Common use of Payment to Lender Clause in Contracts

Payment to Lender. In the event Tenant receives written notice (the “Rent Payment Notice”) from Lender or from a receiver for the Landlord’s Premises that there has been a default under the Security Instrument and that rentals due under the Lease are to be paid to Lender or to the receiver (whether pursuant to the terms of the Security Instrument or of that certain Assignment of Rents and Leases executed by Landlord as additional security for the Loan), Tenant shall pay to Lender or to the receiver, or shall pay in accordance with the directions of Lender or of the receiver, all Rent and other monies due or to become due to Landlord under the Lease, notwithstanding any contrary instruction, direction or assertion of Former Landlord. Landlord hereby expressly and irrevocably directs and authorizes Tenant to comply with any Rent Payment Notice, notwithstanding any contrary instruction, direction or assertion of Landlord, and Landlord hereby releases and discharges Tenant of and from any liability to Landlord on account of any such payments. The delivery by Lender or the receiver to Tenant of a Rent Payment Notice, or Tenant’s compliance therewith, shall not be deemed to: (i) cause Lender to succeed to or to assume any obligations or responsibilities as landlord under the Lease, all of which shall continue to be performed and discharged solely by the applicable Landlord unless and until any attornment has occurred pursuant to this Agreement; or (ii) relieve the applicable Former Landlord of any obligations under the Lease. Tenant shall be entitled to rely on any Rent Payment Notice. Tenant shall be under no duty to controvert or challenge any Rent Payment Notice. Tenant’s compliance with a Rent Payment Notice shall not be deemed to violate the Lease. Tenant shall be entitled to full credit under the Lease for any Rent paid to Lender pursuant to a Rent Payment Notice to the same extent as if such Rent were paid directly to Former Landlord.

Payment to Lender. In the event Tenant receives written notice (the “"Rent Payment Notice”") from Lender or from a receiver for the Landlord’s 's Premises that there has been a default under the Security Instrument and that rentals due under the Lease are to be paid to Lender or to the receiver (whether pursuant to the terms of the Security Instrument or of that certain Assignment of Rents and Leases executed by Landlord as additional security for the Loan), Tenant shall pay to Lender or to the receiver, or shall pay in accordance with the directions of Lender or of the receiver, all Rent and other monies due or to become due to Landlord under the Lease, notwithstanding any contrary instruction, direction or assertion of Former Landlord. Landlord hereby expressly and irrevocably directs and authorizes Tenant to comply with any Rent Payment Notice, notwithstanding any contrary instruction, direction or assertion of Landlord, and Landlord hereby releases and discharges Tenant of and from any liability to Landlord on account of any such payments. The delivery by Lender or the receiver to Tenant of a Rent Payment Notice, or Tenant’s 's compliance therewith, shall not be deemed to: (i) cause Lender to succeed to or to assume any obligations or responsibilities as landlord under the Lease, all of which shall continue to be performed and discharged solely by the applicable Landlord unless and until any attornment has occurred pursuant to this Agreement; or (ii) relieve the applicable Former Landlord of any obligations under the Lease. Tenant shall be entitled to rely on any Rent Payment Notice. Tenant shall be under no duty to controvert or challenge any Rent Payment Notice. Tenant’s 's compliance with a Rent Payment Notice shall not be deemed to violate the Lease. Tenant shall be entitled to full credit under the Lease for any Rent paid to Lender pursuant to a Rent Payment Notice to the same extent as if such Rent were paid directly to Former Landlord.

