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2 0 &t~JZjl 200800521 then owner of the Leased Premises (including Lender or the grantee under any deed given as a result of any foreclosure or in lieu of foreclosure), upon and subject to all of the terms, covenants and conditions of the Lease for the balance of the lease thereof remaining and any extensions or renewals thereof which may be effected in accordance with any option therefor in the Lease, and (ii) Tenant shall attorn to Lender or any other such owner as its Landlord, said attornment to be effective and self-operative without the execution of any further instruments. From and after Lender's or other such owner's succession to the interest of Landlord under the Lease, Tenant shall have the same remedies against Lender or such other owner for the breach of any covenant contained in the Lease that Tenant might have had under the Lease against Landlord, except that neither Lender nor any other such owner shall be: a) liable for any act or omission of any prior Landlord (including Landlord); b) subject to any offsets or defenses which Tenant might have against any pnor Landlord (including Landlord), except for a breach of the covenant of quiet enjoyment; c) bound by any prepayment of rent or additional rent which Tenant might have paid for more than the current month or by payment of any security deposits to any prior Landlord (including Landlord), except such security deposits as have actually been received by Lender; d) bound by any amendment or modification of the Lease which shortens the term, reduces the rent or otherwise materially increases the obligations of Landlord thereunder or by any waiver or forbearance on the part of any prior Landlord (including Landlord) made or given without the written consent of Lender or any subsequent holder of the Mortgage; or e) bound by any representations or warranties of Landlord under the Lease (other than those concerning non-disturbance and Tenant's quiet enjoyment ofthe Premises). Section 6. So long as Tenant is not in default (beyond any period given Tenant by the terms of the Lease to cure such default) in the payment of rent or additional rent or in the performance of any part of the terms, covenants or conditions ofthe Lease on Tenant's part to be performed, Tenant's possession of the Leased Premises under the Lease, or any extensions or renewals thereof which may be effected in accordance with any option therefor in the Lease, shall not be diminished or interfered with by Lender and Lender will not join Tenant as a party defendant in any action or proceeding for the purpose ofterminating Tenant's interest and estate under the Lease because of any default under the Deed of Trust. Section 7. If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforced to the f,Tfeatest extent permitted by law. This Agreement may be executed in any number of counterparts all of which taken together shall constitute one and the same instrument, and any of the parties or signatories hereto may execute this Af,Tfeement by signing any such counterpart. No provision of this Af,Tfeement may be changed, waived, NEWYl\8167124.4 3