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10/15/02 TUE 12:11 FAX 308 384 6556 CUNNINGHAM LAW OFFICE GI 16003 200213082. pursuant to the Lease, or the severable property defined in the Lease. 4. LESSEE will deliver to LENDER a true, complete and correct copy of the executed Lease as between LESSOR and LESSEE upon its completion, with all modifications and amendments thereto; that the Lease is in full force and effect and no Event of Default or event which, with notice or lapse of time or both, would constitute an Event of Default has occurred; and sets forth that the amount of the initial annual base rent for the Lease is $28,160.65 per annum, which is payable in equal monthly installments of $2,346.72; and that the Lease is the legal, valid, and binding obligation of the undersigned LESSEE and is enforceable against the undersigned LESSEE in accordance with its terms. 5. If LENDER commences an action to foreclose the Deed of Trust or to obtain a receiver for all or any part of the parcel, or shall foreclose the Deed of Trust by advertisement, entry and sale according to any procedure available under the laws of the State where the parcel is located, LESSEE shall not be disturbed in its rights under the Lease, provided LESSEE is not then in default under such Lease. 6. If LENDER acquires the parcel upon foreclosure, or by Deed in Lieu of Foreclosure, or by any other means: a. LESSEE shall make a full, and complete attornment to LENDER so as to establish direct privity between the LENDER and LESSEE with respect to the Lease; and b. All rights and obligations of LESSEE under the Lease shall continue in full force and effect and be enforceable against LESSEE by LENDER, with the same force and effect as if said Lease had been originally made and entered into directly by and between LENDER as LESSOR thereunder, and LESSEE. 7. Nothing herein contained shall impose any obligations upon LENDER to perform any of the obligations of LESSOR under the Lease unless and until LENDER shall become owner in possession of the parcel that is the subject of such Lease, and, further, LENDER shall have no personal liability to LESSEE beyond LENDER's interest in the property of which the leased premises form a party_ In no event shall the LENDER be liable for any act or omission of any prior LESSOR, or be bound by any payment which LESSEE might have paid to a prior LESSOR for more than the current month or by any modification of any Lease made without LENDER's prior written consent. Likewise, LENDER shall not modify, alter, or amend its Deed of Trust Note or Deed of Trust without the prior written consent of LESSEE, if such modifications would materially and adversely affect LESSEE. -2-