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<br /> personal property and not fixtures, and Lessee has the right to <br /> remove the same at any time without Lessor's consent. In <br /> addition, Lessor acknowledges that Lessee has financed the Lessee <br /> Facilities (the "Collateral") with Motorola, Inc. ( "Motorola" ) <br /> and NTFC Capital Corporation ( "NTFC") . In connection therewith, <br /> Lessor ( i) consents to the installation of the Collateral; (ii) <br /> disclaims any interest in the Collateral, as fixtures or <br /> otherwise; and (iii) agrees that the Collateral shall be exempt <br /> from execution, foreclosure, sale, levy, attachment, or distreaa <br /> for any Rent due or to become due and that such Collateral may be <br /> removed at any time without recourse to legal proceedings. <br /> 11.04 Lessor consents to the assignment by Lessee of <br /> this Lease to Motorola and/or NTFC as security for the payment of <br /> all indebtedness and performance of obligations under the <br /> promissory notes and Financing and Security Agreement evidencing <br /> the financing referred to in Paragraph 11.03 above; provided that <br /> such assignment shall not constitute assumption by Motorola <br /> and/or NTFC of any obligations under this Lease unless and until <br /> Motorola and/or NTFC elects to assume Lessee's rights ancS <br /> obligations herein in the event Lessee defaults under such <br /> promissory notes, Financing Agreement or any agreement with <br /> Motorola and/or NTFC related thereto. In such event, Motorola <br /> and/or NTFC may, but shall nave no obligation to take in its name <br /> or in the name of Lessee or otherwise, such actions as Motorola <br /> .-/ and/or NTFC may, at any time or from time to time deem necessary <br /> to utilize the Leased Premises. Lessee hereby irrevocably <br /> authorizes Lessor to accept such performance by Motorola and/or <br /> NTFC. <br /> 12. DEFAULTS: REMEDIES. <br /> G:\SITES\LEASING\S99A \CITYLSE.DOC SITE #599A 18 <br /> ....._," <br />