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Agenda - 11-16-1993 - III-C
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Agenda - 11-16-1993 - III-C
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2/15/2017 11:22:16 AM
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BOCC
Date
11/16/1993
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
III-C
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shall at any time elect to have this Lease constitute a prior or <br /> superior claim to its mortgage or lease, then and in such event <br /> upon any such mortgage holder or Landlord notifying Tenant to that <br /> effect, this Lease shall be deemed prior and superior in lien to <br /> such mortgage or lease, as the case may be, irrespective of whether <br /> this Lease is dated prior to or subsequent to the date of such <br /> mortgage or lease. <br /> If Landlord enters into one or more concurrent or successive <br /> mortgages or ground or underlying leases and Tenant is advised in <br /> writing of the name and address of the mortgagee or Landlord under <br /> such mortgage or ground or underlying lease, as the case may be, <br /> then this Lease shall not be terminated or canceled on account of <br /> any default by the Landlord in the performance of any of the terms, <br /> covenants, or conditions hereof on its part contained, until Tenant <br /> shall have been given written notice of such default to such <br /> mortgagee or Landlord, specifying the default, and such mortgagee, <br /> Landlord or Tenant shall have the right for thirty (30) days from <br /> the date of its receipt of such notice (and such reasonable <br /> additional time as is required to effect the cure with due <br /> diligence) to correct such default . <br /> Tenant shall, in the event any proceedings are brought for the <br /> foreclosure of or in the event of exercise of the power of sale <br /> under any mortgage made by the Landlord covering the premises, <br /> attorn to the purchaser upon any such foreclosure or sale and <br /> recognized such purchaser as the Landlord under this Lease. <br /> The Tenant, upon request of any party in interest, shall <br /> execute promptly such instruments or certificates to carry out the <br /> intent of this section as shall be requested by the Landlord. If <br /> twenty (20) days after the date of a written request by Landlord to <br /> execute such instruments, the Tenant shall not have executed the I' <br /> same, the Landlord may, at its option, cancel this Lease without <br /> incurring any liability on account thereof, and the term hereby <br /> granted is expressly limited accordingly. <br /> Landlord shall have the right to convey, transfer or assign, <br /> by sale or otherwise, all or any part of its interest in this <br /> Lease, including the Premises, at any time and from time-to-time <br /> and to any person, subject to the terms and conditions of this <br /> Lease . All covenants and obligations of Landlord under this Lease <br /> r <br /> shall cease upon the execution of such conveyance, transfer s f er or <br /> assignment, but such covenants and obligations shall run with the <br /> land and shall be binding upon the subsequent owner thereof or of <br /> this Lease during the periods of their ownership thereof . <br /> 21 . QUIET ENJOYMENT. Upon payment by the Tenant of the rents <br /> herein provided and upon the observance and performance of all the <br /> covenants, terms and conditions on Tenant' s part to be observed and <br /> performed, Tenant shall peaceably and quietly hold and enjoy the <br /> leased Premises for the term hereby demised without hindrance or <br /> 9 <br />
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