Common use of Landlord’s Financing Clause in Contracts

Landlord’s Financing. This Lease shall be subordinate to any existing first mortgage, first deed of trust, ground lease, declaration of covenants, conditions, easements and restrictions (whether recorded on or after the date of this Lease) and all renewals, modifications, amendments, consolidations, replacements and extensions of any such instruments. No documentation other than this Lease shall be required to evidence such subordination. If the holder of any mortgage or deed of trust elects to have this Lease superior to the lien of its mortgage or deed of trust and gives written notice of such election to Tenant, this Lease shall be deemed prior to such mortgage or deed of trust. Tenant shall execute such documents as may be required by Landlord to confirm such subordination or priority, or a subordination to any future first mortgage or first deed of trust and all renewals, modifications, amendments, consolidations, replacements and extensions of any such instruments, within fifteen (15) days after written request, provided that the lender concerned concurrently provides to Tenant a non-disturbance agreement. Any sale, assignment or transfer of Landlord’s interest under this Lease or in the Premises, including any such disposition resulting from Landlord’s default under a debt obligation, shall be subject to this Lease and Tenant shall attorn to Landlord’s successors and assigns and shall recognize such successors or assigns as Landlord under this Lease, regardless of any rule of law to the contrary or absence of privity of contract. Landlord shall, at Landlord’s sole cost and expense, exercise commercially reasonable, good faith efforts to obtain a non-disturbance agreement in favor of Tenant (which will likely contain a subordination and attornment agreement) from any lender holding a mortgage lien on the Premises that is prior in time to this Lease.

Landlord’s Financing. This Lease shall be subordinate to any existing first deed of trust, mortgage, ground lease or other security instrument (each a "Mortgage") that now or hereafter covers all or any part of the Premises (the mortgagee under any such Mortgage is referred to herein as a "Landlord's Mortgagee"). The provisions of this Section shall be self-operative and no further instrument of subordination shall be required. Nevertheless, Tenant shall, within ten (10) days after Landlord's written request, execute such documents as may reasonably be required by Landlord to evidence the subordination of this Lease to any first mortgage or first deed of trust, ground lease, declaration provided that the lender relying on such subordination agrees that Tenant shall not be disturbed in the event of covenants, conditions, easements foreclosure so long as Tenant is not in default under this Lease and restrictions (whether recorded on no event has occurred which with the passage of time or after the date giving of this Lease) and all renewals, modifications, amendments, consolidations, replacements and extensions of any notice or both would constitute such instrumentsa default. No documentation other than this This Lease shall be required deemed prior to evidence such subordination. If the holder of any mortgage or deed of trust elects to have this Lease superior to if the lien of its mortgage or deed of trust and lender concerned gives written notice of such election to Tenant, this Lease shall be deemed prior to such mortgage or deed of trust. Tenant shall execute such documents as may be required by Landlord to confirm such subordination or priority, or a subordination to any future first mortgage or first deed of trust and all renewals, modifications, amendments, consolidations, replacements and extensions of any such instruments, within fifteen (15) days after written request, provided that the lender concerned concurrently provides to Tenant a non-disturbance agreement. Any sale, assignment or transfer of Landlord’s 's interest under this Lease or in the Premises, including any such disposition resulting from Landlord’s 's default under a debt obligation, shall be subject to this Lease Lease, and Tenant shall attorn to Landlord’s 's successors and assigns and shall recognize such successors or and assigns as Landlord the landlord under this Lease, regardless Lease regard-less of any rule of law to the contrary or the absence of privity of contract. Landlord shall, at Landlord’s sole cost and expense, exercise commercially reasonable, good faith efforts to obtain a non-disturbance agreement in favor of Tenant (which will likely contain a subordination and attornment agreement) from any lender holding a mortgage lien on the Premises that is prior in time to this Lease.

