Attornment and Subordination. (a) In the event of the exercise of any power of sale under the provisions of any mortgage or deed of trust now or hereafter encumbering the Premises, Tenant agrees that it shall attorn to the purchaser at such sale and that it shall recognize such purchaser as Landlord under the terms and provisions of this Lease and shall continue this Lease in full force and effect regardless of whether such mortgage or deed of trust was superior or subordinate to this Lease, provided such purchaser recognizes Tenant hereunder; and provided further that in the event Landlord shall default in any payment due in respect of such mortgage, Tenant shall have the right under Landlord's mortgage, but not the obligation, upon ten (10) days written notice from either Landlord or Landlord's mortgagee to pay such amount due and thereby cure such default. Landlord further agrees that it shall execute and deliver no mortgage on the Demised Premises purporting to limit and prohibit Tenant from collaterally assigning this Lease or its leasehold interest arising hereunder as security for Tenant's financing. (b) Tenant agrees that this Lease shall be and is subordinate to any deeds of trust or mortgages now or hereafter encumbering the land and buildings of which the Demised Premises are a part or against any buildings hereafter placed upon the land on which the Demised Premises is situated. (c) Upon request by Landlord, Tenant agrees to promptly enter into and deliver to Landlord such written instruments in form reasonably acceptable to Landlord and its mortgagee which confirm the above subordination and effect the above attornment.
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Attornment and Subordination. (a) In the event of the exercise of any power of sale under the provisions of any mortgage or deed of trust now or hereafter encumbering the Premises, Tenant agrees that it shall attorn to the purchaser at such sale and that it shall recognize such purchaser as Landlord under the terms and provisions of this Lease and shall continue this Lease in full force and effect regardless of whether such mortgage or deed of trust was superior or subordinate to this Lease, provided such purchaser recognizes Tenant hereunder; and provided further that in the event Landlord shall default in any payment due in respect of such mortgage, Tenant shall have the right under Landlord's mortgage, but not the obligation, upon ten (10) days written notice from either Landlord or Landlord's mortgagee to pay such amount due and thereby cure such default. Landlord further agrees that it shall execute and deliver no mortgage on the Demised Premises purporting to limit and prohibit Tenant from collaterally assigning -assigning this Lease or its leasehold interest arising hereunder as security for Tenant's financing.
(b) Tenant agrees that this Lease shall be and is subordinate to any deeds of trust or mortgages now or hereafter encumbering the land and buildings of which the Demised Premises are a part or against any buildings hereafter placed upon the land on which the Demised Premises is situated.
(c) Upon request by Landlord, Tenant agrees to promptly enter into and deliver to Landlord such written instruments in form reasonably acceptable to Landlord and its mortgagee which confirm the above subordination and effect the above attornment.
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Attornment and Subordination. (a) a. In the event of the exercise of any power of sale under the provisions of any mortgage or deed of trust now or hereafter encumbering the Premisespremises, Tenant agrees that it shall attorn to the purchaser at such sale and that it shall recognize such purchaser as Landlord under the terms and provisions of this Lease and shall continue this Lease in full force and effect regardless of whether such mortgage or deed of trust was superior or subordinate to this Lease, provided such purchaser recognizes Tenant hereunder; and provided further that in the event Landlord shall default in any payment due in respect of such mortgage, Tenant shall have the right under Landlord's mortgage, but not the obligation, upon ten (10) days days' written notice from either Landlord or Landlord's mortgagee to pay such amount due and thereby cure such default. Landlord further agrees that it shall execute and deliver no mortgage on the Demised Premises purporting to limit and prohibit Tenant from collaterally assigning this Lease or its leasehold interest arising hereunder as security for Tenant's financing.
(b) b. Tenant agrees that this Lease shall be and is subordinate to any deeds of trust or mortgages now or hereafter encumbering the land and buildings of which the Demised Premises are a part or against any buildings hereafter placed upon the land on which the Demised Premises is situated.
(c) c. Upon request by Landlord, Tenant agrees to promptly enter into and deliver to Landlord such written instruments in form reasonably acceptable to Landlord and its mortgagee which confirm the above subordination and effect the above attornment.
