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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 Lease 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 /> required to be made under any such Leasehold Mortgage or <br /> mortgage, or any of the other loan documents, and punctually <br /> fulfill all other obligations required to be fulfilled by the <br /> grantor or mortgagor thereunder, so that the same shall always be <br /> in good standing and free of default or any threat thereof. Upon <br /> request of City, Lessee shall, within five (5) days after any <br /> payment is due and payable under any Leasehold Mortgage, or any <br /> of the other loan documents, furnish to City a written statement <br /> that the same has been paid, together with a copy of the check <br /> used in payment therefor. <br /> -9- DRS231 90/12/11 <br />