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<br />..". ... I <br />'. <br /> <br />200706404 <br /> <br />(i) liable for any act or omission of Landlord; or <br /> <br />(ii) bound by any payment of rent or additional rent made by Tenant to Landlord for more <br />than one month in advance unless such pre-paid or additional rent was paid pursuant to the terms <br />of the Lease. <br /> <br />2. The Lease shall be subject and subordinate to the lien of the Deed of Trust and to all of its <br />terms, conditions and provisions, to all advances made or to be made and to any renewals, extensions, <br />modifications or replacements. <br /> <br />3. The above provisions shall be self-operative and effective without the execution of any further <br />instruments on the part of either party. However, Tenant agrees to execute and deliver to Beneficiary or to <br />any person to whom Tenant agrees to attorn such other instruments as either shall reasonably request in <br />order to comply with these provisions. <br /> <br />4. This Agreement July not be modified other than by an agreement in writing signed by the parties <br />or by their respective successors in interest. <br /> <br />5. This Agreement shall inure to the benefit of and be binding upon the parties and their <br />successors and assigns. <br /> <br />To indicate their agreement to the above, the parties or their authorized representatives or officers <br />have signed this document. <br /> <br />BENEFICIARY: <br />FIVE POINTS BANK, <br />a Nebraska banking corporation <br /> <br />TENANT: <br />McDONALD'S CORPORATION, <br />a Delaware corporatio <br /> <br /> <br />BY~ '~ ~ <br />Its ~'oJ-. . <br /> <br />******* <br /> <br />S:IHOIDEPTlLegalIUSLEGALlassetmgtlDivision - Central1026100161NDA (Deed of Trust 10-20-05)v2.doc <br /> <br />Vf~-), <br />)j, <br /># <br /> <br />2 <br />