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