Common use of Subordination to Mortgage Clause in Contracts

Subordination to Mortgage. This Lease is and shall be subject and subordinate to any mortgage and/or deed of trust created by Landlord, whether presently existing or hereafter arising upon the Premises, or upon the Building, and to any renewals, refinancing and extensions thereof, but Tenant agrees that any such mortgagee shall have the right at any time to subordinate such mortgage and/or deed of trust to this lease on such terms and subject to such conditions as such mortgagee may deem appropriate in its discretion. Landlord is hereby irrevocably vested with full power and authority to subordinate this Lease to any mortgage and/or deed of trust now existing or hereafter placed upon the Premises, or the Building as a whole, and Tenant agrees upon demand to execute such further instruments subordinating this Lease or attorning to the holder of any such liens as Landlord may reasonably request. The terms of this Lease are subject to approval by the Landlord’s lender(s), and such approval is a condition precedent to Landlord’s obligations hereunder. In addition, all leases of portions of the Building will be subordinate to such lender(s), mortgage(s). In the event that Tenant should fail to execute any subordination or other agreement required by this Paragraph, promptly as requested, Tenant hereby irrevocably constitutes Landlord as its attorney-in-fact to execute such instrument in Tenant’s name, place and stead, it being agreed that such power is one coupled with an interest. Tenant agrees that it may from time to time, upon request by Landlord, execute and deliver to such persons as Landlord shall reasonably request, a statement in recordable form certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as so modified), stating the dates to which rent and other charges payable under this Lease have been paid, stating that Landlord is not in default hereunder (or if Tenant alleges a default stating the nature of such alleged default) and further stating such other matters as Landlord or its mortgagee(s) shall reasonably require. Tenant shall, in the event of the sale or assignment of Landlord’s interest in the Building of which the Premises form a part, (providing Landlord is not then in default) or in the event of any proceedings brought for the foreclosure of, or in the event of exercise of the power of sale under, any mortgage made by Landlord covering the Premises, attorn to the purchaser and recognize such purchaser as Landlord under this Lease. Landlord shall, however, if requested by the Tenant, obtain a covenant of non-disturbance from any mortgagee for the benefit of the Tenant. Said covenant of nondisturbance shall state that, providing the Tenant is not then in default of this Lease, the mortgagee, upon taking title to the property by foreclosure or by deed in lieu thereto will not disturb the Tenant’s peaceful use and enjoyment of the Premises and that the mortgagee shall assume the Landlord’s obligations hereunder from the date mortgagee takes title to the property.

Subordination to Mortgage. This Tenant accepts this Lease is and shall be subject and subordinate to any mortgage and/or mortgage, deed of trust created by Landlord, whether or other lien presently existing or hereafter arising upon the Premises, or upon the Building, Building and/or the Property and to any renewals, refinancing modifications, consolidations, refinancing, and extensions thereof, but Tenant agrees that any such mortgagee shall have the right at any time to subordinate such mortgage and/or mortgage, deed of trust or other lien to this lease Lease on such terms and subject to such conditions as such mortgagee may deem appropriate in its discretion. Landlord is hereby irrevocably vested with full power and authority to subordinate this Lease to any mortgage and/or mortgage, deed of trust or other lien now existing or hereafter placed upon the Premises, or the Building as a whole, and/or the Property and Tenant agrees upon demand to execute such further instruments subordinating this Lease or attorning to the holder of any such liens as Landlord may reasonably request. The terms of this Lease are subject to approval by the Landlord’s 's permanent lender(s), and such approval is a condition precedent to Landlord’s 's obligations hereunder. In addition, all leases of portions of the Building will be subordinate to such lender(s), mortgage(s). In the event that Tenant should fail to execute any subordination or other agreement required by this Paragraph, Paragraph promptly as requested, Tenant hereby irrevocably constitutes Landlord as its attorney-in-fact to execute such instrument in Tenant’s 's name, place and stead, it being agreed that such power is one coupled with an interest. Tenant agrees that it may will from time to time, time upon request by Landlord, Landlord execute and deliver to such persons as Landlord shall reasonably request, request a statement in recordable form certifying that this Lease is unmodified and in full force and effect (or or, if there have been modifications, that the same is in full force and effect as so modified), stating the dates to which rent Rent and other charges payable under this Lease have been paid, stating that the Landlord is not in default hereunder (or if Tenant alleges a default stating the nature of such alleged default) and further stating such other matters as Landlord or its mortgagee(s) shall reasonably require. Tenant shall, in the event of the sale or assignment of Landlord’s interest in the Building of which the Premises form a part, (providing Landlord is not then in default) or in the event of any proceedings brought for the foreclosure of, or in the event of exercise of the power of sale under, any mortgage made by Landlord covering the Premises, attorn to the purchaser and recognize such purchaser as Landlord under this Lease. Landlord shall, however, if requested by the Tenant, obtain a covenant of non-disturbance from any mortgagee for the benefit of the Tenant. Said covenant of nondisturbance shall state that, providing the Tenant is not then in default of this Lease, the mortgagee, upon taking title to the property by foreclosure or by deed in lieu thereto will not disturb the Tenant’s peaceful use and enjoyment of the Premises and that the mortgagee shall assume the Landlord’s obligations hereunder from the date mortgagee takes title to the property.

