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200800521 2k€>Jv23 2, 1997, with a term of twenty (20) years; (e) the Lease contains three (3) options to extend or renew the Lease for a period of five (5) years per renewal term; (f) Tenant has no claim to or interest in the Leased Premises, legal or equitable, or any contract or option thereof other than as a Tenant under the Lease and the Lease does not contain, and Tenant does not otherwise have, an outstanding option to purchase the Leased Premises; and (g) Landlord is not in default of any of its obligations under the Lease, and, to the best of Tenant's knowledge, no event has occurred which, with notice, the passage of time or both, would constitute a default in any of Landlord's obligations under the Lease. Section 2. In the event Lender notifies Tenant in writing that Landlord is in default under the Deed of Trust and demands that payment of all future rentals be made directly to Lender, Tenant shall honor such demand and pay the full amount of its rent and all other sums due under the Lease directly to Lender or as otherwise instructed by Lender pursuant to such notice, beginning with the payment next due after such notice of default. Landlord hereby consents to such payment and agrees that Tenant shall not be liable to Landlord for any rental payments actually paid to Lender pursuant to this Section. Section 3. Tenant agrees and acknowledges that from and after the date hereof, in the event of any act or omission by Landlord which would give Tenant the right, either immediately or after the lapse of time, to terminate the Lease or to claim a partial or total eviction, Tenant will not exercise any such right (i) until it has given written notice of such act or omission to Lender, said notice to be provided simultaneously with notice to Landlord, and (ii) until the same period of time as is given to Landlord under the Lease to cure such act or omission shall have elapsed following such giving of notice to Lender and following the time when Lender shall have become entitled under the Deed of Trust to remedy the same, said period of time to be no more than 30 days. In no event will Tenant exercise any such right less than 30 days after receipt of such notice or prior to the passage of such longer period of time as may be necessary to cure or remedy such default, act or omission including such period of time necessary to obtain possession of the Premises and thereafter cure such default, act or omission, during which period of time Lender shall be permitted to cure or remedy such default, act or omission. Notwithstanding the foregoing, Lender shall have no duty or obligation to cure or remedy any breach or default; provided, however, notice of Lender's intentions to cure or remedy will be provided to Tenant on or before the expiration of Lender's 30-day cure period. It is specifically agreed that Tenant shall not, as to Lender, require cure of any such default which is personal to Landlord and therefore not susceptible to cure by Lender. Section 4. The Lease and all right, title and interest of Tenant in, to and under the Lease (including, without limitation, all options or rights of first refusal to purchase the Leased Premises) are now, and shall at all times continue to be, unconditionally subject and subordinate in each and every respect, to the Deed of Trust and to any and all renewals, modifications, extensions, substitutions, replacements and/or consolidations of the Deed of Trust. Section 5. If Lender shall become the owner of the Leased Premises, or if the Leased Premises shall be sold by reason of foreclosure or other proceedings brought to enforce the Deed of Trust, or if the Leased Premises shall be transferred by deed in lieu of foreclosure, then (i) the Lease shall continue in full force and effect as a direct lease agreement between Tenant and the NEWYl\8167124.4 2