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<br />........ <br /> <br />117b, <br /> <br />III. <br /> <br />Should Chamber's mortgagee desire to cure default for the <br /> <br />Chamber the City hereby agrees to accept performance by the <br /> <br />mortgagee of any term of the lease or its amendment required to <br /> <br />I <br /> <br />be performed by Chamber, with the same force and effect as though <br /> <br />performed by Chamber. The mortgagee shall have ten HO) days <br /> <br />after receipt of notice of default to cure for the Chamber any <br /> <br />default in the payment of rent or additional rent to be paid, under <br /> <br />the lease and a reasonable time to cure any other default. <br /> <br />IV. <br /> <br />In the event of a foreclosure of the lien secured by the <br /> <br />leasehold estate, and the subsequent acquisition of Chamber's <br /> <br />interest in this lease by foreclosure, Chamber's mortgagee shall <br /> <br />have first option to assume the Chamber's lease obligations to <br /> <br />City and the lease shall continue on the same terms as if the <br /> <br />Chamber were still the t~nant. Chamber's mortgagee shall have <br /> <br />this right to assume the lease for the remainder of the period <br /> <br />I <br /> <br />of Chamber's financial obligation to its mortgagee. During such <br /> <br />period, the use of the premises shall not be limited to uses <br /> <br />allowed in the applicable provisions of the Urban Renewal Plan, or <br /> <br />approved modifications, therefore, for the TEX A-6 Neighborhood <br /> <br />Development Program, and further shall not be limited to the sole <br /> <br />~ purpose of operating a Chamber of Commerce, but rather such use <br /> <br />shall be limited only to any reasonable office use. Other transfers <br /> <br />or assignments of the lease and/or alterations in use of the demised <br /> <br />premises shall continue to be governed by the basic lease provisions <br /> <br />requiring express written approval by City. <br /> <br />V. <br /> <br />This Amendment shall not be filed of record, but a duly <br /> <br />executed and acknowledged Memorandum of Lease Amendment shall be <br /> <br />~I <br /> <br />filed with the County Clerk of Hays County, Texas. <br /> <br />day of ~ul <br /> <br />EXECUTED this 3Rcl <br /> <br />, 1978. <br /> <br />CITY OF SAN MARCOS <br />r-~ f1 <br />By \,,~ V~.-J <br /> <br />;~~O;J~;E~~~~ O:tMMER' <br />B~__ A: LtL]~ I !h <br />