Subordination to Mortgage. This Tenant accepts this Lease is and shall be subject and ------------------------- subordinate to any mortgage and/or mortgage, deed of trust created by Landlord, whether or other lien presently existing or hereafter arising upon the Premises, upon the Building or upon the BuildingProject as a whole, and to any renewals, refinancing and extensions thereof, but Tenant agrees that any such mortgagee shall have the right at any time to subordinate such mortgage and/or mortgage, deed of trust or other lien to this lease Lease on such terms and subject to such conditions as such mortgagee may reasonably deem appropriate in its discretionappropriate. Landlord is hereby irrevocably vested with full power and authority to subordinate this Lease to any mortgage and/or deed of trust now existing or hereafter placed upon the Premises, or the Building as a whole, and Tenant agrees upon demand to execute such further instruments subordinating this Lease or attorning to the holder of any such liens as Landlord may reasonably request. The terms of this Lease are subject to approval by the Landlord’s Building's permanent lender(s), and such approval is a condition precedent to Landlord’s 's obligations hereunder. In additionNotwithstanding Tenant's obligation to subordinate and attorn under this paragraph, all leases of portions upon any default by Landlord under any interest, right, or encumbrance superior to this Lease, this Lease shall continue in conformance with its terms and Tenant's quiet possession of the Building will Premises shall not be subordinate to such lender(s), mortgage(s). In the event that disturbed provided Tenant should fail to execute any subordination or other agreement required by is not in default under Paragraph 27(a) of this Paragraph, promptly as requested, Tenant hereby irrevocably constitutes Landlord as its attorney-in-fact to execute such instrument in Tenant’s name, place and stead, it being agreed that such power is one coupled with an interestLease. Tenant agrees that it may will from time to time, time upon request by Landlord, Landlord execute and deliver to such persons as Landlord shall reasonably request, request a statement in recordable form certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as so modified), stating the dates to which rent and other charges payable under this Lease lease have been paid, stating that that, to Tenant's knowledge, Landlord is not in default hereunder (or if Tenant alleges a default stating the nature of such alleged default) and further stating such other matters as Landlord or its mortgagee(s) shall reasonably require. Tenant shall, in the event of the sale or assignment of Landlord’s interest in the Building of which the Premises form a part, (providing Landlord is not then in default) or in the event of any proceedings brought for the foreclosure of, or in the event of exercise of the power of sale under, any mortgage made by Landlord covering the Premises, attorn to the purchaser and recognize such purchaser as Landlord under this Lease. Landlord shall, however, if requested by the Tenant, obtain a covenant of non-disturbance from any mortgagee for the benefit of the Tenant. Said covenant of nondisturbance shall state that, providing the Tenant is not then in default of this Lease, the mortgagee, upon taking title to the property by foreclosure or by deed in lieu thereto will not disturb the Tenant’s peaceful use and enjoyment of the Premises and that the mortgagee shall assume the Landlord’s obligations hereunder from the date mortgagee takes title to the property.

