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<br />~ 21.2 Any mortgage or sale-leaseback financing arrangement made pursuant to this section
<br />' is referre;d to as a"Permitted Leasehold Mortgage," and the holder of or secured party under a
<br />. Permitteci Leaseho7d Mortgage is referred to as a"Pernutted Leasehold Mortgagee." The Permitted
<br />~ Leasehol~d Mortgage that is prior in lien or interest among those in effect is referred to as the "First
<br />Leasehold Mortgage," and the holder of or secured party under the First Leasehold Mortgage is
<br />~ referred to as the "First Leasehold Mortgagee." For the purposes of any rights created under this section,
<br />,~ ~ any so-called wraparound lender shall be considered a First Leasehold Mortgagee. If a First Leasehold
<br />If t Mortgage: and a Permitted Leasehold Mortgage that is second in priority in lien or interest among those
<br />in effect aze both held by the same Permitted Leasehold Mortgagee, the two Permitted I,easehold
<br />Mortgages aze collectively referred to as the "First Leasehold Mortgage." A"Pernutted Leasehold
<br />' Mortgage" includes, without limitation, mortgages and trust deeds as well as financing statements,
<br />security agreements, sale-leaseback instrumentation, and other documentation that the lender may
<br />~ I' e words Lendin Institution as used in this Lease, mean an commercial, national, or savings
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<br />ban~k, sawings and loan association, tcust company, pension trust, founda~tion, or insurance company, and
<br />any othe~~ entity, person, corporation, partnership, or otherwise making a loan on the security of Lessee's
<br />~~ interest in this I.ease or all or any part of the Improvements.
<br />21.3 If a Permitted Leasehold Mortgagee sends to Lessor a trae copy of its leasehold
<br />mortgage:, together with written notice specifying the name and address of the Pernutted Leasehold
<br />Mortgage.e, then as l~ng as such Permitted Leasehold Modgage remains unsatisfied of record or until
<br />written notice of satisfaction is given by the holder to Lessor, the following provisions shaH apply (in
<br />respect of such Permitted Leasehold Mortgage and of any other Permitted Leasehold Mortgages):
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<br />( a) Except as ezpressly provided otherwise below, there shall be no cancellation,
<br />terminati~n, surrender, acceptance of surrender, amendment, or modification of this Lease without in
<br />` each cas~ the prior consent in writing of the Permitted Leasehold Mortgagee. Nor shall any merger
<br />.~ result from the acquisition by, or devolution upon, any one entity of the fee and the leasehold estates in
<br />the Prem.~ses.
<br />(b) Lessor shall, upon serving Lessee with any notice, whether of default or any
<br />other ma~tter, simultaneously serve a copy of such notice on the Permitted I.easehold Mortgagee, and no
<br />such notxce to Lessee shall be deemed given unless a copy is so served on the Pernutted Leasehold
<br />Mortgag~e in the manner provided in this I;ease for giving notices.
<br />(c) In the event of any default by Lessee under this Lease, each Permitted
<br />Leasehold Mortgagee has the same period as Lessee has, plus 30 days, after service of notice on it of
<br />such default, to remedy or cause to be remedied or commence to remedy and complete the remedy of
<br />the default complained of for such default, and Lessor shall accept such performance by or at the
<br />instigation of such Permitted Leasehold Mortgagee as if the same had be~n done by Lessee. Each notice
<br />of defaul~ given by I,essor will state the amounts of whatever Rent are then claimed to be in default.
<br />~~ (d) ff Lessor elects to terminate this Lease by reason of any default of Lessee, the
<br />Pernutted I.easehold Mortgagee, in addition to the rights granted under the preceding Section, shall also
<br />~ have the right to postpone and extend the specified date for the termination of this Lease as fixed by
<br />Lessor i~r its notice of termination, for a period of six months, provided that the Pernritted Leasehold
<br />Mortgag~ shall cure or cause to be cured any then-euisting defaults in payment of Rent and meanwhile
<br />. pay the Rent, and provided further that the Permitted Leasehold Mortgagee shall forthwith take steps to
<br />acquire c-r sell Lessee's interest in this Lease by foreclosure of the Permitted Leasehold Mortgage or
<br />~~ otherwis~ and shall prosecute the same to compietion with all due diligence. If, at the end of the six-
<br />month pe:riod, the Permitted Leasehold Mortgagee is actively engaged in steps to acquire or sell Lessee's
<br />~ interest, the time of the Permiited Leasehold Mortgagee to comply with the provisions of this Section 21
<br />~ shall be extended for such period as is reasonably necessary to complete such steps with reasonable
<br />~~ diligence and continuity.
<br />{ e) Lessor agrees that the name of the Permitted Leasehold Mortgagee may be
<br />added to the "Loss Payable Endorsement" of any and all insurance policies required to be carried by
<br />Lessee o~r Lessor.
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<br />North F'ad Ground Lease Courthouse Square
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