SUBORDINATE LEASES. Each Lease 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 Secure Debt and to require the tenant to attorn to the 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 cause a tenant or tenants to enter into subordination and attornment agreements or nondisturbance agreement with Grantee on forms which have been approved by Grantee. Grantee will provide a non-disturbance agreement to any tenant on Grantee's form; provided, however, Grantee shall not be obligated to execute such non-disturbance agreements if changes have been made to the standard form. Any tenant to whom non-disturbance is granted shall execute Grantee's standard form of non-disturbance agreement.
Appears in 1 contract
Samples: Deed to Secure Debt, Security Agreement and Fixture Filing (Koger Equity Inc)
SUBORDINATE LEASES. Each Lease hereafter entered into affecting the Property entered into after the date hereof 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 the purchaser. If either (i) purchaser subject to 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 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 cause a tenant or tenants to enter into subordination and attornment agreements or nondisturbance agreement with Grantee Beneficiary on forms which have been approved by GranteeBeneficiary and Beneficiary shall negotiate such forms in good faith at Grantor’s cost, including payment of the reasonable fees of Beneficiary’s counsel. Grantee will In addition, Beneficiary 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 the reasonable fees of Beneficiary’s counsel), provided 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 Grantee's form; provided, however, Grantee shall not be obligated to execute such non-disturbance agreements if changes forms which have been made to 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 standard form. Any tenant to whom non-disturbance is granted shall execute Grantee's standard form of non-disturbance date hereof who has not yet provided such an agreement.
Appears in 1 contract
Samples: Deed of Trust, Security Agreement and Fixture Filing (Wells Real Estate Investment Trust Inc)
SUBORDINATE LEASES. Each Lease hereafter entered into affecting the Property entered into after the date hereof 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 the purchaser. If either (i) purchaser subject to 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 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 cause a tenant or tenants to enter into subordination and attornment agreements or nondisturbance agreement with Grantee Beneficiary on forms which have been approved by GranteeBeneficiary and Beneficiary shall negotiate such forms in good faith at Grantor’s cost, including payment of the reasonable fees of Beneficiary’s counsel. Grantee will In addition, Beneficiary 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 the reasonable fees of Beneficiary’s counsel), provided 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 Grantee's form; provided, however, Grantee shall not be obligated to execute such non-disturbance agreements if changes forms which have been made to approved by Beneficiary from each tenant under a Lease in effect on the standard form. Any tenant to whom non-disturbance is granted shall execute Grantee's standard form of non-disturbance date hereof who has not yet provided such an agreement.
Appears in 1 contract
Samples: Deed of Trust (Wells Real Estate Investment Trust Inc)
SUBORDINATE LEASES. Each Lease affecting the Property entered into 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 To Secure Debt and to require the tenant to attorn to the purchaserGrantee. 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 shall, to the extent allowed under the Lease, cause a tenant or tenants to enter into subordination and attornment agreements or nondisturbance agreement agreements with Grantee on forms which have been approved by Grantee. Grantee will 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 on Grantee's form; providedof over 10,000 square feet, however, provided Grantee shall not be obligated to execute has approved such non-disturbance agreements if changes have been made to the standard form. Any lease and such tenant to whom non-disturbance is granted shall execute executes Grantee's standard form of non-disturbance agreementagreement or such form reasonably satisfactory to Grantee.
Appears in 1 contract
Samples: Deed to Secure Debt and Security Agreement (Koger Equity Inc)