Subordination to Mortgage. This The rights and interest of Lessee under this Lease is and any and all liens, rights and interests (whether xxxxxx or inchoate and including, without limitation, all mechanic’s and materialmen’s liens under applicable law) owed, claimed or held, by Lessee in and to the Leased Property, are and shall be subject in all respects subject, subordinate and subordinate inferior to any mortgage and/or deed the Loan and the Loan Documents and to the liens, security interests and all other rights and interests created or to be created therein or thereby for the benefit of trust created by Landlord, whether presently existing or hereafter arising upon the Premises, or upon the BuildingLender, and securing the repayment of the Loan including, without limitation, those created under the Mortgage covering, amount other things, the Leased Property, and filed or to any be filed of record in the public records maintained for the recording of mortgages in the jurisdiction where the Leased Property is located, and all renewals, refinancing extensions, increases, supplements, spreaders, consolidations, amendments, modifications and extensions thereofreplacements thereof and to all sums secured thereby and advances made thereunder with the same force and effect as if the Loan had been executed and delivered and the Mortgage recorded prior to the execution and delivery of this Lease. Lender, but Tenant agrees that any such mortgagee shall have the right at any time to subordinate such mortgage and/or deed of trust to this lease on such terms Lender’s option and subject to such conditions as such mortgagee may deem appropriate in its sole discretion. Landlord is hereby irrevocably vested with full power , may elect to give the rights and authority to subordinate interest of Lessee under this Lease to any mortgage and/or deed of trust now existing or hereafter placed upon priority over the Premises, or the Building as a whole, and Tenant agrees upon demand to execute such further instruments subordinating this Lease or attorning to the holder of any such liens as Landlord may reasonably request. The terms of this Lease are subject to approval by the Landlord’s lender(s), and such approval is a condition precedent to Landlord’s obligations hereunder. In addition, all leases of portions lien of the Building will be subordinate to such lender(s), mortgage(s)Mortgage. In the event that Tenant should fail of such election, the rights and interest of Lessee under this Lease automatically shall have priority over the lien of the Mortgage and no additional consent or instrument shall be necessary or required. However, Lessee agrees to execute any subordination or other agreement required and deliver whatever instruments may be reasonably requested by this ParagraphLender for such purposes, promptly and in the event Lessee fails so to do after demand in writing, Lessee does hereby make, constitute and irrevocably appoint Lessor as requested, Tenant hereby irrevocably constitutes Landlord as its Lessee’s attorney-in-fact to execute such instrument and in Tenant’s its name, place and stead, it being agreed that such power is one coupled with an interest. Tenant agrees that it may from time stead so to time, upon request by Landlord, execute and deliver to such persons as Landlord shall reasonably request, a statement in recordable form certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as so modified), stating the dates to which rent and other charges payable under this Lease have been paid, stating that Landlord is not in default hereunder (or if Tenant alleges a default stating the nature of such alleged default) and further stating such other matters as Landlord or its mortgagee(s) shall reasonably require. Tenant shall, in the event of the sale or assignment of Landlord’s interest in the Building of which the Premises form a part, (providing Landlord is not then in default) or in the event of any proceedings brought for the foreclosure of, or in the event of exercise of the power of sale under, any mortgage made by Landlord covering the Premises, attorn to the purchaser and recognize such purchaser as Landlord under this Lease. Landlord shall, however, if requested by the Tenant, obtain a covenant of non-disturbance from any mortgagee for the benefit of the Tenant. Said covenant of nondisturbance shall state that, providing the Tenant is not then in default of this Lease, the mortgagee, upon taking title to the property by foreclosure or by deed in lieu thereto will not disturb the Tenant’s peaceful use and enjoyment of the Premises and that the mortgagee shall assume the Landlord’s obligations hereunder from the date mortgagee takes title to the propertydo.

Subordination to Mortgage. This Tenant accepts this Lease is and shall be subject and subordinate to any mortgage and/or mortgage, deed of trust created by Landlord, whether or other lien presently existing or hereafter arising upon the Premises, upon the Building or upon the BuildingProject as a whole, and to any renewals, refinancing and extensions thereof, but Tenant agrees that any such mortgagee shall have the right at any time to subordinate such mortgage and/or mortgage, deed of trust or other lien to this lease Lease on such terms and subject to such conditions as such mortgagee may deem appropriate in its discretion. Landlord is hereby irrevocably vested with full power and authority to subordinate this Lease to any mortgage and/or mortgage, deed of trust or other lien now existing or hereafter placed upon the Premises, the Building or the Building Project as a whole, and Tenant agrees upon demand to execute such further instruments subordinating this Lease or attorning to the holder of any such liens as Landlord may reasonably request. The terms of this Lease are subject to approval by the Landlord’s Building's permanent lender(s), and such approval is a condition precedent to Landlord’s 's obligations hereunder. In addition, all leases of portions of the Building will be subordinate to such lender(s), mortgage(s). In the event that Tenant should fail to execute any instrument of subordination or other agreement herein required to be executed by this Paragraph, Tenant promptly as requested, Tenant hereby irrevocably constitutes Landlord as its attorney-in-fact to execute such instrument in Tenant’s 's name, place and stead, it being agreed that such power is one coupled with an interest. Tenant agrees that it may will from time to time, time upon request by Landlord, Landlord execute and deliver to such persons as Landlord shall reasonably request, request a statement in recordable form certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as so modified), stating the dates to which rent and other charges payable under this Lease lease have been paid, stating that Landlord is not in default hereunder (or if Tenant alleges a default stating the nature of such alleged default) and further stating such other matters as Landlord or its mortgagee(s) shall reasonably require. Tenant shall, in the event of the sale or assignment of Landlord’s interest in the Building of which the Premises form a part, (providing Landlord is not then in default) or in the event of any proceedings brought for the foreclosure of, or in the event of exercise of the power of sale under, any mortgage made by Landlord covering the Premises, attorn to the purchaser and recognize such purchaser as Landlord under this Lease. Landlord shall, however, if requested by the Tenant, obtain a covenant of non-disturbance from any mortgagee for the benefit of the Tenant. Said covenant of nondisturbance shall state that, providing the Tenant is not then in default of this Lease, the mortgagee, upon taking title to the property by foreclosure or by deed in lieu thereto will not disturb the Tenant’s peaceful use and enjoyment of the Premises and that the mortgagee shall assume the Landlord’s obligations hereunder from the date mortgagee takes title to the property.

