Common use of Landlord's Mortgagee Clause in Contracts

Landlord's Mortgagee. Any and all mortgages on the fee title or reversionary interest of Landlord in the Leased Premises shall be subject and subordinate to this Lease; provided, however, that nothing contained herein shall restrict or otherwise impair the right of Landlord to transfer, convey, sell, mortgage or otherwise deal with the fee to the Leased Premises or affect the right of Landlord to assign this Lease and the rental and other sums payable hereunder as further collateral security for any such fee mortgage or otherwise, and Tenant agrees to honor any such assignment from and after receipt of an executed copy thereof; and Tenant further agrees that while any such mortgage or other encumbrance is in force, and if Tenant shall have been given written notice thereof and the name and address of the mortgagee and/or trustee, Tenant shall give said mortgagee or trustee a duplicate copy of any and all notices of default or other notices in writing which Tenant may give or serve upon Landlord pursuant to the terms of this Lease, and any such notice shall not be effective until said duplicate copy is given to such mortgagee or trustee. A different address may be designated by such mortgagee or trustee by written notice delivered to Tenant from time to time. Any such mortgagee and/or trustee may, at its option, at any time before any rights of the Tenant shall have accrued as a result of any default of Landlord hereunder, make any payment or do any other act or thing required of the Landlord by the terms of this Lease; and all payments so made and all things so done or performed by any such mortgagee and/or trustee shall be as effective to prevent accrual of any rights of Tenant hereunder as the same would have been if done and performed by the Landlord instead of by any such mortgagee or trustee. No such mortgagee or trustee of the rights and interests of the Landlord hereunder shall be or become liable to Tenant as an assignee of this Lease until such time as said mortgagee or trustee shall by foreclosure or other appropriate proceedings in the nature thereof, or as the result of any other action or remedy provided for by such mortgagee or deed of trust, or by proper conveyance from Landlord, acquire the rights and interests of the Landlord under the terms of this Lease, and such liability of said mortgagee or trustee shall terminate upon such mortgagee's or trustee's assigning such rights and interests to another party.

Landlord's Mortgagee. Any and all mortgages on the fee title a. Tenant agrees that its interest under this Lease shall be subordinate to any mortgage, deed of trust or reversionary interest of Landlord in similar device now or hereafter placed upon the Leased Premises shall be subject and subordinate by Landlord. Tenant agrees to this Leaseexecute any instruments required to evidence such subordination; provided, however, that nothing contained herein any such subordination instruments shall restrict provide that, in the event of foreclosure or otherwise impair the right conveyance in lieu of Landlord to transferforeclosure, convey, sell, mortgage or otherwise deal with the fee to the Leased Premises or affect the right of Landlord to assign Tenant’s rights under this Lease and the rental and other sums payable hereunder as further collateral security for any such fee mortgage or otherwise, and Tenant agrees to honor any such assignment from and after receipt of an executed copy thereof; and Tenant further agrees that while any such mortgage or other encumbrance is in force, and if Tenant shall have been given written notice thereof and the name and address of the mortgagee and/or trustee, Tenant shall give said mortgagee or trustee a duplicate copy of any and all notices of default or other notices in writing which Tenant may give or serve upon Landlord pursuant to the terms of this Lease, and any such notice shall not be effective until said duplicate copy disturbed by the mortgagee or beneficiary so long as Tenant is not in default of any of its obligations under this Lease. b. Tenant shall not seek to enforce any remedy it may have for any default on the part of Landlord without first giving written notice by certified mail, return receipt requested, specifying the default in reasonable detail, to any Landlord’s Mortgagee whose address has been given to such mortgagee Tenant or trustee. A different address may be designated by such mortgagee or trustee by written notice delivered to Tenant from time to time. Any such mortgagee and/or trustee may, at its option, at any time before any rights who is shown of the Tenant shall have accrued as record in a result of any default of Landlord hereunder, make any payment or do any other act or thing required of the Landlord by the terms of this Lease; and all payments so made and all things so done or performed by any such mortgagee and/or trustee shall be as effective to prevent accrual of any rights of Tenant hereunder as the same would have been if done and performed by the Landlord instead of by any such mortgagee or trustee. No such mortgagee or trustee of the rights and interests of the Landlord hereunder shall be or become liable to Tenant as an assignee of this Lease until such time as said mortgagee or trustee shall by foreclosure or other appropriate proceedings in the nature thereof, or as the result of any other action or remedy provided for by such mortgagee or deed of trust, and affording such Landlord’s Mortgagee a reasonable opportunity to perform Landlord’s obligations hereunder for a period of no less than sixty (60) days in length (from the date of such notice). c. If any current or by proper conveyance from Landlord, acquire the rights and interests prospective mortgagee or a mortgagee or beneficiary of a deed of trust encumbering all or any portion of the Landlord under the terms of Property requires, as a condition to financing, modifications to this Lease, then, provided such modifications do not increase the rent to be paid hereunder, Landlord shall submit to Tenant a written amendment with such required modifications and such liability if Tenant fails to execute and return the same within thirty (30) days after the amendment has been submitted Landlord shall be entitled to its remedies as specified in this Lease for an Event of said mortgagee Default. Nothing herein shall require Tenant to execute an amendment or trustee shall terminate upon such mortgagee's amendments to accomplish changes which would change: i. the Minimum Rent payable by Tenant; ii. the permitted use; iii. the size, dimensions or trustee's assigning such rights and interests to another partylocation of the Leased Premises; or iv. the length of the Lease Term.

