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20120��2 Property or the Leased Premises, and (b) cure such default. Tenant also agrees to use its best efforts to give Lender notice of any material casualty damage to the Leased Premises. 8. Assignment of Rents. If Owner defauits in its perFormance of the terms of the Deed of TrusUMortgage, Tenant agrees to recognize the Assignment of Rents made by Owner to Lender and shall pay to Lender, as assignee, from the time Lender gives Tenant written notice that Owner is in default under the terms of the Deed of Trust/Mortgage Deed of TrusUMortgage, the rents under the Lease, but only those rents that are due or that become due under the terms of the Lease after written notice by Lender. Payments of rents to Lender by Tenant under the assignment of rents upon landlord`s default shall continue until the first of the following occurs: a. Na further rent is due or payable under the Lease; b. Lender gives Tenant notice that Owmer's default under the Deed of Trust/Mortgage has been cured and instructs Tenant that the rents shall thereafter be payable to landlord; or c. The lien of the Deed of Trust/Mortgage has been foreclosed and the purchaser at the foreclosure sale (whether Lender or a Transferee) gives Tenant written nofice of the foreclosure sale. On giving written notice, the purchaser shall succeed to landlord's interests under the Lease, after which time the rents and other benefits due landlord under the Lease shall be payable to the purchaser as the owner of the Mortgage Premises 9. Tenant's Reliance. Tenant shall be entitled to full credit under the Lease for any rents paid to Lender in accordance with section 8 to the same extent as if such rents were paid directly to landlord. Any dispute between Lender (or Lender's Transferee) and landlord as to the existence of a default by landlord under the terms of the Deed of Trust, the extent or nature of such default, or Lender's right to foreclosure of the Deed of Trust, shall be dealt with and adjusted solely between Lender (or Transferee) and landlord, and Tenant shall not be made a party to any such dispute (unless required by law). 10. Lender's Status. Nothing in this Agreement shall be construed to be an agreement by Lender to pertorm any covenant of the landlord under the Lease unless and untii it obtains title to the Real Property or the Leased Premises by power of sale, judicial foreclosure, or deed in lieu of foreclosure, or obtains possession of the Real Property or the Leased Premises under the terms of the Loan Documents. Lender shall not be deemed a°mortgagor in possession° by virtue of its exercise of its rights to the rents or any other right under this Agreement. 11. Cancellation of Lease. Tenant agrees that it will not cancel, terminate, or surrender the Lease, except at the normal expiration of the Lease term or as provided in the Lease, or enter into any agreement, amendment, or modification of the Lease except any agreement, amendment, or modification contemplated by or provided by the terms of the Lease unless Lender gives its prior written consent 'i2. Limited Waiver of Due on Sale. To the extent the Deed of TrusUMortgage contains a"due on sale° clause which would give Lender the right to declare Tenant's obligation to Lender due and payable, Lender waives such °due on sale° clause for purposes of the Lease. This waiver is a one time waiver and does not obligate Lender to any other wraive.r of the "due on sale° clause. 13. General Terms. X� V � ? �� . �