Common use of Non-Disturbance and Attornment Clause in Contracts

Non-Disturbance and Attornment. At Landlord’s option, this Lease shall be subject and subordinate to the lien of any deeds of trust in any amount or amounts whatsoever now or hereafter placed on or against the Leased Premises or on or against Landlord’s interest or estate therein, without the necessity of the execution and delivery of any further instruments on the part of Tenant to effectuate such subordination. If any trustee shall elect to have this Lease prior to the lien of its deed of trust, and shall give written notice thereof to Tenant, this Lease shall be deemed prior to such deed of trust, whether this Lease is dated prior or subsequent to the date of the recording thereof. Tenant covenants and agrees to execute and deliver upon demand without charge therefor, such further instruments evidencing such subordination of this Lease to the lien of any such deeds of trust as may be required by Landlord. Notwithstanding the above, Landlord shall use reasonable efforts to obtain from the holder of any deed of trust, in the event this Lease is or shall be subordinate to such deed of trust, in connection with the execution of any subordination agreement, a provision requiring the purchaser at any foreclosure sale to continue this Lease in full force and effect in the same manner as if such purchaser were the Landlord so long as Tenant is not otherwise in default and requiring Tenant to attorn to such purchaser.

Non-Disturbance and Attornment. At Landlord’s option, a. If at the execution of this Lease there are any present mortgage(s), Lien(s) or encumbrance(s) against the Premises, Landlord shall be subject and subordinate have the mortgagee(s), lienholder(s) or other secured party(ies), as a further condition precedent to the lien Commencement Date, execute non-disturbance agreement(s) providing that such holder(s) will recognize Tenant's Lease of the Land and will not disturb Tenant's quiet possession of the Land as long as Tenant is not in default of any deeds of trust in any amount or amounts whatsoever now or hereafter placed on or against the Leased Premises or on or against Landlord’s interest or estate therein, without the necessity of the execution and delivery provisions of this Lease. Before Landlord shall have the right to further encumber the Land or seek any further instruments on modification or extension of existing encumbrances, Landlord must first secure for Tenant's benefit a written non-disturbance agreement, in the part of Tenant to effectuate such subordination. If any trustee shall elect to have this Lease prior to the lien of its deed of trustform set forth above, and shall give written notice thereof to Tenantaccordingly, this Lease shall be deemed prior to such deed of trust, whether this Lease is dated prior or subsequent to the date of the recording thereof. Tenant covenants and agrees to will then execute and deliver upon demand without charge therefor, such further instruments evidencing such subordination of subjecting this Lease to the lien of any such deeds of trust loan or mortgage and agreeing to attorn to said mortgagee(s) based on their priority as may shall be required by Landlord. Notwithstanding the abovesuch mortgagee. b. If Landlord defaults in making payment under any mortgage or mortgages, or if Landlord shall use reasonable efforts to obtain from the holder is in breach or in default of any deed of trustsuch mortgage or mortgages in any respect, in Tenant shall have the event right and option to make all rental payments thereafter becoming due under this Lease is or to the mortgagee in lieu of Landlord, upon notice therefrom, and payments so made shall be subordinate to such deed discharge the obligation of trust, in connection with Tenant hereunder respecting the execution payment of any subordination agreement, a provision requiring the purchaser at any foreclosure sale to continue this Lease in full force and effect in the same manner as if such purchaser were the Landlord so long as Tenant is not otherwise in default and requiring Tenant to attorn to such purchaserBase Rent.

