Estoppel Certificate Attornment and Subordination. 22.1 Within ten (10) days after request by Lessor, Lessee shall deliver to Lessor a written and acknowledged statement certifying that Lessee has accepted possession of the Demised Premises, that this Lease is unmodified and in full force and effect or if there have been modifications, that the same is in full force and effect as modified and stating the modifications, and the dates to which the rent and other charges have been paid in advance, if any, and any other factual representations Lessor may request, it being intended that any such statement may be relied upon by any prospective purchaser or mortgagee of the fee or the Building or any other legal estates of which the Demised Premises form a part. 22.2 Upon request of Lessor, the holder of any mortgage on the Building or the Property or the purchaser of the Building or the Property at any foreclosure of any mortgage encumbering the Building or the Property, Lessee shall attorn to such purchaser or holder or upon any such foreclosure sale, recognize such purchaser or holder as Lessor under this Lease and execute any and all documents or instruments which may by reasonably requested by the purchaser or holder. LANDLORD INITIALS ------ TENANT INITIALS ------ 9 22.3 Any purchaser at a foreclosure sale or grantee of a deed in lieu of foreclosure (collectively a "Successor Lessor") shall not be subject to any claim, defense or offset valid against any prior lessor, nor shall any Successor Lessor be liable for any act or omission of any prior Lessor, nor any prepaid rent or Additional Rent, nor any security deposit, nor any prepaid charge not actually received by such Successor Lessor, nor shall a Successor Lessor be bound by any amendment or modification of this Lease made without its written consent. 22.4 This Lease and Lessee's rights hereunder are and shall always be subject and subordinate to the lien of any mortgage or mortgages now or hereafter placed upon the Building or Property, and to all advances hereafter made from time to time thereunder. Lessor and Lessee agree that this Lease be and hereby is made subject and subordinate at all times to all ground and underlying Leases, which may now or hereinafter affect the Building. The term "mortgages" as used herein shall be deemed to include trust indentures and deeds of trust and includes all renewals, modifications, consolidations, participations, replacements and extensions thereof. 22.5 The aforesaid provisions shall be self-operative and no further instrument of subordination shall be required by any such lessor or mortgagee. If Lessor or any lessor under any ground lease or any mortgagee desires confirmation of such subordination, Lessee shall execute promptly any certificate that Lessor may request. 22.6 Lessee, upon request of any party in interest, shall execute promptly such instruments or certificates to carry out the intent of Article 22.1, 22.2, 22.3 and 22.5 above. Lessee hereby irrevocably appoints Lessor as attorney-in- fact for Lessee with full power and authority to execute and deliver in the name of Lessee any such instruments or certificates. 22.7 This Lease shall not be recorded without the prior written consent of Lessor.
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Estoppel Certificate Attornment and Subordination. 22.1 Within ten This Lease is subject and subordinate to each and every ground or underlying lease heretofore or hereafter made by Lessor (10all of the foregoing collectively being the "Superior Leases") days after request by Lessor, Lessee shall deliver and. to Lessor a written each and acknowledged statement certifying that Lessee has accepted possession of every trust indenture and mortgage (collectively the "Mortgages") which may now or hereafter affect the Demised Premises, that this Lease is unmodified and in full force and effect or if there have been modifications, that the same is in full force and effect as modified and stating the modifications, and the dates to which the rent and other charges have been paid in advance, if any, and any other factual representations Lessor may request, it being intended that any such statement may be relied upon by any prospective purchaser or mortgagee of the fee or the Building or any other legal estates of which the Demised Premises form a part.
22.2 Upon request of Lessor, the holder of any mortgage on the Building or the Property or the purchaser of the Building or the Property at any foreclosure of any mortgage encumbering the Building or the Property, Lessee shall attorn to such purchaser or holder or upon any such foreclosure sale, recognize such purchaser or holder as Lessor under this Lease and execute any and all documents or instruments which may by reasonably requested by the purchaser or holder. LANDLORD INITIALS ------ TENANT INITIALS ------ 9
22.3 Any purchaser at a foreclosure sale or grantee of a deed in lieu of foreclosure (collectively a "Successor Lessor") shall not be subject to any claim, defense or offset valid against any prior lessor, nor shall any Successor Lessor be liable for any act or omission of any prior Lessor, nor any prepaid rent or Additional Rent, nor any security deposit, nor any prepaid charge not actually received by such Successor Lessor, nor shall a Successor Lessor be bound by any amendment or modification of this Lease made without its written consent.
