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RDA Agmt 1997 Batarse Family Trust etc
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RDA Agmt 1997 Batarse Family Trust etc
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
5/7/1997
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RDA Agmt 1996 Batarse Family Trust etc
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\City Clerk\City Council\Agreements\1996
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• <br /> of trust encumbering such leasehold interest to secure a portion of the purchase price <br /> given to Beneficiary for such assignment or transfer, then such deed of trust shall be <br /> considered a Leasehold Deed of Trust as contemplated under this Section 8.1 and <br /> Beneficiary shall be entitled to receive the benefit and enforce the provisions of this <br /> Section 8.1 and any other provisions of this Lease intended for the benefit of the <br /> holder of a Leasehold Deed of Trust. Any purchaser at a foreclosure sale other than <br /> Beneficiary, must assume this Lease and it shall have no right in respect to the <br /> 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 <br /> purchaser acquires title to the Tenant's interest in the Lease. <br /> • <br /> 8.1.8. In the event that this Lease is terminated by Landlord on account <br /> of a default, or rejected by Tenant or any trustee of Tenant appointed pursuant to or <br /> in connection with any bankruptcy proceeding (and provided that an unsatisfied <br /> Leasehold Deed of Trust then stands of record), or in the event Tenant'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, Landlord shall <br /> immediately execute and deliver a new lease of the Premises to Beneficiary or its <br /> • nominee, purchaser, assignee or transferee, upon written request by such person or <br /> entity given within sixty (60) days after such termination, sale, assignment or • <br /> transfer, for the remainder of the Lease Term with the same agreements, covenants <br /> and conditions (except for any requirements which have been fulfilled by Tenant <br /> prior to termination) as are contained herein and with priority equal to that hereof; <br /> provided, however, that Beneficiary shall promptly cure any default of Tenant <br /> susceptible to cure by Beneficiary, with all monetary defaults being subject to cure. <br /> Upon execution and delivery of such new lease, Landlord shall cooperate with the <br /> new Tenant, at the expense of the said new Tenant, in taking such action as shall be <br /> necessary to cancel and discharge this Lease and to remove Tenant named herein <br /> from the Premises. In such event the ownership of the readerboard sign and other <br /> improvements shall be deemed to have been transferred directly to such transferee of <br /> Tenant's interest in this Lease and the provision of Sections 7.1 and 7.3 hereof <br /> causing such sign and other improvements to become the property of Landlord in the <br /> event of termination of this Lease shall be ineffective as applied to any such <br /> termination. Landlord shall, at no expense to Landlord, execute such deed or the <br /> instrument of conveyance as may be necessary for fee simple tide to the sign and <br /> other improvements, but not the Premises, to be insured in such transferee of • <br /> Tenant's interest. <br /> Automall Read Board Sign - Ground Lease <br /> Final 5/07/97 Page 13 of 22 <br />
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