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200501886
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Last modified
10/17/2011 2:45:22 AM
Creation date
10/18/2005 3:18:08 PM
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DEEDS
Inst Number
200501886
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200501886 <br />remaining and any extensions or renewals thereof which may be effected in accordance <br />with any option therefor in the Lease, with the same force and effect as if the Successor <br />Landlord were the landlord under the Lease. Tenant does hereby agree to attorn to the <br />Successor Landlord. <br />4. At such time that Successor Landlord succeeds to the interest of Landlord <br />under the Lease, Successor Landlord shall be bound to Tenant under all of the terms, <br />covenants and conditions of the Lease for the balance of the term remaining and any <br />extensions or renewals thereof which may be effected in accordance with any option <br />therefor in the Lease; provided, however, Tenant agrees that a Successor Landlord shall <br />not be: <br />(a) personally liable for any act or omission of any prior landlord under the <br />Lease; <br />(b) bound by any base rent or additional rent which Tenant may have <br />paid for more than the current or next succeeding month to any prior <br />landlord; or <br />(c) obligated to perform any work in the Premises or any part thereof, <br />other than such work which is required to be performed by Landlord <br />under the Lease; or <br />(d) bound to complete Landlord's Work required under Article IV of the <br />Lease, provided if Landlord has failed to perform such Landlord's <br />Work and /or any additional construction - related obligation(s) of <br />Landlord with respect to Tenant's initial occupancy of Tenant's <br />Premises (the "Construction Obligations ") and Successor Landlord <br />does not agree in writing within thirty (30) days after Tenant's demand <br />after the date of attornment to complete such Construction <br />Obligations within a reasonable period, then Tenant, as its sole <br />remedy, shall have the right to elect either to terminate the Lease by <br />written notice to Successor Landlord, or to complete and pay for such <br />Construction Obligations and offset all reasonable costs thereby <br />incurred (the "Construction Cost "), together with interest on the <br />unrecovered balance of Construction Cost, against any rent thereafter <br />payable, until Tenant shall have so recovered the entire Construction <br />Cost. <br />5. Tenant will notify Lender of any default of Landlord under the Lease which <br />Tenant believes would entitle it to cancel the Lease or abate the base rent or additional <br />rent payable thereunder, and agrees that no notice of cancellation thereof nor any such <br />rent abatement shall be effective against Lender unless Lender has received the notice <br />aforesaid and has failed to cure the default within the longer of thirty (30) days after such <br />notice or such period of time following such notice as Landlord has to cure the default <br />which gives rise to such alleged right of cancellation or abatement ( "Lender Cure Period "). <br />All such notices shall be in writing and shall be deemed to have been given when <br />delivered personally, when deposited in the United States mail, certified or registered, <br />postage prepaid, or when delivered by Federal Express or similar overnight delivery <br />service, addressed as follows: <br />G:\share \legal\AAS \Stores\NE \Grand Island, NE #185 \SNDA.01.2005.revised2.doc <br />02/11/05 <br />2 <br />
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