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201000153 <br />environmental laws, Landlord's title, Landlord's authority, habitability, fitness for purpose, or <br />possession except for the limited covenant of title set forth in the Lease. <br />In the event that Lender shall acquire title to the Trust Estate, Lender shall have no obligation, <br />nor incur any liability, beyond Lender's then equity interest, if any, in the Trust Estate, and <br />Tenant shall look exclusively to such equity interest of Lender, if any, in the Trust Estate for the <br />payment and discharge of any obligations or liability imposed upon Lender hereunder, under the <br />Lease or under any new lease of the Trust Estate, .except with respect to the misappropriation of <br />insurance or condemnation proceeds which have been received by Lender. <br />5. Tenant hereby acknowledges Lender as being entitled to copies of all notices of Landlord <br />default(s)., if any, under the Lease in the same manner as, and whenever, Tenant shall give any <br />such notice of default to Landlord, and no such notice of default shall be deemed given to <br />Landlord unless and until a copy of such notice shall have been so delivered to Lender. Tenant <br />shall accept performance by Lender of any term, covenant, condition or agreement to be <br />performed by Landlord under the Lease with the same force and effect as though performed by <br />Landlord and shall accept notices of default from Lender. Lender's cure of Landlord's default <br />shall not be considered an assumption by Lender of Landlord's other obligations under the <br />Lease. lf, in curing any such default, Lender requires access to the Trust Estate to effect such <br />cure, Tenant shall furnish access to the Trust Estate to Lender as required by Lender to effect <br />such cure at all reasonable times and manners; provided that Tenant's occupancy, use and <br />enjoyment of the Trust Estate is not unreasonably disrupted thereby. Unless Lender otherwise <br />agrees in writing, Lender shall have no liability to perform Landlord's obligations under the <br />Lease, both before and after Lender's exercise of any right or remedy under this Agreement <br />except as to the rights of Tenant set forth in paragraph 2 hereof. Neither Lender nor any other <br />purchaser at foreclosure or recipient of a deed in lieu thereof shall become liable under the Lease <br />unless and until Lender or such other purchaser or recipient becomes, and then only with respect <br />to periods in which Lender or its designee or nominee is, the owner of Landlord's interest in the <br />Trust Estate. Lender shall have the right, without Tenant's consent but subject to the provisions <br />of this Agreement, to foreclose, or exercise any power of sale under; the Security Instrument or <br />to accept a conveyance in lieu of foreclosure of the Security Instrument or to exercise any other <br />remedies under the Loan Documents. <br />6. Tenant agrees that Tenant shall not, without the prior written consent of Lender, <br />(a) amend or modify the Lease, (b) terminate, cancel or surrender the Lease except in accordance <br />with the express provisions thereof, or enter into any agreement with Landlord to do so, (c) pay <br />any installment of rent under the Lease more than one month in advance of the due date thereof <br />or otherwise than in the manner provided for in the Lease, or (d) sublease all or any part of the <br />Trust Estate except in accordance with the terms of the Lease. Tenant further agrees that upon <br />the assignment or sublease of the Lease in accordance with the terms of the Lease, Tenant shall <br />remain primarily liable for all obligations under the Lease. <br />7. Tenant has no knowledge of any prior assignment or pledge of the rents accruing under <br />the Lease by Landlord. Tenant hereby consents to the Assignment of Lease and Rents. Tenant <br />acknowledges that the interest of the Landlord under the Lease is to be assigned to Lender solely <br />as security for the purposes specified in said assignment, and Lender shall have no duty, liability <br />or obligation whatsoever under the Lease or any extension or renewal thereof, either by virtue of <br />said assignment or by any subsequent receipt or collection of rents thereunder, unless Lender <br />15447663.2. BUSTNESS3 <br />