THAT SUCH CONSENT SHALL
NOT BE REQUIRED IF SUCH SURRENDER, TERMINATION, AMENDMENT OR MODIFICATION OF THE
LEASE IS PURSUANT TO TENANT'S EXPRESS RIGHTS AS SET FORTH IN THE LEASE.
5.
TENANT AGREES THAT, NOTWITHSTANDING ANY PROVISION HEREOF TO THE
CONTRARY, THE TERMS OF THE MORTGAGE SHALL CONTINUE TO GOVERN WITH RESPECT TO THE
DISPOSITION OF ANY INSURANCE PROCEEDS OR EMINENT DOMAIN AWARDS, AND ANY
OBLIGATIONS OF LANDLORD TO RESTORE THE REAL ESTATE OF WHICH THE PREMISES ARE A
PART SHALL, INSOFAR AS THEY APPLY TO LENDER, BE LIMITED TO INSURANCE PROCEEDS OR
EMINENT DOMAIN AWARDS RECEIVED BY LENDER AFTER THE DEDUCTION OF ALL COSTS AND
EXPENSES INCURRED IN OBTAINING SUCH PROCEEDS OR AWARDS, PROVIDED THAT IF THE
PREMISES ARE NOT RESTORED AS PROVIDED IN THE LEASE, TENANT MAY TERMINATE THE
LEASE.
26
6.
TENANT HEREBY AGREES TO GIVE TO LENDER COPIES OF ALL NOTICES OF
LANDLORD DEFAULT(S) UNDER THE LEASE IN THE SAME MANNER AS, AND WHENEVER, TENANT
SHALL GIVE ANY SUCH NOTICE OF DEFAULT TO LANDLORD, AND NO SUCH NOTICE OF DEFAULT
SHALL BE DEEMED GIVEN TO LANDLORD UNLESS AND UNTIL A COPY OF SUCH NOTICE SHALL
HAVE BEEN SO DELIVERED TO LENDER.
LENDER SHALL HAVE THE RIGHT TO REMEDY ANY
LANDLORD DEFAULT UNDER THE LEASE, OR TO CAUSE ANY DEFAULT OF LANDLORD UNDER THE
LEASE TO BE REMEDIED, AND FOR SUCH PURPOSE TENANT HEREBY GRANTS LENDER SUCH
ADDITIONAL PERIOD OF TIME AS MAY BE REASONABLE TO ENABLE LENDER TO REMEDY, OR
CAUSE TO BE REMEDIED, ANY SUCH DEFAULT IN ADDITION TO THE PERIOD GIVEN TO
LANDLORD FOR REMEDYING, OR CAUSING TO BE REMEDIED, ANY SUCH DEFAULT.
TENANT
SHALL ACCEPT PERFORMANCE BY LENDER OF ANY TERM, COVENANT, CONDITION OR AGREEMENT
TO BE PERFORMED BY LANDLORD UNDER THE LEASE WITH THE SAME FORCE AND EFFECT AS
THOUGH PERFORMED BY LANDLORD.
NO LANDLORD DEFAULT UNDER THE LEASE SHALL EXIST
OR SHALL BE DEEMED TO EXIST (I) AS LONG AS LENDER, IN GOOD FAITH, SHALL HAVE
COMMENCED TO CURE SUCH DEFAULT WITHIN THE ABOVE REFERENCED TIME PERIOD AND SHALL
BE PROSECUTING THE SAME TO COMPLETION WITH REASONABLE DILIGENCE, SUBJECT TO
FORCE MAJEURE, OR (II) IF POSSESSION OF THE PREMISES IS REQUIRED IN ORDER TO
CURE SUCH DEFAULT, OR IF SUCH DEFAULT IS NOT SUSCEPTIBLE OF BEING CURED BY
LENDER, AS LONG AS LENDER, IN GOOD FAITH, SHALL HAVE NOTIFIED TENANT THAT LENDER
INTENDS TO INSTITUTE PROCEEDINGS UNDER THE SECURITY DOCUMENTS, AND, THEREAFTER,
AS LONG AS SUCH PROCEEDINGS SHALL HAVE BEEN INSTITUTED AND SHALL BE PROSECUTED
WITH REASONABLE DILIGENCE.
LENDER SHALL HAVE THE RIGHT, WITHOUT TENANT'S
CONSENT, TO FORECLOSE THE MORTGAGE OR TO ACCEPT A DEED IN LIEU OF FORECLOSURE OF
THE MORTGAGE OR TO EXERCISE ANY OTHER REMEDIES UNDER THE SECURITY DOCUMENTS.
7.
TENANT HEREBY CONSENTS TO THE ASSIGNMENT OF LEASES AND RENTS FROM
LANDLORD TO LENDER IN CONNECTION WITH THE LOAN.
TENANT ACKNOWLEDGES THAT THE
INTEREST OF THE LANDLORD UNDER THE LEASE IS TO BE ASSIGNED TO LENDER SOLELY AS
SECURITY FOR THE PURPOSES SPECIFIED IN SAID ASSIGNMENTS, AND LENDER