Landlord's Mortgagee. Any and all mortgages on the fee title Landlord's Mortgagee may elect, at any time, unilaterally, to make this Lease superior to its Mortgage, Primary Lease, or reversionary other interest of Landlord in the Leased Premises by so notifying Tenant in writing. The provisions of this Section shall be subject self-operative and subordinate no further instrument of subordination shall be required; however, in confirmation of such subordination, Tenant shall execute and return to Landlord (or such other party designated by Landlord) within ten days after written request therefor such documentation, in recordable form if required, as a Landlord's Mortgagee may reasonably request to evidence the subordination of this Lease to such Landlord's Mortgagee's Mortgage or Primary Lease (including a subordination, non-disturbance and attornment agreement) or, if the Landlord's Mortgagee so elects, the subordination of such Landlord's Mortgagee's Mortgage or Primary Lease to this Lease; provided. Notwithstanding the above, however, that nothing contained herein shall restrict or otherwise impair the right of Landlord to transfer, convey, sell, mortgage or otherwise deal with the fee to the Leased Premises or affect the right of Landlord to assign this Lease and the rental and other sums payable hereunder as further collateral security for any such fee mortgage or otherwise, and Tenant agrees to honor any such assignment from and after receipt of an executed copy thereof; and Tenant further agrees that while any such mortgage or other encumbrance is in force, and if Tenant shall have been given written notice thereof and within thirty (30) days following the name and address of the mortgagee and/or trustee, Tenant shall give said mortgagee or trustee a duplicate copy of any and all notices of default or other notices in writing which Tenant may give or serve upon Landlord pursuant to the terms date of this Lease, and Landlord will request from the holders of any such notice shall not be effective until said duplicate copy is given to such mortgagee or trustee. A different address may be designated by such mortgagee or trustee by written notice delivered to Tenant from time to time. Any such mortgagee and/or trustee may, at its option, at any time before any rights Mortgage as of the Tenant shall have accrued as a result of any default of Landlord hereunder, make any payment or do any other act or thing required of the Landlord by the terms of this Lease; and all payments so made and all things so done or performed by any such mortgagee and/or trustee shall be as effective to prevent accrual of any rights of Tenant hereunder as the same would have been if done and performed by the Landlord instead of by any such mortgagee or trustee. No such mortgagee or trustee of the rights and interests of the Landlord hereunder shall be or become liable to Tenant as an assignee of this Lease until such time as said mortgagee or trustee shall by foreclosure or other appropriate proceedings in the nature thereof, or as the result of any other action or remedy provided for by such mortgagee or deed of trust, or by proper conveyance from Landlord, acquire the rights and interests of the Landlord under the terms date of this Lease, a subordination, non-disturbance and attornment agreement ("SNDA") in favor of Tenant, on such holder's standard form of SNDA. However, if Tenant elects to negotiate the terms of any SNDA, Landlord makes no promises or guarantees that the lender will provide the SNDA or agree to any of Tenant’s requested changes and such liability failure of said mortgagee the lender to so agree will not constitute a default by Landlord under this Lease. Landlord shall not be obligated to expend any money to obtain an SNDA, and the inability or trustee failure of Landlord to obtain such SNDA shall not constitute a default by Landlord hereunder, entitle Tenant to cancel or otherwise terminate upon this Lease, or affect the automatic subordination of this Lease, to all such mortgagee's or trustee's assigning mortgages, deeds to secure debt and other security instruments. If any lender charges Landlord any fees, including, without limitation, attorneys’ fees, in order to provide the SNDA, such rights fees and interests to another partycosts will be paid by Tenant.

