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or accept the Mortgage unless this Agreement has first been executed
and delivered;
NOW THEREFORE, in consideration of the mutual covenants
and agreements herein contained, the parties hereto agree and
covenant as follows:
1. Provided Winn-Dixie is not in default (beyond any
period given Winn-Dixie to cure such default and has been given -
notice thereof) under the terms of the Lease, then:
(a) The right of possession of Winn-Dixie to the
leased premises and Winn-Dixie's rights arising out of the
Lease shall not be affected or disturbed by Federal in the
. exercise of any of its rights under the Mortgage or the note
secured thereby; nor shall Winn-Dixie be named as a party
defendant to any foreclasure of the lien of the Mortgage, nor
in any other way be deprived of its rights under the Lease.
(b) In the event that Federal or any other person acquires
title to the mortgaged premises pursuant to the exercise of any
remedy provided for in the Mortgage, the Lease shall not be
i terminated or affected by said foreclosure or sale or transfer
~ in lieu of foreclosure or any such proceeding and Federal
i
~ hereby covenants that any sale by it of the mortgaged premises
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~ pursuant to the exercise of any rights and remedies under the
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~ Mortgage or otherwise, shall be made subject to the Lease and
~ the rights of Winn-Dixie thereunder; and Winn-Dixie covenants
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~ and agrees to attorn to Federal or such other person as its
~ new landlord and the Lease shall continue in full force and
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~ effect as a direct lease between Winn-Dixie and Federal or such ;
~ }
other person upon all the terms, covenants, conditions and
r~ agreements set forth in the Lease.
2. The Lease shall be and hereby now is made subject and
" subordinate to the lien of the Mortgage and to all the terms, condi-
:`;y; ~
tions and provisions thereof, to all advances made or to be made
thereunder, and to any renewals, extensions, modifications or
rf~ replacements thereof.
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` { ~ ao~22S ~ 324
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