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22. Subordination/Non-Disturbance. Subtenant agrees that this Sublease is subject and <br />subordinate to the terms and conditions of the lease by and between Prime Lessor and <br />Kannapolis Land, Tnc., including without limitation, all terms and conditions pertaining <br />to all mortgages which may now or hereafter affect or encumber all or any portion of the <br />Land. Upon request of Sublessor, Subtenant shall execute and deliver any agreement <br />subordinating this Sublease and Subtenant's interest in the Premises to any mortgage <br />upon the Land, provided that the holder of the mortgage shall agree in writing not to <br />disturb Subtenant's tenancy if there is no Subtenant default hereunder. Subtenant shall, <br />from time to time, upon ten (10) days prior written request from Sublessor, cause to be <br />executed, acknowledged and delivered a certificate stating this Sublease is in full force <br />and effect, the amount of Rent, the dates to which Rent has been paid and stating that, to <br />the knowledge of the signer of such certificate, either that no default exists under this <br />Sublease or specifying each such default of which the signer has knowledge. Generally, <br />so long as Subtenant is not in default hereunder, any Land mortgagee or any purchaser at <br />a foreclosure of the mortgage shall not disturb Subtenant's possession of the Premises so <br />long as Subtenant attoms to such mortgagee or purchaser at foreclosure. <br />23. Sublessor Default. Except as set forth herein, Sublessor's failure to perform or <br />observe any of its material obligations under this Sublease within 30 days after receipt of <br />written notice from Subtenant of such default (or within such other reasonable length of <br />time if Sublessor has begun earnest efforts to cure such default within the thirty day <br />period) shall be deemed to be a Sublessor Default hereunder. The written notice from <br />Subtenant shall give reasonable detail regarding the nature and extent of the failure and <br />identify the Sublease provision containing the obligations. In the event of Sublessor <br />Default, Subtenant shall be entitled to terminate this Sublease upon thirty days prior <br />written notice. <br />24. Subtenant Default. If Subtenant: (1) fails to pay any Rent, Additional Rent or any <br />other sums of money due hereunder within 3 business days after the Due Date; or (2) <br />fails to comply with any other provision of this Sublease after receipt of written notice <br />from-Sublessor; or (iii) there is a _filing_of anyprocess of law in any action against <br />Subtenant which impacts the Land; or (iv) becomes insolvent or unable to pay its debts as <br />they become due or notifies Sublessor in writing that it anticipates either condition; or <br />(v) files a petition under any section or chapter of the United States Bankruptcy Code as <br />amended, or under any similar law or statute of the United States or any State thereof; or <br />a petition shall be filed against Subtenant under any such statute, which is not dismissed <br />within 30 days after the filing thereof; or (vi) has a receiver or trustee appointed for the <br />assets of Subtenant apd such is not discharged within 30 days after the appointment; then <br />Subtenant shall be deemed to be in default hereunder. <br />On the occurrence of any Subtenant default and after the applicable notice and cure <br />period, subject to terms and conditions provided herein, Sublessor may: <br />(i) without terminating this Sublease and without entering into possession of <br />the Premises, continue this Sublease in effect and enforce all rights of <br />Sublessor and obligations of Subtenant hereunder, including the filing of <br />suit for the collection of Rent, Additional Rent and all other sums due <br />r-- -~ <br />