Common use of Lease Provisions Clause in Contracts

Lease Provisions. One of the main reasons to insist on a written lease is that there is so much involved in an agreement to rent a house or apartment. However, just because there is a written lease does not mean the tenant’s worries are over. The tenant needs to read the lease, be sure that he or she understands everything in it and try to make the best deal possible. 1. Form leases 2. Provisions against subleasing Most form leases contain language that prohibits subleasing or assigning a house, mobile home or apartment to other people. Often something like the following wording will appear in a lease: Quite a mouthful, isn’t it? It means that the tenant cannot allow anyone else to rent the apartment or to take over the lease. Provisions like this mean that you need the landlord’s approval to sublease agreement or to have someone else take over the lease. It is very important that the tenant contact the landlord if the tenant wants to sublease, reach agreement on the sublease, and have the agreement put in writing and signed by the landlord, the tenant and the person the tenant wants to sublet to). This agreement needs to specify who is responsible if the subtenant fails to pay the rent or damages the property. If the landlord does not agree to the sublease, the tenant will be responsible. Even if the landlord does agree, the agreement could still make the tenant responsible for the subtenant. If the lease requires landlord approval before subleasing a house or apartment, the tenant should make sure it also states that “consent may not be unreasonably withheld for any suitable tenant.” Try to get this language in the lease or rental agreement, because it will protect the tenant in the event of a situation where the landlord decides to be unreasonable about the people who can move in or about new terms and conditions for a sublease. Mobile home parks generally require that the buyer of a mobile home located in the park must apply to lease the space the mobile home is on. The buyer does not automatically take over the seller’s lease for the mobile home space. The tenant may not permit roommates or friends to use the unit as a place of permanent residence if the lease prohibits subleasing. But remember that a provision prohibiting subleasing does not prevent the tenant from having friends visit as guests in the tenant’s apartment or rental house. The tenant is entitled to have a reasonable number of guests stay for a reasonable time. The lease may specify the length of time guests may stay with the tenant in the rental unit.

Lease Provisions. One  (a) Mortgagor shall pay or cause to be paid all rent and other charges required under the Lease as and when the same are due and shall promptly and faithfully perform or cause to be performed all other material terms, obligations, covenants, conditions, agreements, indemnities, representations, warranties or liabilities of the main reasons to insist on a written lease is that there is so much involved lessee under the Lease. Mortgagor shall not (i) in an agreement to rent a house any manner, voluntarily cancel, terminate or apartment. Howeversurrender, just because there is a written lease does not mean or voluntarily permit the tenant’s worries are over. The tenant needs to read cancellation, termination or surrender of, the leaseLease, in whole or in part, except as may be sure that he expressly permitted under the Credit Agreement, (ii) either orally or she understands everything in it and try to make writing, voluntarily modify, amend or permit any modification or amendment of any of the best deal possible. 1. Form leases 2. Provisions against subleasing Most form leases contain language that prohibits subleasing or assigning a house, mobile home or apartment to other people. Often something like terms of the following wording will appear Lease in any respect which would result in a lease: Quite a mouthfulMaterial Adverse Effect without the prior written consent of Mortgagee, isn’t it? It means which consent shall not be unreasonably withheld, or (iii) after the date hereof, and except as required under the Lease, voluntarily permit the subordination of the Lease to any mortgage or deed of trust, and any attempt to do any of the foregoing shall be null and void.  (b) Mortgagor shall do, or cause to be done, all things reasonably necessary to preserve and keep unimpaired all material rights of Mortgagor as lessee under the Lease, and to prevent any default by Mortgagor under the Lease, or any termination, surrender, cancellation, forfeiture, subordination or impairment thereof. Mortgagor does hereby authorize and irrevocably appoint and constitute Mortgagee as its true and lawful attorney-in-fact, which appointment is coupled with an interest, in its name, place and stead, (i) to do and take, but without any obligation so to do, if Mortgagor fails to do so at least five (5) Business Days prior to the expiration of any applicable cure period, any action which Mortgagee reasonably deems necessary or desirable to cure any default, or to prevent any imminent default, by Mortgagor under the Lease and (ii) to enter into and upon the Premises or any part thereof to such extent and as often as Mortgagee, in its sole discretion, deems necessary or desirable in order to take any action permitted to be taken by Mortgagee pursuant to clause (i) (in each case, with respect to all of the actions described in clauses (i) and (ii), after ten (10) days’ notice to Mortgagor, unless Mortgagor has itself taken the action(s) in questions within such ten (10) day period), to the end that the tenant cannot allow anyone else rights of Mortgagor in and to rent the apartment leasehold estate created by the Lease shall be kept unimpaired and free from default. All sums so expended by Mortgagee, with interest thereon at the Default Rate from the date of each such expenditure, shall be paid by Mortgagor to Mortgagee promptly upon demand