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6A4 revised/draft
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01-24-13
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6A4 revised/draft
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1/13/2014 11:42:58 AM
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NON <br />06 ...... <br />■ <br />._ <br />eammereially reasonable diligenee, to eufe sueh Pefault-.-Z27 West Jefferson Blvd <br />South Bend, IN ..0 <br />47-.15. Substitute Tenant Subiect to Mortgage. Landlord acknowledges and agrees that <br />any nomination, designation and substitution of any tenant under or pursuant to Section 13 of <br />Part I of the Ground Lease shall not result in any merger of the fee and leasehold estates and <br />shall not result in any discharge of the RBS Mortgage, and, in the event of any such substitution, <br />the substitute tenant shall be bound by the RBS Mortgage and the leasehold estate held by it <br />under the Ground Lease shall remain subject to the RBS Mortgage. Unless s,.eh substitute tenant <br />4-8-16. Lender New Lease Right. Landlord hereby covenants and agrees that upon any <br />termination of the Ground Lease for any reason, including, without limitation, as a result of a <br />default thereunder or as the result of the Ground Lease being rejected by Lessee in any <br />bankruptcy of the Lessee, Landlord shall provide notice to Lender. and Lender shall have <br />until right within anv time within six months from the date that is sixty (60) days (or sue' <br />lenger period as may be provided in Seetion 1401 of the Ground Lease4 ffam aftef Lendefis <br />ir .. <br />f written nati,... of ..,.eh te_fnination 4em Landlord h i - h h f such notice to elect <br />to enter into a new ground lease for the Premises. Any such new ground lease shall be upon the <br />same terms and conditions as provided for new ground leases under Section 1401(a) of Part II of <br />the Ground Lease; provided that it is expressly agreed that the lessee under any such new ground <br />lease shall have all of the options to extend set forth in Section 3 of Part I of the Ground Lease <br />and shall have the rights to acquire fee title to the Premises provide for in Section 2(h) of the <br />MOU and shall also have the rights to acquire a 30% interest in fee title to the Garage (as defined <br />in the MOU) as contemplated by the MOU and as provided for in the Operation, Maintenance <br />and Easement Agreement dated as of October 22, 1979, as amended by First Amendment thereto <br />dated as of January 12, 1982, Second Amendment thereto dated as of May 1, 1987, Third <br />5 <br />Error! Unknown document property name. <br />
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