Common use of The Leases Clause in Contracts

The Leases. With respect to each Lease, the Company hereby covenants and agrees that: (a) The Company will promptly pay when due and payable the rentals, additional rents and other charges mentioned in and payable under the Lease within the grace and cure periods provided in the Lease, unless such payments are the subject of a Permitted Protest (as defined in the Loan Agreement). (b) The Company will promptly perform and observe all of the terms, covenants and conditions required to be performed and observed by the Company, as lessee under the Lease, within the grace and cure periods provided in the Lease, and will do all things reasonably necessary to preserve and to keep unimpaired its rights under the Lease. The Company will enforce or cause to be enforced the obligations of the lessor under the Lease, to the end that the Company may enjoy all of the material rights granted to it as lessee under the Lease. (c) The Company will promptly notify Mortgagee of any material default by the Company in the performance or observance of any of the terms, covenants or conditions on the part of the Company to be performed or observed under the Lease. (d) The Company will (i) promptly notify Mortgagee of the receipt by the Company of any notice from the lessor under the Lease of a default by the Company in the performance or observance of any of the terms, covenants or conditions on the part of the Company to be performed or observed under the Lease, (ii) promptly notify Mortgagee of the receipt by the Company of any notice from the lessor under the Lease to the Company of termination of the Lease pursuant to the provisions thereof and (iii) promptly cause a copy of each such notice received by the Company from the lessor under the Lease to be delivered to Mortgagee. (e) Except as otherwise expressly permitted under the Transaction Documents or as otherwise expressly permitted hereunder, the Company will not, without the prior consent of Mortgagee (i) terminate, cancel, modify, supplement or surrender or suffer or permit any termination, modification or surrender of the Lease, (ii) fail or refuse to take timely and appropriate action to renew the Lease pursuant to the applicable provisions thereof, (iii) consent or refuse to consent to any action taken or to be taken by the lessor or anyone else under the Lease, the result of which would materially diminish or impair the security of this Shore Mortgage (as determined by Mortgagee in its Permitted Discretion (as defined in the Loan Agreement)), (iv) further encumber the Leasehold Interests, notwithstanding any such right given to the Company under the Lease, or (v) ATL /1012919. 2 (f) Supplementing the provisions of subparagraph (e) above, if the Lease is rejected or disaffirmed by the lessor thereunder (or by any receiver, trustee, custodian or other party who succeeds to the rights of such lessor, such receiver, trustee, custodian or other party being collectively, the “acting lessor”) pursuant to any bankruptcy, insolvency, reorganization, moratorium or similar law (any such law hereinafter collectively referred to as a “Bankruptcy Law”), the Company covenants that it will not elect to treat the Lease as terminated under 11 U.S.C. §365(h) or any similar or successor law or right, and hereby assigns to Mortgagee the sole and exclusive right to make or refrain from making any such election, and the Company agrees that any such election, if made by the Company, shall be void and of no force or effect. (g) If the lessor or acting lessor under the Lease rejects or disaffirms the Lease pursuant to any Bankruptcy Law and Mortgagee elects to have the Company remain in possession under any legal right the Company may have to occupy the premises leased pursuant to the Lease, then (i) the Company shall remain in such possession and shall perform all acts necessary for the Company to retain its right to remain in such possession for the unexpired term of the Lease (including all renewals thereof) whether such acts are required under the then existing terms and provisions of the Lease or otherwise, and (ii) all of the terms and provisions of this Shore Mortgage and the lien created hereby shall remain in full force and effect and shall be extended automatically to such possession, occupancy and interest of the Company. (h) The Company will from time to time, after demand of Mortgagee, use reasonable efforts to obtain and deliver to Mortgagee a written statement from the lessor under the Lease, duly acknowledged, and certifying to Mortgagee, (i) that the Lease is then in full force and effect and has not been modified (or, if modified, setting forth all modifications), (ii) the date to which the rent, additional rent and other charges thereunder have been paid, (iii) whether or not, to the best knowledge of lessor under the Lease, the Company is in default under the Lease, and, if the Company is in default, the specific nature of all such defaults and (iv) as to any other matters reasonably requested by Mortgagee and reasonably related to the Lease. (i) For the period from and after the Closing Date up to the date that is 30 days after the Closing Date, the Company shall exercise its commercially reasonable efforts to obtain an original Nondisturbance and Attornment Agreement from the City of Dubuque, Iowa, from the Dubuque Racing Association, and from the holder of any mortgage encumbering the real property affected by the Leasehold Interest, in a form previously agreed to by Mortgagee.

