Common use of SUBORDINATE LEASES Clause in Contracts

SUBORDINATE LEASES. Each Lease executed after the date hereof shall be absolutely subordinate to the lien of this Deed To Secure Debt and shall also contain a provision, satisfactory to Grantee, to the effect that Grantee may elect to make the Lease superior to this Deed To Secure Debt and to require the tenant to attorn to Grantee. If requested to do so, the tenant shall agree to enter into a new Lease for the balance of the term upon the same terms and conditions. If Grantee requests, Grantor shall, to the extent allowed under the Lease, cause a tenant or tenants to enter into subordination and attornment agreements or nondisturbance agreements with Grantee on forms which have been approved by Grantee. Grantee acknowledges that certain of the Existing Leases provide that the subordination of the Lease is subject to the execution and delivery by Grantee and tenant of a Subordination, Non-Disturbance and Attornment Agreement ("SNDA") with respect to those Leases. Grantee agrees to provide a SNDA with those tenants if Grantee requires that such lease must be subordinate to the Deed To Secure Debt. In addition, Grantee agrees to provide a non-disturbance agreement to any tenant of over 10,000 square feet, provided Grantee has approved such lease and such tenant to whom non-disturbance is granted executes Grantee's standard form of non-disturbance agreement or such form reasonably satisfactory to Grantee.

SUBORDINATE LEASES. Each Lease executed after hereafter entered into affecting the date hereof Property shall be absolutely subordinate to the lien of this Deed To Secure Debt of Trust and shall also contain a provision, satisfactory to GranteeBeneficiary, to the effect that Grantee (a) Beneficiary may elect to make the such Lease superior to the lien of this Deed To Secure Debt of Trust and to require (b) in the event of the judicial or non judicial foreclosure of the Property, at the election of the acquiring foreclosure purchaser, the particular Lease shall not be terminated and the tenant to shall attorn to Granteethe purchaser subject to the terms of such Lease. If requested to do so, the tenant shall agree to enter into a new Lease for the balance of the term upon the same terms and conditions. If Grantee Beneficiary requests, Grantor shall, to the extent allowed under the Lease, shall cause a tenant or tenants to enter into subordination and attornment agreements or nondisturbance agreements agreement with Grantee Beneficiary on forms which have been approved by Grantee. Grantee acknowledges that certain Beneficiary and Beneficiary shall negotiate such forms in good faith at Grantor’s cost, including payment of the Existing Leases provide that the subordination reasonable fees of the Lease is subject to the execution and delivery by Grantee and tenant of a SubordinationBeneficiary’s counsel. In addition, Non-Disturbance and Attornment Agreement ("SNDA") with respect to those Leases. Grantee Beneficiary agrees to provide a SNDA with those tenants if Grantee requires that such lease must be subordinate to the Deed To Secure Debt. In addition, Grantee agrees to provide a non-disturbance nondisturbance agreement to any tenant (and to negotiate such agreement in good faith at Grantor’s cost, including payment of over 10,000 square feetthe reasonable fees of Beneficiary’s counsel), provided Grantee that such tenant’s Lease is approved by Beneficiary. Following the date hereof, Grantor shall request and use reasonable efforts to obtain a subordination, nondisturbance and attornment agreement on forms which have been approved by Beneficiary from each tenant under a Lease in effect on the date hereof who has approved not yet provided such lease and such tenant to whom non-disturbance is granted executes Grantee's standard form of non-disturbance agreement or such form reasonably satisfactory to Granteean agreement.

SUBORDINATE LEASES. Each Lease executed after affecting the date hereof Property shall be absolutely subordinate to the lien of this Deed To Secure Debt of Trust and each Lease affecting the Property that is entered into subsequent to the date hereof shall also contain a provision, satisfactory to GranteeBeneficiary, to the effect that Grantee (a) Beneficiary may elect to make the such Lease superior to the lien of this Deed To Secure Debt of Trust and to require (b) in the event of the judicial or non-judicial foreclosure of the Property, at the election of the acquiring foreclosure purchaser, the particular Lease shall not be terminated and the tenant to shall attorn to Granteethe purchaser subject to the terms of such Lease. If requested to do so, the tenant shall agree to enter into a new Lease for the balance of the term upon the same terms and conditions. If Grantee Beneficiary requests, Grantor shall, to the extent allowed under the Lease, Trustor shall cause a tenant or tenants to enter into subordination and attornment agreements or nondisturbance agreements agreement with Grantee Beneficiary on forms which have been approved by Grantee. Grantee acknowledges Beneficiary (as reasonably negotiated by Beneficiary), provided, however, that certain of the Existing Leases provide that the subordination of the Lease is subject to the execution and delivery by Grantee and tenant of a Subordination, Non-Disturbance and Attornment Agreement ("SNDA") with respect to those Leases. Grantee any Lease entered into after the date hereof which complies with this Deed of Trust, including the Leasing Guidelines, Beneficiary agrees to provide a SNDA with those tenants if Grantee requires that such lease must be subordinate to the Deed To Secure Debt. In addition, Grantee agrees to provide a non-disturbance agreement to any tenant of over 10,000 square feet, provided Grantee has approved such lease and such tenant to whom non-disturbance is granted executes Grantee's execute Beneficiary’s standard form of non-disturbance nondisturbance agreement or (as reasonably negotiated by Beneficiary), at no cost to Beneficiary. Without limiting the foregoing, Trustor shall pay all reasonable fees, costs, and expenses (including reasonable attorneys’ fees and expenses) incurred by Beneficiary in connection with preparing and negotiating all such form reasonably satisfactory to Granteeagreements.