Landlord's Mortgagee. Any Tenant acknowledges that Landlord's right, title and all mortgages on interest in, to and under the fee title or reversionary interest of Landlord in the Leased Premises shall be subject and subordinate to this Lease; providedPremises, however, that nothing contained herein shall restrict or otherwise impair the right of Landlord to transfer, convey, sell, mortgage or otherwise deal with the fee to the Leased Premises or affect the right of Landlord to assign this Lease and the rental and other sums rents payable hereunder have been pledged and assigned by Landlord to Indenture Trustee pursuant to the Indenture as further collateral security for any Bonds issued by Landlord in connection with Landlord's acquisition, expansion or construction of the Premises. Tenant hereby consents to the creation of such fee mortgage or otherwise, lien and Tenant agrees security interest and to honor any such assignment from assignment. Unless and after receipt of an executed copy thereof; and Tenant further agrees that while any such mortgage or other encumbrance is in force, and if until Tenant shall have been given received written notice thereof from Indenture Trustee that such lien, security interest and assignment have been fully terminated, Indenture Trustee shall have the name and address right, but shall not be obligated, following a default by Landlord under such Mortgages (hereinafter defined) which is not cured within any applicable grace or cure period, to exercise the rights of the mortgagee and/or trustee, Tenant shall give said mortgagee or trustee a duplicate copy of any and all notices of default or other notices in writing which Tenant may give or serve upon Landlord pursuant under this Lease to the terms extent set forth in and subject in each case to the exceptions set forth in the deeds of trust and mortgages (with assignments of leases and rents) now or hereafter executed by Landlord in favor of Indenture Trustee covering and affecting Landlord's right, title and interest in, to and under this Lease, the Premises and any such notice shall not be effective until said duplicate copy is given to such mortgagee or trusteethe Main Leases (collectively, the "MORTGAGES"). A different address may be designated by such mortgagee or trustee by written notice delivered to Tenant from time to time. Any such mortgagee and/or trustee mayTO THE EXTENT, at its optionIF ANY, at any time before any rights of the Tenant shall have accrued as a result of any default of Landlord hereunderTHAT THIS LEASE CONSTITUTES CHATTEL PAPER (AS SUCH TERM IS DEFINED IN THE UNIFORM COMMERCIAL CODE AS IN EFFECT IN ANY APPLICABLE JURISDICTION), make any payment or do any other act or thing required of the Landlord by the terms of this Lease; and all payments so made and all things so done or performed by any such mortgagee and/or trustee shall be as effective to prevent accrual of any rights of Tenant hereunder as the same would have been if done and performed by the Landlord instead of by any such mortgagee or trustee. No such mortgagee or trustee of the rights and interests of the Landlord hereunder shall be or become liable to Tenant as an assignee of this Lease until such time as said mortgagee or trustee shall by foreclosure or other appropriate proceedings in the nature thereofNO SECURITY INTEREST IN THIS LEASE MAY BE CREATED THROUGH THE TRANSFER OR POSSESSION OF ANY COUNTERPART HEREOF OTHER THAN THE ORIGINAL COUNTERPART, or as the result of any other action or remedy provided for by such mortgagee or deed of trust, or by proper conveyance from Landlord, acquire the rights and interests of the Landlord under the terms of this Lease, and such liability of said mortgagee or trustee shall terminate upon such mortgagee's or trustee's assigning such rights and interests to another partyWHICH SHALL BE IDENTIFIED AS THE COUNTERPART CONTAINING THE RECEIPT THEREFOR EXECUTED BY INDENTURE TRUSTEE ON THE SIGNATURE PAGE THEREOF.

Landlord's Mortgagee. Any Tenant agrees with Landlord and all mortgages with the mortgagee of any mortgage or the beneficiary of any deed of trust now or hereafter constituting a lien on the fee title Building or reversionary the Leased Premises ("Landlord's Mortgagee") that any Landlord's Mortgagee shall have the right at any time to elect, by notice in writing given to Tenant, to make this Lease superior to the lien of such mortgage or deed of trust and upon the giving of such notice to Tenant, this Lease shall be deemed prior and superior to the mortgage or deed of trust in respect to which such notice is given; and at the request of Landlord's Mortgagee, Tenant shall execute a recordable instrument establishing this Lease as superior to such lien; or Landlord's Mortgagee may, by like notice, make this Lease subordinate to such mortgage or deed of trust. If Landlord's Mortgagee shall elect to make this Lease subordinate to such mortgage or deed of trust, the same shall be self-operative and no further certificate or instrument of subordination need be required by any mortgagee. In confirmation of such subordination, however, Tenant shall execute promptly any reasonable certificate or instrument that Landlord may request. Tenant hereby constitutes Landlord as Tenant's attorney-in-fact to execute such certificate or instrument for and on behalf of Tenant. In the event of the enforcement by Landlord's Mortgagee of the remedies provided for by law or by such mortgage or deed of trust, Tenant will, upon request of any person or party succeeding to the interest of Landlord as a result of such enforcement, automatically become the Tenant of such successor in the Leased Premises shall be subject and subordinate to this Lease; interest without change in terms or other provisions of such Lease provided, however, that nothing contained herein such successor in interest shall restrict not be (i) bound by any payment of Rent for more than one month in advance except payments in the nature of security for the performance by Tenant of its obligations under this Lease; (ii) subject to any offset, defense or otherwise impair the right damages arising out of Landlord to transfer, convey, sell, mortgage a default or otherwise deal with the fee to the Leased Premises any obligations