The Leases. With respect to each Lease, the Company hereby covenants and agrees that: (a) The Company will promptly pay when due and payable the rentals, additional rents and other charges mentioned in and payable under the Lease within the grace and cure periods provided in the Lease, unless such payments are the subject of a Permitted Protest (as defined in the Loan Agreement). (b) The Company will promptly perform and observe all of the terms, covenants and conditions required to be performed and observed by the Company, as lessee under the Lease, within the grace and cure periods provided in the Lease, and will do all things reasonably necessary to preserve and to keep unimpaired its rights under the Lease. The Company will enforce or cause to be enforced the obligations of the lessor under the Lease, to the end that the Company may enjoy all of the material rights granted to it as lessee under the Lease. (c) The Company will promptly notify Mortgagee Lender of any material default by the Company in the performance or observance of any of the terms, covenants or conditions on the part of the Company to be performed or observed under the Lease. (d) The Company will (i) promptly notify Mortgagee Lender of the receipt by the Company of any notice from the lessor under the Lease of a default by the Company in the performance or observance of any of the terms, covenants or conditions on the part of the Company to be performed or observed under the Lease, (ii) promptly notify Mortgagee Lender of the receipt by the Company of any notice from the lessor under the Lease to the Company of termination of the Lease pursuant to the provisions thereof and (iii) promptly cause a copy of each such notice received by the Company from the lessor under the Lease to be delivered to MortgageeLender. (e) Except as otherwise expressly permitted under the Transaction Documents or as otherwise expressly permitted hereunder, the Company will not, without the prior consent of Mortgagee Lender (i) terminate, cancel, modify, supplement or surrender or suffer or permit any termination, modification or surrender of the Lease, (ii) fail or refuse to take timely and appropriate action to renew the Lease pursuant to the applicable provisions thereof, (iii) consent or refuse to consent to any action taken or to be taken by the lessor or anyone else under the Lease, the result of which would materially diminish or impair the security of this Shore Mortgage (as determined by Mortgagee Lender in its Permitted Discretion (as defined in the Loan Agreement)Discretion), (iv) further encumber the Leasehold Interests, notwithstanding any such right given to the Company under the Lease, or (v) ATL /1012919. 2subordinate or consent to the subordination of the Lease to any mortgage on the lessor's interest in the premises demised by the Lease. (f) Supplementing the provisions of subparagraph (e) above, if the Lease is rejected or disaffirmed by the lessor thereunder (or by any receiver, trustee, custodian or other party who succeeds to the rights of such lessor, such receiver, trustee, custodian or other party being collectively, the “"acting lessor”") pursuant to any bankruptcy, insolvency, reorganization, moratorium or similar law (any such law hereinafter collectively referred to as a “"Bankruptcy Law”"), the Company covenants that it will not elect to treat the Lease as terminated under 11 U.S.C. §ss. 365(h) or any similar or successor law or right, and hereby assigns to Mortgagee Lender the sole and exclusive right to make or refrain from making any such election, and the Company agrees that any such election, if made by the Company, shall be void and of no force or effect. (g) If the lessor or acting lessor under the Lease rejects or disaffirms the Lease pursuant to any Bankruptcy Law and Mortgagee Lender elects to have the Company remain in possession under any legal right the Company may have to occupy the premises leased pursuant to the Lease, then (i) the Company shall remain in such possession and shall perform all acts necessary for the Company to retain its right to remain in such possession for the unexpired term of the Lease (including all renewals thereof) whether such acts are required under the then existing terms and provisions of the Lease or otherwise, and (ii) all of the terms and provisions of this Shore Mortgage and the lien created hereby shall remain in full force and effect and shall be extended automatically to such possession, occupancy and interest of the Company. (h) The Company will from time to time, after demand of Mortgageethe Lender, use reasonable efforts to obtain and deliver to Mortgagee Lender a written statement from the lessor under the Lease, duly acknowledged, and certifying to MortgageeLender, (i) that the Lease is then in full force and effect and has not been modified (or, if modified, setting forth all modifications), (ii) the date to which the rent, additional rent and other charges thereunder have been paid, (iii) whether or not, to the best knowledge of lessor under the Lease, the Company is in default under the Lease, and, if the Company is in default, the specific nature of all such defaults and (iv) as to any other matters reasonably requested by Mortgagee Lender and reasonably related to the Lease. (i) For the period from and after the Closing Date up to the date that is 30 days after the Closing Date, the Company shall exercise its commercially reasonable efforts to obtain an original Nondisturbance and Attornment Agreement from the City of Dubuque, Iowa, from the Dubuque Racing Association, and from the holder of any mortgage encumbering the real property affected by the Leasehold Interest, in a form previously agreed to by MortgageeLender.