by Mortgagee. Mortgagor shall, within five (5) Business Days after written request by Mortgagee, execute and deliver to Mortgagee, or to take over any person designated by Mortgagee, such further instruments, agreements, powers, assignments, conveyances or the leaselike as may be reasonably necessary to complete or perfect the interest, rights or powers of Mortgagee pursuant to this paragraph. Provisions like this mean that you need  (c) Mortgagor shall use commercially reasonable efforts to enforce the landlord’s approval to sublease agreement or to have someone else take over material obligations of the lease. It is very important that lessor under the tenant contact the landlord if the tenant wants to sublease, reach agreement on the sublease, Lease and have the agreement put shall promptly notify Mortgagee in writing of any material default by either the lessor or Mortgagor in the performance or observance of any of the terms, covenants and signed conditions contained in the Lease. Mortgagor shall deliver to Mortgagee, within ten (10) Business Days after receipt, a copy of any notice of default or noncompliance, demand or complaint made by the landlord, lessor under the tenant and the person the tenant wants to sublet to). This agreement needs to specify who is responsible if the subtenant fails to pay the rent or damages the propertyLease. If the landlord does not agree lessor shall deliver to Mortgagee a copy of any notice of default given to Mortgagor, such notice shall constitute full authority and protection to Mortgagee for any actions taken or omitted to be taken in good faith by Mortgagee on such notice.  (d) If any action or proceeding shall be instituted to evict Mortgagor or to recover possession of the Mortgaged Property from Mortgagor or any part thereof or interest therein or any action or proceeding otherwise affecting the Lease or this Mortgage shall be instituted, then Mortgagor shall, immediately after receipt, deliver to Mortgagee a true and complete copy of each petition, summons, complaint, notice of motion, order to show cause and all other pleadings and papers, however designated, served in any such action or proceeding. (e) Mortgagor covenants and agrees that the fee title to the subleaseLand and the leasehold estate created under the Lease shall not merge but shall always remain separate and distinct, notwithstanding the union of said estates either in Mortgagor or a third party by purchase or otherwise; and in case Mortgagor acquires the fee title or any other estate, title or interest in and to the Land, the tenant lien of this Mortgage shall, without further conveyance, simultaneously with such acquisition, be spread to cover and attach to such acquired estate and as so spread and attached shall be prior to the lien of any mortgage or deed of trust placed on the acquired estate after the date of this Mortgage.  (f) No release or forbearance of any of Mortgagor’s obligations under the Lease, pursuant to the Lease or otherwise, shall release Mortgagor from any of its obligations under this Mortgage, including its obligations to pay rent and to perform all of the terms, provisions, covenants, conditions and agreements of the lessee under the Lease.  (g) Upon the occurrence and during the continuance of any Event of Default, all rights of consent and approval, and all elections of Mortgagor as lessee under the Lease, together with the right to terminate or to modify the Lease, which have been assigned for collateral purposes to Mortgagee, shall automatically vest exclusively in and be exercisable solely by Mortgagee.  (h) Mortgagor will give Mortgagee prompt written notice of the commencement of any arbitration or appraisal proceeding under and pursuant to the provisions of the Lease involving amounts in excess of $100,000 on a present value basis. Automatically upon the occurrence of an Event of Default and for so long as it shall be responsible. Even if continuing, Mortgagee shall have, subject to the landlord does agreeterms of the Lease, the agreement could still make sole authority to conduct any such proceeding and Mortgagor hereby irrevocably appoints and constitutes Mortgagee as its true and lawful attorney- in-fact, which appointment is coupled with an interest, in its name, place and stead, to exercise, at the tenant responsible for expense of Mortgagor, all right, title and interest of Mortgagor in connection with such proceeding, including the subtenantright to appoint arbitrators and to conduct arbitration proceedings on behalf of Mortgagor, following and during the continuance of an Event of Default. If Nothing contained herein shall obligate Mortgagee to participate in such proceeding.  (i) During the lease requires landlord approval before subleasing a house occurrence and continuation of an Event of Default, Mortgagor shall, within ten (10) days after written demand from Mortgagee, deliver to Mortgagee proof of payment of all items that are required to be paid by Mortgagor under the Lease, including, without limitation, rent, taxes, operating expenses and other charges.  (j) The lien of this Mortgage shall attach to all of Mortgagor’s rights and remedies at any time arising under or apartmentpursuant to Section 365(h) of the Bankruptcy Code, 11 U.S.C. § 365(h), as the same may hereafter be amended (the “Bankruptcy Code”), including, without limitation, all of Mortgagor’s rights to remain in possession of the Land. Except as may be expressly permitted under the Credit Agreement, Mortgagor shall not, without Mortgagee’s prior written consent, elect to treat the Lease as terminated under Section 365(h)(1)(A)(i) of the Bankruptcy Code. Any such election made without Mortgagee’s consent shall be void.  (i) Mortgagee shall have the right, if an Event of Default shall have occurred and be continuing or if Mortgagor fails to do so at least five (5) Business Days prior to the last day on which the Mortgagor has the right to do so, to proceed in its own name or in the name of Mortgagor in respect of any claim, suit, action or proceeding relating to the rejection of the Lease by the lessor or any other party, including, without limitation, the tenant should make sure it also states right to file and prosecute under the Bankruptcy Code, without joining or the joinder of Mortgagor, any proofs of claim, complaints, motions, applications, notices and other documents. Any amounts received by Mortgagee as damages arising out of the rejection of the Lease as aforesaid shall be applied first to all costs and expenses of Mortgagee (including, without limitation, attorneys’ fees) incurred in connection with the exercise of any of its rights or remedies under this paragraph and thereafter in accordance with Section 12 of this Mortgage. Mortgagor acknowledges that “consent the assignment of all claims and rights to the payment of damages from the rejection of the Lease made under the granting clauses of this Mortgage constitutes a present irreversible and unconditional assignment and Mortgagor shall, at the request of Mortgagee, promptly make, execute, acknowledge and deliver, in form and substance satisfactory to Mortgagee, a UCC Financing Statement (Form UCC-1) and all such additional instruments, agreements and other documents, as may not at any time hereafter be unreasonably withheld for any suitable tenant.” Try required by Mortgagee to get this language carry out such assignment.  (ii) If pursuant to Section 365(h)(1)(B) of the Bankruptcy Code, Mortgagor shall seek to offset against the rent reserved in the lease Lease the amount of any damages caused by the nonperformance by the lessor or rental agreementany other party of any of their respective obligations under such Lease after the rejection by the lessor or such other party of such Lease under the Bankruptcy Code, because it will protect then Mortgagor shall, if a Default or Event of Default shall have occurred and be continuing, prior to effecting such offset, notify Mortgagee of its intent to do so, setting forth the tenant amount proposed to be so offset and the basis therefor. In such event, Mortgagee shall have the right to object to all or any part of such offset that, in the reasonable judgment of Mortgagee, would constitute a breach of such Lease, and in the event of such objection, Mortgagor shall not effect any offset of the amounts found objectionable by Mortgagee. Neither Mortgagee’s failure to object as aforesaid nor any objection relating to such offset shall constitute an approval of any such offset by Mortgagee.  (iii) Mortgagor shall, after obtaining knowledge thereof, promptly notify Mortgagee of any filing by or against the lessor or other party with an interest in the Premises of a situation where petition under the landlord decides Bankruptcy Code. Mortgagor shall promptly deliver to Mortgagee, following receipt, copies of any and all notices, summonses, pleadings, applications and other documents received by Mortgagor in connection with any such petition and any proceedings relating thereto.  (iv) If there shall be filed by or against Mortgagor a petition under the Bankruptcy Code and Mortgagor, as lessee under the Lease, shall determine to reject the Lease pursuant to Section 365(a) of the Bankruptcy Code, then Mortgagor shall give Mortgagee not less than twenty (20) days’ prior notice of the date on which Mortgagor shall apply to the Bankruptcy Court for authority to reject the Lease.  (k) Mortgagor shall request and use commercially reasonable efforts to furnish to Mortgagee, from time to time upon receipt of reasonable notice from Mortgagee, in form and substance reasonably satisfactory to Mortgagee, an estoppel certificate from the lessor under the Lease with respect to such Lease.  (l) If the Lease shall be terminated prior to the natural expiration of its term due to an act or omission of Mortgagor which constitutes a default or an event of default under this Deed of Trust or the Lease, and if, pursuant to any provision of the Lease or otherwise, Mortgagee or its designee shall acquire from the lessor under such Lease a new lease of the Premises or any part thereof, Mortgagor shall have no right, title or interest in or to such new lease or the leasehold estate created thereby, or renewal privileges therein contained.  (m) Notwithstanding anything to the contrary set forth herein, to the extent that any covenant or other obligation of Mortgagor contained herein shall be expressly imposed upon the lessor under a Lease pursuant to the provisions thereof, Mortgagor shall not be deemed to be unreasonable about in default of such obligation or covenant with respect to such portion of the people who can move Premises as is covered by such Lease, provided that Mortgagor shall be using commercially reasonable efforts to enforce such obligations of such lessor in or about new terms and conditions for a sublease. Mobile home parks generally require that the buyer of a mobile home located in the park must apply to lease the space the mobile home is on. The buyer does not automatically take over the seller’s lease for the mobile home space. The tenant may not permit roommates or friends to use the unit as a place of permanent residence if the lease prohibits subleasing. But remember that a provision prohibiting subleasing does not prevent the tenant from having friends visit as guests in the tenant’s apartment or rental house. The tenant is entitled to have a reasonable number of guests stay for a reasonable time. The lease may specify the length of time guests may stay accordance with the tenant in terms of the rental unit.Lease 