22.4 This Lease and Lessee's rights hereunder are and shall always be subject and subordinate to the lien of any mortgage or mortgages now or hereafter placed upon the Building or Property, and to all advances hereafter made from time to time thereunder. Lessor and Lessee agree that this Lease be and hereby is made subject and subordinate at all times to all ground and underlying Leasesrenewals, which may now or hereinafter affect the Building. The term "mortgages" as used herein shall be deemed to include trust indentures and deeds of trust and includes all renewalsextensions, supplements, amendments, modifications, consolidationsconsolidations and replacements thereof or thereto, participationssubstitutions therefor, replacements and extensions thereof.
22.5 The aforesaid provisions advances made! thereunder. This clause shall be self-operative and no further instrument of subordination shall be required by any such lessor or mortgagee. If Lessor or to make the interest of any lessor under any ground lease a Superior Lease, or any trustee or mortgagee desires of a Mortgage. In confirmation of such subordination, however, Lessee shall execute promptly any certificate with respect thereto that Lessor may request.
22.6 Lessee, upon request of any party in interest, shall execute promptly such instruments or certificates to carry out the intent of Article 22.1, 22.2, 22.3 and 22.5 above. Lessee hereby irrevocably constitutes and appoints Lessor as Lessee's attorney-in- in-fact to execute any such certificate or certificates for Lessee with full power and authority on behalf of Lessee. However, should any lessor under such Superior Lease or any mortgagee under any such Mortgage request that this Lease be made superior, rather than subordinate, to any such Superior Lease and/or Mortgage, then Lessee, within ten (10) days following Lessor's written request therefor, agrees to execute and deliver deliver, without charge, any and all documents (in form acceptable to Lessor and such lessors or mortgagees) effectuating such priority. Lessee covenants and agrees that, except as expressly provided herein, neither Lessor nor Lessee shall do anything that would constitute a default under any Superior Lease or Mortgage, or omit to do anything that Lessee is obligated to do under the terms of this Lease so as to cause Lessor to be in default under any Of the foregoing.
22.2 Without limiting the generality of the foregoing, it is understood and agreed that in the name event of Lessee any such instruments conflict between the provisions of this Lease and the provisions of any document (collectively, the "Bond Documents") evidencing or certificatessecuring the $1,736,000 Broward County, Florida Industrial Development Revenue Bonds (Prestige Cosmetics Project), Series 1994 for the benefit of Broward County, Florida and/or First National Bank of Florida as Trustee and/or First Union National Bank of Florida, the Bond Documents shall govern and control.
22.7 This 22.3 From time to time, within seven (7) days next following Lessor's request, Lessee shall deliver to Lessor a written statement executed and acknowledged by Lessee, in form satisfactory to Lessor, (a) stating that this Lease shall is then in full force and effect and has not been modified (or if modified, setting forth all modifications), (b) setting forth the date to which the Minimum Rent, additional rent and other charges hereunder have been paid, (c) stating whether or not, to the best knowledge of Lessee, Lessor is in default under this Lease, and, if Lessor is in default, setting forth the specific nature of all such defaults, (d) certifying that construction of the Demised Premises has been completed, (e) certifying that Lessee has accepted possession of the Demised Premises, and (f) as to any other matter reasonably requested by Lessor. Lessee acknowledges that any statement delivered pursuant to this Section 22.2 may be relied upon by any purchaser or owner of the Demised Premises, or by any mortgages of a Mortgage, or by any lessor under any superior Lease.
22.4 Neither this Lease nor any notice thereof may recorded in any public records without the prior written consent of Lessor. Upon the request of Lessor, Lessee agrees to execute a short form of this Lease which nay be recorded in Lessor's sole discretion.
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Estoppel Certificate Attornment and Subordination. 22.1 A. Within ten (10) days after the request by LessorLandlord, Lessee Tenant shall deliver to Lessor Landlord a written and acknowledged statement certifying that Lessee Tenant has accepted possession of the Demised Premisesdemised premises, that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is are in full force and effect as modified and stating the modifications), and the dates to which the rent Base Rent and other charges or deposits have been paid in advance, if any, and any other factual representations Lessor may request, it being paid. It is intended that any such statement delivered pursuant to this Section may be relied upon by any prospective purchaser or mortgagee of the fee or realty comprising the Building or any other legal estates of which the Demised Premises form a partcenter.
