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<br /> <br />84 - 0066.44 <br /> <br />either in the lessor or in the lessee, or in <br />by purchase or otherwise; and the Mortqaqor <br />and agrees that, in case it shall acquire the <br />any other estate, title or interest in the <br />by said ground lease, this Indenture shall <br />cover and be a first lien upon such other estate so <br />and such other estate so acquired by the Mortgagor <br />considered as mortgaged, assigned or conveyed to <br />and the lien hereof spread to cover such estate <br />same force and effect as though specifically <br />assigned or conveyed and spread. The provisions of <br />paragraph shall not apply in the event the holder of <br />Note secured hereby acquires the ree of the mortgaged <br />except if Mortgagee shall so elect. <br /> <br />48. Mortgagor covenants and agrees that Mortgagor <br />shall not enter into any lease, sublease, license, concession <br />or other agreement for use, occupancy or utilization of <br />space in the property described in this Mortgage which <br />provides for rental or other payment for such use, occupancy <br />or utilization based in whole or in part on the net income <br />or profits derived by any person from the property leased, <br />------'--'-'-used, occupl.ed or utf1.~z~01:!ler man--a-tr-atllGunt based on Il <br />fixed percentage or percentages of receipts or sales). Any <br />such lease, sublease, license, concession or other agreement <br />shall be absolutely void and ineffective as a conveyance of <br />any right or utilization of any part of the property described <br />in this Mortgage. Mortgagor further covenants and agrees <br />that it shall include in each lease, sublease, license, <br />concession or other agreement for use, occupancy, or utilization <br />of space in the property described in this Mortgage, a <br />provision that neither lessee nor any other person having an <br />interest in the possesslon, use, occupancy or utilization of <br />the property descrlbed in this Mortgage shall enter into any <br />lease, sublease, license, concession or other agreement for <br />use, occupancy or utllization of space in the property <br />described 1n this Mortgage which provides for rental or <br />other payment for such use, occupancy or utllization based <br />in whole or in part on the net income or profits derived by <br />any person from the property leased, used. occupied or <br />utilized (other than an amount based on a fixed percentage <br />or percentages of receipts or sales), and that any such <br />purported lease, sublease, license, concession or other <br />agreement shall be absolutely void and ineffective as a <br />conveyance of any right or int~rest in the possession. use, <br />occupancy or utilization of any part of the property described <br />in this Mortgage, and Mortgagor further agrees to use reasonable <br />efforts to such provisions. A breach of the covenants and <br />agreements of this section shall be a material breach of <br />this Mortgage. <br /> <br />149.0rnlttecl <br /> <br />50, Om!. tt.ecl <br /> <br />L <br /> <br />,,14- <br /> <br /> <br />..J <br />