Lease Provisions. One Mortgagor covenants and agrees ---------------- specifically with respect to each Lease, and the leasehold estate created thereunder that: (a) In case any proceeds of insurance upon the Land, the Mortgaged Property or any part thereof are deposited with any person other than the Mortgagee pursuant to the requirements of the main reasons Lease, then, upon Mortgagor obtaining knowledge of same, Mortgagor will promptly notify the Mortgagee in writing of the name and address of the person with whom such proceeds have been deposited and the amount so deposited. (b) Mortgagor will promptly notify the Mortgagee in writing of any request made by either party to insist on a Material Lease to the other party thereto for arbitration or appraisal proceedings pursuant to such Lease, and of the institution of any arbitration or appraisal proceedings and promptly deliver to Mortgagee a copy of the determination of the arbitrators or appraisers in each such proceeding. (c) As further security for the Secured Indebtedness, Mortgagor hereby agrees to deposit with the Mortgagee a fully executed counterpart of the Lease and all supplements thereto and amendments thereof, in each case if and to the extent Mortgagor possesses such documents, to be retained by the Mortgagee until the Secured Indebtedness secured hereby is fully paid or until this Mortgage is released in accordance with the terms of the Credit Agreement. (d) As to any Material Lease relating to all or any portion of the Mortgaged Property, Mortgagor shall (i) as and to the extent required under the Credit Agreement, appear in and defend any action or proceeding arising under or in any manner connected with such Lease or the obligations of Mortgagor as lessor thereunder; (ii) exercise, within ten (10) days after a request by Mortgagee, any right to request from the lessee a certificate with respect to the status thereof; (iii) deliver to Mortgagee upon Mortgagee's request, a written lease is that there is so much involved in an agreement statement, certified by Mortgagor as being true, correct and complete, to rent a house or apartment. However, just because there is a written lease does not mean the tenant’s worries are over. The tenant needs to read the lease, be sure that he or she understands everything in it and try to make the best deal possibleof Mortgagor's knowledge, containing the names of all lessees under Material Leases affecting the Mortgaged Property, the terms of all such Leases and the spaces occupied and rentals payable thereunder, and a list of all Material Leases which are then in default, including the nature and magnitude of such default. 1. Form leases(e) All Leases entered into by Mortgagor after the date hereof, and all rights of any lessees thereunder shall be subject and subordinate in all respects to the lien and provisions of this Mortgage unless Mortgagee shall otherwise elect in writing; provided, however, that Mortgagee hereby agrees to the inclusion in all such Leases of a customary recognition and non-disturbance provision to the effect that Mortgagee (and any Person succeeding to the interest of Mortgagee under this Mortgage) will not disturb the applicable lessee's occupancy of the Mortgaged Property, or any other rights of such lessee under the applicable Lease, so long as the lessee is not in default under said Lease (after the expiration of all applicable cure periods). 2. Provisions against subleasing Most form leases contain language (f) All Leases entered into by Mortgagor after the date hereof shall provide that prohibits subleasing if any act or assigning omission of Mortgagor would give any lessee under any such Lease the right, immediately or after lapse of a houseperiod of time, mobile home to cancel or apartment to other people. Often something like the following wording will appear in a lease: Quite a mouthfulterminate such Lease, isn’t it? It means that the tenant cannot allow anyone else to rent the apartment or to take over xxxxx or offset against the lease. Provisions like this mean that you need the landlord’s approval to sublease agreement payment of rent or to claim a partial or total eviction, such lessee shall not exercise such right until it has given written notice of such act or omission to Mortgagee and until a reasonable period for remedying such act or omission shall have someone else take over elapsed following the lease. It is very important giving of such notice without a remedy being effected. (g) All Leases entered into by Mortgagor after the date hereof shall provide that the tenant contact the landlord if the tenant wants to sublease, reach agreement on the sublease, and have the agreement put in writing and signed by the landlord, the tenant and the person the tenant wants to sublet to). This agreement needs to specify who is responsible if the subtenant fails to pay the rent or damages the property. If the landlord does not agree to the sublease, the tenant will be responsible. Even if the landlord does agree, the agreement could still make the tenant responsible for the subtenant. If the lease requires landlord approval before subleasing a house or apartment, the tenant should make sure it also states that “consent may not be unreasonably withheld for any suitable tenant.” Try to get this language in the lease or rental agreement, because it will protect the tenant in the event of the enforcement by Mortgagee of any remedy under this Mortgage, the lessee under each such Lease shall at Mortgagee's option attorn to Mortgagee (or to any other Person succeeding to the interest of Mortgagee as a situation where result of such enforcement) and recognize Mortgagee or such successor in interest as lessor under the landlord decides to be unreasonable about the people who can move in or about new terms and conditions for a sublease. Mobile home parks generally require that the buyer of a mobile home located Lease without change in the park must apply provisions thereof; provided, however, Mortgagee or such successor in interest shall not be: (i) bound by any payment of an installment of rent or additional rent which may have been made more than thirty (30) days before the due date of such installment; (ii) bound by any amendment or modification to lease the space Lease made without the mobile home is onconsent of Mortgagee or such successor in