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<br />'20070 210 1 <br /> <br />If a voluntary agreement between the LESSOR and suid mortgagee as to the "fair <br /> <br />market value" cannot be arrived at, three appraisers shall be selected to deter- <br /> <br />mine said "fair market value" of the land. One appraiser Is to be chosen by the <br /> <br />LESSOR, one by the mortgagee. and these two ap~)faisers are then to choose a third <br /> <br />appraiser. The cost of the appraisers shall be shared equallY by the parties. If <br /> <br />LESSOR is not satisfied with the "fair market value" as determined by said appraisers, <br />(tfl ' <br />LESSOR shall have the first option to payoff thel\rTlortgage oft said building, and <br /> <br />mortgagee shall assign all its right, titie and interest in and to said buUding to <br /> <br />LESSOR. <br /> <br />11.3 The Subordination Agreement to be executed by the LESSOR is <br /> <br />the one attached hereto. marked Exhibit "B" and incorporated as if herein rewritten. <br /> <br />ARTICLE XII - ASSIGNMENT AND SUBLEASE <br /> <br />or subiet any portion of the Leased Premises, without the prior written consent cf the <br /> <br />l2.1 The LESSEE shall not assign this Lease. in whole or in part. <br /> <br />LESSOR, provided that the LESSOR shall not unreasonably refuse such consent. <br /> <br />Notwithstanding the provisions hereof, LESSEE may at any time assign this Lease <br /> <br />to Wendy's International. Inc.. without LESSOR'S approval. <br /> <br />ARTICLE XlII - WASTE, GOVERNMENTAL REGULATION <br /> <br />13.1 The LESSEE shall not commit or suffer to be commited any <br /> <br />waste upon the Leased Premises or any nuisance or other act or thing thereon <br /> <br />which may disturb the ,quiet enjoyment of any person upon the Lease Premises, or <br /> <br />otherwise. <br /> <br />ARTICLE XN - CONDEMNATION <br /> <br />14. 1 If any part of the demised premises shall be taken or condemned <br /> <br />for a public or quasi-public use (or any transfer is made in lieu thereof). and a <br /> <br />part thereof remains which is suitable for the use contemplated hereunder, this <br /> <br />Lease shall. as to the part so taken. terminate as of the date title shall be taken <br /> <br />by the condemnor and the rent payable hereunder shall be adjusted so that the <br /> <br />LESSEE shall be required to pay for the remainder of the term only such portion of <br /> <br />such rental as the value of the part remaining after the condemnation hears to the <br /> <br />-. _.~------..-.--'-"..,.....-------~--- <br /> <br />-7- <br /> <br />r?-f J' <br /> <br />~~... <br />