Common use of MORTGAGE, ATTORNMENT Clause in Contracts

MORTGAGE, ATTORNMENT. Upon the written request of Landlord or of any lessor under a sale or leaseback of the land and/or building in which the premises are situated or of any mortgagee or beneficiary of Landlord, Tenant will from time to time in writing subordinate its rights hereunder to the interest of any such lessor as well as to the lien of any mortgage or deed of trust now or hereafter in force against the land and building of which the premises are a part or against any buildings hereafter placed upon the land of which the premises are a part and to all advances made or hereafter to be made upon the security thereof. The provisions of this section to the contrary notwithstanding and so long as Tenant is not in default beyond any applicable cure period hereunder, this Lease shall remain in full force and effect for the full term hereof, and any document subordinating Tenant's interest herein to any ground lease or to the lien of any mortgagee or beneficiary shall so state. In the event any proceedings are brought for foreclosure or to exercise the power of sale under any mortgage or deed of trust made by Landlord covering the premises, provided that such purchaser recognizes Tenant's rights under this Lease and assumes Landlord's obligations hereunder, Tenant shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as Landlord under this Lease. Landlord shall obtain from any current or future mortgagee, an agreement, in recordable form, setting forth the nondisturbance provisions as stated herein. Within thirty (30) days after written request therefor by Landlord, Tenant agrees to deliver in recordable form a certificate addressed to any proposed mortgagee, beneficiary or purchaser or to Landlord, certifying that this Lease is in full force and effect (if such is the case) and that there are no defenses or offsets thereto (or stating those defenses or offsets) by Tenant.

Appears in 2 contracts

Samples: Nebraska Book Co, NBC Acquisition Corp

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MORTGAGE, ATTORNMENT. Upon the written request of Landlord or of This Lease is automatically subject and subordinate to any lessor under a sale or leaseback of the land and/or building in which the premises are situated or of any mortgagee or beneficiary of Landlordother underlying leasehold interest, Tenant will from time to time in writing subordinate its rights hereunder to the interest of any such lessor as well as to the lien of any mortgage or mortgage, deed of trust now or hereafter in force against the land and building of which the premises are a part other security device previously or against any buildings hereafter placed upon Landlord’s interest in the land of which the premises are a part Premises, to any and to all advances made or hereafter to be made thereunder, to the interest on the obligations secured thereby, to all renewals, replacements and extensions thereof, and to any easements, covenants, conditions, restrictions, or other matters of record now or hereafter imposed upon all or any portion of the Premises; provided, however, as to any future mortgage, deed of trust or other security device to which this Lease is not subordinate at the date of this Lease, such subordination of this Lease is conditioned upon the security thereof. The provisions existence of a non- disturbance covenant in form reasonably acceptable to Tenant whereby the encumbrance holder to whom Xxxxxx subordinates agrees to honor this section to the contrary notwithstanding Lease and so long as Tenant recognize Tenant's rights and interests hereunder, provided Xxxxxx is not in default beyond hereunder. Xxxxxx agrees not violate any applicable cure period hereunder, this Lease shall remain in full force and effect for the full term hereof, and any document subordinating Tenant's interest herein to any ground lease or to the lien of any mortgagee or beneficiary shall so statesuch superior instrument. In the event If any proceedings are brought for default under any such lease or underlying leasehold interest, or in the event of foreclosure or to the exercise of the power of sale under any mortgage or such mortgage, deed of trust made by Landlord covering the premisesor other security device, provided that such purchaser recognizes Tenant's rights under this Lease and assumes Landlord's obligations hereunder, Tenant shall Xxxxxx agrees to attorn to the purchaser upon any of the Premises at such foreclosure or sale and recognize such purchaser as Landlord landlord under this Lease. Landlord shall obtain from If the mortgagee or beneficiary of any current mortgage or future mortgageedeed of trust upon Xxxxxxxx’s interest in the Premises at any time requires that Xxxxxx’s rights hereunder be senior and superior to the lien of such mortgage or deed of trust, Xxxxxx agrees that such mortgagee or beneficiary may, without the signature or further consent of Tenant, execute and place of record an agreementinstrument subordinating the lien of such mortgage or deed of trust to the rights of Tenant hereunder, in recordable formprovided that Xxxxxx is furnished a copy of such instrument, setting forth together with the nondisturbance provisions as stated herein. Within thirty (30) days after written request therefor by Landlord, Tenant agrees to deliver in recordable form a certificate addressed to any proposed mortgagee, beneficiary or purchaser or to Landlord, certifying that this Lease is in full force and effect (if such is the case) and that there are no defenses or offsets thereto (or stating those defenses or offsets) by Tenantpertinent recording information.