Landlord’s Financing. This Within ten (10) business days after Landlord’s request, Tenant shall execute a subordination, non-disturbance and attornment agreement or other similar document, subordinating this Lease shall be subordinate to any existing first mortgage, first deed of trusttrust or similar instrument covering the Property, ground leaseand providing a non-disturbance agreement in favor of Tenant, declaration of covenants, conditions, easements all in reasonable form and restrictions (whether recorded on or after substance reasonably satisfactory to Tenant and the date of this Lease) and all renewals, modifications, amendments, consolidations, replacements and extensions of any such instruments. No documentation other than this Lease shall be required to evidence such subordinationlender concerned. If the holder of any mortgage or deed of trust elects to have this Lease superior to the lien of its mortgage or deed of trust and gives written notice of such election to Tenant, this Lease shall be deemed prior to such mortgage or deed of trust, whether such notice is given before or after foreclosure. Tenant shall execute such documents as may be required by Landlord to confirm such subordination or priority, or a subordination to On any future first mortgage or first deed of trust and all renewals, modifications, amendments, consolidations, replacements and extensions of any such instruments, within fifteen (15) days after written request, provided that the lender concerned concurrently provides to Tenant a non-disturbance agreement. Any sale, assignment or transfer of Landlord’s interest under this Lease or in the Premises, including any such disposition resulting from Landlord’s default under a debt obligation, shall be subject to this Lease and Tenant shall attorn to Landlord’s successors and assigns and shall recognize such successors or assigns as Landlord under this Lease, regardless of any rule of law to the contrary or absence of privity of contract, provided that such successors and assigns recognize this Lease and do not disturb Tenant’s use and occupancy of the Premises so long as no Tenant Default exists under this Lease. On Tenant’s request, Landlord shall, at Landlord’s sole cost and expense, exercise commercially reasonable, good faith shall use its best efforts to obtain a subordination, non-disturbance and attornment agreement in favor of Tenant (which will likely contain a subordination from Landlord’s current mortgage lender in form and attornment agreement) from substance reasonably satisfactory to the Parties and such lender, and Tenant shall be solely responsible for any lender holding a mortgage lien on the Premises that is prior costs, expenses or fees payable in time to this Leaseconnection therewith.

Landlord’s Financing. This Lease shall be subordinate to any existing first mortgage, first deed of trust, ground lease, declaration of covenants, conditions, easements and restrictions (whether recorded on or after the date of this Lease) and all renewals, modifications, amendments, consolidations, replacements and extensions of any such instruments. No documentation other than this Lease shall be required to evidence such subordination. If the holder of any mortgage or deed of trust elects to have this Lease superior to the lien of its mortgage or deed of trust trust, and gives written notice of such election to Tenant, this Lease shall be deemed prior to such mortgage or deed of trust. Tenant shall execute such documents as may may71 be required by Landlord to confirm such subordination or priority, or a subordination to any future first mortgage or first deed of trust and all renewals, modifications, amendments, consolidations, replacements and extensions of any such instruments, priority within fifteen ten (1510) days after written request, provided that the lender concerned concurrently provides to Tenant a non-disturbance agreementagreement.72 Tenant shall from time to time if so requested by Landlord and if doing so will not adversely affect Tenant’s interests under this Lease, join with Landlord in amending this Lease so as to meet the needs or requirements of any lender that is considering making or that has made a loan secured by all or any portion of the Property. Any sale, assignment or transfer of Landlord’s interest under this Lease or in the Premises, including any such disposition resulting from Landlord’s default under a debt obligation, shall be subject to this Lease and Tenant shall attorn to Landlord’s successors and assigns and shall recognize such successors or assigns as Landlord under this Lease, regardless of any rule of law to the contrary or absence of privity of contractcontract73. 71 reasonably 72 In addition, so long as Tenant occupies at least 15,000 rentable square feet in the Building, Landlord shallshall exercise its best, at Landlord’s sole cost and expense, exercise commercially reasonable, good faith reasonable efforts to obtain cause each lender making a mortgage loan encumbering the Building to enter into a subordination, non-disturbance agreement in favor and attainment agreement. 73 , and such successors and assigns shall recognize this Lease and not disturb Tenant’s use and occupancy of Tenant (which will likely contain a subordination and attornment agreement) from any lender holding a mortgage lien on the Premises that so long as Tenant is prior not in time to default under this Lease.

