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6A (2)
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08-16-12 Packet
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6A (2)
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iii. Provide Landlord a minimum thirty (30) days' prior written notice, unless a shorter period is <br />agreed to in writing by Landlord, of any proceeding relating to any assumption of this Lease or any intent to <br />abandon the Premises, which abandonment shall be deemed a rejection of this Lease, and <br />iv. To perform to and for the benefit of Landlord as otherwise required under the Code. <br />The failure of Tenant to comply with the above shall result in an automatic rejection of this Lease and the <br />automatic stay under Section 362 of the Code shall automatically be terminated as to Landlord and the Premises. <br />(d) Accumulative Rights. The rights, remedies and liabilities of Landlord and Tenant set forth in this <br />Section 11.7 shall be in addition to those which may now or hereafter be accorded, or imposed upon, Landlord and <br />Tenant by the Code. <br />(e) Changes in Code. If the Code is changed or amended such that any references in this Section 11.7 <br />to particular provisions or terms of art lose the meaning that they have as of the Effective Date, such provisions or <br />terms of art of this Lease shall be deemed to be amended to reflect such changes in the Code. <br />ARTICLE XI1. <br />ESTOPPEL CERTIFICATES, ATTORNMENT, AND SUBORDINATION. <br />12.1. Estoppel Certificates. Tenant and Landlord agree to execute and deliver, within ten (10) days after <br />request therefor by the other party, a statement, in writing, certifying to Landlord and/or any party designated by <br />Landlord, or Tenant and /or any party designated by Tenant, as the case may be, that: (a) this Lease is in full force <br />and effect; (b) the Commencement Date; (c) that Rent is paid currently without any off -set or defense thereto, (d) the <br />amount of Rent, if any, paid in advance; (e) that there are no known uncured defaults by Landlord or Tenant, or <br />stating those known and claimed, provided that, in fact, such facts are accurate and ascertainable, and (f) any other <br />information reasonably requested. <br />12.2. Attomment. In the event any proceedings are brought for the foreclosure of, or in the event of <br />conveyance by deed -in -lieu of foreclosure of, or in the event of exercise of the power of sale under any mortgage <br />made by Landlord covering the Premises, Tenant hereby attorns to the successor -in- interest of Landlord and <br />covenants and agrees to execute an instrument in writing reasonably satisfactory to same whereby Tenant attorns to <br />such successor -in- interest and recognizes such successor -in- interest as Landlord hereunder. <br />12.3. Subordination. <br />(a) Landlord shall have the right at any time and from time -to -time to create security interests in the <br />form of a mortgage, deed of trust or other similar lien or encumbrance (a "Mortgage ") upon or affecting Landlord's <br />fee estate in the Premises, or any part thereof, and the rights of Tenant under this Lease shall be subject and <br />subordinate to any such Mortgage; provided, however, that in the event of any foreclosure or sale under any such <br />Mortgage or the delivery by Landlord of any deed -in -lieu of foreclosure to the holder of any such Mortgage, then <br />the holder of any such Mortgage agrees not to disturb Tenant's possession so long as Tenant is not in default under <br />the terns of this Lease beyond any notice and /or cure periods provided for under this Lease and attorns to such <br />holder or the foreclosure purchaser as Landlord under this Lease. Said subordination shall be self - operative and no <br />further instrument of subordination shall be necessary unless required by any such Mortgage holder, in which event <br />Tenant agrees to, within ten (10) days after request by Landlord or the Mortgage holder, execute any agreement <br />reasonably required by such Mortgage holder to memorialize said subordination and to memorialize the terns of any <br />related agreements between Tenant and such Mortgage holder. Any holder of any of any such Mortgage is herein <br />referred to as "Landlord's Mortgagee(s)." Notwithstanding the foregoing, a Landlord's Mortgagee may at any time <br />subordinate its Mortgage to this Lease without Tenant's consent by notice in writing to Tenant, and thereupon this <br />Lease shall be deemed prior to such Mortgage without regard to their respective dates of execution and delivery and, <br />in that event, such Landlord's Mortgagee shall have the same rights with respect to this Lease as though it had been <br />executed prior to the execution and delivery of any such Mortgage and had been assigned to such Landlord's <br />Mortgagee. <br />
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