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Inst 2003490374
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Inst 2003490374
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Last modified
8/20/2009 2:29:00 PM
Creation date
8/20/2009 2:28:59 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
3/3/2003
Recorded Document Type
Lease
Retention
PERM
Document Relationships
Inst 2003245245
(Reference)
Path:
\City Clerk\City Council\Recorded Documents\2003
Inst 2003245246
(Reference)
Path:
\City Clerk\City Council\Recorded Documents\2003
Reso 2003-029
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2003
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<br />C <br />liable under the provisions of this Lease, unless and until such time as it becomes, and then <br />only for so long as it remains, the owner of the leasehold estate. <br />8.1.6 Foreclosure of Leasehold Deed of Trust, Foreclosure of a Leasehold Deetl of Trust, or any <br />sale thereunder, whether by judicial proceedings or by virtue of any power contained in the <br />Leasehold Deed of Trust, or any conveyance of the leasehold estate created hereby from <br />Waste Management to Beneficiary through, or in lieu of, foreclosure or other appropriate <br />proceedings in the nature thereof, shall not require the consent of City nor shall it constitute a <br />breach of any provision of or default under this Lease, and upon such foreclosure, sale or <br />conveyance City shall recognize Beneficiary, or any other foreclosure sale purchaser, as <br />Waste Management hereunder. <br />8.1.7 Assignment of Transfer of Beneficiary's Interest. If a Beneficiary shall acquire Waste <br />Management's interest in this Lease as a result of a sale under said Leasehold Deed of Trust <br />pursuant to a power of sale contained therein, pursuant to a judgment of foreclosure, through <br />any transfer in lieu of foreclosure, or through settlement of or arising out of any pending or <br />contemplated foreclosure action, or in the event Beneficiary becomes Waste Management <br />under this Lease or any new lease obtained pursuant to Section 8.1.8 below, such <br />Beneficiary's right thereafter to assign or transfer this Lease or such new lease shall be <br />subject to the requirement that the assignment or transfer must be approved by City, whose <br />approval shall not be unreasonably withheld, conditioned or delayed, In the event Beneficiary <br />subsequently assigns or transfers its interest under this Lease after acquiring the same by <br />foreclosure or deed in lieu of foreclosure or subsequently assigns or transfers its interests <br />under any new lease obtained pursuant to Section 8.1.8 and in connection with any such <br />assignment or transfer Beneficiary takes back a deed of trust encumbering such leasehold <br />interest to secure a portion of the purchase price given to Beneficiary for such assignment or <br />transfer, then such Deed of Trust shall be considered a Leasehold Deed of Trust as <br />contemplated under this Section 8.1 and Beneficiary shall be entitled to receive the benefit <br />and enforce the provisions of this Section 8.1 and any other provisions of this Lease intended <br />for the benefit of the holder of a Leasehold Deed of Trust. Any purchaser at a foreclosure <br />sale other than Beneficiary, must assume this Lease and it shall have no right in respect to <br />the Premises unless it so assumes and delivers a duplicate original of the Assumption <br />Agreement (to be executed in form for recording) within ten (10) days after such purchaser <br />acquires title to the Waste Management's interest in the Lease. <br />8.1.8. Execution of New Lease. In the event that this Lease is terminated by City on account of a <br />default, or rejected by Waste Management or any trustee of Waste Management appointed <br />pursuant to or in connection with any bankruptcy proceeding (and provided that an unsatisfied <br />Leasehold Deed of Trust then stands of record), or in the event Waste Management's interest <br />under this Lease shall be sold, assigned or transferred pursuant to the exercise of any <br />remedy of the Beneficiary, pursuant to judicial or other proceedings, City shall immediately <br />execute and deliver a new Lease of the Premises to Beneficiary or its nominee, purchaser, <br />assignee or transferee, upon written request by such person or entity given within sixty (60) <br />days after such termination, sale, assignment or transfer, for the remainder of the Lease Term <br />with the same agreements, covenants, and conditions (except for any requirements which <br />62aoo9-i <br />
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