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HomeMy WebLinkAbout1732 ~ ~ . ~ 1' ~ ; + , ' NOW, THEREFORE, the parties hereto mutually covenant f ~ , ~ and agree as follows: ~ ; : 1. The Lease is in full force and effect in accordance ~ ~ ~'with its terms as modified hereby; the Tenant has accepted the ~ ; ; ~ ~ ;~premises demised thereunder, is in possession and is paying the j ; ~ ~ `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 ` ! prior written consent of the holder of the Mortgage, (i) modify ~ I "'the Lease or any extensions or renewals thereof in such a way as ~ ~ ~ ' to reduce the rent, accelerate rent payments, shorten the original; ~ s ~ " term, or change any renewal option; (ii) terminate the Lease ~ 3 , ~ ~except ~s provided by its terms; (iii) tender or accept a ~ ~ surrender of the Lease o~r make a prepayment i~ excess of one ~ : } r 'month of any rent thereunder; or (iv) subordinate or permit f 3 ; ; subordi.nation of the Lease to any lien subordinate to the Mortgage. Any such purpor ted action without such consent shall ~ ; -=.be void as against the holder of the Mortgage. ; ' - ~ ~ 3. Any notice required to be given by the Tenant 1 ~ to the Owner shall be given also to the holder of the Mortgage ~ ' ~ ~: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 ~ ~ 1 ~ notice so given. Performance by the hoZder of the Mortgage shall ~ ~ ~ satisfy any conditions of the Lease requiring performance by i ~ ~ ~ the Owner . , ~ ; 4. The Lease is and shall remain subject and sub- ; . ~ ordinate to the Mortgage. This provision shall be self-operative ; ~ but the Tenant will execute and deliver any additional instruments; ; which may be required by the h older of the Mortgage to evidence ~ i such subordination. ~ -2- ~ ~ ~ ~ ;~ZU4 ~1~31 : ~ i : y ~ , , - 1.. - ~ - . ~~y .-Y~..~c'~.-~'~ ~ v ~ , i ~ °n~2. = k~ ~