Non-Disturbance and Attornment. At Landlord’s option, a. If at the execution of this Lease there are any present mortgage(s), Lien(s) or encumbrance(s) against the Premises, Landlord shall be subject and subordinate have the mortgagee(s), lienholder(s) or other secured party(ies), as a further condition precedent to the lien Rent Commencement Date, execute nondisturbance agreement(s) providing that such holder(s) will recognize Tenant's Lease of the Land and will not disturb Tenant's quiet possession of the Land as long as Tenant is not in default of any deeds of trust in any amount or amounts whatsoever now or hereafter placed on or against the Leased Premises or on or against Landlord’s interest or estate therein, without the necessity of the execution and delivery provisions of this Lease. Before Landlord shall have the right to further encumber the Land or seek any further instruments on modification or extension of existing encumbrances, Landlord must first secure for Tenant's benefit a written non-disturbance agreement, in the part of Tenant to effectuate such subordination. If any trustee shall elect to have this Lease prior to the lien of its deed of trustform set forth above, and shall give written notice thereof to Tenantaccordingly, this Lease shall be deemed prior to such deed of trust, whether this Lease is dated prior or subsequent to the date of the recording thereof. Tenant covenants and agrees to will then execute and deliver upon demand without charge therefor, such further instruments evidencing such subordination of subjecting this Lease to the lien of any such deeds of trust loan or mortgage and agreeing to attorn to said mortgagee(s) based on their priority as may shall be required by Landlord. Notwithstanding the abovesuch mortgagee. b. If Landlord defaults in making payment under any mortgage or mortgages, or if Landlord shall use reasonable efforts to obtain from the holder is in breach or in default of any deed of trustsuch mortgage or mortgages in any respect, in Tenant shall have the event right and option to make all rental payments thereafter becoming due under this Lease is or to the mortgagee in lieu of Landlord, upon notice therefrom, and payments so made shall be subordinate to such deed discharge the obligation of trust, in connection with Tenant hereunder respecting the execution payment of any subordination agreement, a provision requiring the purchaser at any foreclosure sale to continue this Lease in full force and effect in the same manner as if such purchaser were the Landlord so long as Tenant is not otherwise in default and requiring Tenant to attorn to such purchaserBase Annual Rent.

Non-Disturbance and Attornment. At Landlord’s optionThe execution by Tenant of any subordination agreement pursuant to Section 12.1 above shall be expressly contingent upon the covenant of the mortgagee that should the mortgagee become the owner of the Total Premises by reason of foreclosure of the mortgage or otherwise, this or if the Total Premises shall be sold as a result of any action or proceeding to foreclose the mortgage or by a deed given in lieu of foreclosure, (i) the Lease shall be subject continue in full force and subordinate to the lien of any deeds of trust in any amount or amounts whatsoever now or hereafter placed on or against the Leased Premises or on or against Landlord’s interest or estate thereineffect, without necessity for executing any new lease, as a direct lease between Tenant, as tenant thereunder, and the necessity then owner of the execution Total Premises, as landlord thereunder, upon all of the same terms, covenants and delivery of any further instruments on provisions contained in the part of Tenant to effectuate such subordination. If any trustee shall elect to have this Lease prior to the lien of its deed of trustLease, and shall give written notice thereof to Tenant, this Lease (ii) such new owner shall be deemed prior bound to such deed Tenant under all of trustthe terms, covenants and provisions of this Lease, including any amendments of the Lease whether this Lease is dated prior made before or subsequent to after the date of the recording thereof. Tenant mortgage, which terms, covenants and provisions such new owner hereby agrees to execute assume and deliver upon demand without charge therefor, such further instruments evidencing such subordination of this Lease perform. Subject to the lien of any foregoing, Tenant hereby agrees such deeds of trust as agreement may be required by Landlord. Notwithstanding the above, Landlord shall use reasonable efforts to obtain from the holder of any deed of trust, in the event this Lease is or shall be subordinate to such deed of trust, in connection with the execution of any subordination agreement, a provision requiring the purchaser at any foreclosure sale to continue this Lease in full force and effect in the same manner as if such purchaser were the Landlord so long as Tenant is not otherwise in default and requiring require Tenant to attorn to such purchasernew owner and to recognize such new owner as Landlord under this Lease provided that such attornment shall not relieve Landlord of any of its liabilities to Tenant arising under the Lease prior to such attornment.