of any preceding Landlord; or affect the right (iii) bound by any amendment or modification of Landlord to assign this Lease and made without the rental and other sums payable hereunder as further collateral security for any written consent of such fee mortgage trustee or otherwise, and Tenant agrees to honor any such assignment from and after receipt of an executed copy thereof; and Tenant further agrees that while any beneficiary or such mortgage or other encumbrance is successor in force, and if Tenant shall have been given written notice thereof and the name and address of the mortgagee and/or trusteeinterest. Upon request by such successor in interest, Tenant shall give said mortgagee or trustee a duplicate copy of any execute and all notices of default or other notices in writing which Tenant may give or serve upon Landlord pursuant to deliver reasonable instruments confirming the terms of this Lease, and any such notice shall not be effective until said duplicate copy is given to such mortgagee or trustee. A different address may be designated by such mortgagee or trustee by written notice delivered to Tenant from time to time. Any such mortgagee and/or trustee may, at its option, at any time before any rights of the Tenant shall have accrued as a result of any default of Landlord hereunder, make any payment or do any other act or thing required of the Landlord by the terms of this Lease; and all payments so made and all things so done or performed by any such mortgagee and/or trustee shall be as effective to prevent accrual of any rights of Tenant hereunder as the same would have been if done and performed by the Landlord instead of by any such mortgagee or trustee. No such mortgagee or trustee of the rights and interests of the Landlord hereunder shall be or become liable to Tenant as an assignee of this Lease until such time as said mortgagee or trustee shall by foreclosure or other appropriate proceedings in the nature thereof, or as the result of any other action or remedy attornment provided for by such mortgagee or deed of trust, or by proper conveyance from Landlord, acquire the rights and interests of the Landlord under the terms of this Lease, and such liability of said mortgagee or trustee shall terminate upon such mortgagee's or trustee's assigning such rights and interests to another partyherein.

Landlord's Mortgagee. Any and all mortgages on the fee title or reversionary interest of Landlord in the Leased Premises shall be subject and subordinate to this Lease; provided, however, that Tenant hereby agrees that this Lease is subject and subordinate to mortgages where the holders of such mortgages deliver to Tenant a non-disturbance agreement in the form attached hereto as Exhibit D, provided, however, that nothing contained herein shall restrict or otherwise impair the right of Landlord to transfer, convey, sell, mortgage or otherwise deal with the fee to the Leased Premises or affect the right of Landlord to assign this Lease and the rental and other sums payable hereunder as further collateral security for any such fee mortgage or otherwise, and Tenant agrees to honor any such assignment from and after receipt of an executed copy thereof; and Tenant further agrees that while any such mortgage or other encumbrance is in force, and if Tenant shall have been given written notice thereof and the name and address of the mortgagee and/or trustee, Tenant shall give said mortgagee or trustee a duplicate copy of any and all notices of default or other notices in writing which Tenant may give or serve upon Landlord pursuant to the terms of this Lease, and any such notice shall not be effective until said duplicate copy is given to such mortgagee or trustee. A different address may be designated by such mortgagee or trustee by written notice delivered to Tenant from time to time. Any such mortgagee and/or trustee may, at its option, at any time before any rights of the Tenant shall have accrued as a result of any default of Landlord hereunder, make any payment or do any other act or thing required of the Landlord by the terms of this Lease; and all payments so made and all things so done or performed by any such mortgagee and/or trustee shall be as effective to prevent accrual of any rights of Tenant hereunder as the same would have been if done and performed by the Landlord instead of by any such mortgagee or trustee. No such mortgagee or trustee of the rights and interests of the Landlord hereunder shall be or become liable to Tenant as an assignee of this Lease until such time as said mortgagee or trustee shall by foreclosure or other appropriate proceedings in the nature thereof, or as the result of any other action or remedy provided for by such mortgagee or deed of trust, or by proper conveyance from Landlord, acquire the rights and interests of the Landlord under the terms of this Lease, and such liability of said mortgagee or trustee shall terminate upon such mortgagee's or trustee's assigning such rights and interests to another party.. This Lease shall be conditioned upon all existing mortgagees giving non-disturbance agreements in the form attached hereto as Exhibit D. ARTICLE XIV -----------

Landlord's Mortgagee. Any and all mortgages on the fee title Landlord's Mortgagee may elect, at any time, unilaterally, to make this Lease superior to its Mortgage, Primary Lease, or reversionary other interest of Landlord in the Leased Premises by so notifying Tenant in writing. The provisions of this Section shall be subject self-operative and subordinate no further instrument of subordination shall be required; however, in confirmation of such subordination, Tenant shall execute and return to Landlord (or such other party designated by Landlord) within ten days after written request therefor a subordination, non-disturbance and attornment agreement, in recordable form if required and on Landlord's Mortgagee's form, as a Landlord's Mortgagee may reasonably request to evidence the subordination of this Lease to such Landlord's Mortgagee's Mortgage or Primary Lease or, if the Landlord's Mortgagee so elects, the subordination of such Landlord's Mortgagee's Mortgage or Primary Lease to this Lease; provided. All costs and expenses charged by Landlord's Mortgagee