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<br />....... <br />o <br />--t <br />C\! <br />o <br />l'- <br />o <br />o <br />C\l <br /> <br />shall degire tv _ ..1 the Leased Premises and shall rcc~h <br /> <br />,01\.;,'\ fide 0 ff() r for the <br /> <br />purchase thereof, the clos ing of which purchase being contemplated to occu,' prior <br /> <br />to the termination of this Lease, then, in such~ event, LESSEE shall have the option. <br /> <br />for a period of sixty (60) days after written notification from LESSOR, to accept the <br /> <br />terms and conditions of such offer. If the LESSEE fails to accept the said terms <br /> <br />r- <br />and conditions of sale within said sixty (60) day period, then the right of first re- <br /> <br />fusal granted hereby shall be of no further force and effect, and LESSOR shall be free <br /> <br />thereafter to sell such premises to such offeror. otherwise subject to this Lease. <br /> <br />Notwithstanding anything to the contrary in the foregoing Lease. in the event of <br /> <br />purchase of Leased Premises by LESSEE pursuant to this provision, the obligations <br /> <br />of LESSEE hereunder shall terminate and shall merge with delivery of the deed to <br /> <br />LESSEE. This Right of Firs t Refusal granted hereby to LESSEE shall be enforceable <br /> <br />against U:SSOR. his successors and assigns, including but being not limited to a <br /> <br />trustee in bankruptcy. receiver, fiduciary or any other court appointed representative. <br /> <br />iO.2 If LESSEE exercises his right of first refusal, then LESSOR shall <br /> <br />comply with paragraphs 12,3,4,6, i3. and 14 of the Real Estate Purchase Contract at- <br /> <br />tached hereto. marked Exhibit "A", and incorporated as if herein rewritten. The said <br /> <br />paragraphS 2.3,4,6,13 and 14 of said Exhibit 'A" become a part of this paragraph <br /> <br />10.2 and become requ irements of the parties as if herein written. <br /> <br />ARTICLE XI - SU BORDINATION <br /> <br />ll.i As a part of the consideration of this Lease and subject to the <br /> <br />reservations set forth hereinafter. LESSOR agrees to subordinate his interest in this <br /> <br />Lease to the lien of a first mortgage on the building to be constructed by LESSEE in <br /> <br />accordance with the provisions of this Lease for a cost of approximateiy $135,000.00. <br /> <br />The express purpose of such subordination shall be to enable said mortgagee to fully <br /> <br />exercise its rights in accordance with the terms of said mortgage, provided however. <br /> <br />that under no circumstances whatsoever shall this subordInation be construed so as <br /> <br />to allow said mortgagee to deprive LESSOR of his ownership of the underlying fee by <br /> <br />judiciai action or otherwise. unies s payment is made ,by said mortgagee to said LESSOR <br /> <br />under the terms and of an amount determined as set forth hereinafter. <br /> <br />11.2 In the event of defauit by the LESSEE in the performance of its <br /> <br />obligations pursuant to the provisi.ons of said mortgage on the building, LESSOR <br /> <br />hereby gives the rlght to the mortgagee to purchase the iand for "fair market value". <br /> <br />~\^,,~ f.. <br /> <br />(f l-r <br /> <br />-6- <br />