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18 <br />4860-6036-3710v2 <br />b. Second, the remaining balance of all other Secured Obligations in any <br />order and proportions as Beneficiary in its sole discretion may choose. <br /> 8.4 Trustor’s Right to Reinstate. Notwithstanding Beneficiary’s acceleration of the <br />sums secured by this Deed of Trust, Trustor shall have the right to have any proceedings begun <br />by Beneficiary to enforce this Deed of Trust discontinued at any time prior to five days before <br />sale of the Property pursuant to the power of sale contained in this Deed of Trust or at any time <br />prior to entry of a judgment enforcing this Deed of Trust if: (a) Trustor pays Beneficiary all sums <br />which would be then due under the City Documents if the Secured Obligations had no <br />acceleration provision; (b) Trustor cures all breaches of any other covenants or agreements of <br />Trustor contained in this Deed of Trust; (c) Trustor pays all reasonable expenses incurred by <br />Beneficiary and Trustee in enforcing the covenants and agreements of Trustor contained in this <br />Deed of Trust, and in enforcing Beneficiary’s and Trustee’s remedies as provided herein, <br />including, but not limited to, reasonable attorney’s fees; and (d) Trustor takes such action as <br />Beneficiary may reasonably require to assure that the lien of this Deed of Trust, Beneficiary’s <br />interest in the Property and Trustor’s obligation to pay the sums secured by this Deed of Trust <br />shall continue unimpaired. Upon such payment and cure by Trustor, this Deed of Trust and the <br />obligations secured hereby shall remain in full force and effect as if no acceleration had <br />occurred. <br /> <br />9. Trustor’s Waivers. To the fullest extent permitted by law, Trustor waives: (a) all statutes <br />of limitations as a defense to any action or proceeding brought against Trustor by Beneficiary; <br />(b) the benefit of all laws now existing or which may hereafter be enacted providing for any <br />appraisement, valuation, stay, extension, redemption or moratorium; (c) all rights of marshalling <br />in the event of foreclosure; and (d) all presentments, demands for performance, notices <br />of nonperformance, protests, notices of protest, notices of dishonor, notices of acceptance of this <br />Deed of Trust and of the existence, creation, or incurring of new or additional indebtedness, and <br />demands and notices of every kind. <br /> <br />10. Leasehold Mortgagee Provisions. <br /> <br />10.1 The provisions of this Section 10 shall apply for so long as any portion of the <br />Property consists of Trustor's interest as tenant under the Ground Lease defined and described in <br />Recital A. As used in this Section 10, the term “Ground Lease” means the Ground Lease and <br />any extension, renewal or replacement thereof. The lien of this Deed of Trust shall encumber all <br />of Trustor's rights and interests under and in connection with the Ground Lease, including <br />without limitation renewal and extension rights and purchase options (if any), all of which rights <br />shall be collectively referred to herein as the “Leasehold.” <br /> <br />10.2 Intentionally omitted. <br /> <br />10.3 Unless Beneficiary otherwise consents in writing, so long as any Secured <br />Obligation remains outstanding, neither the fee title to, nor any other estate or interest in, the <br />property subject to the Ground Lease shall merge with any leasehold, notwithstanding the union <br />of such estates in the landlord or the tenant or in a third party. Any acquisition of the landlord's <br />interest in the Ground Lease by Trustor or any affiliate of Trustor shall be accomplished in such <br />Page 106 of 720