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201310007 <br /> its successors and assigns, or any other person or persons, (iii)bound by any prepayment of <br /> rent which Lessee may heretofore or may hereafter have paid to Lessor, its successors or <br /> assigns, or to any other person or persons, excepting only any prepayment of not more than <br /> one month's rent, (iv)bound by any amendment or modification of the Lease made without <br /> first obtaining Lenders' written consent thereto, or (v)responsible for the return of any <br /> security deposit(s)that Lenders have not received. <br /> 4. If the interests of Lessor shall be transferred to and owned by Lenders by reason of <br /> foreclosure proceedings or deed in lieu of foreclosure or by any other manner and Lender <br /> succeeds to the interest of Lessor under the Lease, Lessee shall be bound to Lenders, their <br /> successors and assigns, under all of the terms, covenants and conditions of the Lease for the <br /> balance of the term thereof remaining, and any extensions or renewals thereof which may be <br /> effected in accordance with any option thereof in the Lease, with the same charge and effect <br /> as if Lenders were the lessor under the Lease, and Lessee hereby does attom to Lenders, <br /> their successors and assigns, as its lessor, said attomment to be effective and self-operative <br /> without the execution of any further instruments on the part of any of the parties hereto <br /> immediately upon Lenders' succeeding to such interest. Notwithstanding the same, at the <br /> request of Lenders,their successors and assigns,or any other person acquiring the interest of <br /> Lessor, Lessee agrees to execute and deliver at any time and from time to time, upon such <br /> reasonable request any mutually acceptable instrument that in the judgment of the party <br /> making such request may be necessary or appropriate to evidence such attomment. <br /> 5. Lessee,with respect to the Lease,hereby certifies,warrants and agrees as follows: <br /> (a) The Lease has not been amended or modified; <br /> (b) The Lease evidences the valid, binding, enforceable obligations of the undersigned <br /> and is presently in full force and effect and unmodified except as set forth in the <br /> attachments thereto; <br /> (c) No rent under the Lease has been paid more than thirty(30) days in advance of its <br /> due date; <br /> (d) As of the Effective Date, there are no charges, liens or claims of offset under the <br /> Lease or otherwise against rents or other amounts due or to become due to Lessor <br /> thereunder; <br /> (e) To the best of its knowledge,as of the Effective Date,neither Lessor nor Lessee is in <br /> default beyond any applicable cure period under any of the terms or provisions of <br /> the Lease, and no event exists which, with the giving of notice or the passage of <br /> time,would become a default by Lessor or Lessee under the Lease; <br /> (f) Lessee is not the subject of any bankruptcy, reorganization, arrangement or <br /> insolvency proceedings; <br /> SNDA <br /> 892678/4/COLUMBUS <br /> 065439.00076 <br />