22.2 B. Upon request of LessorLandlord, Tenant shall, in the holder event any proceedings are brought for the foreclosure of or in the event of exercise of the power of sale under any mortgage on executed by Landlord covering the Building or the Property or demised premises, attorn to the purchaser of the Building or the Property at any foreclosure of any mortgage encumbering the Building or the Property, Lessee shall attorn to such purchaser or holder or upon any such foreclosure sale, or sale and recognize such purchaser or holder as Lessor Landlord under this Lease and execute any and all documents or instruments which may by reasonably requested by the purchaser or holder. LANDLORD INITIALS ------ TENANT INITIALS ------ 9
22.3 Any purchaser at a foreclosure sale or grantee of a deed in lieu of foreclosure (collectively a "Successor Lessor") shall not be subject to any claim, defense or offset valid against any prior lessor, nor shall any Successor Lessor be liable for any act or omission of any prior Lessor, nor any prepaid rent or Additional Rent, nor any security deposit, nor any prepaid charge not actually received by such Successor Lessor, nor shall a Successor Lessor be bound by any amendment or modification of this Lease made without its written consentLease.
22.4 This Lease and LesseeC. Upon request of Landlord, Tenant covenants that it shall, in writing, within ten (10) days of its receipt of such request, furnish any documents required by landlord or its Lender to subordinate Tenant's rights hereunder are and shall always be subject and subordinate to any subsequent ground lease(s) or to the lien of any future mortgage or mortgages by Landlord, or the lien resulting from any other method of financing or refinancing, now or hereafter in force against the land and/or buildings of which the demised premises are a part or against any buildings hereafter placed upon the Building land of which the demised premises are a part or Propertyagainst any buildings hereafter placed upon the land of which the demised premises are a part, and to all advances hereafter made from time or thereafter to time thereunder. Lessor and Lessee agree that this Lease be and hereby is made subject and subordinate at all times to all ground and underlying Leases, which may now or hereinafter affect upon the Building. The term "mortgages" as used herein shall be deemed to include trust indentures and deeds of trust and includes all renewals, modifications, consolidations, participations, replacements and extensions security thereof.
22.5 The aforesaid provisions shall be self-operative and no further instrument of subordination shall be required by any such lessor or mortgagee. If Lessor or any lessor under any ground lease or any mortgagee desires confirmation of such subordination, Lessee shall execute promptly any certificate that Lessor may request.
22.6 LesseeD. Tenant, upon request of any party in interest, shall execute promptly such instruments or certificates to carry out the intent of Article 22.1or confirm its obligations under Paragraphs A, 22.2, 22.3 B and 22.5 C above. Lessee Tenant hereby irrevocably appoints Lessor Landlord as attorney-in- in-fact for Lessee Tenant with full power and authority to execute and deliver in the name of Lessee any Tenant such instruments or certificates.
22.7 E. This Lease lease shall not be recorded without the prior written consent of LessorLandlord. Upon the request of Landlord, Tenant shall execute a short form of this lease which may be recorded at Landlord's sole discretion.
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Estoppel Certificate Attornment and Subordination. 22.1 1. Within ten (10) days after the request by Lessor, Lessee shall deliver to Lessor a written and acknowledged statement in favor of Lessor or any prospective purchaser or mortgagee of the Shopping Center or any other part thereof certifying (a) that Lessee is the tenant under this Lease; (b) that Lessor has completed construction of the Demised Premises (or if Lessor has not completed construction of the Demised Premises, then stating the construction items to be completed by Lessor); (c) that all contributions, if any, required by Lessor for improvements to the Demised Premises have been paid in full to Lessee (or if such contributions, if any, have not been paid in full to Lessee, then stating the amount of contribution remaining to be paid to Lessee); (d) that Lessee has accepted possession of and now occupies the Demised Premises; (e) the Commencement Date and the date on which the Term of this Lease expires; (f) that no default exists under this Lease (or if defaults exist, then specifically stating such defaults); (g) that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications); (h) that Lessee's interest under this Lease has not been assigned or encumbered, and the Demised Premises have not been sublet (or if there have been assignments or encumbrances or the Demised Premises have been sublet, then stating such assignments, encumbrances or subleases and providing copies of all documents relevant thereto)- (i) the amount of Minimum Rent and all items of additional rent payable under this Lease and the dates to which the Minimum Rent and all items of additional rent and other charges payable under this Lease have been paid in advancepaid; j) that Lessee is not entitled to any credit, if any, offset or deduction against any Minimum Rent and any item of additional rent due under this Lease (or if Lessee is entitled to a credit, offset or deduction, then stating the amount of such credit, offset or deduction); (k) that Lessee does not have any options or rights to renew or cancel this Lease (or if Lessee shall have options or rights to renew or cancel this Lease, then stating such options or rights); (1) that there are no actions, whether voluntary or otherwise, pending against Lessee under the bankruptcy or insolvency laws of the United States or any state thereof (or if there are actions pending against Lessee under bankruptcy or insolvency laws of the United State or any state thereof, then stating such actions); and (m) such other factual representations matters or information as Lessor may requestreasonably require, it being intended that any such statement delivered pursuant to this Article may be relied upon by Lessor or any prospective purchaser or mortgagee of the fee or the Building Lessor's Parcel or any other legal estates of which the Demised Premises form a partpart thereof.
