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ARTICLE XIV: SURRENDER OF PREMISES <br /> At the expiration or sooner termination of this Ground <br /> Lease, Lessee shall return the Leased Premises to City in its <br /> condition following completion of the Improvements, reasonable <br /> wear and tear and damage by fire or other casualty excepted. <br /> Lessee's obligation to perform this covenant shall survive the <br /> expiration or termination of this Ground Lease. <br /> ARTICLE XV: QUIET ENJOYMENT <br /> Lessee, upon fully complying with and promptly performing <br /> all of the terms, covenants and conditions of this Ground Lease <br /> on its part to be performed, shall have and quietly enjoy the <br /> Leased Premises for the term set forth herein. <br /> ARTICLE XVI: LEASEHOLD MORTGAGES <br /> 16. 1 Construction Financing. During the term of this <br /> Ground Leases Lessee shall not encumber its leasehold interest in <br /> the Leased Premises or its fee interest in the Improvements <br /> without the prior written consent of City. Lessee may in order <br /> to finance construction of the Improvements and with the prior <br /> written consent of City, assign, mortgage or encumber its <br /> interest in this Ground Lease, the Leased Premises, and the <br /> Improvements pursuant to a mortgage, deed of trust, assignment of <br /> lease, or other similar security instrument, as security for the <br /> payment of a Qualifying Loan to Lessee, provided, however, that <br /> the interest of City shall not be subject to any mortgage, deed <br /> of trust or other encumbrance and any such mortgage deed of trust <br /> or other encumbrance shall at all times be subject to the terms <br /> and conditions of, and the rights of City under, this Ground <br /> Lease and the Lease. "Qualifying Loan" shall mean a loan from an <br /> Institutional Lender in an amount not to exceed $1, 684, 173 the <br /> proceeds of which shall be used solely to finance the initial <br /> construction of the Improvements from an Institutional Lcndcr. <br /> "Institutional Lender" shall mean a bank, savings and loan <br /> association, pension or profit sharing plan, insurance company, <br /> mortgage company, or and other similar institution engaged in the <br /> business of making loans. Any such assignment, mortgage or <br /> encumbrance shall be referred to herein as a "Leasehold <br /> Mortgage, " and the holder of any such Leasehold Mortgage shall be <br /> referred to herein as a "Leasehold Mortgagee." Lessee shall <br /> punctually make all payments required to be made under any such <br /> Leasehold Mortgage or mortgage, or any of thc other related loan <br /> documents, and punctually fulfill all other obligations required <br /> to be fulfilled by the grantor or mortgagor thereunder, so that <br /> the same shall always be in good standing and free of default or <br /> any threat thereof. Upon request of City, Lessee shall, within <br /> five (5) days after any payment is due and payable under any <br /> Leasehold Mortgage, or any of thc other related loan documents, <br /> furnish to City a written statement that the same has been paid, <br /> together with a copy of the check used in payment therefor. <br /> A-13 KR172 92/01/27 <br />