interest; (iii) liable for any previous act or omission of Mortgagor (or its predecessors in interest); (iv) responsible for any monies owing by Mortgagor to the credit of such lessee or subject to any credits, offsets, claims, counterclaims, demands or defenses which the lessee may have against Mortgagor (or its predecessors in interest); (v) bound by any covenant to undertake or complete any construction of the premises demised under any Lease or any portion thereof; or (vi) obligated to make any payment to such lessee other than any security deposit actually delivered to Mortgagee or such successor in interest. The buyer does not automatically take over the seller’s lease for the mobile home space. The tenant may not permit roommates Each such Lease shall provide that each lessee or friends to use the unit as a place of permanent residence if the lease prohibits subleasing. But remember that a provision prohibiting subleasing does not prevent the tenant from having friends visit as guests other occupant, upon request by Mortgagee or such successor in the tenant’s apartment interest, shall execute and deliver an instrument or rental house. The tenant is entitled to have a reasonable number of guests stay for a reasonable time. The lease may specify the length of time guests may stay with the tenant in the rental unitinstruments confirming such attornment and non-disturbance.

Lease Provisions. One Grantor covenants and agrees specifically with respect to each Lease, and the leasehold estate created thereunder that: (a) In case any proceeds of insurance upon the Land, the Mortgaged Property or any part thereof are deposited with any person other than the Mortgagee pursuant to the requirements of the main reasons Lease, Grantor will promptly notify the Mortgagee in writing of the name and address of the person with whom such proceeds have been deposited and the amount so deposited. (b) Grantor will promptly notify the Mortgagee in writing of any request made by either party to insist on a Material Lease to the other party thereto for arbitration or appraisal proceedings pursuant to such Lease, and of the institution of any arbitration or appraisal proceedings and promptly deliver to Mortgagee a copy of the determination of the arbitrators or appraisers in each such proceeding. (c) As further security for the Secured Indebtedness, Grantor hereby agrees to deposit with the Mortgagee a fully executed counterpart of the Lease and all supplements thereto and amendments thereof, in each case if and to the extent Grantor possesses such documents, to be retained by the Mortgagee until the Bank Credit Termination Date or until this Mortgage is otherwise discharged and released in accordance with the terms of the Credit Agreement. (d) As to any Material Lease relating to all or any portion of the Mortgaged Property, Grantor shall (i) as and to the extent required under the provisions of Section 5.8 of the Credit Agreement, appear in and defend any action or proceeding arising under or in any manner connected with such Lease or the obligations of Grantor as lessor thereunder; (ii) exercise, within ten (10) days after a request by Mortgagee, any right to request from the lessee a certificate with respect to the status thereof; (iii) deliver to Mortgagee upon Mortgagee's request, a written lease is that there is so much involved in an agreement statement, certified by Grantor as being true, correct and complete, to rent a house or apartment. However, just because there is a written lease does not mean the tenant’s worries are over. The tenant needs to read the lease, be sure that he or she understands everything in it and try to make the best deal possibleof Grantor's knowledge, containing the names of all lessees under Material Leases affecting the Mortgaged Property, the terms of all such Leases and the spaces occupied and rentals payable thereunder, and a list of all Material Leases which are then in default, including the nature and magnitude of such default. 1. Form leases 2. Provisions against subleasing Most form leases contain language (e) All Leases entered into by Grantor after the date hereof shall provide that prohibits subleasing or assigning a house, mobile home or apartment to other people. Often something like the following wording will appear all rights of any lessees thereunder shall be subject and subordinate in a lease: Quite a mouthful, isn’t it? It means that the tenant cannot allow anyone else to rent the apartment or to take over the lease. Provisions like this mean that you need the landlord’s approval to sublease agreement or to have someone else take over the lease. It is very important that the tenant contact the landlord if the tenant wants to sublease, reach agreement on the sublease, and have the agreement put in writing and signed by the landlord, the tenant and the person the tenant wants to sublet to). This agreement needs to specify who is responsible if the subtenant fails to pay the rent or damages the property. If the landlord does not agree all respects to the subleaselien and provisions of this Mortgage unless Mortgagee shall otherwise elect in writing. With respect to such Leases, Grantor shall use all commercially reasonable efforts to deliver to Mortgagee as soon as reasonably practicable after the tenant will be responsible. Even if the landlord does agreeeffective date of such Leases, the agreement could still make the tenant responsible for the subtenant. If the lease requires landlord approval before subleasing a house or apartmentexecuted and acknowledged subordination, the tenant should make sure it also states non-disturbance and attornment agreements and estoppel certificates, in form and substance reasonably satisfactory to Mortgagee and Grantor; provided, that “consent may commercially reasonable efforts shall not be unreasonably withheld construed as requiring payment of any consent fee or other consideration for any suitable tenantthird party's execution and