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201602007
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Last modified
7/23/2017 10:30:29 AM
Creation date
4/5/2016 9:35:09 AM
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DEEDS
Inst Number
201602007
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2� 1 ��2��7 <br /> reasan of any other enf�rcement �f the �ecurity Instrum�nt, wil� be subject and sub�rdinate to <br /> Tenant's possession a.nd rights under the Lease; and �c}the Lease shall nat b� terminat�d or <br /> affecte� thereby but sha�l �ant�nue in full f�rce an� effect as a direct lease betwe�n Purchaser <br /> and Tenant upon al� of the terms, covenants and conditi�ns set forth in the Lease and �n that <br /> e�ent, Tenant agrees to attorn to Pur�haser and Purchaser by �ir�ue of such acqu�sition of the <br /> Property shall be deemed to ha�e agreed ta a�cept such att�rnment, provided, however, that <br /> Purchaser sha�l not l�e �i} liable for the failure of any pri�r �andlord �any such prior �andlord, <br /> in�luding Borro,wer and any successor landlord, being h�reinafter referred to as a "Pr�ar <br /> Land�ord"}to perform any of�ts abl�gati�ns under the Lease vvhich have a�crued prior to the date <br /> an ,t�vh�ch Purchaser shall bec�me the owner �f the Property; ��i} subj e�t to any affsets, defenses, <br /> abatements or count�rc�aims which shall have accrued in favor of Tenant against any Prior <br /> Land�ord prior to the date upon ,which Purchaser sha�I become the �v�mer of the Property; <br /> (iii} l�a�le for the return of rental s�curity deposits, if any, paid by Tenant t� any Pri�r Landlord <br /> in acc�rda.nce with the Lease unless such sums are actua�ly rece�ved by Purchaser; ��v} bound by <br /> any payment of rents, additional rents or ather sums which Tenant may have paid more than one <br /> �1} month in ad�a.nce to any Pr�or Landlard unless such sums are actually received by Purchaser; <br /> ��} bound by any modif�cation �r amendment of the Lease3 �r any Waiver of the terms of the <br /> Lease, made without Lender's written consent; or (vi} bound by any consensual or negotiated <br /> surrender, cancel�atian, or t�rmination of the Lease, in who�e or in part, agre�d up�n betw�en <br /> Borr�wer and Tenant, unless effected un��aterall� by T�nant pursuant t� the express terms af the <br /> Lease. N�tW1t�15taI1C�lI1� anything to the contrary contained in this Agreem�nt, in the case of <br /> clause� (i} and (ii� herein, the foregoing shall not limit either (�} Tenant's right ta exercise any <br /> flffsets, defenses, claims, reduct�ons, deductions or abat�mer�ts otherwise availab�e to Tenant <br /> because �f �vents occurring before �r after the date of attornment t� the extent Lender has <br /> recei�ed notice thereof and the ap�ortunity to cure WItr11I1 the time p�riods se� forth in this <br /> Agreement �it b�ing further agreed that �ffsets, reductians, deduct�ons or abatements under the <br /> Lease that were deducted by Tenant prior to the date upon whi�h Purchaser succeeds ta the <br /> interest of Priar Landlard shall not be subject ta challenge�, or ��� Purchaser's liability far any <br /> defaults that c�ntinue after th� date of attarnment that violate Purchaser's �b�igatians as landlord <br /> under the Lease. In the event that any �iability �f Purchaser does arise pursuant ta this <br /> Agreement, such liability shall be lim�ted and restricted to Purchaser's interest in the Pr��erty <br /> and shall in n� event�x�eed such interest. <br /> 3. Notices. All natic�s required �r permitted hereunder shall l�e given and become <br /> effective as pravid�d in the Loan Agreement. Notices to the Tenant shall be addr�ssed as <br /> follaws: <br /> Shopko Stares �perat�ng �o., LLC <br /> 7�� P��grim Way, <br /> �reen Bay, Wis�onsin 543�4 <br /> Attention: Lega1 ��u.nsel <br /> Facsimile No.: �9Z�} 429-756� <br /> 4, Lender's Ri�ht of Access. Tenant agrees that Lender shall have the rights �f <br /> access to the Praperty far the purpose of curing a default under the Lease as granted ta BorroWer <br /> pursuant to the terms of the Lease and Lender agrees not ta distur� th� normal business <br /> operations of Tenant at such Property in connection therevvit�. <br /> 3 <br /> Grarad Island,NE <br /> QB1I SG179.��475139174235.� <br />
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