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to the Declaration. Provided, however, the State Entity and the Commissioner of Finance will consent to any such lien or encumbrance if the holder of such lien or encumbrance executes and files of record a document under which such holder subordinates such lien or encumbrance to the Real Property/Facility Lease and agrees that upon foreclosure of such lien or encumbrance to be bound by and comply with all of the terms, conditions and covenants contained in the Real Property/Facility Lease as if such holder had been an original Lessor under the Real Property/Facility Lease. 8. It must acknowledge the existence oft ' "I _ eement and contain a provision that the terms, conditions and provisions Fed in this Agreement shall control over any inconsistent or contrary terms,q and provisions contained in the Real Property/Facility Lease. Y� a B. The provisions contained in this Sectiftre not intended f shall not prevent the Public Entity from including additional p�slons in the Real Pro'Tacility Lease that are not inconsistent with or contrary t "ft`requiremeq�contained in t ction. C. The expiration of the term of an Easeh**knot be an event that requires the Public Entity to reimburse the Entity for alb rtion of the Grant, and upon such expiration the Real Property andf itw�table, Faclhall no longer be subject to this Agreement. D. The Public, $ shall fui ancf `compY0*--comply with all of the terms, conditions and prp n' 60 fined in 4-A deman ent, d=shall obtain and file, in the Office of the County _&6rder or"; '10 Registr&�,of Titles, whichever is applicable, the Real Property East. Section 2.07 Ever faF�IF'; t5f9416wing events shall, unless waived in writing by the St d the missroner of Mai nce, constitute an Event of Default under this Agree . ` _ pori et St $ Fnhty or the Commissioner of Finance giving the Public Entity 30 tten notices &uch et and the Public Entity's failure to cure such event during suchtime period fBthose is of Default that can be cured within 30 days or within whatever a period is ne to cure those Events of Default that cannot be cured within 30 days as lois the Public fity is using its best efforts to cure and is making reasonable a«, progress in cuC,Such Ev m''bf Default, however, in no event shall the time period to cure any Event of Default��eedxB onths unless otherwise consented to, in writing, by the State Entity and the Commissioner finance. A. If any representation, covenant, or warranty made by the Public Entity in this Agreement, in any other document furnished pursuant to this Agreement, or in order to induce the State Entity to disburse any of the Grant, shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made. 329826v5 CLL NE136-201 I I