delivery of any such agreement.” Try to get this language in the lease or rental agreement, because it will protect the tenant in the event of a situation where the landlord decides to be unreasonable about the people who can move in or about new terms and conditions for a sublease. Mobile home parks generally require that the buyer of a mobile home located in the park must apply to lease the space the mobile home is on. The buyer does not automatically take over the seller’s lease for the mobile home space. The tenant may not permit roommates or friends to use the unit as a place of permanent residence if the lease prohibits subleasing. But remember that a provision prohibiting subleasing does not prevent the tenant from having friends visit as guests in the tenant’s apartment or rental house. The tenant is entitled to have a reasonable number of guests stay for a reasonable time. The lease may specify the length of time guests may stay with the tenant in the rental unit.

Lease Provisions. One Subtenant acknowledges that it has reviewed the Lease and is familiar with the contents thereof, and that this Sublease is subordinate and subject to the Lease. As between Sublessor and Subtenant, Subtenant assumes and agrees to be primarily liable for the performance of all of the main reasons obligations (affirmative, negative, monetary and/or non-monetary) which are imposed upon Sublessor under the Lease, except to insist on a written lease is the extent that there is so much involved such obligations have been expressly modified by this Sublease; provided, however, that the obligation to pay Base Monthly Rent, Percentage Rent, additional rent, operating costs and other amounts payable to the Master Landlord under the Lease will be considered performed by the Subtenant to the extent and in an agreement the amount Base Monthly Rent, Percentage Rent, additional rent, operating costs and such other amounts payable under the Sublease are actually paid by Subtenant to rent a house or apartment. However, just because there is a written lease does not mean the tenant’s worries are over. The tenant needs to read the lease, be sure that he or she understands everything Sublessor in it good funds in accordance with Sections 3 and try to make the best deal possible4 of this Sublease. 1. Form leases 2. Provisions against subleasing Most form leases contain language a. Subtenant shall not commit or suffer any act or omission that prohibits subleasing will violate or assigning a house, mobile home or apartment to other people. Often something like breach any provision of the following wording will appear in a lease: Quite a mouthful, isn’t it? It means that the tenant cannot allow anyone else to rent the apartment or to take over the lease. Provisions like this mean that you need the landlord’s approval to sublease agreement or to have someone else take over the lease. It is very important that the tenant contact the landlord if the tenant wants to sublease, reach agreement on the sublease, and have the agreement put in writing and signed by the landlord, the tenant and the person the tenant wants to sublet to). This agreement needs to specify who is responsible if the subtenant fails to pay the rent or damages the propertyLease. If the landlord does not agree Lease gives Sublessor any right to terminate the Lease with respect to the sublease, the tenant will be responsible. Even if the landlord does agree, the agreement could still make the tenant responsible for the subtenant. If the lease requires landlord approval before subleasing a house or apartment, the tenant should make sure it also states that “consent may not be unreasonably withheld for any suitable tenant.” Try to get this language in the lease or rental agreement, because it will protect the tenant Premises in the event of the partial or total damage, destruction, or condemnation of the Premises or the building in which the Premises are located, the exercise of such right shall not constitute a situation where default or breach hereunder. In no event shall Sublessor be obligated to cure any default under the landlord decides Lease caused by Subtenant; provided, however, that Sublessor shall have the right in its sole discretion, but not the obligation to effectuate any such cure without inquiring in to the validity of the Master Landlord's demand or claims. In the event Sublessor does so, then the amount so paid by Sublessor shall be unreasonable about due and payable by Subtenant on demand of Sublessor and shall bear interest at the people who can move Applicable Interest Rate" from the date expended by Sublessor until the date repaid in full by Subtenant. As used herein the term "APPLICABLE INTEREST RATE" means the rate per annum equal to the greater of (a) five percent (5%) per annum plus the then federal discount rate on advances to member banks in effect at the Federal Reserve Bank of San Francisco on the 25th day of the month preceding the date of this Sublease, or about new terms and conditions for a sublease(b) ten percent (10%). Mobile home parks generally require However, in no event will the Applicable Interest Rate exceed the maximum interest rate permitted by law that the buyer of a mobile home located in the park must apply to lease the space the mobile home is onmay be charged under these circumstances. The buyer does not automatically take over payment of interest at the seller’s lease for the mobile home space. The tenant may not permit roommates or friends to use the unit Applicable Interest Rate shall be considered as a place of permanent residence if the lease prohibits subleasing. But remember that a provision prohibiting subleasing does not prevent the tenant from having friends visit as guests in the tenant’s apartment or rental house. The tenant is entitled to have a reasonable number of guests stay for a reasonable time. The lease may specify the length of time guests may stay with the tenant in the rental unitAdditional Rent hereunder.

