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conditions, and restrictions set forth in this Lease and to all rights and interests of Lessor, none of which
<br />covenants, conditions, restrictions, rights, or interests is or shall be waived by Lessor by reason of the
<br />~ right given to mortgage or grant a security interest in Lessee's interest in this Lease and the Premises and
<br />the Improvements, except as expressly provided otherwise.
<br />21.2 Any mortgage or sale-leaseback financing arrangement made pursuant to this section
<br />is referred to as a"Permitted Leasehold Mortgage," and the holder of or secured party under a
<br />Permitted Leasehold Mortgage is referred to as a"Permitted Leasehold Mortgagee." The Permitted
<br />Leasehold 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 />Mortgage and a Permitted Leasehold Mortgage that is second in priority in lien or interest among those
<br />in effect are both held by the same Permitted Leasehold Mortgagee, the two Permitted Leasehold
<br />Mortgages are collectively referred to as the "First Leasehold Mortgage." A"Permitted Leasehold
<br />„
<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 />require. The words Lending Institution, as used in this Lease, mean any commercial, national, or savings
<br />bank, savings and loan association, trust company, pension trust, foundation, or insurance company, and
<br />any other entity, person, corporation, partnership, or otherwise making a loan on the security of Lessee's
<br />interest in this Lease or all or any part of the Improvements.
<br />21.3 If a Permitted Leasehold Mortgagee sends to Lessor a true copy of its leasehold
<br />mortgage, together with written notice specifying the name and address of the Permitted Leasehold
<br />Mortgagee, then as long as such Permitted Leasehold Mortgage remains unsatisfied of record or until
<br />written notice of satisfaction is given by the holder to Lessor, the following provisions shall apply (in
<br />respect of such Pernutted Leasehold Mortgage and of any other Permitted Leasehold Mortgages):
<br />( a) Except as expressly provided otherwise below, there shall be no cancellation,
<br />termination, surrender, acceptance of sunender, amendment, or modification of this Lease without in
<br />each case 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 m
<br />the Premises.
<br />(b) Lessor shall, upon serving Lessee with any notice, whether of default or any
<br />other matter, simultaneously serve a copy of such notice on the Pemutted Leasehold Mortgagee, and no
<br />such notice to Lessee shall be deemed given unless a copy is so served on the Permitted Leasehold
<br />Mortgagee in the manner provided in this Lease 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 been done by Lessee. Each notice
<br />of default given by Lessor will state the amounts of whatever Rent are then claimed to be in default.
<br />( d) If Lessor elects to terminate this Lease by reason of any default of Lessee, the
<br />Permitted Leasehold 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 ternunation of this Lease as fixed by
<br />Lessor in its notice of termination, for a period of six months, provided that the Permitted Leasehold
<br />Mortgagee shall cure or cause to be cured any then-existing 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 or sell Lessee's interest in this Lease by foreclosure of the Permitted Leasehold Mortgage or
<br />otherwise and shall prosecute the same to completion with all due diligence. If, at the end of the six-
<br />month period, the Pernutted Leasehold Mortgagee is actively engaged in steps to acquire or sell Lessee's
<br />interest, the time of the Permitted Leasehold Mortgagee to comply with the provisions of this Section 21
<br />Ground Lease Courthouse Square
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