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<br /> 4. Landlord agrees that Lender may enter upon the Site at any time or thnes, during normal
<br /> bisiness hours, with reasonable advance notice to Landlord, to inspect or to remove the Collaterall
<br /> tlmrefrom without charge, except for reimburs.nWt for any physical damage to the Site caused by such
<br /> removal. Landlord will not hinder Lende c's actions in enforcing its liens and remedies with respect to the
<br /> Collateral. Landlord agrees that Lender may conduct public or private saks of the Collateral at the Site and
<br /> that interested parties will be permitted access to the Site during normal buy;iness hours. with reasonable
<br /> advance notice to Landlord, for the purpose of inspecting the Collateral prior to any such sale.
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<br /> 5. Landlord agrees that ats long as Landlord receives in a timely fashion all rental payments
<br /> as a; d when due, and as long as the obligations of the Lessee to maintain the. Site are being fial€illed
<br /> (whether by Lessee, or at Lender's option, by Lender or any designee of Lender), Landlord will not
<br /> turninate the pease or take any action to impound or reprove tea: Collateral or to require Lessee, Lender or
<br /> Lender's designee to surrender possession of the Site until termination of the Lease.
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<br /> 6. In the event that Lessee defaults in its obligations under the Lease, Landlord hereby
<br /> agrees to give; Lender written notice of default under the Lease, at the same tin.te, and is the same manner as
<br /> such notice is given to L.esse c and ftirythe: agrees that Lender may, but shall no, be obligated to. cure such
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<br /> defaults at its option, within the applicable notice and cure periods/and or assume the Lease in the plac:; of
<br /> Lessee.
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<br /> 7. Lender shall have no obligations under the Lease unless and until Lender delivers to
<br /> Landlord written notice of assumption, if Lender elects to assume the Lem. Upon delivery of such a
<br /> written notice of assumption to Landlord, the Lender (or its designee) shall be entitled to all rights and
<br /> benefits of the Lease, and shall be obligated for all of Lessee's obligations thereunder. Landlord agrees
<br /> that, in the event that a default oceans under the Leasehold Mortgage and Lewder. or any agent or designee
<br /> of Lender, takes possession of the Site or forecloses and sells Lessee's leasehold interest in the Site.
<br /> Lender, and its designees, successors, assigns or transferees shall be permitted to use the Site for any
<br /> purpose permitted under the Lease, as long as such party does not use or occupy the Site in violation of the
<br /> lauds, ordinances or regulations of any government or agency having jurisdiction or in violation of the
<br /> Lessor's insurance contract(s). Landlord's acceptance of Lender (or its designee) as substitute te:r tnt shall
<br /> not release Lessee from any liability.
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<br /> 8. If the L imse is terminated and Lender does not elect to assume the Lease, 1Larrdloed agmes
<br /> to allow the Collateral to remain at the Site for a reasonable time not less than ninety (90) days, dunng
<br /> which time Lender may, alt its discretion, remove, sell or otherwise dispose of such Lender's Collateral as
<br /> !gender ii-,,v elect, as long as Landlord receives the rental payments due under the Lease, and as long as
<br /> Lessee's obligat-sons to maintain the Site are tieing fulfilled.
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<br /> 9. Landlord agrees that in the event of termination of the Lease by reason of any default by
<br /> Lessee, or upon Les5e e's rejection of the Lease in any bankruptcy or insolvency proceeding, at Lender's
<br /> option, Landlord will enter into a new lease of the Site with Lender or its designee(s), for the remainder of
<br /> the term, effec-tiver As of the date of such termination, at the rent and upon the terms, provisions, covenants
<br /> and agreements as contained in the Lease and subject only to the same conditions of title as the Lease is
<br /> subject to on the date c:f the execution hereof, and to the rights, if any, of any parties then in possession of
<br /> any part of the Site.
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<br /> 10. Landlord agrees and acknowledges that, in the event of a default under the Leasehold
<br /> Mortgage, Lender may exercise any of the remedies contained therein and may assume or transfer to a tyiru
<br /> party the Lessee's interest in the Lase (including any purchase option, access rights, utility easements and
<br /> rights of way) pursuant to the terms of the Leasehold Mortgage. Any transfer of the Lease shall be subject
<br /> to Landlord's right, under the Lease.
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<br /> it. Landlord states that the Lease is pre^,•ently in full force and effect, that all rentals have
<br /> been paid up to date, and that the Lease is not in default.
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