Landlord’s Financing. This Tenant agrees that this Lease shall automatically be subordinate to the lien of any existing first mortgage, first firs-position mortgage or deed of trust, ground lease, declaration trust now or hereafter placed against the realty of covenants, conditions, easements which the Premises comprise a part and restrictions (whether recorded on or after the date of this Lease) and to all renewals, modifications, amendments, consolidations, replacements supplements consolidations and extensions thereof, provided, however, in the event that the holder of any such instrumentsmortgage or deed of trust shall so elect, its mortgage or deed of trust shall not be disturbed in its possession of the Premises during the full term of this Lease. No documentation other than Tenant agrees to execute such further documents in addition to this Lease shall as may be required to evidence such subordination. If the desired by Landlord or by holder of any firs-position mortgage or deed of trust with respect to the subordination arrangement that is provided for above. In the event any proceedings are brought for foreclosure of, or in the event of the exercise of the power of sale under, any mortgage or deed of trust elects covering the Premises, Tenant shall attorn to have the purchaser and shall recognize such purchaser as the Landlord under this Lease. Tenant recognizes that Landlord's ability from time to time to obtain loan financing for the realty of which the Premises comprise a part may in part be dependent upon the acceptability of the terms of this Lease superior to the lien lender concerned. Accordingly, Tenant agrees that from time to time it shall, if so requested by Landlord and if doing so will not substantially and adversely affect Tenant's economic interest hereunder, join with Landlord in amending this Lease so as to meet the needs or requirements of its any lender which is considering making or which has made a load secured by a mortgage or deed of trust and gives written notice of such election to Tenant, this Lease shall be deemed prior to such mortgage or deed of trust. Tenant shall execute such documents as may be required by Landlord to confirm such subordination or priority, or a subordination to any future first mortgage or first deed of trust and all renewals, modifications, amendments, consolidations, replacements and extensions of any such instruments, within fifteen (15) days after written request, provided that the lender concerned concurrently provides to Tenant a non-disturbance agreement. Any sale, assignment or transfer of Landlord’s interest under this Lease or in affecting the Premises, including any such disposition resulting from Landlord’s default under a debt obligation, shall be subject to this Lease and Tenant shall attorn to Landlord’s successors and assigns and shall recognize such successors or assigns as Landlord under this Lease, regardless of any rule of law to the contrary or absence of privity of contract. Landlord shall, at Landlord’s sole cost and expense, exercise commercially reasonable, good faith efforts to obtain a non-disturbance agreement in favor of Tenant (which will likely contain a subordination and attornment agreement) from any lender holding a mortgage lien on the Premises that is prior in time to this Lease.

Landlord’s Financing. This Within ten (10) business days after Landlord’s request, Tenant shall execute a subordination, non-disturbance and attornment agreement or other similar document, subordinating this Lease shall be subordinate to any existing first mortgage, first deed of trusttrust or similar instrument covering the Property, ground leaseand providing a non-disturbance agreement in favor of Tenant, declaration of covenants, conditions, easements all in reasonable form and restrictions (whether recorded on or after substance reasonably satisfactory to Tenant and the date of this Lease) and all renewals, modifications, amendments, consolidations, replacements and extensions of any such instruments. No documentation other than this Lease shall be required to evidence such subordinationlender concerned. If the holder of any mortgage or deed of trust elects to have this Lease superior to the lien of its mortgage or deed of trust and gives written notice of such election to Tenant, this Lease shall be deemed prior to such mortgage or deed of trust, whether such notice is given before or after foreclosure. Tenant shall execute such documents as may be required by Landlord to confirm such subordination or priority, or a subordination to On any future first mortgage or first deed of trust and all renewals, modifications, amendments, consolidations, replacements and extensions of any such instruments, within fifteen (15) days after written request, provided that the lender concerned concurrently provides to Tenant a non-disturbance agreement. Any sale, assignment or transfer of Landlord’s interest under this Lease or in the Premises, including any such disposition resulting from Landlord’s default under a debt obligation, such sale, assignment or transfer shall be subject to this Lease Lease, and Tenant shall attorn to Landlord’s successors and assigns and shall recognize such successors or assigns as Landlord under this Lease, regardless of any rule of law to the contrary or absence of privity of contract, provided that such successors and assigns recognize this Lease and do not disturb Tenant’s use and occupancy of the Premises so long as no Tenant Default exists under this Lease. Landlord shall, at Landlord’s sole cost and expense, exercise commercially reasonable, good faith shall use its best efforts to obtain a subordination, non-disturbance and attornment agreement in favor of Tenant (which will likely contain a subordination from Landlord’s current mortgage lender in form and attornment agreement) from substance reasonably satisfactory to the Parties and such lender, and Tenant shall be solely responsible for any lender holding a mortgage lien on the Premises that is prior costs, expenses or fees payable in time to this Leaseconnection therewith.

