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79005190
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1/13/2010 3:45:29 AM
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1/13/2010 3:45:03 AM
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DEEDS
Inst Number
79005190
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~~~~~.~ <br />with Sublessor's former estate; and as an alternative remedy <br />Sublessor may, at Sublessor's election, without terminating <br />this Sublease, re-enter the Project or take possession thereof <br />pursuant to legal proceedings or pursuant to any notice provided <br />for by law, and having elected to re-enter or take possession <br />of the Project without terminating this Sublease, Sublessor shall <br />use reasonable diligence to lease car enter into an operating agree- <br />went for the Project, or parts thereof, for such period or periods <br />and for such payments and upon such cther terms and conditions as <br />Sublessor may deem advisable, with the right to make alterations <br />and repairs to the Project, and no such re-entry or taking of <br />possession of the Project by the Sublessor shall be construed as <br />an election on the Sublessor's part to terminate this Sublease, <br />and no such re-entry or taking of possession by the Sublessor <br />shall relieve Sublessee of any of its obligations set forth in <br />Article II hereof, or of any of its other obligations under <br />this Sublease, all of which shall survive such re-entry or taking <br />of possession, and Sublessee shall continue to be responsible for <br />all payments required hereby and its other obligations hereunder <br />until the end of the term, less the revenues, if any, derived by <br />the Sublessor from any other operation or leasing of the Project <br />after deducti..g all of Sublessor's expenses ir. connection with <br />the entering into of such operating agreement or leasing, in- <br />cluding without limitation all repossession costs, brokerage <br />commissions, legal expenses, expenses of employees, alteration <br />costs and expenses of preparation for leasing or entering into <br />an operating agreement. Having elected to re-enter or take <br />possession of the Project without terminating this Sublease, the <br />Sublessor may abut only with the written consent of the Authority <br />and the Trustee so long as any Bonds remain outstanding), by notice <br />to Sublessee given at any time thereafter while Sublessee is in <br />default in its obligations under this Sublease, sleet to terminate <br />this Sublease on a date to be specified in such notice, which date <br />shall not be earlier than ten (10) days after the giving of such <br />notice, and if all defaults shall not have been cured, on the date <br />so specified, this Sublease shall thereupon be terminated. <br />27 <br />
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