Laserfiche WebLink
201600516 <br />has been assigned to Lender for the purposes specified in the Assignment of Leases, and Lender <br />assumes no duty, liability or obligation under the Lease, except only under the circumstances, <br />terms and conditions specifically set forth in the Assignment of Leases. <br />5. Notice of Default by Lessor. In the event Tenant shall send any notice pursuant to or in <br />connection with the Lease, Tenant shall simultaneously send a copy of said notice to Lender by <br />certified mall, return receipt requested, addressed to Lender at its mailing address specified <br />below, or such other address as Lender may notify Tenant in writing. Tenant agrees that Lender <br />shall have sixty (60) days after its actual receipt of any notice of default of the lessor under the <br />Lease to cure such default, during which period Tenant shall not exercise any remedies available <br />to it under the Lease (including, without limitation, any right of termination). In the event <br />Lender is only able to cure the default by possession of the Premises through foreclosure <br />proceedings pursuant to the Mortgage, Lender shall express its intent to foreclose, possess and <br />cure by written notice to Tenant within sixty (60) days after Lender's actual receipt of the notice <br />of default, and Lender shall then have such additional amount of time reasonably necessary to <br />cure the default and Tenant shall not exercise any remedies available to it under the Lease during <br />such period. Notwithstanding the foregoing, it is expressly agreed that, although Lender shall <br />have the right under this Agreement to cure lessor's defaults under the Lease, nothing herein <br />shall be construed as requiring or obligating Lender to cure lessor's defaults. Such notices to <br />Lender shall be delivered to: <br />or to such other address as the Lender shall have designated to Tenant by giving written notice to <br />Tenant at 159 West First St., Oswego, New York 13126, Attention: Edward A. Alberts, or to <br />such other address as may be designated by written notice from Tenant to the Lender. <br />6. No Further Subordination. Except as expressly provided to the contrary in Paragraph 4 <br />hereof, Landlord and Tenant covenant and agree with Lender that there shall be no further <br />subordination of the interest of lessee under the Lease to any lender or to any other party without <br />first obtaining the prior written consent of Lender. Any attempt to effect a further subordination <br />of lessee's interest under the Lease without first obtaining the prior written consent of Lender <br />shall be null and void. <br />7. As to Landlord and Tenant. As between Landlord and Tenant, Landlord and Tenant <br />covenant and agree that nothing herein contained nor anything done pursuant to the provisions <br />hereof shall be deemed or construed to modify the Lease. <br />8. As to Landlord and Lender. As between Landlord and Lender, Landlord and Lender <br />covenant and agree that nothing herein contained nor anything done pursuant to the provisions <br />hereof shall be deemed or construed to modify the Mortgage or the Assignment of Leases. <br />51810710.1 <br />Simmons First National Bank <br />8151 Clayton Road <br />St. Louis, Missouri 63117 <br />Attn: Danny Chadakhtzian <br />