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the Lessee under this Lease which does not require possession of the Land, and (iv) after gaining <br /> possession of the Land, the Lender shall perform all other obligations of the Lessee under this <br /> Lease capable of performance by the Lender when the obligations are due. <br /> (vi) If the Lenders are prohibited, stayed or enjoined by any bankruptcy, <br /> insolvency or other judicial proceedings involving the Lessee from commencing or prosecuting <br /> foreclosure or other appropriate proceedings, the times specified for commencing or prosecuting <br /> such foreclosure or other proceedings shall be extended for the period of such prohibition; <br /> provided that any Lender shall have fully cured any default in the payment of any monetary <br /> obligations of the Lessee under this Lease and shall continue to pay currently such monetary <br /> obligations when the same fall due; provided, further, that such Lender shall not interfere with <br /> the Lessor's efforts to seek compliance by the Lessee with any non - monetary obligation under <br /> this Lease. <br /> (vii) The Lessor shall mail or deliver to any Lenders which have any <br /> outstanding Other Loan, whose addresses will be provided to Lessor by Lessee, a duplicate copy <br /> of all notices which the Lessor may from time to time give to the Lessee pursuant to this Lease, <br /> including without limitation notices of an Event of Default. No notice by the Lessor to the <br /> Lessee under this Lease shall be effective unless and until a copy of the notice shall have been <br /> mailed or delivered to such Lenders as set forth in this Section. Absent Lessor's written notice to <br /> Lenders with delivery confirmation of all defaults by Lessee under this Lease, Lessor may not <br /> exercise any remedies for such defaults. <br /> (viii) In the event any Lender becomes the Lessee under this Lease by <br /> means of foreclosure or deed in lieu of foreclosure or pursuant to any new lease obtained under <br /> subsection (9) below, that Lender shall be personally liable under this Lease or such new lease <br /> only for the period of time that the Lender remains the Lessee under this Lease. Any such Lender <br /> shall have the right, without Lessor's consent, to assign the leasehold estate following acquisition <br /> of the leasehold estate by a foreclosure or granting of a deed in lieu of foreclosure. Nothing in <br /> this Section shall be construed to obligate any Lender to remedy any default of the Lessee, and <br /> any failure of any Lender to complete any such cure after commencing the same shall not give <br /> rise to any liability of any Lender to the Lessor or the Lessee. <br /> (ix) In the event a Lender, its designee or another purchaser in <br /> foreclosure, bankruptcy or other proceedings becomes the legal owner of the leasehold estate, <br /> and upon written request by the Lender given within sixty (60) days after becoming the legal <br /> owner of the leasehold estate, the Lessor shall enter into a new lease of the Land with or the <br /> Lender, or its nominee, purchaser, assignee or transferee, for the remainder of the Lease Term <br /> with the same agreements, covenants, reversionary interests and conditions (except for any <br /> requirements which have been fulfilled by the Lessee prior to termination) as are contained in <br /> this Lease and with priority equal to this Lease; provided, however, that the Lender shall <br /> promptly cure any defaults by the Lessee susceptible to cure by the Lender. In the event Lender, <br /> or its nominee, purchaser, assignee or transferee becomes the legal owner of the leasehold estate, <br /> such Lender, nominee, purchaser, assignee or transferee shall only be liable for acts or omissions <br /> of the tenant under the Lease taking place during the period in which it had record title to the <br /> Leasehold estate and such liability is limited to the value of its interest in the leasehold interest <br /> and the Lease. <br /> 144 \105\153233.25 15 <br />