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200007946
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Last modified
10/13/2011 8:00:26 PM
Creation date
10/20/2005 9:38:50 PM
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DEEDS
Inst Number
200007946
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20000'7946 <br />6. Lender agrees that all condemnation awards and insurance proceeds payable to <br />Landlord or Lender with respect to the Leased Premises or the Shopping Center shall be paid <br />and applied to restoration of the Leased Premises and the Shopping Center in accordance with <br />the provisions for condemnation and casualty under the Lease. In no event shall the lien of the <br />Mortgage affect or constitute a lien or charge on any fixtures, equipment or personal property <br />owned by Tenant. <br />7. For the purpose of this Agreement: (a) the term "Lease" shall be deemed to <br />include the Lease as described above in Recital A along with all amendments, modifications <br />and supplements thereto; provided, however, that no such amendment, modification or <br />supplement shall be binding on Lender without Lender's written consent, which consent shall <br />not be unreasonably withheld or delayed; (b) the term "foreclosure" shall be deemed to include <br />the acquisition of Landlord's interest in the Leased Premises by foreclosure or pursuant to the <br />exercise of any power of sale contained in the Mortgage, or by deed (or assignment) given in <br />lieu of, or in anticipation of, foreclosure or the exercise of any such power of sale, or by any <br />other means whatsoever; and (c) the term "Lender" shall be deemed to include anyone who <br />succeeds to Landlord's interest in the Leased Premises pursuant to the Mortgage including, <br />without limitation, any purchaser at foreclosure or pursuant to the exercise of any power of sale <br />contained in the Mortgage, or any grantee of a deed (or assignment) given in lieu of, or in <br />anticipation of, foreclosure or the exercise of any such power of sale. <br />8. If any term, covenant, condition or agreement contained in this Agreement or the <br />application thereof to any person, firm or entity shall at any time or to any extent be deemed or <br />found to be invalid or unenforceable by operation of law, judicial proceedings or otherwise, the <br />remainder of this Agreement or the application of such term, covenant, condition or provision to <br />persons or entities or to circumstances other than those as to which it is held invalid or <br />unenforceable shall not be affected thereby, and each remaining term, covenant, condition or <br />provision of this Agreement or the application thereof shall be valid and enforced to the fullest <br />extent permitted by law. <br />4 <br />
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