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Landlord of any subtenant or occupant as tenant. 3. Surrender of the Premises. No surrender of the premises or any other act of Tenant shall be deemed to terminate the Ground Lease unless the Lender has consented to the termination in writing. 4. Notice to Lender and Cure Right. The Ground Lease shall not be terminated by Landlord for any cause, whether in the Ground Lease or this Amendment or otherwise, unless and until the Lender and Tenant are simultaneously and in writing by registered or certified United States mail, notified of the exact nature and detail of Tenant's default or breach of condition. If Tenant fails to remedy a default or breach of condition within sixty (60) days of receipt of said notification ("Default Notice"), and upon being notified by Landlord to such effect, the Lender may, as set forth below, remedy said default or breach of condition and upon so doing shall be substituted in Tenant's place and stead as if it were Tenant's assignee. Any failure to remedy a default or breach of condition of the Lease by Tenant shall be deemed by all parties a material breach of the mortgage, deed of trust or security instrument then existing between Tenant and Lender, and the balance then due and owing on the secured indebtedness shall be accelerated and the Lender shall be entitled, but not obligated, to foreclose or realize on its mortgage, deed of trust, or security instrument. The purchaser of the leasehold interest so foreclosed or realized upon, be the same the Lender or a third party, shall have all of the rights and privileges contained in this agreement, including the right to assign the purchase leasehold subject to those provisions concerning assignment contained in paragraph 2 above. Should the mortgage, deed of trust or security agreement of Lender be extinguished by any such sale, the Ground Lease as amended herein shall remain in full force and effect with the purchaser of said sale being in all respects deemed the successor in interest of Tenant, subject to the provisions concerning assignment and subletting contained above. Failure of the Lender to remedy the breach of a condition or default claimed within the time period provided below shall entitle the Landlord to thereafter proceed to enforce any remedies at law available to it and pursuant to the terms of the Ground Lease and this amendment, and Landlord's reversionary interest shall no longer be subordinated to the lien of Lender's mortgage, deed of trust or security instrument as held by it, its assigns and successors. If the Lender does make timely remedy of any default or breach after proper notice, the Lender shall be subrogated in all respects to the rights, remedies available to Landlord under and pursuant to the said Ground Lease, including, but not limited to, the right to enter into possession of the leasehold premises and to collect rent due to Tenant from any subtenant then in possession. Such exercise of rights under and by virtue of subrogation shall not be deemed a merger of the leasehold estate with the encumbrance of the Lender, but, rather, an additional remedy available to Lender for purposes of protecting its security interest. If Tenant fails to remedy a default or breach of condition within sixty (60) days of receipt of the Default Notice, Landlord may not terminate the Lease unless, after the expiration of the Tenant's 60 day cure period, Landlord provides sixty (60) days prior written notice to Lender of its intent to terminate the Lease. The notice must specify the nature of the default and, if the default includes a failure to pay rent or other amounts, the amounts owing on the date of the notice and the dates other amounts will be due, if any, during such sixty (60) day period. If during such sixty (60) day period Lender: (i) notifies Landlord of its intent to remedy the default to the extent the default is reasonably curable by Lender; (ii) pays or causes to be paid to Landlord the rent or other amounts as and when due; and (iii) complies with or in good faith, with reasonable diligence, commences to comply with all non -monetary obligation under the Lease then in default which may reasonably be cured by Lender (which, for greater certainty, shall exclude remedying the insolvency, bankruptcy or similar financial condition of Tenant); then the date for termination of the Lease shall be extended provided that during such extension the Lender: (i) pays or causes to be paid to Landlord the rent and other amounts due under the Lease as and when due; (ii) continues its good faith efforts to perform all Tenant's other obligations under the Lease (except any SUBORDINATION OF REVERSIONARY INTEREST (ELLENSBURG) PAGE 3 12187-5487/LEGAL ] 24047121.2