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Attornment and Subordination. (a) In Licensee shall, in the event any proceedings are brought for the foreclosure of, or in the event of the exercise of any the power of sale under the provisions of any mortgage or deed of trust now or hereafter encumbering made by Licensor covering the Premises, Tenant agrees that it shall attorn to the purchaser at upon any such foreclosure or sale and that it shall recognize such purchaser as Landlord the Licensor under the terms and provisions of this Lease and License, provided that any such purchaser shall continue recognize this Lease License as remaining in full force and effect regardless effect, so long as Licensee observes and performs the terms, covenants and conditions of whether such mortgage or deed of trust was superior or this License to be observed and performed by Licensee. This License shall be subject and subordinate to the lien of any mortgage, trust deed or other encumbrances now or hereafter in force against the Property or any part thereof, if any, and to all renewals, extensions, modifications, consolidations and replacements thereof, and to all advances made or hereafter to be made upon the security of such mortgages or trust deeds, unless the holders of such mortgages, trust deeds or other encumbrances require in writing that this LeaseLicense be superior thereto. Further, provided such purchaser recognizes Tenant hereunder; and provided further that in the event Landlord Licensor shall default in sell, convey, transfer or exchange the Premises or the Property, Licensee agrees to recognize and attorn to the purchaser or transferee, as the Licensor hereunder and Licensor shall be relieved and released from any payment due in respect liability under any and all of its covenants and obligations under this License arising out of any act, occurrence or event after such mortgagesale, Tenant shall have conveyance, transfer or exchange. Licensor’s title is subject to: (a) the right under Landlord's mortgageeffect of any covenants, but not conditions, restrictions, easements, development agreements, mortgages or deeds of trust, ground leases, rights of way, and other matters or documents of record now or hereafterrecorded against Licensor’s title to the obligationProperty; and (b) the effects of any zoning Lawsof the city, upon ten (10) days written notice from either Landlord or Landlord's mortgagee to pay such amount due county and thereby cure such defaultstate where the Property is situated. Landlord further Licensee agrees that it shall execute will conform to and deliver no mortgage on the Demised Premises purporting to limit will not violate any matters of record, and prohibit Tenant from collaterally assigning this Lease or its leasehold interest arising hereunder as security for Tenant's financing.
(b) Tenant agrees that this Lease shall be License is and is shallbe subordinate to said matters of record and any deeds of trust amendments or mortgages now or hereafter encumbering the land and buildings of which the Demised Premises are a part or against any buildings hereafter placed upon the land on which the Demised Premises is situatedmodifications thereto.
(c) Upon request by Landlord, Tenant agrees to promptly enter into and deliver to Landlord such written instruments in form reasonably acceptable to Landlord and its mortgagee which confirm the above subordination and effect the above attornment.
Appears in 1 contract
Samples: Development Agreement
Attornment and Subordination. (a) In Lessee shall execute, without further consideration, any and all instruments desired by Lessor (or Lessor's mortgagee) subordinating this Agreement in the event of manner requested by Lessor to the exercise of any power of sale under the provisions lien of any mortgage or and/or deed of trust or other encumbrance which may now or hereafter encumbering affect the PremisesLeased Property, Tenant agrees together with all renewals, modifications, consolidations, replacements or extensions thereof; provided, however, that it any lienor or encumbrancer relying on such subordination of such additional agreements will covenant with Lessee that Lessee's leasehold interests hereunder shall attorn to the purchaser at such sale and that it shall recognize such purchaser as Landlord under the terms and provisions of this Lease and shall continue this Lease remain in full force and effect regardless of whether such mortgage or deed of trust was superior or subordinate to this Leaseeffect, provided such purchaser recognizes Tenant hereunder; and provided further that Lessee shall not be disturbed in the event Landlord shall of sale, foreclosure or other action so long as Lessee is not in default hereunder. Lessor is irrevocably appointed and authorized as agent and attorney-in-fact of Lessee to execute all subordination instruments in any payment due in respect of such mortgage, Tenant shall have the right under Landlord's mortgage, but not the obligation, upon ten event Lessee fails to execute said instruments within fifteen (1015) days written after notice from either Landlord or Landlord's mortgagee to pay such amount due and thereby cure such default. Landlord further agrees that it shall execute and deliver no mortgage on Lessor demanding the Demised Premises purporting to limit and prohibit Tenant from collaterally assigning this Lease or its leasehold interest arising hereunder as security for Tenant's financingexecution thereof.
