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<br />powers, duries and privileges of the predecessor trustee, without the necessity of any conveyance from such
<br />predecessor.
<br />Section 7.5 Waiver of Jury Trial. TO TI� FULLEST EXTENT PERNIITTED BY LAW,
<br />BORROWER AND LENDER HEREBY WAIVE 'TI�IIZ RESPECTIVE RIGHT TO TRIAL BY JURY IN ANY
<br />ACTION, PROCEEDING AND/OR HEARING ON ANY MATTER WHATSOEVER ARISING OUT OF, OR IN
<br />ANY WAY CONNECTED WITH, TI� NOTE, THIS DEED OF TRUST OR ANY OF TI� LOAN
<br />DOCUMENTS, OR THE ENFORCEMENT OF ANY REMEDY UNDER ANY LAW, STATUTE, OR
<br />REGULATION. NEITHER PARTY WII,L SEEK TO CONSOLIDATE ANY SUCH ACTTON IN WHICH A
<br />NRY HAS BEEN WAIVED, WITH ANY OTI-�R ACTTON IN WHICH A NRY TRIAL CANNOT OR HAS
<br />NOT BEEN WAIVED. EACH PARTY HAS RECEIVED TI� ADVICE OF COUNSEL WITH RESPECT TO
<br />THIS WAIVER.
<br />Section 7.6 Intercreditor Agreemen� The terms of this Deed of Trust, any lien and security interest
<br />granted to the Beneficiary pursuant to this Deed of Trust and the exercise of any right or remedy by the Beneficiary
<br />hereunder are subject to the provisions of the Intercreditor Agreement (as defined in the Loan Agreement). In the
<br />event of any inconsistency between the provisions of this Deed of Trust and the Intercreditor Agreement, the
<br />provisions of the Intercreditor Agreement shall supersede the provisions of this Deed of Trust.
<br />ARTICLE 8— GROUND LEASE PROVISIONS
<br />Section 8.1 Ground Lease Provisions.
<br />(a) 'I'he Trustor wa.rrants that the Grouad Lease is in full force and efFect, that the Ground Lease has
<br />not been amended or modified, that neither the Trustor nor the Ground Lessor thereunder aze in default in their
<br />respective obligations under the Ground Lease, that neither Trustor nor the Ground Lessor have commenced any
<br />action or given or received any notice for the purpose of terminating the Gmund Lease, and that Trustor's execurion
<br />and delivery of this Deed of Trust, the Note, and any other loan documents does not and will not violate any of the
<br />terms of the Ground Lease. The Trustor sha11 pay the rent reserved by the Ground Lease as the same becomes due
<br />and promptly perform and comply with all of the covenants, agreements obligations and conditions under the
<br />Ground Lease and do all things necessary to preserve and keep unimpaired its rights thereunder. The Trustor sha11
<br />give prompt written notice to the Beneficiary of any default by Trustor in its performance of its obligations under the
<br />Ground Lease and shall pmmptly forward to Beneficiary copies of any notices which the Trustor receives from the
<br />Ground Lessor claiming any default by Trustor in complying with the obligations under the Ground Lease. If
<br />requested by Beneficiary, the Trustor will use all reasonable efforts to obtain estoppel certificates from the Ground
<br />Lessor stating (i) that the Ground Lease is unmodified and in full force and effect, or, in the event the Ground Lease
<br />has been modified, the nature of such modification, (ii) that the Trustor is not in default in its performance of its
<br />obligations under the Ground Lease, or, in the event the Trustor is in default, the nature of such default, and (iii) the
<br />last date on which the rent was paid and the amount of such payment. When requested by Beneficiary, the Trustor
<br />will promptly furnish proof of payment of all items which the Trustor is obligated to pay pursuant to the terms of the
<br />Ground Lease.
<br />(b) Trustor will promptly notify Beneficiary in writing of the commencement of a proceeding under the
<br />federal bankruptcy laws by or against Trustor or Ground Lessor under the Ground Lease. If any of the indebtedness
<br />secured hereby remains unpaid at the time when notice may be given by the lessee under the Ground Lease of the
<br />exercise of any right to renew or extend the term of the Ground Lease, Trustor will promptly give notice to the
<br />Ground Lessor of the exercise of such right of extension or renewal.
<br />(c) Trustor will not surrender the Ground Lease or Trustor's leasehold estate and interest therein, nor
<br />terminate or cancel the Ground Lease; and will not, without the prior written consent of Beneficiary modify, change,
<br />supplement, alter or amend the Ground Lease, either orally or in writing. As further security for the repayment of
<br />the indebtedness hereby secured and for the performance of the covenants, agreements, obligarions and conditions
<br />herein and in the Ground Lease contained, Trustor hereby assigns to Beneficiary all of its rights, privileges and
<br />prerogatives as lessee under the Ground Lease to terminate, cancel, modify, change, supplement, alter or amend the
<br />Ground Lease and any such termination, cancellarion, modification, change, supplement, alteration or amendment of
<br />the Ground Lease, without the prior wtitten consent thereto by Beneficiary, shall be void and of no force and efFect.
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