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;~"~" 151.E <br />+ax~s^;re,-t. for. t~',he El~or.~ft:. a~4 e ~;l~c:scri.b~~d a.TMr .:k r: ~~~~.ra~ ~, ? $,.r.~~ _ <br />~~ "~ 7 p' , _ I c,~~w arar3f :exceT~+~ <br />for easements and restrictions which do not iiF!i'air thn a=a~;e of <br />the Site for the operation= of the x:edicai ?a^ility constructe?a <br />thereon. Lessor further warrants to the Lessee the peaceful and <br />quiet enjoyment of the Site throughout the term cf this Site i.ease <br />subject only to the terms and conditions of the Mortgage described <br />in ^aragraph 7 below. <br />7. Lessee and Lessor hereby ackrowledce that Lessor has <br />contemporaneously with the entering into this Site Lease given its <br />Guaranty Agreement, guarantying the payment of X390,0:10 of TTedical <br />Facility Revenue Bonds, Region IZI Far_ilities Corporation Issue, <br />Series 1979, dated July 1, 1979, issued by Iā€¢essee pursuant to the <br />Bond Resolution in order to obtain funds to construct the medical <br />facility to be built upon the Site and that to secure the perform- <br />anee by Lessor of said Guaranty Agreement, Lessor has oiven a <br />Real Estate 1`4ortgage on the Site dated as of July 1, 1979, to Cor!- <br />mercial National Bank & Trust Company, Grand Island, ??ebraska, <br />as Trustee for the holders of said Bonds. Lessee expressly ccn- <br />sents to such encumbrance upon the Site and acknowledges and agrees <br />that such +tortgage has been given for its benefit and to enhance <br />the marketability of its Bonds, that such tortgage will attach to <br />and be secured not only by the Site but by all. improvements con- <br />structed on the Site including the medical facility and that in <br />the event of its default under the Bond Resolution resulting in <br />the enforcement of said Guaranty Pgreement and foreclosure or other <br />proceedings to enforce said Mortgage, Lessee's rights to possession <br />and occupancy of the Site under this Site Lease may be terminated. <br />8. In the event that all or any portion t,f the Fite is <br />condemned, the provisions of Article xI of the Lease Agreement <br />shall be applicable. Lessor hereby assigns any award or other <br />payment received by it as a result of any condemnation of the Site <br />ar any portion thereof in accordance with said provision of the <br />Lease Agreement, to be applied in accordance with the provisions <br />of the Bond Resolution. If the Lease Pgreement shall not be in <br />effect at the time of any such condemnation, any award received <br />for condemnation of the Site or any part thereof shall be paid to <br />the Trustee under the Bond Resolution and first applied to the <br />payment of any Bonds issued by the Authority under said £ond re- <br />solution, and any balance remaining shall be paid to Lessor. <br />9, Waiver by either party of any default on the part <br />of the 3thvr party° shall rrot be deemed 3n any manner a =::aiver <br />of an;~ cuhcpr_iu not rlaf Milt r;nr shall aRY `ae lay' .. t}:e rt Jf <br />either party in enforcing any of the orovisions~hereof preclude <br />such party at any subsequent time from promptly enforcing the <br />provisions hereof. <br />10. Lessor acknowledges that under the Bond resolution <br />Lessee has pledged, assigned, and granted a security interest in <br />its interest under this Site Lease and agrees that the Trustee <br />and the holder of any Bonds issued by Lessee under the Rom Tte- <br />solution may enforce this Site Lease and the rights of 7.ess~e <br />hereunder as provided in the Bond Resolution. Lessor hereby <br />consents to such pledge, assignment, and granting of security <br />interest and such provisions in the Bond Resolution. <br />11. Any notices or demands made hereunder shall be <br />in writing and shall be personally delivered to the other party <br />or may be mailed by certified mail, addressed to the addressee at <br />such address as each of the parties has designated in writing, <br />or if they have not designated such address at their last knvom <br />address. <br />12. Upon termination of this Site Lease, whether at the <br />expiration of its term or otherwise, all improvements on the Fite <br />shall automatically become the property of the I:essor, and Lessee <br />shall execute any and all conveya*rces, transfers or other documents <br />