SUBORDINATE LEASES. Each Lease executed after affecting the date hereof Property shall be absolutely subordinate to the lien of this Deed To Secure Debt of Trust and each Lease affecting the Property that is entered into subsequent to the date hereof shall also contain a provision, satisfactory to GranteeBeneficiary, to the effect that Grantee (a) Beneficiary may elect to make the such Lease superior to the lien of this Deed To Secure Debt of Trust and to require (b) in the event of the judicial or non-judicial foreclosure of the Property, at the election of the acquiring foreclosure purchaser, the particular Lease shall not be terminated and the tenant to shall attorn to Granteethe purchaser subject to the terms of such Lease. If requested to do so, the tenant shall agree to enter into a new Lease for the balance of the term upon the same terms and conditions. If Grantee Beneficiary requests, Grantor shall, to the extent allowed under the Lease, Trustor shall cause a tenant or tenants to enter into subordination and attornment agreements or nondisturbance agreements agreement with Grantee Beneficiary on forms which have been approved by Grantee. Grantee acknowledges Beneficiary, provided, however, that certain of the Existing Leases provide that the subordination of the Lease is subject to the execution and delivery by Grantee and tenant of a Subordination, Non-Disturbance and Attornment Agreement ("SNDA") with respect to those Leases. Grantee any Lease entered into after the date hereof which complies with this Deed of Trust, including the Leasing Guidelines, Beneficiary agrees to provide a SNDA with those tenants if Grantee requires that such lease must be subordinate to the Deed To Secure Debt. In addition, Grantee agrees to provide a non-disturbance agreement to any tenant of over 10,000 square feet, provided Grantee has approved such lease and such tenant to whom non-disturbance is granted executes Granteeexecute Beneficiary's standard form of non-disturbance agreement or such form reasonably satisfactory nondisturbance agreement, at no cost to GranteeBeneficiary.

SUBORDINATE LEASES. Each Lease executed after hereafter entered into affecting the date hereof Property shall be absolutely subordinate to the lien of this Deed To Secure Debt of Trust and shall also contain a provision, satisfactory to GranteeBeneficiary, to the effect that Grantee (a) Beneficiary may elect to make the such Lease superior to the lien of this Deed To Secure Debt of Trust and to require (b) in the event of the judicial or non-judicial foreclosure of the Property, at the election of the acquiring foreclosure purchaser, the particular Lease shall not be terminated and the tenant to shall attorn to Granteethe purchaser subject to the terms of such Lease. If requested to do so, the tenant shall agree to enter into a new Lease for the balance of the term upon the same terms and conditions. If Grantee Beneficiary requests, Grantor shall, to the extent allowed under the Lease, shall cause a tenant or tenants to enter into subordination and attornment agreements or nondisturbance agreements agreement with Grantee Beneficiary on forms which have been approved by Grantee. Grantee acknowledges that certain Beneficiary and Beneficiary shall negotiate such forms in good faith at Grantor’s cost, including payment of the Existing Leases provide that the subordination reasonable fees of the Lease is subject to the execution and delivery by Grantee and tenant of a SubordinationBeneficiary’s counsel. In addition, Non-Disturbance and Attornment Agreement ("SNDA") with respect to those Leases. Grantee Beneficiary agrees to provide a SNDA with those tenants if Grantee requires that such lease must be subordinate to the Deed To Secure Debt. In addition, Grantee agrees to provide a non-disturbance nondisturbance agreement to any tenant (and to negotiate such agreement in good faith at Grantor’s cost, including payment of over 10,000 square feetthe reasonable fees of Beneficiary’s counsel), provided Grantee that such tenant’s Lease is approved by Beneficiary. Following the date hereof, Grantor shall request and use reasonable efforts to obtain a subordination, nondisturbance and attornment agreement on forms which have been approved by Beneficiary from each tenant under a Lease demising in excess of 8,000 square feet of rentable floor area in effect on the date hereof who has approved not yet provided such lease and such tenant to whom non-disturbance is granted executes Grantee's standard form of non-disturbance agreement or such form reasonably satisfactory to Grantee.an agreement

SUBORDINATE LEASES. Each Lease executed affecting the Property entered into after the date hereof shall be absolutely subordinate to the lien of this Deed To Secure Debt and shall also contain a provision, satisfactory to Grantee, to the effect that Grantee may elect to make the Lease superior to this Deed To to Secure Debt and to require the tenant to attorn to Granteethe purchaser. If either (i) the terms of the applicable subordination, non-disturbance and attornment agreement so provides, or (ii) the terms of the applicable lease so provides, or (iii) the applicable lease is executed after the date of recording hereof, then if requested to do so, the tenant shall agree to enter into a new Lease for the balance of the term upon the same terms and conditions. If Grantee requests, Grantor shall, to the extent allowed under the Lease, shall cause a tenant or tenants to enter into subordination and attornment agreements or nondisturbance agreements agreement with Grantee on forms which have been approved by Grantee. Grantee acknowledges that certain of the Existing Leases provide that the subordination of the Lease is subject to the execution and delivery by Grantee and tenant of a Subordination, Non-Disturbance and Attornment Agreement ("SNDA") with respect to those Leases. Grantee agrees to provide a SNDA with those tenants if Grantee requires that such lease must be subordinate to the Deed To Secure Debt. In addition, Grantee agrees to will provide a non-disturbance agreement to any tenant of over 10,000 square feeton Grantee's form; provided, provided however, Grantee has approved shall not be obligated to execute such lease and such non-disturbance agreements if changes have been made to the standard form. Any tenant to whom non-disturbance is granted executes shall execute Grantee's standard form of non-disturbance agreement or such form reasonably satisfactory to Granteeagreement.