Orange County NC Website
DocuSign Envelope ID: 5C622784- 3DD9- 4F2B- 8D53- D3D3E1 D35BD4 <br />2U 1 bWb26000 1 b�3bUU <br />RB6613 141 51158 <br />4. APPROVAL OF AMENDMENTS: Any amendments to this Lease will be <br />subject to the written approval of Permitted Mortgagee, which approval will not be unreasonably <br />withheld or delayed. The passage of thirty (30) days after submittal to Permitted Mortgagee of a <br />proposed amendment without approval or disapproval by Permitted Mortgagee will be deemed <br />approval thereof. <br />5. NEW LEASE TO PERMITTED MORTGAGEE: Upon written request of the <br />Permitted Mortgagee made within sixty (60) days of the termination of this Lease or upon its <br />rejection or disaffirmance under bankruptcy law or other law affecting creditors' rights, Lessor <br />will enter into a new lease of the Leased Premises with the Permitted Mortgagee (or with any <br />party designated by the Permitted Mortgagee, subject to Lessor's approval, which approval will <br />not be unreasonably withheld). The lease term will be for the remainder of the term of the Lease, <br />effective as of the date of the termination, rejection, or disaffirmance, and upon all the terms and <br />provisions contained in the Lease. The written request will be accompanied by a copy of the <br />new lease, duly executed and acknowledged by the Permitted Mortgagee or the party designated <br />by the Permitted Mortgagee to be the Lessee and the Permitted Mortgagee will have cured all <br />defaults under the Lease which can be cured by the payment of money. Any new lease made <br />pursuant to this Section will have the same priority with respect to other interests in the Leased <br />Premises as this Lease. The provisions of this Section will survive the termination, rejection, or <br />disaffirmance of the Lease and will continue in full effect thereafter to the same extent as if this <br />Section were an independent contract made by Lessor, Lessee and the Permitted Mortgagee. <br />6. NO TERMINATION DURING FORECLOSURE: The Lessor will have no right <br />to terminate this Lease once Permitted Mortgagee commences foreclosure in accordance with the <br />provisions hereof and is diligently pursuing the same. <br />7. PROVISIONS SUBJECT TO FORECLOSURE: In the event of foreclosure sale <br />by a Permitted Mortgagee or the delivery of a deed to a Permitted Mortgagee in lieu of <br />foreclosure in accordance with the provisions hereof, at the election of the Permitted Mortgagee, <br />the provisions of Sections 10.1 through 10.13 will be deleted and thereupon will be of no further <br />force or effect as to only so much of the Security so foreclosed upon or transferred. <br />8. NOTICE: Whenever in this Article notice is to be given to Permitted Mortgagee, <br />the notice will be given in the manner set forth in Section 14.2 at the address which has been <br />given by the Permitted Mortgagee to Lessor. <br />9. COSTS OF PERMITTED MORTGAGE: Lessee will pay to Lessor at Lessor's <br />option, as additional rent hereunder, all fees, costs and expenses, including, without limitation, <br />reasonable attorneys' fees, incurred by Lessor in connection with any Permitted Mortgage. <br />