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200905835 <br />4. Mortgagee's notice and cure rights are as stated in the <br />article of the Penney Lease captioned "Mortgagee's Opportunity to <br />Cure Defaults". <br />5. Landlord and Tenant may, from time to time, modify or <br />amend the Penney Lease without Mortgagee's consent, provided such <br />modifications or amendments do not result in the reduction of the <br />lease term or rent payable thereunder or make Landlord's <br />obligations thereunder more onerous; any such modifications <br />having such result and made without Mortgagee's written consent <br />shall be void and of no force and effect as between Mortgagee and <br />Tenant. <br />6. Tf Tenant has not received one original, fully executed <br />copy of this Agreement, together with one copy of the recorded <br />Agreement indicating that the Agreement has been recorded in the <br />appropriate Recorder's Office, by September ~5, 2009, the <br />execution thereof by J. C. Penney Corporation, Inc. shall be <br />deemed null and void. Furthermore, if any changes, additions or <br />deletions are made to this Agreement without first obtaining <br />Tenant's written approval thereof, the execution hereof by J. C. <br />Penney Corporation, Inc. shall be deemed null and void. <br />7. This Agreement shall be binding upon and inure to the <br />benefit of the parties hereto and their respective heirs, <br />successors and assigns and all subsequent owners of the Entire <br />Premises acquiring title thereto from or through Mortgagee. <br />3 <br />