to provide, howeverdraft, that nothing contained herein negotiate and finalize such documentation shall restrict or otherwise impair the right of be paid by Tenant within ten (10) days after Landlord to transfer, convey, sell, mortgage or otherwise deal with the fee to the Leased Premises or affect the right of Landlord to assign this Lease and the rental and other sums payable hereunder as further collateral security for any such fee mortgage or otherwise, and Tenant agrees to honor any such assignment from and after receipt of an executed copy thereof; and Tenant further agrees that while any such mortgage or other encumbrance is in force, and if Tenant shall have been given written notice thereof and the name and address of the mortgagee and/or trustee, Tenant shall give said mortgagee or trustee a duplicate copy of any and all notices of default or other notices in writing which Tenant may give or serve upon Landlord pursuant to the terms of this Lease, and any such notice shall not be effective until said duplicate copy is given to such mortgagee or trustee. A different address may be designated by such mortgagee or trustee by written notice delivered gives to Tenant from time a reasonably detailed statement therefor, not to time. Any exceed $5,000.00 for each such mortgagee and/or trustee maysubordination, at its option, at any time before any rights of the Tenant shall have accrued as a result of any default of Landlord hereunder, make any payment or do any other act or thing required of the Landlord by the terms of this Lease; non- disturbance and all payments so made and all things so done or performed by any such mortgagee and/or trustee shall be as effective to prevent accrual of any rights of Tenant hereunder as the same would have been if done and performed by the Landlord instead of by any such mortgagee or trustee. No such mortgagee or trustee of the rights and interests of the Landlord hereunder shall be or become liable to Tenant as an assignee of this Lease until such time as said mortgagee or trustee shall by foreclosure or other appropriate proceedings in the nature thereof, or as the result of any other action or remedy provided for by such mortgagee or deed of trust, or by proper conveyance from Landlord, acquire the rights and interests of the Landlord under the terms of this Lease, and such liability of said mortgagee or trustee shall terminate upon such mortgagee's or trustee's assigning such rights and interests to another partyattornment agreement.

Landlord's Mortgagee. Any Tenant agrees with Landlord and all mortgages with the mortgagee of any first mortgage or the beneficiary of any first deed of trust now or hereafter constituting a lien on the fee title Building or reversionary the Leased Premises ("Landlord's Mortgagee") that any Landlord's Mortgagee shall have the right at any time to elect, by notice in writing given to Tenant, to make this Lease superior to the lien of such mortgage or deed of trust and upon the giving of such notice to Tenant, this Lease shall be deemed prior and superior to the mortgage or deed of trust in respect to which such notice is given; and at Landlord's Mortgagee's request Tenant shall execute a recordable memorandum of this Lease establishing this Lease as superior to such lien; or Landlord's Mortgagee may, by like notice, make this Lease subordinate to such mortgage or deed of trust. If Landlord's Mortgagee shall elect to make this Lease subordinate to such mortgage or deed of trust, the same shall be self-operative and no further instrument of subordination need be required by any mortgagee. In confirmation of such subordination, however, Tenant shall execute promptly any reasonable instrument that Landlord may request. In the event of the enforcement by Landlord's Mortgagee of the remedies provided for by law or by such mortgage or deed of trust, Tenant will, upon request of any person or party succeeding to the interest of Landlord as a result of such enforcement, automatically become the Tenant of such successor in the Leased Premises shall be subject and subordinate to this interest without change in terms or other provisions of such Lease; , provided, however, that nothing contained herein such successor in interest shall restrict not be bound by any payments in the nature of security for the performance by Tenant of its obligations under this Lease, or otherwise impair the right any amendment or modification of Landlord to transfer, convey, sell, mortgage or otherwise deal with the fee to the Leased Premises or affect the right of Landlord to assign this Lease and made without the rental and other sums payable hereunder as further collateral security for any written consent of such fee mortgage trustee or otherwise, and Tenant agrees to honor any such assignment from and after receipt of an executed copy thereof; and Tenant further agrees that while any beneficiary or such mortgage or other encumbrance is successor in force, and if Tenant shall have been given written notice thereof and the name and address of the mortgagee and/or trusteeinterest. Upon request by such successor in interest, Tenant shall give said mortgagee or trustee a duplicate copy of any execute and all notices of default or other notices in writing which Tenant may give or serve upon Landlord pursuant to deliver reasonable instruments confirming the terms of this Lease, and any such notice shall not be effective until said duplicate copy is given to such mortgagee or trustee. A different address may be designated by such mortgagee or trustee by written notice delivered to Tenant from time to time. Any such mortgagee and/or trustee may, at its option, at any time before any rights of the Tenant shall have accrued as a result of any default of Landlord hereunder, make any payment or do any other act or thing required of the Landlord by the terms of this Lease; and all payments so made and all things so done or performed by any such mortgagee and/or trustee shall be as effective to prevent accrual of any rights of Tenant hereunder as the same would have been if done and performed by the Landlord instead of by any such mortgagee or trustee. No such mortgagee or trustee of the rights and interests of the Landlord hereunder shall be or become liable to Tenant as an assignee of this Lease until such time as said mortgagee or trustee shall by foreclosure or other appropriate proceedings in the nature thereof, or as the result of any other action or remedy attornment provided for herein. In consideration for the above, Landlord agrees to provide Tenant at Tenant's request with a non-disturbance agreement signed by such mortgagee Landlord's present or deed of trust, or by proper conveyance from Landlord, acquire the rights and interests of the Landlord under the terms of this Lease, and such liability of said mortgagee or trustee shall terminate upon such mortgagee's or trustee's assigning such rights and interests to another partyfuture Lender.