Payment to Lender. In Borrower will pay to the event Tenant receives Lender on the Maturity Date, or the Acceleration Date, whichever shall first occur, the principal amount, together with accrued interest not later than 12 noon, Denver, Colorado time in lawful money of the United States of America in immediately available funds. Any payment received after that time will be deemed to have been made on the next following business day. Should the payment become due and payable on a day other than a business day, the maturity of that payment shall be extended to the next succeeding business day, and in the case of a payment of principal, interest shall accrue and be payable for the period of such extension. At the Lender's election, which may be exercised by its giving written notice to the Borrower not less than ten (10) business days prior to the “Rent Payment Notice”) from Maturity Date or the Acceleration Date, whichever is applicable, the Lender or from a receiver for may request the Landlord’s Premises that there has been a default Borrower to issue to the Lender common stock of the Borrower in lieu of payment of the amounts outstanding under the Security Instrument and that rentals due Note, the number of common shares to be issued to be determined by dividing $.80 into the amount outstanding under the Lease are Note. The Borrower agrees, at its sole expense, that it will upon the Lender's written request use its reasonable best efforts to be paid to Lender or to register the receiver (whether pursuant to sale of such shares with the terms of the Security Instrument or of that certain Assignment of Rents United States Securities and Leases executed by Landlord as additional security for the Loan)Exchange Commission, Tenant shall pay to Lender or to the receiver, or shall pay in accordance with the directions provisions of Lender Exhibit F attached hereto. In connection therewith, the Borrower shall have obtained all authorizations and approvals of, and all other actions required to be taken by, any applicable governmental authority or regulatory body or stock exchange and shall have given all notices to, and made all filings with, any such governmental authority or regulatory body or stock exchange, that may be required in connection with such issuance and registration of the receiver, all Rent Borrower's common stock. The Borrower may elect not to issue the stock if it timely pays to Lender in immediately available funds the full amount of principal and other monies due or to become due to Landlord interest owed under the LeaseNote. Upon the issuance of the stock, notwithstanding any contrary instruction, direction or assertion of Former Landlord. Landlord hereby expressly the amount due under the Loan shall be deemed no longer due and irrevocably directs and authorizes Tenant to comply with any Rent Payment Notice, notwithstanding any contrary instruction, direction or assertion of Landlordpayable, and Landlord hereby releases and discharges Tenant of and from any liability to Landlord on account of any such payments. The delivery by Lender or the receiver to Tenant of a Rent Payment Notice, or Tenant’s compliance therewith, this Agreement shall not be deemed to: (i) cause Lender to succeed to or to assume any obligations or responsibilities as landlord under terminated and the Lease, all of which shall continue to be performed and discharged solely by the applicable Landlord unless and until any attornment has occurred pursuant to this Agreement; or (ii) relieve the applicable Former Landlord of any obligations under the Lease. Tenant shall be entitled to rely on any Rent Payment Notice. Tenant shall be under no duty to controvert or challenge any Rent Payment Notice. Tenant’s compliance with a Rent Payment Notice shall not be Note deemed to violate the Lease. Tenant shall be entitled to full credit under the Lease for any Rent paid to Lender pursuant to a Rent Payment Notice to the same extent as if such Rent were paid directly to Former Landlordcanceled.

Payment to Lender. In Borrower will pay to the event Tenant receives Lender on the Maturity Date, or the Acceleration Date, whichever shall first occur, the principal amount, together with accrued interest not later than 12 noon, Denver, Colorado time in lawful money of the United States of America in immediately available funds. Any payment received after that time will be deemed to have been made on the next following business day. Should the payment become due and payable on a day other than a business day, the maturity of that payment shall be extended to the next succeeding business day, and in the case of a payment of principal, interest shall accrue and be payable for the period of such extension. At the Lender's election, which may be exercised by its giving written notice to the Borrower not less than ten (10) business days prior to the “Rent Payment Notice”) from Maturity Date or the Acceleration Date, whichever is applicable, the Lender or from a receiver for may request the Landlord’s Premises that there has been a default Borrower to issue to the Lender common stock of the Borrower in lieu of payment of the amounts outstanding under the Security Instrument and that rentals due Note, the number of common shares to be issued to be determined by dividing $.80 into the amount outstanding under the Lease are Note. The Borrower agrees, at its sole expense, that it will upon the Lender's written request use its reasonable best efforts to be paid to Lender or to register the receiver (whether pursuant to sale of such shares with the terms of the Security Instrument or of that certain Assignment of Rents United States Securities and Leases executed by Landlord as additional security for the Loan)Exchange Commission, Tenant shall pay to Lender or to the receiver, or shall pay in accordance with the directions provisions of Lender Exhibit F attached hereto. In connection therewith, the Borrower shall have obtained all authorizations and approvals of, and all other actions required to be taken by, any applicable governmental authority or regulatory body or stock exchange and shall have given all notices to, and made all filings with, any such -6- governmental authority or regulatory body or stock exchange, that may be required in connection with such issuance and registration of the receiver, all Rent Borrower's common stock. The Borrower may elect not to issue the stock if it timely pays to Lender in immediately available funds the full amount of principal and other monies due or to become due to Landlord interest owed under the LeaseNote. Upon the issuance of the stock, notwithstanding any contrary instruction, direction or assertion of Former Landlord. Landlord hereby expressly the amount due under the Loan shall be deemed no longer due and irrevocably directs and authorizes Tenant to comply with any Rent Payment Notice, notwithstanding any contrary instruction, direction or assertion of Landlordpayable, and Landlord hereby releases and discharges Tenant of and from any liability to Landlord on account of any such payments. The delivery by Lender or the receiver to Tenant of a Rent Payment Notice, or Tenant’s compliance therewith, this Agreement shall not be deemed to: (i) cause Lender to succeed to or to assume any obligations or responsibilities as landlord under terminated and the Lease, all of which shall continue to be performed and discharged solely by the applicable Landlord unless and until any attornment has occurred pursuant to this Agreement; or (ii) relieve the applicable Former Landlord of any obligations under the Lease. Tenant shall be entitled to rely on any Rent Payment Notice. Tenant shall be under no duty to controvert or challenge any Rent Payment Notice. Tenant’s compliance with a Rent Payment Notice shall not be Note deemed to violate the Lease. Tenant shall be entitled to full credit under the Lease for any Rent paid to Lender pursuant to a Rent Payment Notice to the same extent as if such Rent were paid directly to Former Landlordcanceled.