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200901438 lease between Tenant and Lender and upon all terms, covenants, and conditions contained therein, except that Lender shall not be: (a) liable for any breach, act or omission of any prior landlord; (b) subject to any offsets, claims or defenses which Tenant may have against any prior landlord; (c) bound by any rent or additional rent or other payment in lieu of rent which Tenant might have paid to any prior landlord more than 30 days in advance of its due date under the Lease, and all such rents shall remain due and owing notwithstanding any such advance payment; (d) bound by any amendment or modification of the Lease made without Lender's prior written consent; (e) liable for any security deposit or other sums held by any prior landlord, unless actually received by Lender; or (f) personally liable with respect to performance of the obligations of the landlord under the Lease. 4. The provisions of Paragraphs 2 and 3 above shall be effective and self- operative immediately upon Lender's succeeding, as provided above, to the interest of Landlord under the Lease without the execution of any further instruments on the part of any of the parties hereto. 5. Tenant agrees to give prompt written notice ("Default Notice") to Agent of any default by Landlord of its obligations under the Lease which would entitle Tenant to terminate the Lease, reduce rents, or to credit or offset any amounts against rents or other payments, specifying the nature of the default. After receipt of a Default Notice, Lender shall have the right (but not the obligation) to correct or cure the default of Landlord within thirty (30) days, unless the default is of such a nature that cannot be cured within such 3D-day period, in which case no default shall occur so long as Lender shall commence the curing of the default within such 3D-day period and shall diligently and promptly prosecute the curing of the default. Until the expiration of such period within which Lender may correct or cure the default, Tenant agrees to take no action to terminate the Lease or reduce rents or to credit or offset any amounts against rents or other payments due under the Lease. Nothing in this paragraph shall be deemed to impose any obligation on the Lender to correct or cure any such default by Landlord. 6. Tenant hereby affirms that the Lease has not been modified or amended. Tenant agrees not to enter into a modification of amendment to or assignment of the Lease without obtaining Lender's prior written consent. 7. After receiving notice from Lender that the Property is subject to the ownership or control of Lender pursuant to rights granted to Lender in the Mortgage, Tenant 64504.000043 EMF_US 26509956vl