22.2 2. Upon request of Lessor, Lessee shall, in the holder event any proceedings are brought for the foreclosure of, or in the event of exercise of the power of sale under any mortgage on made by Lessor covering the Building or the Property or Demised Premises, attorney to the purchaser of the Building or the Property at any foreclosure of any mortgage encumbering the Building or the Property, Lessee shall attorn to such purchaser or holder or upon any such foreclosure sale, or sale and recognize such purchaser or holder as Lessor under this Lease and execute any and all documents or instruments which may by reasonably requested by the purchaser or holderLease.
3. LANDLORD INITIALS ------ TENANT INITIALS ------ 9
22.3 Any purchaser at a foreclosure sale or grantee Upon request of a deed Lessor, Lessee shall, in lieu of foreclosure (collectively a "Successor Lessor") shall not be subject writing, subordinate its rights hereunder to any claim, defense ground leases or offset valid against any prior lessor, nor shall any Successor Lessor be liable for any act or omission of any prior Lessor, nor any prepaid rent or Additional Rent, nor any security deposit, nor any prepaid charge not actually received by such Successor Lessor, nor shall a Successor Lessor be bound by any amendment or modification of this Lease made without its written consent.
22.4 This Lease and Lessee's rights hereunder are and shall always be subject and subordinate to the lien of any mortgage or mortgages mortgages, or the lien resulting from any other method or financing or refinancing, now or hereafter in force against the Shopping Center, or any portion thereof of which the Demised Premises are a part, or against any building hereafter placed upon the Building or PropertyShopping Center by which the Demised Premises are a part, and to all advances hereafter made from time to time thereunder. Lessor and Lessee agree that this Lease be and hereby is made subject and subordinate at all times to all ground and underlying Leases, which may now or hereinafter affect to be made upon the Building. The term "mortgages" as used herein shall be deemed to include trust indentures and deeds of trust and includes all renewals, modifications, consolidations, participations, replacements and extensions security thereof.
22.5 The aforesaid provisions shall be self-operative and no further instrument of subordination shall be required by any such lessor or mortgagee4. If Lessor or any lessor under any ground lease or any mortgagee desires confirmation of such subordination, Lessee shall execute promptly any certificate that Lessor may request.
22.6 Lessee, upon request of any party in interest, shall execute promptly such instruments or certificates to carry out the intent of Article 22.1Paragraphs 1, 22.2, 22.3 2 and 22.5 3 above. Lessee hereby irrevocably appoints Lessor as attorney-in- in-fact for Lessee with full power and authority to execute and deliver in the name of Lessee any such instruments or certificates.
22.7 5. This Lease shall not be recorded without the prior written consent of Lessor and if Lessee records this Lease without Lessor's consent, then Lessee shall be deemed in default of this Lease. Upon the request of Lessor, Lessee shall execute a short form of this Lease which may be recorded in Lessor's sole discretion.
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Estoppel Certificate Attornment and Subordination. 22.1 Within Tenant agrees, within ten (10) days after request by LessorLandlord, Lessee shall to execute in recordable form and deliver to Lessor Landlord, or any person designated by Landlord, a written and acknowledged statement certifying that Lessee has accepted possession of the Demised Premisescertifying, if appropriate, (a) that this Lease is unmodified and in full force and effect or if there have been modificationseffect, (b) the Commencement Date, (c) that the same is in full force and effect as modified and stating the modifications, and the dates to which the rent and all other charges have been due to Landlord from Tenant are paid currently without any off-set or defense thereto, (d) the amount of rent, if any, paid in advance, (e) whether the Lease has been modified and, if anyso, identifying the modifications, (f) that there are no uncured defaults by Landlord or stating those claimed by Tenant, provided that, in fact, such facts are accurate and ascertainable, and any (g) such other factual representations Lessor may request, it being intended that any such statement may be relied upon by any prospective purchaser or mortgagee matters pertaining to this Lease and Tenant's occupancy of the fee or the Building or any other legal estates of which the Demised Premises form a part.
