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200011 1st <br />5. Tenant has unconditionally accepted and is presently in possession of the <br />Premises pursuant to the terms of the Lease. <br />6. Insofar as the duties and obligations of Landlord imposed by the Lease are <br />capable of performance as of the date hereof, Tenant represents that Landlord has fulfilled all <br />of its duties and obligations under the Lease; that there are no remaining conditions precedent to <br />Tenant's performance of its obligations under the Lease; that Landlord has fully complied with <br />all of the requirements of Tenant and that, as of the date hereof, Landlord is not in default in any <br />manner whatsoever under the terms of the Lease. <br />7. The stated minimum amount of rental required to be paid by Tenant <br />pursuant to the terms of the Lease upon Landlord's performance of its obligations is <br />$ . The term of the Lease commenced , and monthly rent <br />has been paid through . None of the rent which Tenant is required to pay <br />under the Lease has been prepaid, or will in the future be prepaid, more than one month in <br />advance. <br />8. Tenant warrants and represents that the relationship created by virtue of <br />the Lease between Landlord and Tenant is a bona fide leasehold arrangement, and that neither <br />Landlord nor Tenant are parties to a separate agreement which would affect the terms of this <br />Agreement other than as disclosed by the terms and provisions of the Lease. <br />9. Tenant agrees to notify American Family in writing of any event of <br />default under the Lease caused by Landlord's act or failure to act which may result in termination <br />of the Lease, reduction in the remaining term of the Lease, or reduction of rents payable under <br />the Lease by reason of any right of abatement, offset or otherwise, at the same time Tenant <br />notifies Landlord of such default. American Family is hereby given the right to cure <br />Landlord's defaults within thirty (30) days after receipt of written notice of Landlord's failure <br />so to do; provided, however, that said thirty (30) day period shall extend (i) so long as within said <br />thirty (30) day period American Family has commenced to cure and is proceeding with due <br />diligence to cure said defaults, or (ii) so long as American Family is proceeding with a <br />foreclosure action or is exercising its power of sale against Landlord and certifies to Tenant that <br />American Family will commence to cure and will proceed with due diligence to cure said defaults <br />upon the resolution of said foreclosure action. <br />10. American Family has received from Landlord an assignment of the Lease, <br />including the right to collect and receive all rents, expense reimbursements, proceeds of purchase <br />options or other payments arising under the Lease. If American Family notifies Tenant of an <br />Event of Default under the Trust Deed and demands that Tenant pay its rent and all other sums <br />due under the Lease directly to American Family, Tenant shall honor such demand and shall pay <br />its rent and all other sums due under the Lease directly to American Family or as otherwise <br />required pursuant to such notice without investigating the reason for any action taken by <br />American Family or the validity or the amount of Indebtedness owing to American Family, or <br />the existence of any default under or by reason of any of the Loan Documents or the application <br />