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201303623 Property for the benefit, continued use, possession, and enjoyment of the Facility for ingress /egress to the nearest public road, use of wells and water pipes utilized on the Property, and for access to utilities, such easement to be in addition to any other rights in the Property that Lessor may now or hereafter hold pursuant to any other document or agreement; 7. Mortgagee agrees that, if it sells the Property at foreclosure sale, or takes title to the Property under any deed in lieu of foreclosure or otherwise, it shall do so subject to the terms of this Agreement; and 8. Lessor and Lessee may agree, without affecting the validity of this Landlord and Mortgagee Waiver, to extend, amend or in any way modify the terms of payment or performance of any of the Lessee's obligations and liabilities to Lessor, without the consent and without giving notice thereof to the other Parties. All of the Parties agree that the Lessor may sell, transfer, convey, or assign its interest in the Lease to any other persons or entities and that the terms of this Landlord and Mortgagee Waiver will remain fully valid and in effect and binding upon the Parties for the benefit of such above - referenced persons or entities. This Agreement (including without limitation the easement created hereby) shall expire and be of no further effect at such time (and only at such time) that Lessee duly closes upon the purchase of the Facility under any applicable purchase option contained in the Lease or as otherwise agreed by Lessor at it sole and absolute discretion. This Landlord and Mortgagee Waiver/Easement binds all of the Parties, their heirs, personal representatives, successors and assigns and shall inure to the benefit of Lessor, its successors and assigns. Landlord and Mortgagee Waiver /Easement - Facility Lease (02/28/2013) Contract #001 -0037899 -000 Page 2 of 5