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200908532
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Last modified
10/27/2009 2:40:03 PM
Creation date
10/27/2009 2:19:17 PM
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DEEDS
Inst Number
200908532
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<br /> I 200908532 <br /> <br /> <br /> <br /> <br /> <br /> <br /> a). Liable for any act or omission of any prior landlord (including Landlord) or <br /> <br /> subject to any offsets or defenses which Tenant might have against any prior landlord (including <br /> Landlord), except for any defaults or remedies of which Tenant has notified Mortgagee prior to <br /> Successor Landlord becoming bound by the Lease in accordance with paragraph 2. Successor <br /> Landlord will not be held liable for any consequential damages for defaults of any prior <br /> <br /> Landlord; or <br /> <br /> b). Bound by any payment of any rent or additional rent which Tenant might have <br /> paid for more than the current month to any prior landlord (including Landlord); or <br /> <br /> c). Bound by any amendment or modification of the Lease made without <br /> Mortgagee's written consent. <br /> <br /> <br /> 6. During the continuance of said Mortgage, Tenant shall use reasonable efforts to give <br /> written notice to Mortgagee of all defaults by Landlord of those obligations under said Lease <br /> which are of a nature as to give Tenant a right to terminate said Lease, reduce rent, or to credit or <br /> offset any amounts against future rents, and Mortgagee shall have the same opportunity as <br /> <br /> provided to Landlord in said Lease (but shall not be required) to cure the same. In any event <br /> (except as otherwise provided in the next sentence of this paragraph), Tenant's failure to provide <br /> Mortgagee such written notice shall not impair any rights granted or derived by Tenant under <br /> said Lease and/or this Agreement. In no event shall Tenant terminate the Lease as a result of any <br /> <br /> breach or default of the Lease unless Tenant has provided Mortgagee notice and afforded the <br /> Mortgagee the same opportunity to cure such breach or default as provided to Landlord in said <br /> Lease; provided, however, that Mortgagee shall not be obligated to remedy or cure any default of <br /> <br /> Landlord under the Lease. <br /> <br /> 7. Tenant hereby agrees that upon receipt of written notice from Mortgagee of a default by <br /> Landlord under said Mortgage, all checks for rent and other sums payable by Tenant under said <br /> Lease to Landlord shall, from the date of Tenant's receipt of such written notice, be delivered to <br /> <br /> and drawn to the exclusive order of Mortgagee until Mortgagee or a court of competent <br /> jurisdiction shall direct otherwise. Such an assignment of rent shall not relieve Landlord of any <br /> of its obligations under said Lease and shall not modify or diminish any rights granted to Tenant <br /> by said Lease or this Agreement, including but not limited to, any rights contained in said Lease <br /> <br /> which allow Tenant the right of so-called self help, offsets or deductions in the event of default <br /> or otherwise. Landlord hereby consents and agrees to the provisions of this paragraph and <br /> 3 <br /> Store # 12538 <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> r; <br /> <br /> II <br /> <br /> <br /> I <br /> ,r <br /> <br /> <br /> <br /> d~. <br />
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