirable in order to prevent or to cure any such default by Trustor. Beneficiary may pay and eupend such sums of money as Beneficiary, in its sole discretion, deems necessary for any such purpose, and Trustor hereby agrees to pay to Beneficiary, immediately and without demand, all such sums so paid and expended by Beneficiary, together with interest thereon from the date of each such payment at the rate then prevailing under the Note hereby secured. All sums so paid and expended by Beneficiary, and the interest thereon, shall be added to and be secured by the lien of this Deed of Trust. Unless Beneficiary shall otherwise expressly consent in writing, the fee title to the Land demised by the Ground Lease and the leasehold estate thereunder shall not merge, but shall always remain sepazate and distinct, notwithstanding the union of such estates either in the Trustor or in a third party by purchase or otherwise. [NO FURTI�R TEXT ON PAGE] DOCS/1045503.1 22