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under this Lease, or (c) the leasehold interest, estate or rights <br /> of the City as lessee under the Lease, merge with any interest, <br /> estate or rights of City as the fee owner of the Leased Premises <br /> and the lessor under this Ground Lease, or of Lessee as Lessor <br /> under the Lease, it being understood that such leasehold <br /> interest, estate and rights of Lessee hereunder, and of the <br /> holder of any Leasehold Mortgage upon Lessee's rights under this <br /> Lease, and of the leasehold interest, estate and rights of City <br /> as sublessee under the Lease, shall be deemed to be separate and <br /> distinct from City's interest, estate and rights as fee owner of <br /> the Leased Premises, and lessor under the Ground Lease and <br /> Lessee's interests as Lessor under the Lease, in or to the Leased <br /> Premises, notwithstanding that any such interests, estates or <br /> rights shall at any time or times be held by or vested in the <br /> same person, corporation or other entity. <br /> 19.8 Governing Law, Time. This Ground Lease and the rights <br /> of the parties hereto shall be governed and construed in <br /> accordance with the laws of the State of Washington. Time is of <br /> the essence of this Ground Lease. <br /> IN WITNESS WHEREOF, the parties hereto have executed this <br /> instrument the day and year first above set forth. <br /> THE CITY OF EVERETT, <br /> WASHINGTON, as Lessor <br /> By <br /> Mayor <br /> ATTEST: APPROVED AS TO FORM: <br /> By By <br /> City Clerk City Attorney <br /> [City Seal] <br /> LUMPKIN, INC. , as Lessee: <br /> By: <br /> Title: <br /> -15- D0T440 91/09/24 <br />