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2012027�� <br />a. is not in default in the payment of the rent or additional rent or in the performahce of any of <br />the other material terms, covenants, or conditions of the Lease that Tenant is required to <br />perform (beyond any period given Tenant under the Lease to cure such default}; <br />b. has not canceled or terminated the Lease (without regard to whether landlord or Tenant is <br />then in default under the Lease), nor surrendered, or abandoned the Leased Premises; <br />c. has not made any advance payment of rent or additional rent (except as specifically required <br />by the terms of the Lease); and <br />d, has complied with any direction of Lender to make payments of rent directly to Lender <br />pursuant to rights of Lender to such rents under the Deed of Trust/Mortgage. <br />4. Tenant shall not be named or joined in any foreclosure, trustee's sale, or other praceeding to enforce <br />the Deed of Trust/Mortgage and/or the Loan Documents unless such joinder shall be legally required <br />ta perfect the foreclosure, trustee's sale, or other proceeding. In the latter case, Lender may join <br />Tenant as a defendant in such action only for such purpose and not to terminate the Lease or <br />otherwise adversely affect TenanYs rights under the Lease or this Agreement in such action. <br />5. Attomment <br />a. If Lender shall succeed to Owner's interest in. the Real Property or the Leased Premises by <br />foreclosure of the Deed of Trust/Mortgage, by deed in lieu of foreclosure, or in any other <br />manner, Tenant shall be baund to Lender under all the terms, covenants and conditions of <br />the Lease for the balance of its term with the same force and effect as if Lender were the <br />landlord under the Lease. Tenant shall be deemed to have full and complete attomment to, <br />and to have established direct privity between Tenant and: <br />Lender when in possession of the Real Properiy or the Leased Premises; <br />ii. a receiver appointed in any action or proceeding to foreclose the Deed of Trust; <br />iii. any party acquiring title to the Real Property or the Leased Premises; or any <br />successor to landlord. <br />b. Tenant's attomment is self-operating, and it shall cantinue to be effective without execution of <br />any further instrument by any of the parties to this Agreement or the Lease. Lender agrees to <br />give Tenant written notice if Lender has succeeded to the interest of the landlord under the <br />Lease. Subject to section 6, the terms of the Lease are incorporated into this Agreement by <br />reference. <br />c. If the interests of landlord under the Lease are transferred by fore�losure of the Deed of <br />Trust, deed in lieu of foreclosure, or otherwise, to a party other than Lender (°Transferee°), in <br />consideration of, and as condition precedent to, Tenant's agreement to attorn to any such <br />Transferee, Transferee shall be deemed to have assumed all terms, coven�nts, and <br />conditions of the Lease to be observed or performed by landlord from the date on which the <br />Transferee succeeds to landlord's interests under the Lease; provided t�at the liability of any <br />Transferee to Tenant under the terms of the Lease shall be limited in the same manner as <br />Lender's liability is limited under section 6. <br />�� <br />�� � <br />