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<br />WItEBEAS (i) if the Property is a Fee Property, OFtiono~ <br />is the owner of the fee simple title to the Property, or (ii) if <br />the Property is a Graunc? Leasehold Property, ~Jptionor is the sub- <br />tenant under a sublease.~the "Sublease") from BKC, which holds <br />the: lessee's interest in a Ground Lease {the "Ground Lease"), and <br />Opti,onor as the owner of the :Improvements; <br />~ggEA~ Opr.ionor owms or will at»•n fee title to, or has <br />or will have subleasehald interests-in, certain other parcels of` <br />land, and tsvns or will own the. buildings and ituprovements 'thereon <br />(cr~llectively,`the ,<Other rroperties" and together with r:he <br />Property, the *'Ptoperties"}, all of which are, or will be ," <br />subject to other option agree}aents {collectively, the "Oth'er <br />Option Agreeaents"} substantially in the form of this Agreement.;. <br />~g~ pursuant to a lease agreement {the_"Leas~") <br />covering the Property. ~o be executed by: and between a franchisee <br />of SKC {"Franchisee").and Optianor, Franchisee-shall lease the.... <br />Property from Optionor for the purpose of operating a Burger King <br />restaurant thereon. <br />tiaV, THEREFORE, ip conside:ration of thr receipt of One <br />Dollar {51.00} and .other good and ~~aiuable consideration, the <br />receipt and suEfi~ienty of which are hereby acknowledged, Optionor <br />and BKC hereby agree as follows: <br />- 2 _ <br /> i..__1 <br /> _~ <br /> <br />