Appears in 1 contract

Samples: Lease

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MORTGAGE, ATTORNMENT. Upon the written request of Landlord or of This Lease is automatically subject and subordinate to any lessor under a sale or leaseback of the land and/or building in which the premises are situated or of any mortgagee or beneficiary of Landlordother underlying leasehold interest, Tenant will from time to time in writing subordinate its rights hereunder to the interest of any such lessor as well as to the lien of any mortgage or mortgage, deed of trust now or hereafter in force against the land and building of which the premises are a part other security device previously or against any buildings hereafter placed upon Landlord’s interest in the land of which the premises are a part Premises, to any and to all advances made or hereafter to be made thereunder, to the interest on the obligations secured thereby, to all renewals, replacements and extensions thereof, and to any easements, covenants, conditions, restrictions, or other matters of record now or hereafter imposed upon all or any portion of the Premises; provided, however, as to any future mortgage, deed of trust or other security device to which this Lease is not subordinate at the date of this Lease, such subordination of this Lease is conditioned upon the security thereof. The provisions existence of a non- disturbance covenant in form reasonably acceptable to Tenant whereby the encumbrance holder to whom Xxxxxx subordinates agrees to honor this section to the contrary notwithstanding Xxxxx and so long as Tenant recognize Xxxxxx's rights and interests hereunder, provided Xxxxxx is not in default beyond hereunder. Xxxxxx agrees not violate any applicable cure period hereunder, this Lease shall remain in full force and effect for the full term hereof, and any document subordinating Tenant's interest herein to any ground lease or to the lien of any mortgagee or beneficiary shall so statesuch superior instrument. In the event If any proceedings are brought for default under any such lease or underlying leasehold interest, or in the event of foreclosure or to the exercise of the power of sale under any mortgage or such mortgage, deed of trust made by Landlord covering the premisesor other security device, provided that such purchaser recognizes Tenant's rights under this Lease and assumes Landlord's obligations hereunder, Tenant shall Xxxxxx agrees to attorn to the purchaser upon any of the Premises at such foreclosure or sale and recognize such purchaser as Landlord landlord under this Lease. Landlord shall obtain from If the mortgagee or beneficiary of any current mortgage or future mortgageedeed of trust upon Xxxxxxxx’s interest in the Premises at any time requires that Xxxxxx’s rights hereunder be senior and superior to the lien of such mortgage or deed of trust, Xxxxxx agrees that such mortgagee or beneficiary may, without the signature or further consent of Tenant, execute and place of record an agreementinstrument subordinating the lien of such mortgage or deed of trust to the rights of Tenant hereunder, in recordable formprovided that Xxxxxx is furnished a copy of such instrument, setting forth together with the nondisturbance provisions as stated herein. Within thirty (30) days after written request therefor by Landlord, Tenant agrees to deliver in recordable form a certificate addressed to any proposed mortgagee, beneficiary or purchaser or to Landlord, certifying that this Lease is in full force and effect (if such is the case) and that there are no defenses or offsets thereto (or stating those defenses or offsets) by Tenantpertinent recording information.

Appears in 1 contract

Samples: Lease

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