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institution, pension or retirement fund, charitable foundation or <br />real estate investment trust). <br />(c) In the event a Mortgagee seeks both a Leasehold <br />Mortgage and a Fee Mortgage, both may be created under the same <br />instrument. Any instruments creating a Fee Mortgage and <br />Leasehold Mortgage may provide, upon Mortgagee's request that <br />upon a default thereunder Mortgagee may enforce its remedies <br />under the Fee Mortgage, the Leasehold Mortgage or both. Any Fee <br />Mortgage and the note secured thereby shall provide that (i) <br />notice of any default thereunder shall be given promptly by <br />Mortgagee to Lessor and Lessor shall have the right, but not the <br />obligation, to cure any such default, and (ii) Lessor shall be <br />permitted to take and hold the Project subject to, or by <br />assumption of, such obligations without personal liability and <br />without charge or penalty upon such default. Neither Lessor's <br />right to cure any default nor any exercise of such right shall <br />constitute an assumption of liability under the note or mortgage. <br />(d) Lessee acknowledges that because Lessor has made <br />special concessions and has provided Lessee with substantial <br />financial assistance, Lessor shall have the right to approve <br />Lessee's financing for the Project as described in this Section <br />20. <br />21. protection of Mortgagee. During the continuance of any <br />Leasehold Mortgage and until such time as the lien of any <br />Leasehold Mortgage has been extinguished: <br />(a) Lessor shall not accept any surrender of this <br />Lease, nor shall Lessor consent to any material amendment or <br />modification of this Lease which may be adverse to the interest <br />of the Mortgagee, without the prior written consent of any <br />Mortgagee. <br />C:GDLEASE.EHI -29- <br />