Lease Provisions. One All terms, covenants, and conditions set forth in the Lease of even date herewith with respect to the original terms shall apply to any Extended Term: provided, however, that the rent or base annual rent as provided for in this Lease shall be adjusted at the commencement of any Extended Term by an amount equal to four percent (4%) over and above the base rent paid by Tenant in the last year of the main reasons to insist on a written original lease is that there is so much involved in an agreement to term. Subsequent increases during the remainder of the extended term shall equal four percent (4%) of the amount of rent a house or apartmentpaid by Tenant during the year preceding each annual increase. HoweverInitials: [ /s/ ] [ /s/ ] Landlord Tenant EXHIBIT A [GRAPHIC] BY RECIPROCAL EASEMENT AGREEMENT, just because there is a written lease does not mean the tenant’s worries are overPARKING IS PERMITTED ON THE LOT ADJACENT. The tenant needs to read the lease, be sure that he or she understands everything in it and try to make the best deal possible.Initials: [ /s/ ] [ /s/ ] Landlord Tenant EXHIBIT B [GRAPHIC] Initials: [ /s/ ] [ /s/ ] Landlord Tenant EXHIBIT B-1 [GRAPHIC] Initials: [ /s/ ] [ /s/ ] Landlord Tenant EXHIBIT D RULES AND REGULATIONS --------------------- 1. Form leases 2. Provisions against subleasing Most form leases contain language that prohibits subleasing Tenant will comply with all rules and regulations issued by all governmental agencies whose jurisdiction affects the Leased Premises or assigning the Building of which the Leased Premises are a house, mobile home or apartment to other people. Often something like part (the following wording will appear in a lease: Quite a mouthful, isn’t it? It means that the tenant cannot allow anyone else to rent the apartment or to take over the lease. Provisions like this mean that you need the landlord’s approval to sublease agreement or to have someone else take over the lease. It is very important that the tenant contact the landlord if the tenant wants to sublease, reach agreement on the sublease, and have the agreement put in writing and signed by the landlord, the tenant and the person the tenant wants to sublet to"Building"). This agreement needs to specify who is responsible if the subtenant fails to pay the rent or damages the property. If the landlord does Tenant shall not agree make any alterations to the sublease, Building without first obtaining the tenant will be responsible. Even if the landlord does agree, the agreement could still make the tenant responsible for the subtenant. If the lease requires landlord approval before subleasing a house or apartment, the tenant should make sure it also states that “consent may written permission of Landlord which shall not be unreasonably withheld for and all appropriate and necessary governmental permits and/or licenses. 2. When electric wiring of any suitable tenantkind is introduced, it must be connected as directed by Landlord, and no stringing or cutting of wires will be allowed, except with the prior written consent of Landlord, and shall be done only by contractors approved by Landlord. The number and location of telephones, telegraph instruments, electric appliances, call boxes, etc.” Try , shall be subject to get this language in Landlord's approval. 3. No sign, placard, picture, advertisement, name or notice shall be inscribed, displayed, printed or affixed on or to any part of the lease outside or rental agreementinside of the Building without the Tenant first obtaining the written consent of Landlord which shall not be unreasonably withheld. Landlord shall have the right to remove any such sign, because it will protect placard, picture, advertisement, name or notice without notice to and at the tenant in expense of Tenant. All approved signs or lettering on doors shall be printed, painted, or affixed or inscribed at the event expense of Tenant by a situation where person or company approved by the landlord decides Landlord. Landlord shall not place anything or allow anything to be unreasonable about placed near or on the people who can move in or about new terms and conditions for a sublease. Mobile home parks generally require that glass of any window, door, partition of wall which may appear unsightly from outside the buyer of a mobile home located in the park must apply to lease the space the mobile home is on. The buyer does not automatically take over the seller’s lease for the mobile home space. The tenant may not permit roommates or friends to use the unit as a place of permanent residence if the lease prohibits subleasing. But remember that a provision prohibiting subleasing does not prevent the tenant from having friends visit as guests in the tenant’s apartment or rental house. The tenant is entitled to have a reasonable number of guests stay for a reasonable time. The lease may specify the length of time guests may stay with the tenant in the rental unitpremises.