Landlord's Mortgagee. Any and all mortgages on the fee title Section 20.01. Subject to Landlord’s providing Tenant an SNDA, Tenant agrees that its interest under this Lease shall be subordinate to any mortgage, deed of trust or reversionary interest of Landlord in similar device now or hereafter placed upon the Leased Premises or all or any portion of the Commercial Park by Landlord if the mortgagee or beneficiary under said deed of trust or lender for whose benefit any other security device is created so elects, and, upon notice to Tenant of such election, Tenant will execute any SNDA required to evidence such subordination. Likewise, such mortgagee or beneficiary under said deed of trust or lender for whose benefit any other security device is created may elect, by notice to Tenant, to make this Lease superior to such mortgage or deed of trust or other security device; and in the event of any such election, Tenant will execute any instruments required to evidence such superiority. As used in this Lease, “SNDA” shall mean a subordination, non-disturbance and attornment agreement, containing the agreement of the holder of the mortgage, deed of trust or other security device not to disturb the tenancy of Tenant under this Lease so long as no Event of Default by Tenant shall exist and continue unremedied hereunder, notwithstanding any foreclosure or other exercise of remedies by such holder, and otherwise in commercially reasonable form. Landlord agrees to furnish Tenant a SNDA, signed by each holder of any existing mortgage, deed of trust or other security device, within ten (10) days after the execution of this Lease by Tenant, and in the event Landlord fails to do so, Tenant shall have the right to terminate this Lease by notice to Landlord at any time within thirty (30) days thereafter, whereupon all sums paid by Tenant to Landlord shall be subject promptly refunded to Tenant, and subordinate to neither Tenant nor Landlord shall have any further rights or obligations under this Lease. Section 20.02. Landlord and Tenant shall execute and deliver to each other, at such time or times as either Landlord or Tenant may request, a certificate stating: (a) Whether or not the Lease is in full force and effect; (b) Whether or not the Lease has been modified or amended in any respect, and submitting copies of such modifications or amendments, if any; (c) Whether or not there are any existing defaults under this Lease to the knowledge of the party executing the certificate, and specifying the nature of such defaults, if any; providedand (d) Such other information as may be reasonably requested. The aforesaid certificate(s) shall be delivered to Landlord or Tenant, as the case may be, promptly upon receipt of a written request therefor, but in no event more than ten (10) days following receipt of such request. Section 20.03. This Lease is made by Landlord and accepted by Tenant subject to any and all matters of record affecting the Leased Premises or the Commercial Park. Landlord represents and warrants to Tenant, however, that nothing contained herein shall restrict or otherwise impair the right there are no matters of Landlord to transfer, convey, sell, mortgage or otherwise deal with the fee record affecting title to the Leased Premises or the Commercial Park which would or could materially adversely affect the right of Landlord to assign this Lease Tenant’s use and the rental and other sums payable hereunder as further collateral security for any such fee mortgage or otherwise, and Tenant agrees to honor any such assignment from and after receipt of an executed copy thereof; and Tenant further agrees that while any such mortgage or other encumbrance is in force, and if Tenant shall have been given written notice thereof and the name and address enjoyment of the mortgagee and/or trustee, Tenant shall give said mortgagee Leased Premises or trustee a duplicate copy of any and all notices of default or other notices Common Areas in writing which Tenant may give or serve upon Landlord pursuant to the terms of accordance with this Lease, and or any such notice shall not be effective until said duplicate copy is given to such mortgagee or trustee. A different address may be designated by such mortgagee or trustee by written notice delivered to Tenant from time to time. Any such mortgagee and/or trustee may, at its option, at any time before any rights of the Tenant shall have accrued as a result of any default of Landlord hereunder, make any payment or do any other act or thing required of the Landlord by the terms of this Lease; and all payments so made and all things so done or performed by any such mortgagee and/or trustee shall be as effective to prevent accrual of any rights of Tenant hereunder as the same would have been if done and performed by the Landlord instead of by any such mortgagee or trustee. No such mortgagee or trustee of the rights and interests or benefits of the Landlord hereunder shall Tenant intended to be or become liable afforded to Tenant as an assignee of this Lease until such time as said mortgagee or trustee shall by foreclosure or other appropriate proceedings in the nature thereof, or as the result of any other action or remedy provided for by such mortgagee or deed of trust, or by proper conveyance from Landlord, acquire the rights and interests of the Landlord under the terms of pursuant to this Lease, and such liability of said mortgagee or trustee shall terminate upon such mortgagee's or trustee's assigning such rights and interests to another party.

