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5. It must contain a provision that provides sufficient authority to allow the <br />Public Entity to operate the Real Property and, if applicable, Facility in accordance <br />with the requirements imposed under Section 2.04. <br />6. It must not contain any provisions that would limit or impair the Public <br />Entity's operation of the Real Property and, if applicable, Facility in accordance with <br />the requirements imposed under Section 2.04. <br />7. It must contain a provision that prohibits the Lessor from creating or <br />allowing, without the prior written consent of the State Entity and the Commissioner, <br />any voluntary lien or encumbrance or involuntary lien or encumbrance that can be <br />satisfied by the payment of monies and which is not being actively contested against <br />the Leased Premises or the Lessor's interest in the Real Property/Facility Lease, <br />whether such lien or encumbrance is superior or subordinate to the Declaration. <br />Provided, however, the State Entity and the Commissioner will consent to any such <br />lien or encumbrance if the holder of such lien or encumbrance executes and files of <br />record a document under which such holder subordinates such lien or encumbrance to <br />the Real Property/Facility Lease and agrees that upon foreclosure of such lien or <br />encumbrance to be bound by and comply with all of the terms, conditions and <br />covenants contained in the Real Property/Facility Lease as if such holder had been an <br />original Lessor under the Real Property/Facility Lease. <br />8. It must acknowledge the existence of this Agreement and contain a <br />provision that the terms, conditions and provisions contained in this Agreement shall <br />control over any inconsistent or contrary terms, conditions and provisions contained <br />in the Real Property/Facility Lease. <br />9. It must provide that any use restrictions contained therein only apply as <br />long as the Public Entity is the lessee under the Real Property/Facility Lease, and that <br />such use restrictions will terminate and not apply to any successor lessee who <br />purchases the Public Entity's interest in the Real Property/Facility Lease. <br />B. The provisions contained in this Section are not intended to and shall not <br />prevent the Public Entity from including additional provisions in the Real Property/Facility <br />Lease that are not inconsistent with or contrary to the requirements contained in this <br />Section. <br />C. The expiration of the term of a Real Property/Facility Lease shall not be an <br />event that requires the Public Entity to reimburse the State Entity for any portion of the <br />Grant, and upon such expiration the Real Property and, if applicable, Facility shall no <br />longer be subject to this Agreement. <br />D. The Public Entity shall fully and completely comply with all of the terms, <br />conditions and provisions contained in a Real Property/Facility Lease, and shall obtain and <br />file, in the Office of the County Recorder or the Registrar of Titles, whichever is <br />applicable, the Real Property/Facility Lease or a short form or memorandum thereof. <br />Generic GO Bond Proceeds I Z Ver — 6/26/08 <br />Grant Agreement for Construction Grants (Gnrc GO GA-Cnstrctn Grnt) <br />