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<br /> <br /> <br /> <br /> 200908532 <br /> <br /> <br /> <br /> If to Tenant: Walgreen Co. <br /> .104 Wilmot Road, MS 1420 <br /> <br /> Deerfield, Illinois 60015 <br /> <br /> If to Landlord: Formcraft Corporation <br /> <br /> 2374 South 87`x' Street <br /> Omaha, NE 8124 <br /> <br /> <br /> provided that each party by like notice may designate any future or different addresses to. which <br /> subsequent notices shall be sent. Notices shall be deemed given upon receipt or upon refusal to <br /> accept delivery. <br /> <br /> 11. Tenant agrees that the right of first refusal shall not apply to Successor Landlord through <br /> a foreclosure, deed-in-lieu of foreclosure or any other enforcement action under the Mortgage; <br /> <br /> provided, however, such right of first refusal shall apply to subsequent purchasers of the Leased <br /> Premises. It is the express intention of Landlord and Tenant that the acquisition by either party <br /> of the right, title, interest and estate of the other party in and to the Leased Premises shall not <br /> <br /> result in termination or cancellation of the Lease by operation of the principle of merger of <br /> estates or otherwise, notwithstanding any applicable law to the contrary. <br /> <br /> 12. To facilitate execution, this Agreement may be executed in as many counterparts as may <br /> be convenient or required. It shall not be necessary that the signature and acknowledgment of, or <br /> on behalf of, each party, or that the signature and acknowledgment of all persons required to bind <br /> <br /> any party, appear on each counterpart. All counterparts shall collectively constitute a single <br /> instrument. It shall not be necessary in making proof of this Agreement to produce or account <br /> for more than a single counterpart containing the respective signatures and acknowledgment of, <br /> or on behalf of, each of the parties hereto. Any signature and acknowledgment page to any <br /> <br /> counterpart may be detached from such counterpart without impairing the legal effect of the <br /> signatures and acknowledgments thereon and thereafter attached to another counterpart identical <br /> thereto except having attached to it additional signature and acknowledgment pages. <br /> <br /> 13. This Agreement shall also bind and benefit the heirs, legal representatives, successors and <br /> <br /> assigns of the respective parties hereto, and all covenants, conditions and agreements herein <br /> contained shall be construed as running with the land. <br /> <br /> 5 <br /> Store # 12538 <br /> <br /> <br /> <br /> <br /> <br /> <br /> I. <br /> II' <br /> <br /> <br /> <br /> <br /> <br /> <br /> l <br /> <br /> III <br /> d <br />