Common use of ESTOPPEL CERTIFICATE AND SUBORDINATION Clause in Contracts

ESTOPPEL CERTIFICATE AND SUBORDINATION. 1. Tenant shall, without charge, at any time and from time to time hereafter, within fifteen (15) days after written request of Landlord, certify by written instrument duly executed and acknowledged to any mortgagee or purchaser, or proposed mortgagee or proposed purchaser, or any other person, firm or corporation specified in such request: (a) as to whether this Lease has been supplemented or amended, and if so, the substance and manner of such supplement or amendment; (b) as to the validity and force and effect of this Lease in accordance with its tenor as then constituted; (c) as to the existence of any default thereunder; (d) as to the existence of any offsets, counterclaims or defenses thereto; (e) as to the commencement and expiration dates of the term of this Lease; and (f) as to any other matters as may reasonably be so requested. Any such certificate may be relied upon by the party requesting it and any other person, firm or corporation to whom the same may be exhibited or delivered, and the contents of such certificate shall be binding on Tenant. 2. This Lease shall, at the option of Mortgagee or the holder or holders of any mortgage or mortgages now or hereafter placed upon the Leased Premises, be subject and subordinate to the lien of any such mortgage or mortgages, and Tenant covenants and agrees to execute and deliver upon demand such further instruments subordinating this Lease, in accordance with the foregoing, to the lien of any such mortgage or mortgages as shall be requested by Landlord, or Mortgagee, if any, or any proposed mortgagees, provided any such mortgagees shall agree to recognize the rights of Tenant under this Lease in the event of foreclosure if Tenant is not in default. In the event (i) of any proceedings brought for the foreclosure of any mortgage or mortgages now or hereafter placed upon the Leased Premises, or (ii) of the exercise of the power of sale under any such mortgage or mortgages, Tenant shall, at the option of the purchaser under such proceedings or power of sale, attorn to such purchaser as Landlord under this Lease. 3. Failure of Tenant to execute the instruments set forth in Paragraphs 1 and 2 above within fifteen (15) days upon written request so to do by Landlord shall constitute a breach of this Lease and Landlord may, at its option, cancel this Lease and terminate Tenant's interest therein. Further, Tenant hereby irrevocably appoints Landlord the attorney-in-fact for Tenant to execute and deliver any such instrument or instruments for and in the name of Tenant.

ESTOPPEL CERTIFICATE AND SUBORDINATION. 1. Tenant shall, without charge, at any time and from time to time hereafterLandlord agree, within fifteen (15) business days after written request of Landlordtherefor by the other party, certify by written instrument duly executed to execute, in recordable form and acknowledged deliver to any mortgagee or purchaserthe other party a statement, or proposed mortgagee or proposed purchaserin writing, or any other person, firm or corporation specified in certifying (if such request: be the case) (a) as to whether that this Lease has been supplemented or amendedis in full force and effect, and if so, the substance and manner of such supplement or amendment; (b) as to the validity and force and effect date of this Lease in accordance with its tenor as then constituted; (c) as to the existence of any default thereunder; (d) as to the existence of any offsets, counterclaims or defenses thereto; (e) as to the commencement and expiration dates of the term of this Lease; , (c) that rent is paid currently without any off-set or defense thereto, (d) the amount of rent, if any, paid in advance, (e) that there are no uncured defaults by the other party or, if such defaults are claimed, stating the facts giving rise thereto, and (f) as to any other similar matters as may be reasonably be so requestedrequested by the other party, or its mortgagees or prospective mortgagees. Any such certificate may be relied upon by the party requesting it and any other person, firm or corporation to whom the same may be exhibited or delivered, and the contents of such certificate shall be binding on Tenantthe party signing. 2. This Tenant agrees that this Lease shall, at the option request of Mortgagee the Landlord, be subordinate to any mortgages or the holder or holders deeds of any mortgage or mortgages now or trust that may hereafter be placed upon the Leased Premises, said premises by Landlord and to any and all advances to be subject made thereunder and subordinate to the lien of any such mortgage or mortgagesinterest thereon and all modifications, renewals, replacements and Tenant covenants and agrees to execute and deliver upon demand such further instruments subordinating this Lease, in accordance with the foregoing, to the lien of any such mortgage or mortgages as shall be requested by Landlord, or Mortgagee, if any, or any proposed mortgageesextensions thereof, provided any such mortgagees that the mortgagee or trustee named in said mortgages or trust deeds shall agree to recognize the rights of Tenant under this Lease in the event of foreclosure if Tenant is not in default. In the event (i) of any proceedings brought for the foreclosure of any mortgage or mortgages now or hereafter placed upon the Leased Premises, or (ii) of the exercise of the power of sale under any Tenant shall execute and deliver on request such mortgage or mortgages, Tenant shall, at the option of the purchaser under such proceedings or power of sale, attorn further instruments with respect to such purchaser subordination as Landlord under this Leaseor its mortgagees may require. 3. Any subordination of this Lease to a ground lease, master lease, or deed of trust is conditioned upon the party to such document agreeing not to disturb Tenant so long as Tenant is not in default beyond all applicable notice and cure periods. 4. Failure of the Tenant to execute any of the instruments set forth in Paragraphs 1 and 2 above instruments, within fifteen twenty (1520) days upon written request so to do by Landlord Landlord, shall constitute a breach of this Lease and the Landlord may, at its option, cancel this Lease and terminate the Tenant's ’s interest therein. Furthertherein after providing Tenant with written notice and one (1) five (5) day cure period, Tenant hereby irrevocably appoints in addition to any other rights and remedies Landlord the attorney-in-fact for Tenant to execute and deliver any such instrument or instruments for and in the name of Tenantmay have.

