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ARTICLE XIII : ACCESS BY CITY <br /> At any time during the term hereof City or City's agents <br /> shall have the right to enter the Leased Premises on reasonable <br /> notice to examine the same. Nothing contained herein shall be <br /> construed to impose upon City any duty of repair of the Leased <br /> Premises. <br /> 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 Leaser 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 in an <br /> amount not to exceed $1, 291, 500 the proceeds of which shall be <br /> used solely to finance the initial construction of the <br /> Improvements from an ' Institutional Lender. "Institutional <br /> Lender" shall mean a bank, savings and loan association, pension <br /> or profit sharing plan, insurance company, mortgage company, and <br /> other similar institution engaged in the business of making <br /> loans. Any such assignment, mortgage or encumbrance shall be <br /> referred to herein as a "Leasehold Mortgage, " and the holder of <br /> any such Leasehold Mortgage shall be referred to herein as a <br /> "Leasehold Mortgagee. " Lessee shall punctually make all payments <br /> -10- D0T440 91/09/24 <br />