OF THE OBLIGATIONS, ALL OF GRANTOR'S RIGHTS AND PRIVILEGES AS LESSEE
UNDER THE MASTER LEASES TO TERMINATE, CANCEL, SURRENDER, MODIFY, CHANGE,
SUPPLEMENT, EXTEND, RENEW OR AMEND THE MASTER LEASES, AND ANY SUCH TERMINATION,
CANCELLATION, SURRENDER, MODIFICATION, CHANGE, SUPPLEMENT, EXTENSION, RENEWAL OR
AMENDMENT OF THE MASTER LEASES WITHOUT THE PRIOR WRITTEN CONSENT OF BENEFICIARY
(EXCEPT AS HEREINABOVE PROVIDED) SHALL, AT BENEFICIARY'S OPTION, BE VOID AND OF
NO FORCE AND EFFECT;
(VI)
GRANTOR WILL, WITHIN TEN (10) DAYS AFTER DEMAND FROM BENEFICIARY,
OBTAIN FROM THE LESSORS UNDER THE MASTER LEASES AND DELIVER TO BENEFICIARY A
CERTIFICATE THAT THE MASTER LEASES ARE UNMODIFIED AND IN FULL FORCE AND EFFECT
AND THE DATE TO WHICH THE FEES, ROYALTIES, RENTALS, ADDITIONAL RENTALS AND OTHER
CHARGES PAYABLE THEREUNDER HAVE BEEN PAID, AND STATING WHETHER TO THE LESSOR'S
KNOWLEDGE GRANTOR IS IN DEFAULT IN THE PERFORMANCE OF ANY COVENANTS, AGREEMENTS
OR CONDITIONS CONTAINED IN THE MASTER LEASES AND, IF SO, SPECIFYING SUCH
DEFAULT;
(VII)
THE MASTER LEASES ARE VALID AND IN FULL FORCE AND EFFECT IN
ACCORDANCE WITH THEIR TERMS WITHOUT MODIFICATION AND NO DEFAULT UNDER THE MASTER
LEASES HAS OCCURRED AND IS CONTINUING;
(VIII)
THE EXECUTION AND DELIVERY OF THIS DEED OF TRUST IS PERMITTED
UNDER THE MASTER LEASES;
(IX)
PROMPTLY UPON THE REQUEST OF BENEFICIARY, GRANTOR SHALL DELIVER
TO BENEFICIARY TRUE, CORRECT AND COMPLETE COPIES OF ALL OF THE MASTER LEASES;
(X)
AS OF THE DATE HEREOF, ALL OF THE FEES, ROYALTIES, RENTALS,
ADDITIONAL RENTALS AND OTHER CHARGES PAYABLE UNDER THE MASTER LEASES PRIOR TO
THE DATE HEREOF HAVE BEEN PAID;
(XI)
IN NO EVENT SHALL GRANTOR DO OR PERMIT TO BE DONE, OR OMIT TO DO
OR PERMIT THE OMISSION OF, ANY ACT OR THING THAT WOULD CONSTITUTE GROUNDS FOR
THE IMPAIRMENT, FORFEITURE OR TERMINATION OF ANY INTERESTS (IN WHOLE OR IN PART)
OR IN GRANTOR'S USE THEREOF, WHICH IN BENEFICIARY'S DETERMINATION IS BENEFICIAL
TO THE OPERATION OF GRANTOR'S BUSINESS; AND
7
(XII)
IF THE TERM OF ANY OF THE MASTER LEASES IS SCHEDULED TO EXPIRE
PRIOR TO THE PAYMENT IN FULL OF THE OBLIGATIONS AND ALL INTEREST AND OTHER
CHARGES THEREON AND GRANTOR HAS THE OPTION TO RENEW SUCH TERM, GRANTOR SHALL
EFFECTIVELY EXERCISE SUCH OPTION AND DELIVER TO BENEFICIARY PROOF OF SUCH
EXERCISE, AT LEAST THIRTY (30) DAYS BEFORE THE EXPIRATION OF THE PERIOD DURING
WHICH SUCH OPTION MAY BE EXERCISED, AND GRANTOR HEREBY IRREVOCABLY APPOINTS
BENEFICIARY AS ITS ATTORNEY-IN-FACT, COUPLED WITH AN INTEREST TO EXERCISE ANY
SUCH OPTIONS WITHIN SUCH THIRTY (30) DAY PERIOD IF BENEFICIARY HAS NOT
THERETOFORE EXERCISED SAME.
(B)
GRANTOR SHALL, UPON WRITTEN REQUEST OF BENEFICIARY, CAUSE EACH FEE
OWNER OF THE INTERESTS (INCLUDING, WITHOUT LIMITATION, THE STATE OF MISSOURI AND
THE FEDERAL GOVERNMENT, AS APPLICABLE) TO BE PROPERLY NOTIFIED IN WRITING OF THE
ASSIGNMENT MADE OR PROPOSED TO BE MADE HEREBY AND HAS OBTAINED OR SHALL OBTAIN,
FROM EACH SUCH OWNER WHOSE CONSENT IS REQUIRED, A CONSENT TO ASSIGNMENT IN A
FORM SATISFACTORY TO BENEFICIARY.
(C)
NO RELEASE OR FORBEARANCE OF ANY OF GRANTOR'S OBLIGATIONS IN