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' NOW, THEREFORE, the parties hereto mutually covenant f ~
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and agree as follows: ~ ;
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1. The Lease is in full force and effect in accordance ~ ~
~'with its terms as modified hereby; the Tenant has accepted the ~ ;
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;~premises demised thereunder, is in possession and is paying the j
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`rent therein reserved; and no default thereunder exists on the ~
part of either the Owner or the Tenant. ~ ~
2. Neither the Owner nor the Tenant will, without the `
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prior written consent of the holder of the Mortgage, (i) modify ~
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"'the Lease or any extensions or renewals thereof in such a way as ~ ~
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' to reduce the rent, accelerate rent payments, shorten the original; ~
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" term, or change any renewal option; (ii) terminate the Lease ~ 3
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~except ~s provided by its terms; (iii) tender or accept a ~
~ surrender of the Lease o~r make a prepayment i~ excess of one ~ :
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'month of any rent thereunder; or (iv) subordinate or permit f 3
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; subordi.nation of the Lease to any lien subordinate to the
Mortgage. Any such purpor ted action without such consent shall ~
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-=.be void as against the holder of the Mortgage. ; '
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3. Any notice required to be given by the Tenant 1 ~
to the Owner shall be given also to the holder of the Mortgage ~
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~:provided such holder (other than the Bank) shall h3ve notified ~
~ the Tenant in writing of its name and addr ess, and any right of ~ ;
the Tenant dependent upon notice shall take effect only after ~ ~
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notice so given. Performance by the hoZder of the Mortgage shall ~
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satisfy any conditions of the Lease requiring performance by i ~
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~ the Owner . ,
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4. The Lease is and shall remain subject and sub- ;
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ordinate to the Mortgage. This provision shall be self-operative ;
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but the Tenant will execute and deliver any additional instruments;
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which may be required by the h older of the Mortgage to evidence ~
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such subordination. ~
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