22.2 Upon request of Lessoras Landlord may request. If any proceedings are brought for the foreclosure of, or in the holder of any mortgage on the Building or the Property or the purchaser event of the Building or the Property at any foreclosure of any mortgage encumbering the Building or the Property, Lessee shall attorn to such purchaser or holder or upon any such foreclosure sale, recognize such purchaser or holder as Lessor under this Lease and execute any and all documents or instruments which may conveyance by reasonably requested by the purchaser or holder. LANDLORD INITIALS ------ TENANT INITIALS ------ 9
22.3 Any purchaser at a foreclosure sale or grantee of a deed in lieu of foreclosure (collectively a "Successor Lessor") of, or in the event of exercise of the power of sale under any mortgage made by Landlord covering the Demised Premises, Tenant hereby attorns to, and covenants and agrees to execute an instrument in writing reasonably satisfactory to the new owner whereby Tenant attorns to such successor in interest as the Landlord under this Lease. Tenant agrees that this Lease shall not at the request of the Landlord, be subject subordinate to any claim, defense first mortgages or offset valid against any prior lessor, nor shall any Successor Lessor be liable for any act or omission deeds of any prior Lessor, nor any prepaid rent or Additional Rent, nor any security deposit, nor any prepaid charge not actually received trust that may hereafter by such Successor Lessor, nor shall a Successor Lessor be bound by any amendment or modification of this Lease made without its written consent.
22.4 This Lease and Lessee's rights hereunder are and shall always be subject and subordinate to the lien of any mortgage or mortgages now or hereafter placed upon the Building or PropertyProject and to any and all advances to be made thereunder, and to all advances hereafter made from time to time thereunder. Lessor the interest thereon, and Lessee agree that this Lease be and hereby is made subject and subordinate at all times to all ground and underlying Leases, which may now or hereinafter affect the Building. The term "mortgages" as used herein shall be deemed to include trust indentures and deeds of trust and includes all renewals, modifications, consolidations, participations, replacements and extensions thereof.
22.5 The aforesaid provisions thereof provided the mortgagee named in said mortgages shall agree to recognize this Lease and execute a non disturbance agreement guaranteeing Tenant's rights to quiet enjoyment of the Demised Premises in the event of foreclosure if Tenant is not in default. Tenant also agrees that any mortgagee may elect to have this Lease a prior lien to its mortgage, and in the event of such election and upon notification by such mortgagee to Tenant to that effect, this Lease shall be self-operative and no further instrument deemed prior to lien to the said mortgage, whether this Lease is dated prior to or subsequent to the date of subordination said mortgage. Tenant agrees, that upon the request of Landlord, or any mortgagee, it shall execute whatever instruments may be required by any such lessor or mortgagee. If Lessor or any lessor under any ground lease or any mortgagee desires confirmation of such subordination, Lessee shall execute promptly any certificate that Lessor may request.
22.6 Lessee, upon request of any party in interest, shall execute promptly such instruments or certificates to carry out the intent of Article 22.1, 22.2, 22.3 and 22.5 abovethis Section. Lessee hereby irrevocably appoints Lessor as attorney-in- fact for Lessee with full power and authority Failure of Tenant to execute any statement or instrument necessary or desirable to effectuate the foregoing provisions of this Section within twenty (20) days after written request to do so by Landlord shall constitute default of this Lease, and deliver Landlord shall be entitled to exercise any and all remedies available to it hereunder for such default. In addition, Tenant hereby appoints Landlord as Tenant’s attorney in the name of Lessee any fact to execute such instruments estoppel certificate and/ or certificatesSubordination and Nondisturbance Agreement upon Tenant’s failure to do so within such twenty (20) period.
