Subordination Nondisturbance Attornment. If the Premises are, as of the date of this Lease, subject to the lien of any mortgage, any deed of trust, or the interest of any lease in which Landlord is the lessee, then Landlord will provide Tenant with a commercially reasonable agreement (Non-disturbance Agreement) executed by such lienholder that will ensure Xxxxxx’s right to possession of the Premises and other rights granted under this Lease in accordance with this Lease’s terms and conditions. At either party’s option or at the lienholder’s option, such Non- disturbance Agreement will be recordable with the applicable county recorder’s office. Xxxxxx agrees to subordinate this Lease to any future mortgage, trust deed, or ground lease, provided such lienholder executes a commercially reasonable non-disturbance agreement which will ensure Xxxxxx’s right to possession of the Premises and other rights granted under this Lease in accordance with this Lease’s terms and conditions. Landlord hereby represents and warrants that, as of the date of this Lease, there is no mortgage, trust deed, prime lease, or ground lease encumbering the Premises except as disclosed by Landlord to Tenant in writing. If a power of sale under any lien encumbering the Premises is exercised or any proceedings are brought for foreclosure (or, in the case of a master lease, termination) under any such lien, provided Tenant has previously received an executed Non- disturbance Agreement from the lienholder in accordance with this section, then Tenant will attorn to the purchaser or lessor under the lease on any foreclosure, sale, or lease termination and recognize the purchaser or lessor as Landlord under this Lease, provided that the purchaser or lessor acquires and accepts the Premises subject to this Lease.
Subordination Nondisturbance Attornment. This Lease is expressly subject and subordinate to the lien of any deed of trust which may now or hereafter affect the Demised Premises and to all renewals, refinancings, modifications, consolidations, replacements and extensions thereof. Tenant shall, within ten (10) days after receipt of a written request from Landlord, execute any certificate or other document that Landlord or its mortgagee may request in confirmation of such subordination. In consideration of the foregoing, Landlord agrees to secure from its existing mortgagee and from any subsequent mortgagee simultaneously with Tenant executing and delivering any certificate or other document confirming the subordination of this Lease as aforesaid, a recognition-nondisturbance agreement pursuant to which such mortgagee agrees that, notwithstanding any default by Landlord under, or foreclosure of, the deed of trust, provided, and so long as, Tenant is not in default under this Lease, Tenant’s rights under this Lease shall not be disturbed and such mortgagee shall recognize Tenant as tenant of the Demised Premises.
Subordination Nondisturbance Attornment