(b) Tenant agrees that this Lease If Lessor's interest is transferred to and owned by any lender as a result of a foreclosure or other proceeding brought by the lender in lieu of or pursuant to a foreclosure or in any other manner, and if the lender thereby succeeds to the interest of Lessor hereunder, then Lessee shall be bound to the lender under all of the terms, covenants and is subordinate conditions hereof for the balance of the remaining Lease Term, with the same force and effect as if the lender was the original Lessor hereunder. Lessee hereby attorns to any deeds of trust or mortgages now or hereafter encumbering such lender, with the land attornment to be effective and buildings of which the Demised Premises are a part or against any buildings hereafter placed self-operative immediately upon the land on lender succeeding to the interest of Lessor, and without the necessity of the execution of any further instrument. If a lender shall succeed to the interest of Lessor, the lender shall not be liable for any act or omission of Lessor, and shall not be subject to any offsets or defenses which the Demised Premises is situatedLessee might assert against Lessor.
(c) Upon request by Landlord, Tenant agrees to promptly enter into and deliver to Landlord such written instruments in form reasonably acceptable to Landlord and its mortgagee which confirm the above subordination and effect the above attornment.
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Samples: Real Property Lease Agreement With Option to Purchase (Lithia Motors Inc)
Attornment and Subordination. (aA) In the event any proceedings are brought for the foreclosure of, or in the event of the conveyance by deed in lieu of foreclosure of, or in the event of exercise of any the power of sale under the provisions of under, any mortgage or deed of trust now or hereafter encumbering made by Lessor covering the Premises, Tenant agrees that it shall attorn to or in the purchaser at such sale and that it shall recognize such purchaser as Landlord under event Lessor sells, conveys or otherwise transfers its interest in the terms and provisions of Facility or any portion thereof containing the Premises, this Lease and shall continue this Lease remain in full force and effect regardless of whether and Lessee hereby attorns to and covenants and agrees to execute an instrument in writing reasonable satisfactory to the new owner whereby Xxxxxx attorns to such mortgage or deed of trust was superior or subordinate to successor in interest and recognizes such successor as the Lessor under this Lease. Payment by or performance of this Lease by any person, provided such purchaser recognizes Tenant hereunder; and provided further that firm or corporation claiming an interest in the event Landlord shall default in any payment due in respect of such mortgage, Tenant shall have the right under Landlord's mortgage, but not the obligation, upon ten (10) days written notice from either Landlord or Landlord's mortgagee to pay such amount due and thereby cure such default. Landlord further agrees that it shall execute and deliver no mortgage on the Demised Premises purporting to limit and prohibit Tenant from collaterally assigning this Lease or the Premises by, through or under Lessee without Lessor’s consent in writing shall not constitute an attornment or create any interest in this Lease or the Premises. The new owner (including any lender) may, at its leasehold interest arising hereunder as security for Tenant's financingoption, accept or reject such attornment.
(bB) Tenant Xxxxxx agrees that this Lease shall shall, at the request of Xxxxxx, be and is subordinate to any deeds of trust or mortgages that may now be or hereafter encumbering the land and buildings of which the Demised Premises are a part or against any buildings hereafter placed upon the land on which YMCA Facility and to any and all advances to be made thereunder, and to the Demised Premises interest thereon, and all renewals, replacements and extensions thereof. Xxxxxx also agrees that any mortgagee or beneficiary may elect to have this Lease constitute a prior lien to its mortgage, and in the event of such election, and upon notification by such mortgagee or beneficiary to Lessee to that effect, this Lease shall be deemed prior in time to such mortgage, whether this Lease is situated.
(c) Upon dated prior to or subsequent to the date of said mortgage. Xxxxxx agrees that upon the request by Landlordof Xxxxxx, Tenant or any mortgagee or beneficiary, Xxxxxx shall execute whatever instruments may be required to carry out the intent of this Section. Without limiting the foregoing, Xxxxxx agrees to promptly enter into and deliver execute upon request a subordination agreement (recordable form). Notwithstanding anything to Landlord the contrary contained in such written instruments in form reasonably acceptable form, no such mortgagee or beneficiary shall be required to Landlord and its mortgagee which confirm grant non-disturbance rights to Lessee as a condition of such subordination. In no event shall any lender, as holder of a mortgage or other security instrument on the above subordination and effect YMCA Facility, or as successor Lessor, be liable to Lessee for any act or omission or any prior Lessor or for any liability or obligation of any prior Lessor or for any liability or obligation of any prior Lessor occurring prior to the above attornmentdate that such lender or any subsequent owner acquires title.
