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87 105313 <br />-10- <br />the Property free from all liens of persons supplying <br />labor and materials entering into the construction, <br />modification or repair of any and all buildings now or <br />hereafter erected on said premises. If any such liens <br />shall be filed against the Property, the Mortgagor <br />agrees to discharge the same of record within thirty <br />(30) days after written notice thereof from the <br />Mortgagee. In no event shall the Mortgagor do or <br />permit to be done, *or omit to do or permit the omission <br />of, any act or thing, the doing of, or omission to do, <br />which would constitute grounds for termination of the <br />Lease, or would entitle the Lessor thereunder to <br />declare a forfeiture of the Lease, or to re -enter the <br />premises covered thereby, provided, however, that where <br />under the Lease the Mortgagor as Lessee is entitled to <br />periods of grace for the performance of any act <br />required to be performed by such Lessee, the failure of <br />the Mortgagor to perform such act shall not constitute <br />a default hereunder unless such failure shall continue <br />beyond such period of grace. <br />The Mortgagor will not release, surrender or <br />terminate the Lease without the prior written consent <br />of the Mortgagee, nor without similar consent will the <br />Mortgagor modify the Lease so as to reduce the term <br />thereof, or to increase the rentals payable thereunder, <br />or to alter those provisions relating to grace periods, <br />notices to be given to the Mortgagee, construction, <br />use, reconstruction, or demolition of the building on <br />the Property, payment of the Impositions as provided in <br />the Lease, renewal privileges or in any other manner <br />which would impair the security of this Mortgage. The <br />Mortgagor further covenants and agrees that there shall <br />be no merger of the Lease, or of the leasehold estate <br />created thereby, or of any building, Building Service <br />Equipment or other improvement now or hereafter <br />constituting a portion of the Property, with the fee <br />estate of the owner or owners of the land and premises <br />described in the Lease, by reason of the fact that the <br />Lease or the leasehold interest created thereby, or any <br />interest in any such building, equipment or other <br />improvements, may be held by or for the account of any <br />person or persons who shall be the owner or owners of <br />such fee estate in said land and premises, unless and <br />until all persons at the time having an interest in the <br />fee estate in said land and premises and all persons, <br />including the Mortgagee, at the time having an interest <br />in the Lease, leasehold estate, buildings, equipment <br />and improvements, shall join in a written instrument <br />effecting such merger and shall duly record the same. <br />• - _.- Y....,- -I <br />