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is <br />TRANSFER OF LANDLORD'S INTEREST <br />37. In the event of the sale, assignment or transfer by Landlord of its interest in the Premises or in this Lease (other than a collateral <br />assignment to secure a debt of Landlord) to a successor in interest who expressly assumes the obligations of Landlord under this <br />Lease; Landlord shall thereupon be released and discharged from all its covenants and obligations under this Lease, except those <br />obligations that have accrued prior to such sale, assignment or transfer, and Tenant agrees to look solely to the successor rn interest of <br />Landlord for the performance of those covenants accruing after such sale, assignment or transfer. Landlord's assignment of this Lease, <br />or of any or all of its rights in this Lease, shall not affect Tenant's obligations hereunder, and Tenant shall attorn and look to the <br />assignee as Landlord, provided Tenant has first received written notice ofthe assignment of Landlord's interest. <br />SPECIAL STIl'ULATIONS <br />38. Any special stipulations are set forth in the attached Exhibit A .insofar as said Special Stipulations <br />conflict with any of the foregoing provisions, said Special Stipulations shall control. <br />MEMORANDUM OF LEASE <br />39. Upon request by either Landlord or Tenant, the parties hereto shall execute a short form lease (Memorandum of Lease) in <br />recordable form, setting forth such provisions hereof (other than the amount of Base Monthly Rent and other sums due) as either party <br />may wish to incorporate. The cost ofrecording such memorandum of lease shall be borne by the party requesting execution of same. <br />THIS DOCUMENT IS A LEGAL DOCUMENT. EXECUTION 01; THIS DOCUMENT HAS LEGAL CONSEQUENCES THAT <br />COULD BE ENFORCEABLE IN A COURT OF LAW. THE NORTH CAROLINA ASSOCIATION OF REALTORS® MAKES NO <br />REPRESENTATIONS CONCERNING THE LEGAL SUFFICIENCY, LEGAL EFFECT OR TAX CONSEQUENCES OF THIS <br />DOCUMENT OR THE TRANSACTION TO WHICT-I IT RELATES AND RECOMMENDS THAT YOU CONSULT YOUR <br />ATTORNEY. <br />IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, the date and year first above written. <br />LANDLORD: <br />Individual Business Entity <br />{SEAL) .. JCBH Properties, LLC <br />(Name of Firm) <br />(SEAL) By: <br />Title: <br />TENANT: <br />Individual <br />Business Entity <br />Jim R. Cates <br />(SEAL) <br />Member Manager .._ <br />(SEAL) _ ._. Cot1n . of Oran~.._ <br />(Name of Fzrm) <br />(SEAL} By: (S~) <br />Barry Jacobs <br />Title: Chaff erson „ <br />Page 8 of S <br />STANDARD FORM 590-T <br />© 7/2002 <br />nvs i«m pranced by Formrrlator"r~s solnra~e soaaas-~az7 <br />