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202105680
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7/2/2021 4:22:00 PM
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7/2/2021 4:21:59 PM
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DEEDS
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202105680
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2021056 <br />shall specifically undertake such liability in writing or unless Lender or its designee or nominee <br />becomes the fee owner of the Premises, and then only with respect to periods in which Lender or <br />its designee or nominee is the fee owner of the Premises. Tenant agrees that upon receipt of a <br />written notice from Lender of a default by Landlord under the Loan Documents, Tenant will <br />thereafter, if requested by Lender, pay rent to Lender in accordance with the terms of the Lease. <br />Landlord consents in advance to such payment and waives all claims against Tenant for such <br />payments. <br />7. Certification. Tenant hereby certifies to and agrees with Lender as follows, with <br />the understanding that Lender is relying on such certifications and agreements in the making of <br />the loan evidenced by the Loan Agreement and secured by the Mortgage: (a) the Lease is in full <br />force and effect; (b) all requirements for the commencement and validity of the Lease have been <br />satisfied; (c) Tenant is not in default under the Lease; to the best of Tenant's knowledge, <br />information and belief, the Landlord is not in default under the Lease; (d) no act, event or condition <br />has occurred, which with notice or the lapse of time, or both, would constitute a default by Tenant <br />or Landlord under the Lease; (e) no claim by Tenant of any nature exists against Landlord under <br />the Lease and all obligations of Landlord have been fully performed; (f) there are no defenses, <br />counterclaims or setoffs against rents or charges due or which may become due under the Lease; <br />(g) none of the rent which Tenant is required to pay under the Lease has been prepaid, or will in <br />the future be prepaid, more than one month in advance; (h) Tenant has no right or option contained <br />in the Lease or in any other document to purchase all or any portion of the Premises; (i) the Lease <br />has not been terminated, modified or amended and the Lease shall not hereafter be terminated, <br />modified or amended without the prior written consent of Lender in each instance; (j) Tenant has <br />not assigned, mortgaged, sublet, encumbered or otherwise transferred any or all of its interest under <br />the Lease to any party and no other consents to the execution of this Agreement by the Tenant are <br />required from any other party; and (k) upon termination of the Lease for any reason, the <br />Improvements shall remain on the Premises. <br />8. Notices. <br />(a) Addresses. All notices, demands, requests, directions or other <br />communications (collectively, "Notices") required or expressly authorized to be made <br />pursuant to this Agreement will be written and addressed (i) if to Landlord to the address <br />set forth for Landlord on the Agreement signature page or such other address as shall be <br />notified in writing to Lender after the date hereof; (ii) if to Lender, at the address set forth <br />for Lender on the Agreement signature page or such other address as shall be notified in <br />writing to Lender after the date hereof; and (iii) if to Tenant at the address set forth for <br />Tenant on the Agreement signature page or such other address as shall be notified in writing <br />to Landlord and Lender after the date hereof. Notices may be given by hand delivery; by <br />overnight delivery service, freight prepaid; or by US mail, postage paid. <br />(b) Effectiveness. Notices given as described above shall be effective and be <br />deemed to have been received (i) upon personal delivery to a responsible individual at the <br />address of the recipient, if the Notice is given by hand delivery; (ii) one business day after <br />delivery to an overnight delivery service, if notice is given by overnight delivery service; <br />and (iii) two (2) business days following deposit in US mail, if notice is given by US mail. <br />4 <br />4852-3116-7727 <br />
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