The Leases. With respect to each Lease, the Company hereby covenants and agrees that: (a) The Company will promptly pay when due and payable the rentals, additional rents and other charges mentioned in and payable under the Lease within the grace and cure periods provided in the Lease, unless such payments are the subject of a Permitted Protest (as defined in the Loan Agreement). (b) The Company will promptly perform and observe all of the terms, covenants and conditions required to be performed and observed by the Company, as lessee under the Lease, within the grace and cure periods provided in the Lease, and will do all things reasonably necessary to preserve and to keep unimpaired its rights under the Lease. The Company will enforce or cause to be enforced the obligations of the lessor under the Lease, to the end that the Company may enjoy all of the material rights granted to it as lessee under the Lease. (c) The Company will promptly notify Mortgagee the Trustee of any material default by the Company in the performance or observance of any of the terms, covenants or conditions on the part of the Company to be performed or observed under the Lease. (d) The Company will (i) promptly notify Mortgagee the Trustee of the receipt by the Company of any notice from the lessor under the Lease of a default by the Company in the performance or observance of any of the terms, covenants or conditions on the part of the Company to be performed or observed under the Lease, (ii) promptly notify Mortgagee the Trustee of the receipt by the Company of any notice from the lessor under the Lease to the Company of termination of the Lease pursuant to the provisions thereof and (iii) promptly cause a copy of each such notice received by the Company from the lessor under the Lease to be delivered to Mortgageethe Trustee. (e) Except as otherwise expressly permitted under the Transaction Documents or as otherwise expressly permitted hereunder, the Company will not, without the prior consent of Mortgagee the Trustee (i) terminate, cancel, modify, supplement or surrender or suffer or permit any termination, modification or surrender of the Lease, (ii) fail or refuse to take timely and appropriate action to renew the Lease pursuant to the applicable provisions thereof, (iii) consent or refuse to consent to any action taken or to be taken by the lessor or anyone else under the Lease, the result of which would materially diminish or impair the security of this Shore Mortgage (as determined by Mortgagee in its Permitted Discretion (as defined in the Loan Agreement)Trustee), (iv) further encumber the Leasehold Interests, notwithstanding any such right given to the Company under the Lease, or (v) ATL /1012919. 2subordinate or consent to the subordination of the Lease to any mortgage on the lessor's interest in the premises demised by the Lease. (f) Supplementing the provisions of subparagraph (e) above, if the Lease is rejected or disaffirmed by the lessor thereunder (or by any receiver, trustee, custodian or other party who succeeds to the rights of such lessor, such receiver, trustee, custodian or other party being collectively, the “"acting lessor”") pursuant to any bankruptcy, insolvency, reorganization, moratorium or similar law (any such law hereinafter collectively referred to as a “"Bankruptcy Law”"), the Company covenants that it will not elect to treat the Lease as terminated under 11 U.S.C. §365(hss.365(h) or any similar or successor law or right, and hereby assigns to Mortgagee the Trustee the sole and exclusive right to make or refrain from making any such election, and the Company agrees that any such election, if made by the Company, shall be void and of no force or effect. (g) If the lessor or acting lessor under the Lease rejects or disaffirms the Lease pursuant to any Bankruptcy Law and Mortgagee the Trustee elects to have the Company remain in possession under any legal right the Company may have to occupy the premises leased pursuant to the Lease, then (i) the Company shall remain in such possession and shall perform all acts necessary for the Company to retain its right to remain in such possession for the unexpired term of the Lease (including all renewals thereof) whether such acts are required under the then existing terms and provisions of the Lease or otherwise, and (ii) all of the terms and provisions of this Shore Mortgage and the lien created hereby shall remain in full force and effect and shall be extended automatically to such possession, occupancy and interest of the Company. (h) The Company will from time to time, after demand of Mortgageethe Company, use reasonable efforts to obtain and deliver to Mortgagee the Trustee a written statement from the lessor under the Lease, duly acknowledged, and certifying to Mortgagee, the Company and the Holders (i) that the Lease is then in full force and effect and has not been modified (or, if modified, setting forth all modifications), (ii) the date to which the rent, additional rent and other charges thereunder have been paid, (iii) whether or not, to the best knowledge of lessor under the Lease, the Company is in default under the Lease, and, if the Company is in default, the specific nature of all such defaults and (iv) as to any other matters reasonably requested by Mortgagee the Trustee and reasonably related to the Lease. (i) For the period from and after the Closing Date up The Company shall deliver to the date that is 30 days after the Closing Date, the Company shall exercise its commercially reasonable efforts to obtain Trustee an original Nondisturbance Non Disturbance and Attornment Agreement from the City of Dubuque, Iowa, from the Dubuque Racing Association, and from the holder of any mortgage encumbering the real property affected by the Leasehold Interest, in a form previously agreed to by Mortgageethe Trustee.

