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~~ than any obligations assumed by the Permitted Leasehold Mortgagee), all such liability (other than any
<br />obligatians assumed by the Pemutted Leasehold Mortgagee) being expressly waived by Lessor.
<br />(1) Lessor, within 10 days after a request in writing by Lessee or any Permitted
<br />~• 1 Leaseho:ld Mortgagee, shall furnish a written statement, duly acknowledged, that this Lease is in full
<br />force an,d effect and unamended, or if there aze any amendments, such statement will specify the
<br />~ amendments, and that there are no defaults by Lessee that aze known to Lessor, or if there aze any
<br />~{ known d.efaults, such statement shall specify the defaults Lessor claims exist.
<br />(m) No payment made to Lessor by any Pemutted Leasehold Mortgagee shall
<br />constitutte agreement that such payment was, in fact, due under the terms of this Lease; and the
<br />Permitted Leasehold Mortgagee havmg made any payment to Lessor pursuant to Lessor's wrongful,
<br />impropex, or mistaken notice or demand shall be entitled to the return of any such payment or portion,
<br />providedl it shall have made demand not later than one yeaz after the date of its payment.
<br />( n) Lessor, on reqnest, shall execute, acknowledge, and deliver to each Permitted
<br />Leasehold Mortgagee an agreement prepared at the sole cost and expense of Lessee, in form
<br />satisfact~~ry to the Permitted I.easehold Mortgagee and Lessor, among Lessor, I.essee, and the Permitted
<br />Leasehold Mortgagee, agreeing to all the provisions of this section. -
<br />- ( o) Lessor shall at no time be required to snbordinate its fee simple interest in the
<br />Premise~ti to the lien of any leasehold mortgage, nor to mortgage its fee simple interest in the Premises as
<br />collater~l or additional security for any leasehold mortgage. Lessor shall attom to any Permitted
<br />Leasehold Mortgagee or any other person who becomes Lessee by, through, or under a Permitted
<br />Leaseho:ld Mortgage.
<br />(p) If Lessee is declared banla~upt or insolvent and this Lease is thereafter lawfully
<br />canceled or rejected, Lessor shall imme~iiately execute a new lease nnder the same terms and conditions
<br />as this L~ease to the Permitt~d I.easehold Mortgagee or its nominee, pmvided that all defaults nnder this
<br />Lease ezcept the banl~uptcy or insolvency of I,essee be cured by the Permitted Leasehold Mortgagee
<br />or its nominee.
<br />(q) If Lessor declares bankruptcy and Lessor's bankruptcy trustee rejects this
<br />Lease when there is a Leasehold Mortgagee, Lessee's nght to elect to terminate this Lease or to retain its
<br />rights pi~rsuant to §365(h)(1) of the Banl~uptcy Code shall be exercised by the Leasehold Mortgagee. .
<br />~~ Section ,22. Transfer of Intcrest by Lessor
<br />,} Lessor may sell, exchange, assign, transfer, convey, contribute, distribute, or otherwise dispose
<br />of all or any part of its interest (called "Lessor's Interest") in the Premises or this Lea.se (including but
<br />~ not limited to Lessor's reversion). ~
<br />Section 23. Lessor's Right to Encumber
<br />Lessor, during the Term, may encumber, mortgage, pledge, or otherwise hypothecate its fee
<br />~ • simple interest in the Premises. This lease is and shall be pnor to any mortgage or deed of trust
<br />("Encumbrance") recorded after the date of this lease and affecting the Premises. However, if any lender
<br />holding such an Encumbrance requires that this lease be subordinate to the Encumbrance, then L.essee
<br />_ agrees that the lease shall be subordinate to the Encumbrance if the holder thereof agrees in writing with
<br />Lessee t~at as long as Lessee perforn~s its obligations under this lease no foreclosure, deed given m lieu
<br />~~ of foreclosure, or sale pursuant to the terms of the Encumbrance, or other steps or procedures t~lcen
<br />under the Encumbrance shall affect Lessee's rights under this lease. If the foregoing condition is met,
<br />L,essee shall execute the written agreement and any other documents required by the holder of the
<br />~ Encumbrance to accomplish the purposes of this paragraph. If the premises aze sold as a result of
<br />foreclosiue of any Encumbrance thereon, or otherwise transfened by Lessor or any successor, Lessee
<br />shall attc~m to the purchaser or transferee.
<br />(~~
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