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Samples: Lease Agreement
Attornment and Subordination. If the Leased Premises are encumbered by a Mortgage, and the Mortgage is foreclosed, or if the Leased Premises are sold pursuant to foreclosure or by reason of a default under a Mortgage, if this Lease is not terminated in such proceedings, the following will apply notwithstanding the foreclosure, the sale, or the default: (ai) In Tenant will not disaffirm this Lease or any of its obligations under this Lease, (ii) at the event request of the exercise applicable Mortgagee or purchaser at the foreclosure or sale, Tenant will attorn to the Mortgagee or purchaser, and execute a new lease for the Leased Premises setting forth all of any power of sale under the provisions of this Lease except that the Term of the new lease will be for the balance of the Term of this Lease. Tenant agrees that this Lease is and at all times will be subject and subordinate to the lien of any mortgage or deed of trust Mortgage now or hereafter encumbering the Leased Premises, including all renewals, replacements, extensions, modifications and substitutions thereof and any future advances thereunder. Tenant agrees that it shall attorn from time to time to execute, acknowledge, and deliver any instrument of subordination required or requested by any Mortgagee, and a signed writing acknowledging the status of this Lease. Tenant further agrees upon request to execute, acknowledge, and deliver an agreement or agreements from time to time subordinating this Lease to the purchaser at such sale and that it shall recognize such purchaser as Landlord under the terms and provisions lien of this Lease and shall continue this Lease in full force and effect regardless of whether such mortgage any Mortgage or deed of trust was superior or subordinate to this Lease, provided such purchaser recognizes Tenant hereunder; and provided further that in the event Landlord shall default in any payment due in respect of such mortgage, Tenant shall have the right under Landlord's mortgage, but not the obligation, upon ten (10) days written notice from either Landlord or Landlord's mortgagee to pay such amount due and thereby cure such default. Landlord further agrees that it shall execute and deliver no mortgage on the Demised Premises purporting to limit and prohibit Tenant from collaterally assigning this Lease or its leasehold interest arising hereunder as security for Tenant's financing.
(b) Tenant agrees that this Lease shall be and is subordinate to any deeds of trust or mortgages now or hereafter encumbering the land and buildings of which the Demised Premises are a part or against any buildings Mortgages hereafter placed upon the land on which Leased Premises. Provided that Tenant remains current in its obligations and attorns to the Demised Premises is situatednew lienholder, Tenant’s subordination to any future lienholder will be accompanied by a non disturbance agreement from the new lienholder.
(c) Upon request by Landlord, Tenant agrees to promptly enter into and deliver to Landlord such written instruments in form reasonably acceptable to Landlord and its mortgagee which confirm the above subordination and effect the above attornment.
Appears in 1 contract
Samples: Lease (Suncoast Bancorp Inc)
Attornment and Subordination. (a) In Tenant shall, in the event of a sale, transfer, or assignment of Landlord's interest in the Building or any part thereof, or in the event any proceedings are brought for the foreclosure of, or in the event of exercise of any the power of sale under the provisions of any mortgage or deed of trust now or hereafter made by Landlord encumbering the PremisesLeased Premises or any part thereof, Tenant agrees that it shall attorn to at the request of the purchaser at such sale sale, upon receipt of a nondisturbance agreement, attorn to and that it shall recognize such transferee, purchaser or mortgagee as landlord under this Lease. This Lease and the estate of Tenant hereunder shall be subject and subordinate to any existing mortgage, deed of trust or other method of financing or refinancing now encumbering the Leased Premises, the land underlying the Leased Premises and/or the Building, and any replacement, modification, consolidation, renewal or extension thereof. Landlord agrees to make good faith efforts to obtain for Tenant a non-disturbance agreement for the existing mortgagee. Any such mortgage, deed of trust or other method of financing or refinancing shall, for the full amount of principal at any time advance thereon or secured thereby, with interest, be prior and paramount to this Lease and to the rights of Tenant hereunder and persons claiming through or under Tenant, or otherwise, in the terms Leased Premises. Tenant, on Tenant's behalf, and provisions on behalf of all persons claiming through or under Tenant, covenants and agrees that Tenant will, from time to time at the request of Landlord, upon receipt of a non-disturbance agreement, execute and deliver any necessary or proper instruments or certificates acknowledging priority of the lien or charge of such mortgage to such lease and to subordination of this Lease and shall continue this Lease in full force and effect regardless of whether such mortgage or deed of trust was superior or subordinate to this Lease, provided such purchaser recognizes Tenant hereunder; and provided further that in the event Landlord shall default in any payment due in respect of such mortgage, Tenant shall have the right under Landlord's mortgage, but not the obligation, upon ten (10) days written notice from either Landlord or Landlord's mortgagee to pay such amount due and thereby cure such default. Landlord further agrees that it shall execute and deliver no mortgage on the Demised Premises purporting to limit and prohibit Tenant from collaterally assigning this Lease or its leasehold interest arising hereunder as security for Tenant's financingthereto.
