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201104049 <br />Site Name: GRIP JABBA <br />Site No: NE 9164 <br />collectively referred to as "Mortgagees "), provided such Mortgagees agree to be bound by the terms <br />and provisions of this Lease. In such event, Lessor shall execute such consent to leasehold financing <br />as may reasonably be required by Mortgagees. Lessor agrees simultaneously to notify in writing <br />Lessee and the Mortgagee of Lessee having first priority as to Lessee's leasehold interest and which <br />has requested notice from Lessor of any default by Lessee and to give such Mortgagee the same right <br />to cure any default as Lessee, except the cure period for any Mortgagee shall not be less than ten (10) <br />days after receipt of the default notice. <br />8. Lessor agrees that Lessee's property is not Lessor's property and agrees to recognize the rights of the <br />lender, Lessor, secured creditor or Lessor, if any ( "Secured Party") of Lessee's property. <br />Notwithstanding anything to the contrary contained herein, Lessor hereby agrees to subordinate any <br />claim arising by way of any Lessor's lien (whether created by statute or by contract) or otherwise with <br />respect to Lessee's property and agrees, if confirmation of said subordination and recognition of <br />Secured Party's rights is requested by Lessee or Secured Parry, to execute and deliver a subordination <br />agreement and/or other document satisfactory to Secured Party with thirty (3 0) days from Lessee's or <br />Secured Party's written request. <br />9. Within fifteen (15) days after a request by Lessor or Lessee, as the case may be, Lessor or Lessee shall <br />execute and deliver to the other an estoppel statement in such reasonable form as the other may <br />request. The estoppel statement shall include representations (i) that this Lease is in full force and <br />effect, (ii) that there are no uncured defaults in the other party's performance hereunder, and/or (iii) <br />that not more than one (1) annual installment of the rental has been paid in advance. <br />10. If at any time during this Lease the Real Property is or becomes encumbered by a deed to secure a <br />debt, mortgage or other security interest, Lessor will use best efforts and at Lessee's request and <br />reasonable expense, to provide promptly to Lessee a mutually agreeable subordination, non - <br />disturbance and attornment agreement executed by Lessor and the holder of such security interest. <br />11. Except as amended hereby, all of the other terms, agreements and provisions of the Lease are hereby <br />ratified and confirmed by Lessor and Lessee. A short-form memorandum of this Amendment may be <br />recorded at Lessor or Lessee's option the office of the recorder of deeds for the county in which the <br />Real Property is located. In the event of any inconsistencies between the Lease and this Amendment, <br />the terms of this Amendment shall control. The Lease, as amended, shall be binding upon and inure to <br />the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. <br />Except as amended hereby, all of the capitalized terms used herein shall have the same meaning as <br />contained in the Lease. <br />[Signature Pages to Follow.] <br />