Subordination to Mortgage. This Lease is and shall be subject and subordinate to any mortgage and/or mortgage, deed of trust or other lien created by Landlord, whether presently existing or hereafter arising upon the Premises, or upon the Building, Building and to any renewals, refinancing and extensions thereof, but Tenant agrees that any such mortgagee shall have the right at any time to subordinate such mortgage and/or mortgage, deed of trust or other lien to this lease Lease on such terms and subject to such conditions as such mortgagee may deem appropriate in its discretion. Landlord ; provided that Tenant is hereby irrevocably vested with full power and authority to subordinate this Lease to given from any mortgage and/or Landlord's mortgagee or holder of a deed of trust now existing or hereafter placed upon the Premisesother lien created by Landlord a non-disturbance, or the Building as a wholerecognition, and Tenant agrees upon demand to execute such further instruments subordinating attornment agreement in recordable form that provides that Tenant's possession of the Premises and its rights under this Lease will not be disturbed or attorning to affected in the holder event of any such liens as Landlord may reasonably requesta foreclosure. The terms of this Lease are subject to approval by the Landlord’s 's permanent lender(s), and such approval is a condition precedent to Landlord’s 's obligations hereunder. In addition, all leases of portions of the Building will be subordinate to such lender(s), mortgage(s). In the event that Tenant should fail to execute any subordination or other agreement required by this Paragraph, promptly as requested, Tenant hereby irrevocably constitutes Landlord as its attorney-in-fact to execute such instrument in Tenant’s name, place and stead, it being agreed that such power is one coupled with an interest. Tenant agrees that it may will from time to time, time upon request by Landlord, Landlord execute and deliver to such persons as Landlord shall reasonably request, request a statement in recordable form certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, modifications that the same is in full force and effect as so modified), ) stating the dates to which rent and other charges payable under this Lease have been paid, stating that Landlord is not in default hereunder (or if Tenant alleges a default stating the nature of such alleged default) ), and further stating such other matters as Landlord or its mortgagee(s) shall reasonably require. Tenant shall, in the event of the sale or assignment of Landlord’s 's interest in the Building of which the Premises form a part, (providing Landlord is not then in default) or in the event of any proceedings brought for the foreclosure of, or in the event of exercise of the power of sale under, any mortgage made by Landlord covering the Premises, Premises attorn to the purchaser and recognize such purchaser as Landlord under this Lease. Landlord shall, however, if requested by the Tenant, obtain a covenant of non-disturbance from any mortgagee for the benefit of the Tenant. Said covenant of nondisturbance shall state that, providing the Tenant is not then in default of this Lease, the mortgagee, upon taking title to the property by foreclosure or by deed in lieu thereto will not disturb the Tenant’s peaceful use and enjoyment of the Premises and that the mortgagee shall assume the Landlord’s obligations hereunder from the date mortgagee takes title to the property.