Landlord’s Financing. This Within ten (10) business days after Xxxxxxxx’s request, Tenant shall execute a subordination, non-disturbance and attornment agreement or other similar document, subordinating this Lease shall be subordinate to any existing first mortgage, first deed of trusttrust or similar instrument covering the Property, ground leaseand providing a non-disturbance agreement in favor of Tenant, declaration of covenants, conditions, easements all in reasonable form and restrictions (whether recorded on or after substance reasonably satisfactory to Tenant and the date of this Lease) and all renewals, modifications, amendments, consolidations, replacements and extensions of any such instruments. No documentation other than this Lease shall be required to evidence such subordinationlender concerned. If the holder of any mortgage or deed of trust elects to have this Lease superior to the lien of its mortgage or deed of trust and gives written notice of such election to Tenant, this Lease shall be deemed prior to such mortgage or deed of trust, whether such notice is given before or after foreclosure. Tenant shall execute such documents as may be required by Landlord to confirm such subordination or priority, or a subordination to On any future first mortgage or first deed of trust and all renewals, modifications, amendments, consolidations, replacements and extensions of any such instruments, within fifteen (15) days after written request, provided that the lender concerned concurrently provides to Tenant a non-disturbance agreement. Any sale, assignment or transfer of LandlordXxxxxxxx’s interest under this Lease or in the Premises, including any such disposition resulting from Landlord’s default under a debt obligation, shall be subject to this Lease and Tenant shall attorn to Landlord’s successors and assigns and shall recognize such successors or assigns as Landlord under this Lease, regardless of any rule of law to the contrary or absence of privity of contract, provided that such successors and assigns recognize this Lease and do not disturb Tenant’s use and occupancy of the Premises so long as no Tenant Default exists under this Lease. On Tenant’s request, Landlord shall, at Landlord’s sole cost and expense, exercise commercially reasonable, good faith shall use its best efforts to obtain a subordination, non-disturbance and attornment agreement in favor of Tenant (which will likely contain a subordination from Landlord’s current mortgage lender in form and attornment agreement) from substance reasonably satisfactory to the Parties and such lender, and Tenant shall be solely responsible for any lender holding a mortgage lien on the Premises that is prior costs, expenses or fees payable in time to this Leaseconnection therewith.