The Leases. With respect to each Lease, the Company hereby covenants and agrees that: (a) The Company will promptly Mortgagor shall (i) pay when due and payable the rentalsall rents, additional rents and other charges mentioned in sums required to be paid by Mortgagor under and payable under pursuant to the Lease within provisions of the grace Leases as and cure periods provided in when the Leasesame shall become due, unless such payments are the subject of a Permitted Protest (as defined in the Loan Agreement). (bii) The Company will promptly and faithfully observe, perform and observe comply with all of the terms, covenants and conditions required provisions of the Leases on the part of Mortgagor to be observed, performed and observed by complied with, at the Company, as lessee under the Lease, within the grace and cure periods provided times set forth in the LeaseLeases, and will do all things reasonably necessary to preserve and to keep unimpaired its rights under the Lease. The Company will enforce or cause to be enforced the obligations of the lessor under the LeaseLeases, to the end that the Company may enjoy all of the material rights granted to it as lessee under the Lease. and (ciii) The Company will promptly notify Mortgagee of the giving of any material notice by the landlord under any of the Leases to Mortgagor of any default by the Company Mortgagor in the performance or observance of any of the terms, covenants or conditions of any of the Leases on the part of the Company Mortgagor to be performed or observed and shall deliver to Mortgagee a true copy of each such notice. (b) Mortgagor shall not, without the prior written consent of Mortgagee, surrender the leasehold estates created by any of the Leases or terminate or cancel the Leases or modify, change, supplement, alter or amend the Leases, in any respect, either orally or in writing, and Mortgagor hereby assigns to Mortgagee, as further security for the payment of the Mortgage-Secured Obligations and for the performance and observance of the terms, covenants and conditions of this Mortgage, all of the rights, privileges and prerogatives of Mortgagor, as tenant under the LeaseLeases, to surrender the leasehold estates created by any of the Leases and/or to terminate, cancel, modify, change, supplement, alter or amend the Leases, and any such surrender of the leasehold estates created by any of the Leases or termination, cancellation, modification, change, supplement, alteration or amendment of the Leases without the prior written consent of Mortgagee shall be void and of no force and effect. (c) Mortgagor shall, within fifteen (15) days after written request by Mortgagee, furnish to Mortgagee an estoppel certificate signed by Mortgagor, (and request an estoppel certificate signed by the landlords under the Leases, if required by Mortgagee) together with such supporting information and evidence as Mortgagee may reasonably require which is in the possession or control of Mortgagor, concerning Mortgagor’s due observance, performance and compliance with the terms, covenants and provisions of the Leases. (d) The Company If Mortgagor shall default in the performance or observance of any term, covenant or condition of any Lease on the part of Mortgagor to be performed or observed, including, without limitation, any default in the payment of rent, additional rent and other charges and impositions made payable by the tenant under the Lease, then, in each and every case, without limiting the generality of the other provisions of this Mortgage or the Credit Agreement and without waiving or releasing Mortgagor from any of its obligations hereunder, Mortgagee shall have the right, but shall be under no obligation, at its option and without notice, to pay any sums or perform any act or take any action as may be appropriate to remedy the default or defaults and all of the terms, covenants and conditions of the Lease on the part of Mortgagor to be performed or observed, to the end that the rights of Mortgagor in, to and under the Lease shall be kept unimpaired and free from default, even though the existence of such event of default or the nature thereof be questioned or denied by Mortgagor or by any party on behalf of Mortgagor. In any such event, subject to the rights of tenants, subtenants and other occupants under any Leases, Mortgagee and any person designated by Mortgagee shall have, and are hereby granted, the right to enter upon the property demised by the Lease (the “Demised Premises”) at any time and from time to time for the purpose of taking any such action. Mortgagor shall, on demand, reimburse Mortgagee for all advances made and reasonable expenses incurred by Mortgagee in curing any such