22.7 This Lease shall not be recorded without the prior written consent of Lessor.
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Estoppel Certificate Attornment and Subordination. 22.1 21.1. Within ten (10) days after the request by LessorLandlord, Lessee Tenant shall deliver to Lessor Landlord a written and acknowledged statement in favor of Landlord or any prospective purchaser or mortgagee of Landlord's Parcel or any other part thereof certifying (a) that Lessee Tenant is the tenant under this Lease; (b) that Landlord has completed construction of the Premises (or if Landlord has not completed construction of the Premises, then stating the construction items to be completed by Landlord); (c) that all contributions, if any, required by Landlord for improvements to the Premises have been paid in full to Tenant (or if such contributions, if any, have not been paid in full to Tenant, then stating the amount of contribution remaining to be paid to Tenant); (d) that Tenant has accepted possession of and, if true, now occupies the Demised Premises; (e) the date on which the Term commenced, the date on which the Effective Date occurred and the date on which the Term expires; (f) that no defaults exist under this Lease on the part of Tenant, or, to the knowledge of Tenant, on the part of Landlord (or if defaults exist, then specifically stating such defaults); (g) that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications); (h) that Tenant's interest under this Lease has not been assigned or encumbered, and the Premises have not been sublet (or if there have been assignments or encumbrances or the Premises have been sublet, then stating such assignments, encumbrances or subleases and providing copies of all documents relevant thereto); (i) the amount of Minimum Rent and all items of additional rent payable under this Lease and the dates to which the any Minimum Rent and all items of additional rent and other charges payable under this Lease have been paid in advancepaid; (j) that Tenant is not entitled to any credit, if any, offset or deduction against any Minimum Rent and any item of additional rent due under this Lease (or if Tenant is entitled to a credit, offset or deduction, then stating the amount of such credit, offset or deduction and the basis therefor); (k) that Tenant does not have any options or rights to renew or cancel this Lease (or if Tenant shall have options or rights to renew or cancel this Lease, then stating such options or rights); (l) that there are no actions, whether voluntary or otherwise, pending against Tenant under the bankruptcy or insolvency laws of the United States or any state thereof (or if there are actions pending against Tenant under bankruptcy or insolvency laws of the United States or any state thereof, then stating such actions); and (m) such other factual representations Lessor matters or information as Landlord may requestreasonably require, it being intended that any such statement delivered pursuant to this Article may be relied upon by Landlord or any prospective purchaser or mortgagee of the fee or the Building Landlord's Parcel, any part thereof or any other legal estates of which the Demised Premises form a partinterest therein, direct or indirect.
22.2 Upon request 21.2. Tenant shall, in the event any proceedings are brought for the foreclosure of, or in the event of Lessorexercise of the power of sale under any mortgage made by Landlord covering the Premises, attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as Landlord under this Lease, whether this Lease is subordinate to said mortgage or said mortgage is subordinate to this Lease. In such event, the purchaser shall not be liable for any previous act or omission by Landlord under this Lease or bound by any previous prepayments of Minimum Rent or items of additional rent for a period greater than thirty (30) days.
21.3. Tenant shall promptly execute and deliver such instrument that Landlord or the holder of any mortgage on the Building Superior Lease (as hereinafter defined) or the Property or the purchaser of the Building or the Property at any foreclosure of any mortgage encumbering the Building or the Property, Lessee shall attorn Superior Mortgage (as hereinafter defined) requests to such purchaser or holder or upon any such foreclosure sale, recognize such purchaser or holder as Lessor under evidence that this Lease and execute any and all documents or instruments which may by reasonably requested by the purchaser or holder. LANDLORD INITIALS ------ TENANT INITIALS ------ 9
22.3 Any purchaser at a foreclosure sale or grantee rights of a deed in lieu of foreclosure (collectively a "Successor Lessor") shall not be subject to any claim, defense or offset valid against any prior lessor, nor shall any Successor Lessor be liable for any act or omission of any prior Lessor, nor any prepaid rent or Additional Rent, nor any security deposit, nor any prepaid charge not actually received by such Successor Lessor, nor shall a Successor Lessor be bound by any amendment or modification of this Lease made without its written consent.
22.4 This Lease and Lessee's rights Tenant hereunder are and shall always be subject and subordinate in all respects to (a) all present and future ground leases of the lien Landlord's Parcel, or any portion thereof of any mortgage or mortgages now or hereafter placed upon which the Building or Property, Premises is a part and to all advances hereafter made from time to time thereunder. Lessor and Lessee agree that this Lease be and hereby is made subject and subordinate at all times to all ground and underlying Leases, which may now or hereinafter affect the Building. The term "mortgages" as used herein shall be deemed to include trust indentures and deeds of trust and includes all renewals, modifications, consolidationsreplacements, participationssupplements, replacements substitutions and extensions thereof.
