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Landlord ofany subtenant or occupant as tenant'
<br />3. Surrender of the premises. No surrender of the premises or any other act of Tenant shall
<br />be deemed to t"r*inut"-if,JG6ild L"*" unless the Lender has consented to the termination in writing.
<br />4. Notice to Lender and Cure Rieht. The Ground Lease shall not be terminated by Landlord
<br />foranycause,*ffieaseoIthisAmendmentorotherwise,unlessanduntiltheLender
<br />and Tenant are simultaneously and in writing by registered or certified United States mail, notified of the
<br />exact nature and detail of renant's default oi ui"u"tt of condition. If renant fails to remedy a default or
<br />breach of condition within sixty (60) days of receipt of said notification ("Default Notice"), and upon
<br />U.ing notin"d by Landlord to such effeit,the Lender may, as set forth below, remedy said default or
<br />breach of condition and upon so doing shall be substituted in Tenant's placeand stead as if it were
<br />Tenant,s assignee. eny Aitur" to reriedy a default or breach of condition of the Lease by Tenant shall be
<br />deemed by alf parties a material breach of the mortgage, deed of trust or security instrument then existing
<br />between Tenant and Lender, and the balance then duJand owing on the secured indebtedness shall be
<br />accelerated and the Lender r6utt Ur entitled, but not obligated, to foreclose or realize on its mortgage,
<br />deed of trust, or recurity instrument. The purchaser of tlie leasehold interest so foreclosed or realized
<br />upon, U. the same the iender or a third pa-rty, shall have all of the rights and privileges contained in this
<br />uii."r"nt, including the right to assign the iurchase leasehold subject to those provisions concerning
<br />;;G;""; containe-cl in palgraph 2 above.- Should the mortgage, deed of trust or security agreement of
<br />i"ni". be extinguisrr"J uy un"v *rh sale, the Ground Lease as amended herein shall remain in full force
<br />and effect with the purchaser lf said sale being in all respects deemed the successor in interest of Tenant,
<br />,"U:.J," the provisions concerning assignmeit and subietting contained above. Failure of the Lender to
<br />i."i"ay the breach of a condition oi d"f.utt claimed within the time period provided below shall entitle
<br />the Landlord to thereafter proceed to enforce any remedies at law available to it and pursuant to the terms
<br />of the Ground Lease and this amendment, and Landlord's reversionary interest shall no longer be
<br />subordinated to the lien of Lender's mortgage, deed of trust or security instrument as held by it, its
<br />assigns and successors. If the Lender doei make timely remedy of any default or breach-after proper
<br />n"tiE", tn, Lender shall be subrogated in all respects to the rights, remedies available to Landlord under
<br />-Jprrru"n, to the said Ground L.^", including, but not limited to, the right to enter into possession of
<br />tf,e tlaset ota premises and to collect rent due to Tenant from any subtenant then in possession' Such
<br />"*.r"ir. of rijhts under and by virtue of subrogation shall not be deemed a merger of the leasehold estate
<br />with the encumbrance of the iender, but, rathe.-r, an additional remedy available to Lender for purposes of
<br />protecting its security interest.
<br />If Tenant fails to remedy a default or breach of condition within sixty (60) days of receiptof the Default
<br />Notice, Landlord may not terminate the Lease unless, after the expiration of the Tenant's 60 day cure
<br />;;;i;d; t;;Jtora proviJes sixty (60) days prior written notice to Lender of its intent to terminate the
<br />Lease. The notice must specify ihe-naturoof the default and, if the default includes a failure to pay rent or
<br />other amounts, the urrrount o*ing on the date of the notice and the dates other amounts will be due, if
<br />uny, Auring.u"tt ri*ty 1OO; auy pJrioO. If during such sixty (60) day period Lendel (i) notifies Landlord
<br />oiil mt"ni to remedy ttre aerautt to the extent the default is reasonably curable by Lender; (ii) pays or
<br />"uu.r.
<br />to be paid to Landlord the rent or other amounts as and when due; and (iii) complies with or in
<br />lood faith, with reasonable diligence, commences to comply with all non-monetary obligation under the
<br />Lease then in default *t i"t't ma! reasonably be cured by Lender (which, for greater certainty, shall
<br />"-"ira"
<br />remedying the insolvency, bankruptcy or similir financial condition of renant); then the date for
<br />termination ofihe Lease shall be extended provided that during such extension the Lender: (i) pays or
<br />"uur*
<br />to be paid to Landlord the rent and other amounts due under the Lease as and when due;
<br />iiii"ontinu"s its good faith efforts to perform all Tenant's other obligations under the Lease (except any
<br />SUBORDINATION OF REVERSIONARY INTEREST (ELLENSBURG)
<br />121 8't -5 487 lLEG ALI 2404'l t2l .2
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