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Pty t., 3 N <br />NOTICE OF LEASE AND AGREEMENT AND CONSENT TO ASSIGNMENT <br />This Notice of Lease Agreement and Consent to Assignment is <br />dated as of November 18 , 19x8, between J.S.S. Amusement <br />Corporation, an Iowa corporation (the "Tenant "),, and <br />GrMq Island Mall Ltd. ( the "Landlord*) . <br />The parties hereby agree as follows: <br />1. The Landlord is the lessor under that certain Lease <br />which Lease, together with any amendments or modifications <br />thereto, is more particularly described on Schedule a attached <br />hereto (the "Lease "). The Lease covets the land and buildings <br />described in the Lease commonly known and designated as <br />_ <br />IsiwA Win cinema ( the "Preen iseso ) legally described on Schedule <br />"C" attached hereto and made O:part' hereof. <br />2. Except as specified !a Schedule 8, the Lease has not <br />been modified, changed, altered, assignedt supplemented or <br />amended in any respect. The Lease is the,. only agreetient between <br />f_ <br />the Tenant, and the Landlord affecting orc:_.rel,ating to, the use, <br />occupancy or ownership of the* Premises and, represents the entire <br />agreement between the Landlord and the Tenaitt. with respect .to the <br />Premises. <br />3. As of the date hereof, to the best of such party's <br />knowledge, neither .. Landlord nor Tenant is in default of its <br />obligations under the Lease, and no event has occurred nor does; <br />any condition exist which with the giving of notice or the lapse <br />of time, or both,' "4ould constitute such a default. The Lease is <br />valid and in full force and effect on the date hereof. <br />4. The representations set forth in Schedule A concerning <br />, trtain terms of. the Lease are true and correct. <br />- <br />S. To the best of such party's knowledge, no trustee or <br />' <br />!receiver has beth appointed for either the Landlord or Tenant, or <br />the assets of either of them, under the bankruptcy or similar <br />Taws of the United States or any state thereof. <br />6. The Landlord consents to the assigniment by Tenant of all <br />'its rights in the Lease, as security for all' of the obligations <br />. <br />of Tenant, to any parties now or hereafter 'existing who are <br />beneficiaries of the Trust for which Hank of. iiew England, N.A. , <br />or its successors, is. trustee under an Indenture of Trust, as <br />amended (the "Trustee "). The sole purpose of said trust is to <br />hold collateral securing loans to Excellence Theatres <br />Corporation, Tegaht's sole stockholder. <br />i <br />�r <br />