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16 <br />Real Property/Facility Lease. Upon such termination the Council shall execute, or have executed, <br />and deliver to the Public Entity such documents as are required to release the Public Entity’s <br />ownership interest in the Real Property and, if applicable, Facility, from the effect of this <br />Agreement and the Declaration. <br />Section 2.13 Excess Funds. If the full amount of the Program Grant and any matching <br />funds referred to in Section 7.23 are not needed to complete the Project, then, unless language in <br />the State Program Enabling Legislation indicates otherwise, the Program Grant shall be reduced <br />by the amount not needed. <br />Article III <br />USE CONTRACTS <br />Contents of Article III have been deliberately omitted from this Agreement. <br />Article IV <br />SALE <br />Section 4.01 Sale. The Public Entity shall not sell any part of its ownership interest in the <br />Real Property and, if applicable, Facility unless all of the following provisions have been complied <br />with fully. <br />A.The Public Entity determines, by official action, that such ownership interest is <br />no longer usable or needed for the operation of the State Program, which such determination <br />may be based on a determination that the portion of the Real Property or, if applicable, <br />Facilit y to which such ownership interest applies is no longer suitable or financially feasible <br />for such purpose. <br />B.The sale is made as authorized by law. <br />C.The sale is for Fair Market Value. <br />D.The written consent of the Commissioner of MMB has been obtained. <br />The acquisition of the Public Entity’s ownership interest in the Real Property and, if <br />applicable, Facility at a foreclosure sale, by acceptance of a deed -in-lieu of foreclosure, or <br />enforcement of a security interest in personal property used in the operation thereof, by a <br />lender that has provided monies for the acquisition of the Public Entity’s ownership interest <br />in or betterment of the Real Property and, if applicable, Facility shall not be considered a sale <br />for the purposes of this Agreement if after such acquisition the lender operates such portion <br />of the Real Property and, if applicable, Facility in a manner which is not inconsistent with <br />the requirements imposed under Section 2.04 and the lender uses its best efforts to sell such <br />acquired interest to a third party for Fair Market Value. The lender’s ultimate sale or <br />disposition of the acquired interest in the Real Property and, if applicable, Facility shall be