Landlord's Mortgagee. Any Tenant agrees with Landlord and all mortgages with the mortgagee of any mortgage or the beneficiary of any deed of trust now or hereafter constituting a lien on the fee title Complex or reversionary the Leased Premises ("Landlord's Mortgagee") that any Landlord's Mortgagee shall have the right at any time to elect, by notice in writing given to Tenant, to make this Lease superior to the lien of such mortgage or deed of trust and upon the giving of such notice to Tenant, this Lease shall be deemed prior and superior to the mortgage or deed of trust in respect to which such notice is given; and at Landlord's Mortgagee's request Tenant shall execute a recordable instrument establishing this Lease as superior to such lien; or Landlord's Mortgagee may, by like notice, make this Lease subordinate to such mortgage or deed of trust. If Landlord's Mortgagee shall elect to make this Lease subordinate to such mortgage or deed of trust, Tenant agrees to attorn to such Landlord's Mortgagee so long as such Landlord's Mortgagee also agrees to not disturb Tenant's possession under this Lease in the event such Landlord Mortgagee becomes the owner of the Building. In confirmation of such subordination, attornment and non-disturbance agreement, Tenant shall execute promptly any reasonable Subordination, Attornment and Non-Disturbance Agreement that Landlord or such Landlord's Mortgagee may request. Without limiting the foregoing, Tenant agrees to enter into a Subordination, Non-Disturbance and Attornment Agreement in the form attached as Exhibit "H." Tenant further agrees that any Landlord's Mortgagee may demand the payment of Rent and performance of this Lease at any time. Tenant hereby constitutes Landlord as Tenant's attorney-in-fact to execute such Subordination, Attornment and Non-Disturbance Agreement for and on behalf of Tenant should Tenant fail to execute such agreement within fifteen (15) days after written request to do so. In the event of the enforcement by Landlord's Mortgagee of the remedies provided for by law or by such mortgage or deed of trust, Tenant will, upon request of any person or party succeeding to the interest of Landlord as a result of such enforcement, automatically become the Tenant of such successor in the Leased Premises shall be subject and subordinate to this Lease; interest without change in terms or other provisions of such lease provided, however, that nothing contained herein such successor in interest shall restrict not be (i) bound by any payment of Rent for more than one month in advance except payments in the nature of security for the performance by Tenant of its obligations under this Lease; (ii) subject to any offset, defense or otherwise impair the right damages arising out of Landlord to transfer, convey, sell, mortgage a default or otherwise deal with the fee to the Leased Premises any obligations any preceding Landlord; or affect the right (iii) bound by any amendment or modification of Landlord to assign this Lease and made without the rental and other sums payable hereunder as further collateral security for any written consent of such fee mortgage or otherwisesuccessor in interest, and provided Tenant agrees to honor any such assignment from and after receipt of an executed copy thereof; and Tenant further agrees that while any such mortgage or other encumbrance is in force, and if Tenant shall have has been given written prior notice thereof and the name and address of the mortgagee and/or trusteeidentity of such successor in interest. Upon request by such successor in interest, Tenant shall give said mortgagee or trustee a duplicate copy of any execute and all notices of default or other notices in writing which Tenant may give or serve upon Landlord pursuant to deliver reasonable instruments confirming the terms of this Lease, and any such notice shall not be effective until said duplicate copy is given to such mortgagee or trustee. A different address may be designated by such mortgagee or trustee by written notice delivered to Tenant from time to time. Any such mortgagee and/or trustee may, at its option, at any time before any rights of the Tenant shall have accrued as a result of any default of Landlord hereunder, make any payment or do any other act or thing required of the Landlord by the terms of this Lease; and all payments so made and all things so done or performed by any such mortgagee and/or trustee shall be as effective to prevent accrual of any rights of Tenant hereunder as the same would have been if done and performed by the Landlord instead of by any such mortgagee or trustee. No such mortgagee or trustee of the rights and interests of the Landlord hereunder shall be or become liable to Tenant as an assignee of this Lease until such time as said mortgagee or trustee shall by foreclosure or other appropriate proceedings in the nature thereof, or as the result of any other action or remedy attornment provided for by such mortgagee or deed of trust, or by proper conveyance from Landlord, acquire the rights and interests of the Landlord under the terms of this Lease, and such liability of said mortgagee or trustee shall terminate upon such mortgagee's or trustee's assigning such rights and interests to another partyherein.