22.5 , hereinafter collectively referred to as "Superior Lease" and (b) all mortgages or other methods of financing which may now or hereafter encumber Landlord's interest in the Landlord's Parcel or any portion thereof of which the Premises is a part and all renewals, modifications, replacements, supplements, substitutions and extensions thereof and all advances made or to be made thereunder hereinafter collectively referred to as "Superior Mortgage". The aforesaid foregoing provisions shall be self-operative and no further instrument of subordination shall be required by any such lessor or mortgageerequired. If Lessor or any lessor under any ground lease or any mortgagee desires However, in confirmation of such subordination. Notwithstanding anything contained in Section 21.3 of the Lease to the contrary, Lessee Tenant's obligation to subordinate the Lease and its rights hereunder to the lien and rights of any Superior Mortgage or Superior Lease is subject to such mortgage holder or lessor agreeing, in writing, in form and content reasonably satisfactory to Tenant, not to disturb Tenant and its possession of the Premises so long as there is no uncured Event of Default by Tenant under the Lease. Landlord will obtain, within thirty (30) days after the date hereof, a nondisturbance agreement from the holder of any current Superior Mortgage, and the lessor under any current Superior Lease, the form or forms of which shall execute promptly be furnished by Tenant and shall be reasonably satisfactory to the holder of any certificate that Lessor may requestsuch Superior Mortgage or Superior Lease. Notwithstanding the foregoing provisions, Landlord's lender shall have the right to subordinate or cause to be subordinated the lien of any mortgage or mortgages, or the lien resulting from any other method of financing or refinancing, now or hereafter in force against Landlord's Parcel, or any portion thereof of which the Premises is a part, or against any buildings hereafter placed upon Landlord's Parcel of which the Premises is a part, to this Lease, hereinafter referred to as "Subordinate Mortgage". In such event, this Lease shall not be subordinate to the lien of any other mortgage or mortgages, or the lien resulting from any other method of financing or refinancing so long as said Subordinate Mortgage is a lien.
22.6 Lessee, upon request of any party in interest, shall execute promptly such instruments or certificates to carry out the intent of Article 22.1, 22.2, 22.3 and 22.5 above21.4. Lessee hereby irrevocably appoints Lessor as attorney-in- fact for Lessee with full power and authority to execute and deliver in the name of Lessee any such instruments or certificates.
22.7 This Lease shall not be recorded without the prior written consent of LessorLandlord and if Tenant records this Lease without Landlord's consent, then Tenant shall be deemed in default of this Lease. Upon the request of Landlord, Tenant shall execute a short form of this Lease which may be recorded in Landlord's sole discretion.
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Estoppel Certificate Attornment and Subordination. 22.1 Within ten (10) days after request by Lessor, Lessee shall Tenant agrees to execute in recordable form and deliver to Lessor a written and acknowledged statement certifying that Lessee has accepted possession Landlord, or any person designated by Landlord, an Estoppel Certificate in the form attached hereto as Exhibit F. If any proceedings are brought for the foreclosure of, or in the event of the Demised Premises, that this Lease is unmodified and in full force and effect or if there have been modifications, that the same is in full force and effect as modified and stating the modifications, and the dates to which the rent and other charges have been paid in advance, if any, and any other factual representations Lessor may request, it being intended that any such statement may be relied upon conveyance by any prospective purchaser or mortgagee of the fee or the Building or any other legal estates of which the Demised Premises form a part.
22.2 Upon request of Lessor, the holder of any mortgage on the Building or the Property or the purchaser of the Building or the Property at any foreclosure of any mortgage encumbering the Building or the Property, Lessee shall attorn to such purchaser or holder or upon any such foreclosure sale, recognize such purchaser or holder as Lessor under this Lease and execute any and all documents or instruments which may by reasonably requested by the purchaser or holder. LANDLORD INITIALS ------ TENANT INITIALS ------ 9
22.3 Any purchaser at a foreclosure sale or grantee of a deed in lieu of foreclosure (collectively a "Successor Lessor") shall not of, or in the event of exercise of the power of sale under any mortgage made by Landlord covering the Leased Premises, Tenant hereby attorns to, and covenants and agrees to execute an instrument in writing reasonably satisfactory to the new owner whereby Tenant attorns to, such successor in interest and recognizes such successor as the Landlord under this Lease. Tenant agrees that this Lease shall, at the request of the Landlord, be subject subordinate to any claim, defense first mortgages or offset valid against any prior lessor, nor shall any Successor Lessor deeds of trust that may hereafter be liable for any act or omission of any prior Lessor, nor any prepaid rent or Additional Rent, nor any security deposit, nor any prepaid charge not actually received by such Successor Lessor, nor shall a Successor Lessor be bound by any amendment or modification of this Lease made without its written consent.
22.4 This Lease and Lessee's rights hereunder are and shall always be subject and subordinate to the lien of any mortgage or mortgages now or hereafter placed upon the Building or Propertyand to any and all advances to be made thereunder, and to all advances hereafter made from time to time thereunder. Lessor the interest thereon, and Lessee agree that this Lease be and hereby is made subject and subordinate at all times to all ground and underlying Leases, which may now or hereinafter affect the Building. The term "mortgages" as used herein shall be deemed to include trust indentures and deeds of trust and includes all renewals, modifications, consolidations, participations, replacements and extensions thereof.