ESTOPPEL CERTIFICATE AND SUBORDINATION. 1. Tenant shall, without charge, at any time and from time to time hereafter, within fifteen ten (1510) days after written request of Landlord, certify by written instrument duly executed and acknowledged to any mortgagee or purchaser, or proposed mortgagee or proposed purchaser, or any other person, firm or corporation specified in such request: (a) as to whether this Lease has been supplemented or amended, and if so, the substance and manner of such supplement or amendment; (b) as to the validity and force and effect of this Lease in accordance with its tenor as then constituted; (c) as to the existence of any default thereunder; (d) as to the existence of any offsets, counterclaims or defenses thereto; (e) as to the commencement and expiration dates of the term of this Lease; and (f) as to any other matters as may reasonably be so requested. Any such certificate may be relied upon by the party requesting it and any other person, firm or corporation to whom the same may be exhibited or delivered, and the contents of such certificate shall be binding on Tenant. 2. This Lease shall, at the option of Mortgagee or the holder or holders of any mortgage or mortgages now or hereafter placed upon the Leased Premises, be subject and subordinate to the lien of any such mortgage or mortgages, and Tenant covenants and agrees to execute and deliver upon demand such further instruments subordinating this Lease, in accordance with the foregoing, to the lien of any such mortgage or mortgages as shall be requested by Landlord, or Mortgagee, if any, or any proposed mortgagees, provided any such mortgagees shall agree to recognize the rights of Tenant under this Lease in the event of foreclosure if Tenant is not in default. In the event (i) of any proceedings brought for the foreclosure of any mortgage or mortgages now or hereafter placed upon the Leased Premises, or (ii) of the exercise of the power of sale under any such mortgage or mortgages, Tenant shall, at the option of the purchaser under such proceedings or power of sale, attorn to such purchaser as Landlord under this Lease. 3. Failure of Tenant to execute the instruments set forth in Paragraphs Paragraph 1 and 2 above within fifteen ten (1510) days upon written request so to do by Landlord shall constitute a breach of this Lease and Landlord may, at its option, cancel this Lease and terminate Tenant's interest therein. Further, Tenant hereby irrevocably appoints Landlord the attorney-in-fact for Tenant to execute and deliver any such instrument or instruments for and in the name of Tenant. 4. In the event of (i) any proceedings brought for the foreclosure of any mortgage or mortgages now or hereafter placed upon the Leased Premises, or (ii) the exercise of the power of sale under any such mortgage or mortgages, Tenant shall, at the option of the purchaser under such proceedings or power of sale, attorn to such purchaser as Landlord under this Lease.

ESTOPPEL CERTIFICATE AND SUBORDINATION. 1. Tenant shall, without charge, at any time and from time to time hereafter, within fifteen ten (1510) days after written request of by Landlord, certify by written instrument duly executed and acknowledged in writing to any mortgagee or purchaser, or proposed mortgagee or proposed purchaser, or any other person, firm or corporation specified in such request: (a) as to whether this Lease has been supplemented or amended, and if so, the substance and manner of such supplement or amendment; (b) as to the validity and force and effect of this Lease in accordance with its tenor as then constitutedLease; (c) as to the existence of any default thereunderhereunder; (d) as to the existence of any offsets, counterclaims or defenses theretohereto; (e) as to the commencement and expiration dates of the term of this Lease; and (f) as to any other matters as may reasonably be so requested. Any such certificate may be relied upon by the party requesting it it. Tenant hereby irrevocably appoints Landlord as its attorney-in-fact to execute and deliver any other person, firm or corporation to whom such instrument(s) for and in the same may be exhibited or delivered, and the contents name of such certificate shall be binding on Tenant. 2. This Lease shall, at shall be subject and subordinate to the option of Mortgagee or the holder or holders lien of any mortgage or mortgages now or hereafter placed upon the Leased Premises, be subject and subordinate to at the lien option of the holder of any such mortgage or mortgages, and mortgage. Tenant covenants and agrees to will execute and deliver upon demand such further instruments subordinating this Lease, in accordance with the foregoing, to the lien of any such mortgage or mortgages foregoing as shall be are requested by Landlord, or Mortgageeany proposed mortgagee, if any, or any proposed mortgagees, provided any such mortgagees shall agree mortgagee agrees to recognize the rights of Tenant under this Lease in the event of foreclosure if Tenant is not in default. In the event (i) of any proceedings brought for the foreclosure of If any mortgage or mortgages now or hereafter placed upon the Leased Premises, or (ii) of the exercise of the power of sale under any such mortgage or mortgagesforeclosure proceedings are brought, Tenant shall, at the option of the purchaser under such proceedings or power of sale, attorn to such purchaser as Landlord under this Lease. 3. Failure of Tenant to execute the instruments set forth in Paragraphs 1 and 2 above within fifteen (15) days upon written request so to do by Landlord shall constitute a breach of this Lease and Landlord may, at its option, cancel this Lease and terminate Tenant's interest therein. Further, Tenant hereby irrevocably appoints Landlord the attorney-in-fact for Tenant to execute and deliver any such instrument or instruments instrument(s) for and in the name of Tenant.