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<br />14.5 Landlord's Rights Under Leasehold Mortgages. <br /> <br />14.5.1 Notice of Tenant's Default. Tenant shall use best efforts to ensure that <br />every Leasehold Mortgage secured by a deed of trust on Tenant's leasehold estate in the shall <br />expressly provide that: <br /> <br />(a) the lender shall give Landlord contemporaneous notice of any <br />default by Tenant thereunder, if the failure to cure such default might result in acceleration of the <br />maturity of the debt secured by the Leasehold Mortgage; provided however, that lender's failure <br />to give notice shall not affect the lender's rights or ability to timely pursue all applicable <br />remedies. In addition, within three (3) business days following Tenant's receipt of any notice of <br />default under any financing document affecting the Property, Tenant shall provide Landlord with <br />a copy of such notice. <br /> <br />(b) Landlord shall have the right to cure any default by Tenant (but <br />without obligation to do so) upon the same terms and conditions and within the same time <br />periods as Tenant (measured from the date that Landlord receives notice thereof); and <br /> <br />(c) If Landlord shall tender payment in full of all sums required to be <br />paid under the Leasehold Mortgage or the note secured thereby (disregarding any acceleration of <br />maturity thereunder, but including any costs or expenses arising as a result of such default) on or <br />before ninety (90) calendar days from the date of such notice of default from the lender to <br />Landlord, then the lender shall accept such payment and rescind the acceleration, if any. Any <br />sums paid by Landlord pursuant to this Section 14.5.1 shall become immediately due and <br />payable from Tenant to Landlord as Rent due under this Lease. <br /> <br />14.6 Purchase by Landlord. Landlord shall have the right and option (but not the <br />obligation), during the period described in the last sentence of this Section 14.6, by notice in <br />writing to the lender, to purchase any Leasehold Mortgage, the note secured thereby, and any <br />other instruments securing or guaranteeing such note or otherwise evidencing any obligation <br />secured by the Leasehold Mortgage. The purchase price therefor shall be the full amount due <br />and owing to the lender thereunder, including any costs, expenses, and penalties payable in <br />accordance with the terms thereof. The sale and assignment by the lender shall be without <br />recourse or warranty by the lender, except that such lender has good title to the note (or is <br />authorized to obtain payment or acceptance on behalf of one who has good title) and that the <br />transfer to Landlord vests in Landlord good title to the note or notes and in all security interests <br />securing the same, free and clear of all claims and interests of third parties. The right granted by <br />this Section 14.6 may be exercised by Landlord at any time after the lender has declared the <br />entire sum secured by any Leasehold Mortgage to be due and payable or has commenced <br />proceedings to foreclose any Leasehold Mortgage or, has requested a new Lease, whichever shall <br />first occur, and such right shall terminate ninety (90) days following receipt by Landlord of a <br />request that Landlord exercise such right given in writing from the lender after the date such <br />right shall first arise as above provided. <br /> <br />14.7 No V oluntarv Surrender/Modification. <br /> <br />833368-4 27 <br />