Landlord's Mortgagee. Any and all SECTION 21.01. Other than inter-company loan(s), Landlord warrants that as of the date of this Lease, no mortgages on or deeds of trust encumber the fee title Shopping Center. Tenant agrees that its interest under this Lease shall be subordinate to any mortgage, deed of trust or reversionary interest of Landlord in similar device now or hereafter placed upon the Leased Premises shall be subject and subordinate or all or any portion of the Shopping Center by Landlord if the mortgagee or beneficiary under said deed of trust or lender for whose benefit any other security device is created so elects, and, upon notice to this LeaseTenant of such election, Tenant will execute any instruments required to evidence such subordination; provided, however, that nothing contained herein any such subordination instruments shall restrict provide that, in the event of foreclosure or otherwise impair conveyance in lieu of foreclosure, Tenant's rights under this Lease shall not be disturbed by the right mortgagee or beneficiary so long as Tenant is not in default of Landlord any of its obligations under this Lease beyond any applicable notice and cure periods. Likewise, such mortgagee or beneficiary under said deed of trust or lender for whose benefit any other security device is created may elect, by notice to transferTenant, convey, sell, to make this Lease superior to such mortgage or otherwise deal with deed of trust or other security device; and in the fee event of any such election, Tenant will execute any instruments required to evidence such superiority. SECTION 21.02. Landlord and Tenant shall execute and deliver to each other, at such time or times as either Landlord or Tenant may request, a certificate stating: (a) Whether or not the Lease is in full force and effect; (b) Whether or not the Lease has been modified or amended in any respect, and submitting copies of such modifications or amendments, if any; (c) Whether or not there are any existing defaults under this Lease to the knowledge of the party executing the certificate, and specifying the nature of such defaults, if any; and (d) Such other information as may be reasonably requested. The aforesaid certificate(s) shall be delivered to Landlord or Tenant, as the case may be, promptly upon receipt of a written request therefore, but in no event more than five (5) days following receipt of such request. SECTION 21.03. This Lease is made by Landlord and accepted by Tenant subject to any and all matters of record affecting the Leased Premises or affect the right Shopping Center. Nothing contained herein shall diminish the covenant of Landlord to assign this Lease and the rental and other sums payable hereunder as further collateral security for any such fee mortgage or otherwise, and Tenant agrees to honor any such assignment from and after receipt of an executed copy thereof; and Tenant further agrees that while any such mortgage or other encumbrance is quiet enjoyment set forth in force, and if Tenant shall have been given written notice thereof and the name and address of the mortgagee and/or trustee, Tenant shall give said mortgagee or trustee a duplicate copy of any and all notices of default or other notices in writing which Tenant may give or serve upon Landlord pursuant to the terms of this Lease, and any such notice shall not be effective until said duplicate copy is given to such mortgagee or trustee. A different address may be designated by such mortgagee or trustee by written notice delivered to Tenant from time to time. Any such mortgagee and/or trustee may, at its option, at any time before any rights of the Tenant shall have accrued as a result of any default of Landlord hereunder, make any payment or do any other act or thing required of the Landlord by the terms of this Lease; and all payments so made and all things so done or performed by any such mortgagee and/or trustee shall be as effective to prevent accrual of any rights of Tenant hereunder as the same would have been if done and performed by the Landlord instead of by any such mortgagee or trustee. No such mortgagee or trustee of the rights and interests of the Landlord hereunder shall be or become liable to Tenant as an assignee of this Lease until such time as said mortgagee or trustee shall by foreclosure or other appropriate proceedings in the nature thereof, or as the result of any other action or remedy provided for by such mortgagee or deed of trust, or by proper conveyance from Landlord, acquire the rights and interests of the Landlord under the terms of this Lease, and such liability of said mortgagee or trustee shall terminate upon such mortgagee's or trustee's assigning such rights and interests to another partySection 25.12 hereof.