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HomeMy WebLinkAbout0918 . i I f ~ ' i i; • ~ ~ . 1 ' ~ . ' i . _ J.. ~ , i + i ~(b) Lender will not disturb the use and occupancy o.f Denny's under the Lease. ~ (2) Denny's agrees that: (a) Lender shaZl not be liable for any act or omission of any prior Lessor; and (b) Lender shall not be subject ta any offsets or defenses which Denny's might have against any prior Lessor; (c) Lender shall not be bound by any~ amendment or modification of the Lease or by any waiver or forbearance on the part of~any prior Lessor made or given without the ~ writtPn consent of Lender; and , (d) Lender shall be discharged from all responsibility under the Lease accruing after disposing of - its interest in the Premises; and (e) Lender shall incur no responsibility for any security deposits which were paid by Denny's to any Lessor and which were not received by Lender. ~ (3) If Lender shall become the owner of the Premises or the premises sha1Z be sold by reason of foreclosure, trustee's sale or other proceedinqs brought to enforce the Mortgage or if the Premises shall be transferred by deed in lieu of foreclosure, then Denny's agrees that Denny's shall not disaffirm the Lease or any of its obligations~under the Lease, but shall attorn to Lender or the then owner of the Premises and recognize Lender or the then owner of the Premises as the Iandlord under the Lease. Any other such awner or Iender shall be deemed to have assumed and agreed to be bound, as substitute landlord, by the terms and conditions of the Lease unti~ the resale or other - disposition of its interest, except that such assumption shall not be deemed of itself an acknowledgment by Lender or the then owner of the.Premises of the validity of any then existing claims of Denny's against any prior Landlord. All rights and obligations herein and hereunder shall continue as though Lender had not become the owner of the Premises or as if the Premises had not been sold by reason of . ' foreclosure, trustee's sale or other proceedings to enforce the Mortgage or as if the Premises had not been transferred by deed in lieu of foreclosure, except as aforesaid. (4) This Agreement may not~be modified orally or in any other manner than by an agreement in writing signed by the parties hereto or their respective successors in interest. This Agreement shalZ inure to the benefit of and -2- ~~~94 ~ ~0 ~ - .