(b) Tenant agrees that this Lease shall be and is subordinate to any deeds of trust or mortgages now or hereafter encumbering the land and buildings of which the Demised Premises are a part or against any buildings hereafter placed upon the land on which the Demised Premises is situated.
(c) Upon request by Landlord, Tenant agrees to promptly enter into and deliver to Landlord such written instruments in form reasonably acceptable to Landlord and its mortgagee which confirm the above subordination and effect the above attornment.
Appears in 1 contract
Attornment and Subordination. (a) In Lessee shall, in the event any proceedings are brought for the foreclosure of, or in the event of the exercise of any the power of sale under any mortgage covering the provisions Leased Premises, attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as Lessor, provided such purchase recognizes and assumes all of Lessee's duties, obligations, rights, and options under this Lease.
(b) Upon request by Lessor, Lessee shall subordinate its rights hereunder to the lien of any mortgage or deed mortgages, or the lien resulting from any other method of trust financing or refinancing, now or hereafter encumbering in force against the PremisesLeased Premises and to all advances made or hereafter to be made upon the security thereof; provided, Tenant agrees however, that it a condition precedent to Lessee's requirement to subordinate hereunder shall attorn be that Lessee, upon any default in the terms of such financing by Lessor, shall have the right to pay the Rent due hereunder directly to the purchaser at mortgagee or other persons to whom Lessor may be obligated under such sale and that it shall recognize such purchaser financing and, so long as Landlord under Lessee does so pay the terms and provisions of Rents as herein provided, this Lease and all Lessee's rights and options hereunder shall continue this Lease remain in full force and effect regardless as to such mortgagee or other financing obligee of whether such mortgage or deed of trust was superior or subordinate to this Lease, provided such purchaser recognizes Tenant hereunder; and provided further that in the event Landlord shall default in any payment due in respect of such mortgage, Tenant shall have the right under Landlord's mortgage, but not the obligationLessor.
(c) Lessee, upon request of any party in interest, shall execute, within ten (10) days written notice from either Landlord of Lessee's receipt, such instruments or Landlord's mortgagee certificates to pay such amount due and thereby cure such default. Landlord further agrees that it shall execute and deliver no mortgage on carry out the Demised Premises purporting to limit and prohibit Tenant from collaterally assigning this Lease or its leasehold interest arising hereunder intent of these paragraphs above as security for Tenant's financing.
(b) Tenant agrees that this Lease shall be requested by Lessor; provided, however, that nothing contained in such instruments or certificates required by Lessor shall be in derogation of any rights granted to Lessee hereunder, nor expand Lessee's obligations hereunder, and is subordinate if any such instruments or certificates would have the effect of accomplishing one or both of the foregoing, either explicitly or implicitly, then Lessee shall not be obligated to any deeds of trust or mortgages now or hereafter encumbering execute the land and buildings of which the Demised Premises are a part or against any buildings hereafter placed upon the land on which the Demised Premises is situatedsame.
(c) Upon request by Landlord, Tenant agrees to promptly enter into and deliver to Landlord such written instruments in form reasonably acceptable to Landlord and its mortgagee which confirm the above subordination and effect the above attornment.
Appears in 1 contract
Attornment and Subordination. (a) In the event of the exercise of any power of sale under the provisions of any mortgage or deed of trust now or hereafter encumbering the Premises, Tenant agrees that it shall attorn to the purchaser at such sale and that it shall recognize such purchaser as Landlord under the terms and provisions of this Lease and shall continue this Lease in full force and effect regardless of whether such mortgage or deed of trust was superior or subordinate to this Lease, provided such purchaser recognizes Tenant hereunder; and provided further that in the event Landlord shall default in any payment due in respect of such mortgage, Tenant shall have the right under Landlord's mortgage, but not the obligation, upon ten (10) days written notice from either Landlord or Landlord's mortgagee to pay such amount due and thereby cure such default. Landlord further agrees that it shall execute and deliver no mortgage on the Demised Premises purporting to limit and prohibit Tenant from collaterally assigning this Lease or its leasehold interest arising hereunder as security for Tenant's financing.
