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(c) Notwithstanding anything to the contrary contained within this paragraph 6, in the event <br />that a Major Condemnation (as defined in the Lease) shall affect the Mortgaged <br />Property as provided in Part II, Section 14 of the Lease, and Lessee serves Tenant's <br />Termination Notice (as defined in the Lease) and makes a Rejectable Offer (as defined <br />in the Lease) to purchase all of Borrower's right and interest in and to the net award <br />payable to Borrower by the condemning authority for the portion of the Mortgaged <br />Property subject to the Major Condemnation, together with any cause of action against <br />the condemning authority with respect to such Major Condemnation, for a price equal to <br />the Condemnation Termination Payment (as defined in the Lease), Borrower shall, at its <br />option, either (i) accept the Rejectable Offer or (ii) reject the Rejectable Offer, provided <br />that Borrower shall in no event reject the Rejectable Offer unless immediately prior to <br />such rejection becoming effective, Borrower pays the Debt in full (excluding the <br />Prepayment Consideration or other prepayment consideration), in which case Lender <br />shall give its consent to the rejection to Lessee, and the rights of Lender to any such <br />condemnation award and causes of action shall be assigned to Borrower. If the <br />Rejectable Offer is accepted, the Condemnation Termination Payment shall be used by <br />Borrower to prepay the Debt in full (without Prepayment Consideration or other <br />prepayment consideration) in immediately available funds in accordance with the terms <br />of the Note. <br />7. The Lease. <br />1004 <br />instruments sufficient for the purpose of assigning any such award or payment to <br />Lender, free and clear of any encumbrances of any kind or nature whatsoever. <br />(a) Borrower, by this Security Instrument and the Assignment, has absolutely and <br />unconditionally assigned to Lender, all of Borrower's right, title and interest in the <br />Lease, the Other Leases and the Rcnts (other than Excepted Rights and Excepted <br />Payments as specifically set forth in the Assignment), it being intended by Borrower <br />that such assignment constitutes a present, absolute assignment, subject to the terms and <br />conditions of the Assignment. Borrower represents to Lender that, as of the date hereof, <br />(i) the Lease is in full force and effect, (ii) a true and correct copy of the Lease as <br />amended to the date hereof has been delivered to Lender, (iii) Borrower and, to the best <br />of Borrower's knowledge, Lessee, is not in default under any of the terms, covenants or <br />conditions of the Lease, (iv) Borrower has not delivered to, or received from the Lessee <br />any notice of default under the Lease, and (v) all rents due and payable under the Lease, <br />including all Additional Rent (as defined in the Lease), have been paid in full. <br />(b) Borrower agrees with Lender that Borrower (i) shall observe and perform all the <br />obligations imposed upon the Borrower as lessor under the Lease, keep the Lease in full <br />force and effect and shall not do or permit to be done anything to impair the value of the <br />Lease as a security for the Debt; (ii) shall promptly send copies to Lender of all notices <br />of default which Borrower shall send or receive thereunder; (iii) subject to clause (vii) <br />below, shall enforce all of the terms, covenants and conditions contained in the Lease <br />upon the part of the Lessee thereunder to be observed or performed, short of termination <br />thereof; (iv) shall not execute any other assignment of lessor's interest in the Lease <br />(other than as permitted and in accordance with the terms of paragraph 9 hereof); (v) <br />- 15 - <br />