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5 <br />BOOK PAGE <br />2831 320 <br />Facilities Manager <br />Post Office Box 931 <br />Durham, NC 27702 <br />or at such other address as may hereafter be designated in writing by either party hereto. The <br />time and date on which mail is postmarked shall be the time and date on which such <br />communication is deemed to have been given. <br />3. Covenant of Title: Lessor covenants, represents and warrants that it has full <br />right and power to execute and perform this Lease. If at any time during the term hereby demised <br />the title of Lessor shall fail or it shall be discovered that Lessor's title does not permit Lessor to <br />grant the term hereby demised, Lessee's remedy, which shall be exclusive of all other remedies, <br />shall be to annul and void this lease. <br />4. Subordination: Lessee agrees that this lease is and shall remain subject and <br />subordinate to and may be assigned as security for any present and all future mortgages or deeds <br />of trust which may now or hereafter affect the lease premises. This clause shall be self-operative <br />and no further instrument shall be necessary to effect such subordination. However, Lessee shall <br />execute promptly and deliver to Lessor any such certificate or certificates in writing as Lessor <br />may request evidencing the subordination of .this lease to or the assignment of this lease as <br />additional security for any such mortgage or deed of trust and Lessee hereby constitutes and <br />appoints Lessor as Lessee's attorney-in-fact coupled with an interest to execute any such <br />certificate, certificates or assignments on Lessee's behalf in default of such execution by Lessee. <br />In the event the property owned by Lessor upon which this right of way easement is located is <br />sold pursuant to a court order in any foreclosure proceeding or is sold pursuant to a power of sale <br />contained in any mortgage or deed of trust, Lessee agrees to execute an attornment agreement <br />with such purchaser not in conflict herewith at the request of such purchaser. <br />3 <br />