default (including, without limitation, reasonable attorneys’ fees, disbursements, and any other reasonable expense related thereto), together with interest thereon at the Default Interest Rate from the date that an advance is made or expense is incurred to and including the date the same is paid, and such monies so expended by Mortgagee with interest thereon shall be secured by this Mortgage and by all of the other Loan Documents securing all or any part of the Guaranty Obligations. If the landlord under any Lease shall deliver to Mortgagee a copy of any notice of default sent by said landlord to Mortgagor, as tenant under a Lease, such notice shall constitute full authority and protection to Mortgagee for any action taken or omitted to be taken by Mortgagee, in good faith, in reliance thereon. (e) Mortgagor shall exercise each individual option, if any, to extend or renew the term of the Leases upon demand by Mortgagee made at any time within one (1) year of the last day upon which any such option may be exercised, and Mortgagor hereby expressly authorizes and appoints Mortgagee its attorney-in-fact to exercise any such option in the name of and upon behalf of Mortgagor, which power of attorney shall be irrevocable and shall be deemed to be coupled with an interest. (f) Mortgagor will not subordinate or consent to the subordination of the Leases to any mortgage, security deed, lease or other interest on or in the landlords’ interest in all or any part of the Demised Premises, unless, in each such case, the written consent of Mortgagee shall have been first had and obtained. (g) If any Lease is for any reason whatsoever terminated prior to the natural expiration of its term, and if, pursuant to any provisions of said Lease or otherwise, Mortgagee or its designee shall acquire from the landlord thereunder another lease of the Demised Premises, then Mortgagor shall have no right, title or interest in or to such other lease or the leasehold estate created thereby. (h) Mortgagor shall use its diligent efforts to obtain and deliver to Mortgagee from time to time within twenty (20) days after written demand by Mortgagee, an estoppel certificate from the landlords under the Leases, as requested by Mortgagee, setting forth (i) the name of the landlords under the Leases, (ii) that the Leases have not been modified or, if they have been modified, the date of each modification (together with copies of each such modification), (iii) the basic rent and additional rent payable under the Leases, (iv) the date to which all rental charges have been paid by the tenant under the Leases, (v) whether there are any alleged defaults of the tenant under the Leases or if there are any events which have occurred which with notice, passage of time or both, would constitute a default under the Leases, and, if there are, setting forth the nature thereof in reasonable detail, and (vi) the commencement and termination dates under the Leases. (i) Mortgagee shall have no liability or obligation under the Leases by reason of its acceptance of this Mortgage. Mortgagee shall be liable for the obligations of the tenant arising under the Leases for only that period of time which Mortgagee is in possession of the Demised Premises or has acquired, by foreclosure or otherwise, and is holding all of Mortgagor’s right, title and interest therein. (j) No release or forbearance of any of Mortgagor’s obligations under the Leases, pursuant to the Leases or otherwise, shall release Mortgagor from any of its obligations under this Mortgage or the other Loan Documents. (k) Mortgagor shall enforce the obligations of the landlords under the Leases to the extent that Mortgagor may enjoy all of the rights granted to it under the Leases. Mortgagor will promptly notify Mortgagee of the receipt by the Company in writing of any notice from the lessor default by a landlord under the Lease Leases of a default by the Company which it is aware in the performance or observance of any of the terms, covenants or and conditions on the part of the Company such landlord to be performed or observed under the Lease, (ii) promptly notify Mortgagee of the receipt by the Company of any notice from the lessor under the Lease to the Company of termination of the Lease pursuant to the provisions thereof and (iii) promptly cause a copy of each such notice received by the Company from the lessor under the Lease to be delivered to MortgageeLeases. (el) Except as otherwise expressly permitted under the Transaction Documents or as otherwise expressly permitted hereunder, the Company will not, without the prior consent of Mortgagor shall give Mortgagee (i) terminate, cancel, modify, supplement or surrender or suffer or permit any termination, modification or surrender prompt notice of the Lease, (ii) fail commencement of any arbitration or refuse appraisal proceeding to take timely and appropriate action to renew the Lease pursuant to the applicable provisions thereof, (iii) consent which Mortgagor is a party or refuse to consent to any action taken or to be taken by the lessor or anyone else under the Lease, the result of which would materially diminish or impair the security of this Shore Mortgage (as determined by Mortgagee in its Permitted Discretion (as defined in the Loan Agreement)), (iv) further encumber the Leasehold Interests, notwithstanding any such right given to the Company under the Lease, or (v) ATL /1012919. 