22.5 The aforesaid provisions , provided the mortgagee or trustee named in said mortgages or trust deeds shall agree to recognize the Lease of Tenant in the event of foreclosure if Tenant is not in default. Tenant also agrees that any mortgagee or trustee may elect to have this Lease 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 self-operative and no further instrument deemed prior to lien to the said mortgage or deed of subordination shall be required by any such lessor trust, whether this Lease is dated prior to or mortgageesubsequent to the date of said mortgage or deed of trust. If Lessor or any lessor under any ground lease Tenant agrees, that upon the request of Landlord, or any mortgagee desires confirmation of such subordinationor any trustee, Lessee it shall execute promptly any certificate that Lessor whatever instruments may request.
22.6 Lessee, upon request of any party in interest, shall execute promptly such instruments or certificates be required to carry out the intent of Article 22.1this Paragraph. Failure of Tenant to execute any statement or instrument necessary or desirable to effectuate the foregoing provisions of this Paragraph within ten (10) days' written notice to Tenant by Landlord shall constitute a breach of this Lease by Tenant, 22.2, 22.3 and 22.5 above. Lessee Tenant hereby irrevocably appoints Lessor as Landlord its attorney-in- in-fact for Lessee with full power and authority to execute and deliver in the Tenant's name of Lessee any such instruments statements or certificatesinstruments.
22.7 This Lease shall not be recorded without the prior written consent of Lessor.
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Estoppel Certificate Attornment and Subordination. 22.1 17.1 Within ten (10) days after written request by LessorLandlord, Lessee Tenant shall deliver to Lessor Landlord a written and acknowledged statement certifying that Lessee the Tenant has accepted possession of the Demised Premises, that this Lease is unmodified and in full force and effect or (or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), such other factual matter as may be requested by Landlord, and the dates to which the rent and other charges have been paid in advance, if any, and any other factual representations Lessor may request, it being intended that any such statement delivered pursuant to this Article may be relied upon by any prospective purchaser or mortgagee of the fee or the Building Property or any other legal estates of which the Demised Premises form a partportion thereof.
22.2 17.2 Upon request of LessorLandlord, the holder of any mortgage on the Building Property, or the Property or the any purchaser of the Building or the Property at any foreclosure of any mortgage encumbering the Building or the Property, Lessee Tenant shall attorn to such any purchaser or holder or mortgagee of the Property upon any such foreclosure salesale or mortgage of same, shall recognize such purchaser or holder mortgagee as Lessor Landlord under this Lease Lease, and shall execute any and all documents or instruments which may by be reasonably requested by the purchaser or holder. LANDLORD INITIALS ------ TENANT INITIALS ------ 9
22.3 Any purchaser at mortgagee of the fee of the Property of which the Premises form a foreclosure sale or grantee of a deed in lieu of foreclosure (collectively a "Successor Lessor") shall not be subject to any claim, defense or offset valid against any prior lessor, nor shall any Successor Lessor be liable for any act or omission of any prior Lessor, nor any prepaid rent or Additional Rent, nor any security deposit, nor any prepaid charge not actually received by such Successor Lessor, nor shall a Successor Lessor be bound by any amendment or modification of this Lease made without its written consentpart.
22.4 17.3 This Lease and Lessee's the Tenant’s rights hereunder are and shall always be subject and subordinate to the lien of any mortgage or mortgages now or hereafter placed upon the Building or Propertyland and buildings of the Property of which the Premises form a part, and to all advances hereafter made from time to time thereunderupon the security thereof. Lessor Landlord and Lessee Tenant agree that this Lease be and hereby is made subject and subordinate at all times to all ground and underlying Leases, leases which may now or hereinafter affect the BuildingProperty of which the Premises form a part. The term "“mortgages" ” as used herein shall be deemed to include trust indentures and deeds of trust and includes all renewals, modifications, consolidations, participations, replacements and extensions thereof.
22.5 The . Nevertheless, the aforesaid provisions shall be self-operative and no further instrument of subordination shall be required by any such lessor Landlord or mortgagee. If Lessor In the event Landlord or any lessor Landlord under any ground lease or any mortgagee desires confirmation or other documentation of such subordination, Lessee Tenant shall execute promptly any certificate that Lessor Landlord may request.
22.6 Lessee17.4 Tenant, upon written request of any party in interest, shall execute promptly such instruments or and certificates as needed to carry out the intent of Article 22.1paragraphs 17.1, 22.217.2, 22.3 and 22.5 17.3, above. Lessee hereby irrevocably appoints Lessor as attorney-in- fact for Lessee with full power and authority to execute and deliver in the name of Lessee any such instruments or certificates.
22.7 17.5 This Lease shall not be recorded without the prior written consent of LessorLandlord. Any recordation of this Lease without such prior written consent shall be deemed a default hereof.
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