Landlord’s Financing. This Within ten (10) business days after Landlord’s request, Tenant shall execute a subordination, non-disturbance and attornment agreement or other similar document, subordinating this Lease shall be subordinate to any existing first mortgage, first deed of trusttrust or similar instrument covering the Property, ground leaseand providing a non-disturbance agreement in favor of Tenant, declaration of covenants, conditions, easements all in reasonable form and restrictions (whether recorded on or after substance reasonably satisfactory to Tenant and the date of this Lease) and all renewals, modifications, amendments, consolidations, replacements and extensions of any such instruments. No documentation other than this Lease shall be required to evidence such subordinationlender concerned. If the holder of any mortgage or deed of trust elects to have this Lease superior to the lien of its mortgage or deed of trust and gives written notice of such election to Tenant, this Lease shall be deemed prior to such mortgage or deed of trust, whether such notice is given before or after foreclosure. Tenant shall execute such documents as may be required by Landlord to confirm such subordination or priority, or a subordination to On any future first mortgage or first deed of trust and all renewals, modifications, amendments, consolidations, replacements and extensions of any such instruments, within fifteen (15) days after written request, provided that the lender concerned concurrently provides to Tenant a non-disturbance agreement. Any sale, assignment or transfer of Landlord’s interest under this Lease or in the Premises, including any such disposition resulting from Landlord’s default under a debt obligation, such sale, assignment or transfer shall be subject to this Lease and Lease, Tenant shall attorn to Landlord’s successors and assigns and shall recognize such successors or assigns as Landlord under this Lease, regardless of any rule of law to the contrary or absence of privity of contract, provided that such successors and assigns recognize this Lease and do not disturb Tenant’s use and occupancy of the Premises so long as no Tenant Default exists under this Lease. On Tenant’s request, Landlord shall, at Landlord’s sole cost and expense, exercise commercially reasonable, good faith shall use its best efforts to obtain a subordination, non-disturbance and attornment agreement in favor of Tenant (which will likely contain a subordination from Landlord’s current mortgage lender in form and attornment agreement) from substance reasonably satisfactory to the Parties and such lender, and Tenant shall be solely responsible for any lender holding a mortgage lien on the Premises that is prior costs, expenses or fees payable in time to this Leaseconnection therewith.

Landlord’s Financing. This Within ten (10) business days after Landlord’s request, Tenant shall execute a subordination, non-disturbance and attornment agreement or other similar document, subordinating this Lease shall be subordinate to any existing first mortgage, first deed of trusttrust or similar instrument covering the Property, ground leaseand providing a non-disturbance agreement in favor of Tenant, declaration of covenants, conditions, easements all in reasonable form and restrictions (whether recorded on or after substance reasonably satisfactory to Tenant and the date of this Lease) and all renewals, modifications, amendments, consolidations, replacements and extensions of any such instruments. No documentation other than this Lease shall be required to evidence such subordinationlender concerned. If the holder of any mortgage or deed of trust elects to have this Lease superior to the lien of its mortgage or deed of trust and gives written notice of such election to Tenant, this Lease shall be deemed prior to such mortgage or deed of trust, whether such notice is given before or after foreclosure. Tenant shall execute such documents as may be required by Landlord to confirm such subordination or priority, or a subordination to On any future first mortgage or first deed of trust and all renewals, modifications, amendments, consolidations, replacements and extensions of any such instruments, within fifteen (15) days after written request, provided that the lender concerned concurrently provides to Tenant a non-disturbance agreement. Any sale, assignment or transfer of Landlord’s interest under this Lease or in the Premises, including any such disposition resulting from Landlord’s default under a debt obligation, such sale, assignment or transfer shall be subject to this Lease Lease, and Tenant shall attorn to Landlord’s successors and assigns and shall recognize such successors or assigns as Landlord under this Lease, regardless of any rule of law to the contrary or absence of privity of contract, provided that such successors and assigns recognize this Lease and do not disturb Tenant’s use and occupancy of the Premises so long as no Tenant Default exists under this Lease. Landlord shall, at Landlord’s sole cost and expense, exercise commercially reasonable, good faith shall use its best efforts to obtain a subordination, non-disturbance and attornment agreement in favor of Tenant (which will likely contain a subordination from Landlord’s current mortgage lender in form and attornment agreement) from substance reasonably satisfactory to the Parties and such lender. Tenant shall be responsible for any costs, expenses or fees payable to such lender holding a mortgage lien on the Premises that is prior or such lender’s legal counsel in time connection therewith up to this Lease$3,000.00, and Landlord shall be responsible for any costs, expenses or fees payable to such lender or such lender’s legal counsel in connection therewith in excess of $3,000.00.