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I l. Limitation of Liabiliry. Notwithstanding any of the provisions contained in this Agreement,tn.ffiligationundertheGioundLease,evenifLenderforeclosesonits ,"i*ity interest, unless said Lender notifiis the Landlord in writing that it desires to substitute itself as Tenant. Until Lender makes that election, said Lender may cure any and all defaults to keep said Lease current so as to preserve the Lender's right to make an eleition to be substituted as Tenant at some later date. 12. Fire Insurance. The paragraph in the Ground Lease relative to fire insurance shall be modified as follows: r.*nt .t utt at all times carry, atits own expense, fire insurance and extended ""r"rug" on all buildinj. "on.t*"t"d on the leasehold estate in the amount of not less than 80% of the actual cash value, with?*puny acceptable to Landlord and Lender. Any such policy shall name Landlord and Lender as the insurlds, with loss payable to the Landlord and Lender as their interests may uoo;. Tenant shall provide evidence of such in*run"" to the Landlord. Said policy shall provide that ,tiJpori"y may not be cancelled without the company first giving Landlord and Lender at least thirly (30) J"vi' *ritt"n notice prior to cancellation. No such policy shall contain a deductible clause greater than $1,000.00 per claim. In the event of loss, Tenant shall pay such deductible sum. Landlord may, with "pirr"""i "i the Lender and with the consent of Tenant, cover said buildings on a master fire insurance ;"t- and charge Tenant its share of the premium, which share of the premium shall be paid within ten (10) days after demand. Failure to comply with any terms of this paragraph shall be considered a material breach of the Ground Lease. 13. Application of Insurance Proceeds in the Event Qf I-oss. The provisions in the original GroundLeasedealing@ceisamendedasfollows:Inthecaseofaloss covered by insurance set forth in tie preceding paragraph, whether total or partial, and subject to the terms and conditions of any secured instrumeiti on iaid premises relating to the application of insurance ;;;;;, Tenant shall exert its best efforts to have the iniurance proceeds applied to a reconstruction or i.p"i, "f rfr" loss or damage to improvements. If Tenant elects not to rebuild, the proceeds of any inlurun"" payable shall be-distributed, first to the retirement of any security interest on the improvements, and the balance rfraff UL puvaUle to Landlord. Tenant shall give notice of any loss to Landlord and Lender immediately and of intention to rebuild within sixty (60) days-of loss. If Tenant fails to give notice of intention to rebuild *ithin the time specified, t-andloia shali then have the option to rebuild and shall give Lender and Tenant noti* in writing of such lntention within one hundred twenty days (120) after ;.;;ilirg written notice of loss from Tenant, subject to sugh policy conditions goveming the replacement cost provisions of any such policy. Ifeitler Lanilord or Tenant elects to rebuild as above provided, such p"rty rtr"riinitiate the work of such rebuilding or repairing without delay' If both Landlord and Tenant ili i.giur notice of intention to rebuild withi-n the iime specified, both Landlord and Tenant shall have ifr" iigfi, to declare the Lease terminated by written notice served upon the other parly by mail as in the G;;;J Lease provided. It is understood that if Tenant sublets the premises with the prior written consent ofLandlord, and passes the expense offire, earthquake or other casualty insurance or ofliability insurance on to its subtenant, tiren it will require uil intutun"" policies to name Landlord, Lender and Tenant as insured parties as their interests may appear. Any- sublease shall contain the exact provisionsof itl, ugr""*.nt as io the standards applied to ti-re setection of the insurer and in the amount and nature of ;;;;g" prior to the termination of the Ground Lease, either by expiration of the term or by notice as provided in the Ground Lease, rent for the premises shall not abate as between Landlord and Tenant in the ivent of loss or destruction of any buildings placed on the premises. 14. Removal of property. The provisions in the Ground Lease relating to removal of property shall be amended as follows: SUBORDINATION OF REVERSIONARY INTEREST (ELLENSBURG) 121 8'1 -5487 ILEG AL124047 121 .2 PAGE 6