2 (f) Supplementing Mortgagor has been otherwise notified concerning the provisions of subparagraph (e) abovethe Leases. Mortgagee shall have the right to intervene and participate in any such proceeding if such proceeding, if adversely determined, would be reasonably expected to have a material adverse effect on Mortgagor or any of the Lease is rejected or disaffirmed Mortgaged Properties and Mortgagor shall confer with Mortgagee and its attorneys and experts and cooperate with them to the extent which Mortgagee deems reasonably necessary for the protection of Mortgagee. Upon the request of Mortgagee, Mortgagor will exercise all rights of arbitration conferred upon it by the lessor thereunder (Leases. If at any time such proceeding shall have commenced, Mortgagor shall be in material default in the performance or by observance of any receivercovenant, trustee, custodian condition or other party who succeeds requirement of the Leases on the part of Mortgagor to the rights of such lessorbe performed or observed or a default shall have occurred hereunder, such receiver, trustee, custodian or other party being collectively, the “acting lessor”) pursuant to any bankruptcy, insolvency, reorganization, moratorium or similar law (any such law hereinafter collectively referred to as a “Bankruptcy Law”), the Company covenants that it will not elect to treat the Lease as terminated under 11 U.S.C. §365(h) or any similar or successor law or rightMortgagee shall have, and is hereby assigns to Mortgagee granted, the sole and exclusive right to make designate and appoint on behalf of Mortgagor, the arbitrator or refrain from making any arbitrators, or appraiser, in such election, and the Company agrees that any such election, if made by the Company, shall be void and of no force or effectproceeding. (gm) If Mortgagor will, promptly after the lessor or acting lessor execution and delivery of this Mortgage, notify the landlords under the Lease rejects or disaffirms Leases, in writing, of the Lease pursuant to any Bankruptcy Law execution and Mortgagee elects to have the Company remain in possession under any legal right the Company may have to occupy the premises leased pursuant delivery of this Mortgage and, to the Lease, then (i) the Company shall remain in such possession and shall perform all acts necessary for the Company to retain its right to remain in such possession for the unexpired term of the Lease (including all renewals thereof) whether such acts are extent required under the then existing terms and provisions of Leases, deliver to the Lease or otherwise, and (ii) all of the terms and provisions landlord a copy of this Shore Mortgage and the lien created hereby shall remain in full force and effect and shall be extended automatically to such possession, occupancy and interest of the CompanyMortgage. (h) The Company will from time to time, after demand of Mortgagee, use reasonable efforts to obtain and deliver to Mortgagee a written statement from the lessor under the Lease, duly acknowledged, and certifying to Mortgagee, (i) that the Lease is then in full force and effect and has not been modified (or, if modified, setting forth all modifications), (ii) the date to which the rent, additional rent and other charges thereunder have been paid, (iii) whether or not, to the best knowledge of lessor under the Lease, the Company is in default under the Lease, and, if the Company is in default, the specific nature of all such defaults and (iv) as to any other matters reasonably requested by Mortgagee and reasonably related to the Lease. (i) For the period from and after the Closing Date up to the date that is 30 days after the Closing Date, the Company shall exercise its commercially reasonable efforts to obtain an original Nondisturbance and Attornment Agreement from the City of Dubuque, Iowa, from the Dubuque Racing Association, and from the holder of any mortgage encumbering the real property affected by the Leasehold Interest, in a form previously agreed to by Mortgagee.