Subordination to Mortgage. This Lease is and shall be subject and subordinate to any mortgage and/or mortgage, deed of trust or other lien created by Landlord, whether presently existing or hereafter arising upon the Premises, or upon the Building, and to any renewals, refinancing refinancing, and extensions thereof, but Tenant agrees that any such mortgagee shall have the right at any time to subordinate such mortgage and/or mortgage, deed of or trust or other lien to this lease Lease on such terms and subject to such conditions as such mortgagee may deem appropriate in its discretion. Landlord is hereby irrevocably vested with full power and authority to subordinate this Lease to any mortgage and/or mortgage, deed of trust or other lien now existing or hereafter placed upon the Premises, or the Building as a whole, and Tenant agrees upon demand to execute such further instruments subordinating this Lease or attorning to the holder of any such liens as Landlord may reasonably request. The terms of this Lease are subject to approval by the Landlord’s lender(s)'s permanent lender, and such approval is a condition precedent to Landlord’s 's obligations hereunder. In addition, all leases of portions of the Building will be subordinate to such lender(s), mortgage(s). In the event that Tenant should fail to execute any subordination or other agreement required by this Paragraph, promptly as requested, Tenant hereby irrevocably constitutes Landlord as its attorney-in-fact to execute such instrument in Tenant’s 's name, place and stead, it being agreed that such power is one coupled with an interest. Tenant agrees that it may will from time to time, time upon request by Landlord, Landlord execute and deliver to such persons as Landlord shall reasonably request, request a statement in recordable form certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as so modified), stating the dates to which rent Rent and other charges payable under this Lease have been paid, stating that Landlord is not in default hereunder (or if Tenant alleges a default stating the nature of such alleged default) and further stating such other matters as Landlord or its mortgagee(s) mortgagees shall reasonably require. Tenant shall, in the event of the sale or assignment of Landlord’s 's interest in the Building of which the or Premises form a part, (providing Landlord is not then in default) or in the event of any proceedings brought for the foreclosure of, or in the event of exercise of the power of sale under, any mortgage made by Landlord covering the Premises, attorn to the purchaser and recognize such purchaser as Landlord under this Lease. Landlord shall, however, if requested by the Tenant, obtain a covenant of non-disturbance from any mortgagee for the benefit of the Tenant. Said covenant of nondisturbance shall state that, providing the Tenant is not then in default of this Lease, the mortgagee, upon taking title to the property by foreclosure or by deed in lieu thereto will not disturb the Tenant’s peaceful use and enjoyment of the Premises and that the mortgagee shall assume the Landlord’s obligations hereunder from the date mortgagee takes title to the property.

Subordination to Mortgage. This Lease is and shall be Licensee accepts this License subject and subordinate to any mortgage and/or mortgage, deed of trust created by Landlord, whether or other lien presently existing or hereafter arising upon the PremisesConduit, or upon the Building, Building and/or the Property and to any renewals, refinancing modifications, consolidations, refinancing, and extensions thereof, but Tenant Licensee agrees that any such mortgagee shall have the right at any time to subordinate such mortgage and/or mortgage, deed of trust or other lien to this lease License on such terms and subject to such conditions as such mortgagee may deem appropriate in its discretion. Landlord Owner is hereby irrevocably vested with full power and authority to subordinate this Lease License to any mortgage and/or mortgage, deed of trust or other lien now existing or hereafter placed upon the PremisesConduit, or the Building as a whole, and/or the Property and Tenant Licensee agrees upon demand to execute such further instruments subordinating this Lease License or attorning to the holder of any such liens as Landlord Owner may reasonably request. The terms of this Lease are subject to approval by the Landlord’s lender(s), and such approval is a condition precedent to Landlord’s obligations hereunder. In addition, all leases of portions of the Building will be subordinate to such lender(s), mortgage(s). In the event that Tenant Licensee should fail to execute any subordination or other agreement required by this Paragraph, Paragraph promptly as requested, Tenant hereby irrevocably constitutes Landlord as its attorney-in-fact Licensee shall be deemed to execute such instrument be in Tenant’s name, place and stead, it being agreed that such power is one coupled with an interestdefault of this License. Tenant Licensee agrees that it may will from time to time, time upon request by Landlord, Owner execute and deliver to such persons as Landlord Owner shall reasonably request, request a statement in recordable form certifying that this Lease License is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as so modified), stating the dates to which rent and other charges payable under this Lease have been paid, stating that Landlord Owner is not in default hereunder (or if Tenant Licensee alleges a default stating the nature of such alleged default) and further stating such other matters as Landlord or its mortgagee(s) Owner shall reasonably require. Tenant shall, in the event of the sale or assignment of Landlord’s interest in the Building of which the Premises form a part, (providing Landlord is not then in default) or in the event of any proceedings brought for the foreclosure of, or in the event of exercise of the power of sale under, any mortgage made by Landlord covering the Premises, attorn to the purchaser and recognize such purchaser as Landlord under this Lease. Landlord shall, however, if requested by the Tenant, obtain a covenant of non-disturbance from any mortgagee for the benefit of the Tenant. Said covenant of nondisturbance shall state that, providing the Tenant is not then in default of this Lease, the mortgagee, upon taking title to the property by foreclosure or by deed in lieu thereto will not disturb the Tenant’s peaceful use and enjoyment of the Premises and that the mortgagee shall assume the Landlord’s obligations hereunder from the date mortgagee takes title to the property.

