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201402733
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Last modified
8/19/2014 2:25:54 PM
Creation date
5/9/2014 9:19:06 AM
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DEEDS
Inst Number
201402733
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Landlord and Mortgagee Waiver/Easement - Facility Lease (08/02/2013) <br />201402733 <br />4. Lessor, its agents and assigns, shall have full access upon the Property to inspect, repair, <br />rebuild, disassemble, or remove the Facility without further notice to, or further permission of, <br />charge for, or obligation to, the Parties, and in the event of default by Lessee in the payment or <br />performance of any of Lessee's obligations and liabilities to the Lessor, Lessor may, at its option, <br />remove the Facility or any part thereof from the Property without objection, delay, hindrance or <br />interference by the Parties, and in such case, the Parties (other than the Lessor) will make no <br />claim or demand whatsoever against the Facility; <br />5. The Facility may remain on the Property without charge throughout the term of the Lease and <br />thereafter so long as Lessor (and/or Lessor's assigns) retains an interest in the Facility; <br />6. The Owner of the Land, for valuable consideration does hereby grant Lessor and its assigns an <br />easement over the Property for the benefit, continued use, possession, and enjoyment of the <br />Facility for ingress /egress to the nearest public road, use of wells and water pipes utilized on the <br />Property, and for access to utilities, such easement to be in addition to any other rights in the <br />Property that Lessor may now or hereafter hold pursuant to any other document or agreement; <br />7. Mortgagee agrees that, if it sells the Property at foreclosure sale, or takes title to the Property <br />under any deed in lieu of foreclosure or otherwise, it shall do so subject to the terms of this <br />Agreement; and <br />8. Lessor and Lessee may agree, without affecting the validity of this Landlord and Mortgagee <br />Waiver, to extend, amend or in any way modify the terms of payment or performance of any of <br />the Lessee's obligations and liabilities to Lessor, without the consent and without giving notice <br />thereof to the other Parties. <br />All of the Parties agree that the Lessor may sell, transfer, convey, or assign its interest in the <br />Lease to any other persons or entities and that the terms of this Landlord and Mortgagee Waiver <br />will remain fully valid and in effect and binding upon the Parties for the benefit of such <br />above - referenced persons or entities. <br />This Agreement (including without limitation the easement created hereby) shall expire and be <br />of no further effect at such time (and only at such time) that Lessee duly closes upon the <br />purchase of the Facility under any applicable purchase option contained in the Lease or as <br />otherwise agreed by Lessor at it sole and absolute discretion. <br />This Landlord and Mortgagee Waiver/Easement binds all of the Parties, their heirs, personal <br />representatives, successors and assigns and shall inure to the benefit of Lessor, its successors and <br />assigns. <br />Contract #001- 0038426 -000 Page 2 of 5 <br />
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