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33 <br /> without limitation the Assignment of Rents and any associated UCC-1 Financing Statement, <br /> Lender shall acquire no interest in any fixtures, equipment and/or other property owned or leased <br /> by Lessee and now or hereafter located on or affixed to the Premises or any portion thereof <br /> except to the extent, if any, set forth in the Lease or to the extent owned by Lessor. Lender <br /> hereby expressly waives any interest which Lender may have or acquire with respect to fixtures, <br /> equipment and/or other property owned or leased by Lessee which is now, or hereafter, located <br /> on, or affixed to, the Premises or any portion thereof, except to the extent, if any, set forth in the <br /> Lease or to the extent owned by Lessor, and Lender hereby agrees that same do not constitute <br /> realty regardless of the manner in which same are attached or affixed. <br /> 4. So long as the Lessee is not in default in the performance of any of the terms of <br /> the Lease beyond applicable notice and cure periods, in no event whatsoever shall Lender or <br /> Lessor disturb the rights to possession, use and enjoyment of Lessee in and to the Premises, nor <br /> shall the rights granted by the Lease be affected in any manner whatsoever, nor the obligations of <br /> the parties thereunder be modified or amended in any way, notwithstanding any foreclosure or <br /> proceeding in lieu thereof affecting the Premises, whether or not Lessee is made a party thereto. <br /> Each of Lessor and Lender agrees that it will not oppose, in court or otherwise, any position <br /> taken or argument or claim made by Lessee or Lessor, as the case may be, that the Lease is an <br /> unexpired lease of real property (as such term is used in 11 U.S.C. §365(h) or any successor <br /> statute). <br /> 5. The rights and obligations hereunder of the Lessee, Lessor and the Lender shall <br /> bind and inure to the benefit of their respective successors and assigns. This Agreement is <br /> intended by the parties hereto to be an amendment to the Lease and the provisions hereof shall <br /> supersede any inconsistent provisions contained in the Lease. <br /> 6. Lender hereby consents to the execution and delivery of the Lease and further <br /> agrees to the terms and conditions of this Agreement. <br /> 7. This Agreement shall automatically expire upon the occurrence of either of the <br /> following: (i) the term of the Lease expires or the Lease is terminated, or (ii) the loan secured by <br /> the Mortgage is paid in full by the Lessor such that neither Lender nor anyone claiming by or <br /> through Lender has any interest in the Property and the Mortgage is released of record. <br /> [Signatures appear on following page] <br /> 3 <br /> 4841-9003-4267 vl <br /> 3000001-101524 02/01/2018 <br />