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<br />the two tracts described on Exhibit B which Owner and Lessee agree Mortgagee, its assignee or the <br />purchaser at a foreclosure sale may continue to use such access for the benefit of the property <br />described on Exhibit B. <br />2) Owner covenants to give notice of any default by Lessee under the terms of the lease to <br />Mortgagee and to give Mortgagee a reasonable time from the receipt of said notice in which to <br />commence to remedy and to remedy the default or in which to have the Lessee remedy the default. <br />3) In the event the said deed of trust is foreclosed for any reason or in the event the <br />Mortgagee takes conveyance or assignment of said leasehold estate in lieu of a foreclosure, Owner <br />agrees to accept Mortgagee or the successful bidder at such foreclosure as the new Lessee upon said <br />lease as to the property described on Exhibit B attached hereto and agrees that Mortgagee or such <br />successful bidder will be substituted as Lessee automatically upon notice to Owner without the <br />execution of any further instrument on the part of either party to this instrument other than a written <br />notice by Mortgagee to Owner of the name of the person or entity succeeding to the lessee's <br />leasehold interest. <br />In the event Mortgagee, its assignee or a third person shall become the substituted Lessee <br />under said lease, the consideration for the premises shall be 5% of its total gross receipts from the <br />use ofthe portion of the leased premises used by such party expended as improvement to such leased <br />premises. At the option of the new lessee, the consideration can be paid in cash to the Owner on an <br />annual basis within 30 days of the end of each lease year. <br />4) In the event the Mortgagee is the entity succeeding to the Lessee's leasehold interest, <br />Owner agrees to not unreasonably withhold its consent to the conveyance or assignment of such <br />interest by Mortgagee to a third party providing that said third party shall execute in writing an <br />agreement to be bound by all the terms of said lease agreement. <br />5) Mortgagee agrees that if it succeeds to the interest of the Lessee in said lease, it shall be <br />bound to the Owner under all the terms of said lease agreement. Mortgagee agrees that any <br />foreclosure of its deed of trust shall specify that the successful bidder shall be bound by all the terms <br />of said lease agreement. <br />6) Mortgagee or its assigns shall not be liable to Owner for any act or omission of the Lessee <br />or be subject to claim held by Owner against Lessee unless Mortgagee shall have been duly notified <br />of such claim or liability by Owner prior to Mortgagee's succeeding to the Lessee interest in said <br /> <br />" <br /> <br />I <br />