Common use of Lease to be Subordinate Clause in Contracts

Lease to be Subordinate. Lessee agrees that this Lease is and shall be, at all times, subject and subordinate to the lien of any mortgage or other encumbrances which Lessor may create during the Lease Term against the Premises including all renewals, replacements and extensions thereof provided, however, that regardless of any default under any such mortgage or encumbrance or any sale of the Premises under such mortgage, so long as Lessee timely performs all covenants and conditions of this Lease and continues to make all timely payments hereunder, this Lease and Lessee's possession and rights hereunder shall not be disturbed by the mortgagee or anyone claiming under or through such mortgagee. Lessee shall execute any documents subordinating this Lease within ten (10) days after delivery of same by Lessor so long as the Lender agrees therein that this Lease will not be terminated if Lessee is not in default following a foreclosure. The parties have executed this Lease as of the dates indicated below. FORTUNE - FISBECK DEVELOPMENT, LLC By: /s/ Carter M. Fortune --------------------------------- Cartxx X. Xxxxxxx Xxte: ------------------------------- Jaxxx X. Xxxx Xxxxxration By: /s/ Carter M. Fortune --------------------------------- Cartxx X. Xxxxxxx, Xxief Executive Officer Date: -------------------------------

Lease to be Subordinate. Lessee agrees that this Lease is and shall be, at all times, subject and subordinate to the lien of any mortgage or other encumbrances which Lessor may create during the Lease Term against the Premises including all renewals, replacements and extensions thereof provided, however, that regardless of any default under any such mortgage or encumbrance or any sale of the Premises under such mortgage, so long as Lessee timely performs all covenants and conditions of this Lease and continues to make all timely payments hereunder, this Lease and Lessee's possession and rights hereunder shall not be disturbed by the mortgagee or anyone claiming under or through such mortgagee. Lessee shall execute any documents subordinating this Lease within ten (10) days after delivery of same by Lessor so long as the Lender agrees therein that this Lease will not be terminated if Lessee is not in default following a foreclosure. The parties have executed this Lease as of the dates indicated below. FORTUNE - FISBECK DEVELOPMENT, LLC By: /s/ Carter M. Fortune --------------------------------- ---------------------------------- Cartxx X. Xxxxxxx Xxte: ------------------------------- Jaxxx X. Xxxx Xxxxxration -------------------------------- FOXXXXX XXXXXXXXXXX INDUSTRIES, INC. By: /s/ Carter M. Fortune --------------------------------- Cartxx ---------------------------------- Carter X. Xxxxxxx, Xxief Xxxxx Executive Officer Date: ---------------------------------------------------------------

Lease to be Subordinate. Lessee agrees that this Lease is and shall be, at all times, subject and subordinate to the lien of any mortgage or other encumbrances which Lessor may create during the Lease Term against the Premises including all renewals, replacements and extensions thereof provided, however, that regardless of any default under any such mortgage or encumbrance or any sale of the Premises under such mortgage, so long as Lessee timely performs all covenants and conditions of this Lease and continues to make all timely payments hereunder, this Lease and Lessee's possession and rights hereunder shall not be disturbed by the mortgagee or anyone claiming under or through such mortgagee. Lessee shall execute any documents subordinating this Lease within ten (10) days after delivery of same by Lessor so long as the Lender agrees therein that this Lease will not be terminated if Lessee is not in default following a foreclosure. The parties have executed this Lease as of the dates indicated below. FORTUNE - FISBECK DEVELOPMENT, LLC By: /s/ Carter M. Fortune --------------------------------- Cartxx ---------------------------------- Cartex X. Xxxxxxx XxteXxxe: ------------------------------- Jaxxx X. Xxxx Xxxxxration -------------------------------- FORXXXX XXXXXXXXXXX INDUSTRIES, INC. By: /s/ Carter M. Fortune --------------------------------- Cartxx X. ---------------------------------- Carter M. Xxxxxxx, Xxief Xxxxx Executive Officer Date: ---------------------------------------------------------------