Lease Provisions. One Grantor covenants and agrees ---------------- specifically with respect to each Lease, and the leasehold estate created thereunder that: (a) In case any proceeds of insurance upon the Land, the Trust Property or any part thereof are deposited with any person other than the Beneficiary pursuant to the requirements of the main reasons Lease, then, upon Grantor obtaining knowledge of same, Grantor will promptly notify the Beneficiary in writing of the name and address of the person with whom such proceeds have been deposited and the amount so deposited. (b) Grantor will promptly notify the Beneficiary in writing of any request made by either party to insist on a Material Lease to the other party thereto for arbitration or appraisal proceedings pursuant to such Lease, and of the institution of any arbitration or appraisal proceedings and promptly deliver to Beneficiary a copy of the determination of the arbitrators or appraisers in each such proceeding. (c) As further security for the Secured Indebtedness, Grantor hereby agrees to deposit with the Beneficiary a fully executed counterpart of the Lease and all supplements thereto and amendments thereof, in each case if and to the extent Grantor possesses such documents, to be retained by the Beneficiary until the Secured Indebtedness secured hereby is fully paid or until this Deed of Trust is released in accordance with the terms of the Credit Agreement. (d) As to any Material Lease relating to all or any portion of the Trust Property, Grantor shall (i) as and to the extent required under the Credit Agreement, appear in and defend any action or proceeding arising under or in any manner connected with such Lease or the obligations of Grantor as lessor thereunder; (ii) exercise, within ten (10) days after a request by Beneficiary, any right to request from the lessee a certificate with respect to the status thereof; (iii) deliver to Beneficiary upon Beneficiary's request, a written lease is that there is so much involved in an agreement statement, certified by Grantor as being true, correct and complete, to rent a house or apartment. However, just because there is a written lease does not mean the tenant’s worries are over. The tenant needs to read the lease, be sure that he or she understands everything in it and try to make the best deal possibleof Grantor's knowledge, containing the names of all lessees under Material Leases affecting the Trust Property, the terms of all such Leases and the spaces occupied and rentals payable thereunder, and a list of all Material Leases which are then in default, including the nature and magnitude of such default. 1. Form leases 2. Provisions against subleasing Most form leases contain language that prohibits subleasing or assigning a house, mobile home or apartment to other people. Often something like (e) All Leases entered into by Grantor after the following wording will appear in a lease: Quite a mouthful, isn’t it? It means that the tenant cannot allow anyone else to rent the apartment or to take over the lease. Provisions like this mean that you need the landlord’s approval to sublease agreement or to have someone else take over the lease. It is very important that the tenant contact the landlord if the tenant wants to sublease, reach agreement on the subleasedate hereof, and have the agreement put all rights of any lessees thereunder shall be subject and subordinate in writing and signed by the landlord, the tenant and the person the tenant wants to sublet to). This agreement needs to specify who is responsible if the subtenant fails to pay the rent or damages the property. If the landlord does not agree all respects to the subleaselien and provisions of this Deed of Trust unless Beneficiary shall otherwise elect in writing; provided, however, that Beneficiary hereby agrees to the tenant will be responsible. Even if the landlord does agree, the agreement could still make the tenant responsible for the subtenant. If the lease requires landlord approval before subleasing a house or apartment, the tenant should make sure it also states that “consent may not be unreasonably withheld for any suitable tenant.” Try to get this language inclusion in the lease or rental agreement, because it will protect the tenant in the event all such Leases of a situation where customary recognition and non-disturbance provision to the landlord decides effect that Beneficiary (and any Person succeeding to be unreasonable about the people who can move interest of Beneficiary under this Deed of Trust) will not disturb the applicable lessee's occupancy of the Trust Property, or any other rights of such lessee under the applicable Lease, so long as the lessee is not in default under said Lease (after the expiration of all applicable cure periods). (f) All Leases entered into by Grantor after the date hereof shall provide that if any act or about new terms and conditions for a sublease. Mobile home parks generally require that omission of Grantor would give any lessee under any such Lease the buyer of a mobile home located in the park must apply to lease the space the mobile home is on. The buyer does not automatically take over the seller’s lease for the mobile home space. The tenant may not permit roommates right, immediately or friends to use the unit as a place of permanent residence if the lease prohibits subleasing. But remember that a provision prohibiting subleasing does not prevent the tenant from having friends visit as guests in the tenant’s apartment or rental house. The tenant is entitled to have a reasonable number of guests stay for a reasonable time. The lease may specify the length of time guests may stay with the tenant in the rental unit.after lapse of