(b) Tenant agrees that this Lease shall shall, at the request of Landlord, be and is subordinate to any mortgages or deeds of trust or mortgages now or hereafter encumbering the land and buildings of which that may be placed upon the Demised Premises are after the date hereof and to any and all advances to be made thereunder, and to the interest thereon, and all renewals, replacements and extensions thereof, provided the mortgagee or trustee named in said mortgages or trust deeds shall agree to recognize the Lease in the event of foreclosure if tenant is not in default beyond the applicable notice, grace or cure period and enter into a part lease directly with Tenant, and as a condition precedent thereto enters into a Subordination, Non-Disturbance and Attornment Agreement in form and substance reasonably approved by Tenant. Tenant also agrees that any mortgagee or against any buildings hereafter placed trustee may elect to have this Lease constitute a prior lien to its mortgage or deed of trust, and in the event of such election and upon notification by such mortgagee or trustee to Tenant to that effect, this Lease shall be deemed a prior lien to the said mortgage or deed of trust, whether this Lease is dated prior to or subsequent to the date of said mortgage or deed of trust. Tenant agrees, that upon the land on request of landlord, any mortgagee or any trustee, it shall, without cost to Tenant, execute whatever instruments may be required to carry out the intent of this Section 20, provided such instruments are approved by Tenant, which approval shall not be unreasonably withheld. Landlord represents and warrants to Tenant that the Demised Premises is situatednot subject to any mortgages or deeds of trust as of the Commencement Date.
(cb) Upon request In the event any proceedings are brought for the foreclosure of, or in the event of the conveyance of deed in lieu of foreclosure of, or in the event of exercise of the power of sale under, any mortgage made by LandlordLandlord covering the Demised Premises, Tenant hereby attorns to, and covenants and agrees to promptly enter into execute an instrument in writing reasonably satisfactory to the new owner whereby Tenant attorns to such successor in interest and deliver recognizes such successor as the Landlord under this Lease, subject to Landlord such written instruments non-disturbance as provided for in form reasonably acceptable to Landlord and its mortgagee which confirm the above subordination and effect the above attornmentSection 20(a) hereof.
Appears in 1 contract
Attornment and Subordination. (a) In the event of the exercise of any power of sale under the provisions of any mortgage or deed of trust now or hereafter encumbering the PremisesPremises of any Facility, or any portion thereof, Tenant agrees that it shall attorn to the purchaser at such sale and that it shall recognize such purchaser as Landlord under the terms and provisions of this Lease and shall continue this Lease in full force and effect regardless of whether such mortgage or deed of trust was superior or subordinate to this Lease, provided such purchaser recognizes Tenant hereunder; and provided further that in the event Landlord shall default in any payment due in respect of such mortgage, Tenant shall have the right under Landlord's mortgage, but not the obligation, upon ten (10) days written notice from either Landlord or Landlord's mortgagee to pay such amount due and thereby cure such default. Landlord further agrees that it shall execute and deliver no mortgage on the Demised Premises purporting to limit and prohibit Tenant from collaterally assigning this Lease or its leasehold interest arising hereunder as security for Tenant's financing.
(b) Tenant agrees that this Lease shall be and is subordinate to any deeds of trust or mortgages now or hereafter encumbering the land and buildings of which the Demised Premises of any Facility are a part or against any buildings hereafter placed upon the land on which the Demised Premises of any Facility is situated, and will execute a subordination agreement that is in form reasonably acceptable to Tenant, provided the holder of such mortgage(s) agrees that so long as Tenant is not in default under this Lease beyond any applicable cure period, Tenant shall not be disturbed in its quiet enjoyment of the Premises pursuant to the terms of this Lease. Landlord shall use its best efforts to deliver a non-disturbance agreement from any lenders holding mortgages on the Premises of any Facility, or any portion thereof, in a form reasonably acceptable to Tenant.
(c) Upon request by Landlord, Tenant agrees to promptly enter into and deliver to Landlord such written instruments in reasonable form reasonably acceptable to Landlord and its mortgagee which confirm the above subordination and effect the above attornment.
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