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�012027�1 <br />d. If the interests of landlord under the Lease are transferred by foreclosure of the Deed of <br />Trust, deed in lieu of foreclosure, or otherwise, the Transferee shall have the right to collect <br />any due, but unpaid, obiigations owing under the Lease, including any accrued, but unpaid <br />rent. <br />6. Lender as landlord. {f Lender shall succeed to the interest of landlord under the Lease, Lender shall <br />be bound to Tenant under all the terms, covenants and conditions of the Lease, and Tenant shall, <br />from .the date of Lender's succession to the landlord's interest under the Lease, have the same <br />remedies against Lender for breach of the Lease that Tenant would have had under the Lease <br />against landlord; provided, however, that despite anything to the contrary in this Agreement or the <br />Lease, Lender or any Transferee, as successor to the landlord's interest, shall not be: <br />a. liable for any act or omission of any previous landlord (including Owner), provided that the <br />foregoing shall not be construed to limit Tenant's right to possession of the Leased Premises <br />for the entire term of the Lease, as extended, on the terms and conditions of the Lease; <br />b. subject to any offsets or defenses that Tenant might have had against any previous landlord <br />(including Owner); <br />c, liable for any security deposit not received by Lender, or bound by any rent or additional rent <br />that Tenant rnay have paid for more than one month in advance to any previous landlord <br />(including Owrner); <br />d. bound by an amendment or modification of the Lease made without Lender's written consent, <br />wrhich consenfi shall not be unreasonably withheld or delayed, so long as Tenant pays to <br />Lender a reasonable amount to defer the costs, including attomey's fees, incurred in <br />response to a request for such consent; <br />e. bound by any covenant to undertake or complete any construction of the Real Property or the <br />� Leased Premises, or any portion of them. <br />Lender shall be liable under the Lease only during such time as it is the owner of the Real Property <br />and the landlord �under the Lease. Upon Lender's transfer of the Real Properly, or such po�ion of the <br />Real Property as encompasses the Leased Premises, Lender shall be released and exonerated from <br />any liability under the Lease for any acts or omissions occurring after such transfer and Tenant <br />agrees to look solety to the transferee of Lender for performance of the obligations of the landlord <br />under the Lease. Tenant further agrees that it wiil, writhin 60 days of notice of the transfer of Lender's <br />interest in the Real Property, provide Lender with a list of all claims that exist against Lender as a <br />result of its status as landlord. Failure to specify a claim in a timely manner shall forever bar tenant <br />from bringing such claim against Lender. <br />Notice of Defauit, Right To Cure. Tenant agrees concurrently to give Lender a copy of any wrritten <br />notice of any defauit given by Tenant to landlord under the Lease. Tenant agrees that, before it <br />exercises any of its rights or remedies under the Lease, Lender shall have the right, but not the <br />obligation, to cure the default within the same time given landlord in the lease to cure the default, plus <br />an additional thirty (30) days, or if no time period is given to landlord in the Lease to cure, then writhin <br />a reasonable time. If any such asserted default constitutes a legal basis for Tenant to cancel its <br />obligations under the Lease, Tenant agrees that the Lease shall not be canceled or terminated until <br />Lender shall have had a reasonable period of time within which to (a) obtain possession of the Real <br />�v <br />��� <br />