Subordination to Mortgage. 25.1 This Lease is and shall be subject and subordinate at all times to any mortgage and/or deed of trust created by LandlordLandlord mortgage, whether presently existing or hereafter arising upon the Premises, Premises or upon the Building, Building and to any renewals, refinancing and modifications, refinances or extensions thereof, but Tenant agrees that any such mortgagee shall have the right at any time to subordinate such mortgage and/or deed of trust to this lease on such terms and subject to such conditions as such mortgagee may deem appropriate in its discretion. . 25.2 Landlord is hereby irrevocably vested with full power and authority to subordinate this Lease to any mortgage and/or deed of trust mortgage, now existing or hereafter placed upon the Premises, Premises or the Building as a whole, and Tenant agrees upon demand to execute such further instruments subordinating this the Lease or attorning to the holder of any such liens lien as Landlord may reasonably request. The terms of this Lease are subject to approval by the Landlord’s lender(s), and such approval is a condition precedent to Landlord’s obligations hereunder. In addition, all leases of portions of the Building will be subordinate to such lender(s), mortgage(s). In the event that . 25.3 If Tenant should fail to promptly execute any subordination or other agreement required by this Paragraph, promptly as requestedSection, Tenant hereby irrevocably constitutes appoints Landlord as its attorney-in-fact to execute such instrument in Tenant’s name, place and stead, it being agreed that such power is one coupled with an interest. . 25.4 Tenant agrees that it may will from time to time, upon request by within ten (10) days following Landlord’s written request, execute and deliver to such persons as Landlord shall reasonably request, request a statement in recordable form certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as so modified), stating the dates to which rent and other charges payable under this Lease have been paid, stating that Landlord is not in default hereunder (or if Tenant alleges a default stating the nature of such alleged default) and further stating such other matters as Landlord or its mortgagee(s) shall reasonably require. . 25.5 Tenant shall, in the event of the sale or assignment of Landlord’s interest in the Building of which the Premises form a part, (providing Landlord is not then in default) or in the event of any proceedings brought for the foreclosure of, or in the event of exercise of the power of sale under, or taking by deed in lieu of foreclosure of, any first mortgage made by Landlord covering the Premises, attorn give full and complete adornment to the purchaser and recognize such the purchaser as Landlord under this Lease. Landlord shall, however, if requested by the Tenant, obtain a covenant of non-disturbance from any mortgagee Lease for the benefit balance of the Tenant. Said covenant of nondisturbance shall state that, providing the Tenant is not then in default term of this Lease, including any extensions or renewals thereof. Landlord hereby expressly and irrevocably directs and authorizes Tenant to comply with any notice given by such purchaser, notwithstanding any contrary instruction, direction or assertion of Landlord, and Landlord hereby releases and discharges Tenant of and from any liability to Landlord on account of such compliance. Tenant shall be entitled to rely on any notice received from a mortgagee or purchaser. Tenant shall be under no duty to controvert or challenge any such notice. Tenant’s to comply with any such notice shall not be deemed to violate this Lease. Tenant shall be entitled to full credit under the mortgagee, Lease for any rent paid to a mortgagee or purchaser upon taking title receipt of a notice from such mortgagee or purchaser to the property by foreclosure or by deed in lieu thereto will not disturb the Tenant’s peaceful use and enjoyment of the Premises and that the mortgagee shall assume the saline extent as if such rent were paid directly to Landlord’s obligations hereunder from the date mortgagee takes title to the property.

Subordination to Mortgage. This Lease is and shall be subject and subordinate to any mortgage and/or mortgage, deed of trust or other lien created by Landlord, whether presently existing or hereafter arising upon the Premises, or upon the Building, Project and to any renewals, refinancing and extensions thereof, but Tenant agrees that any such mortgagee shall have the right at any time to subordinate such mortgage and/or mortgage, deed of trust or other lien to this lease Lease on such terms and subject to such conditions as such mortgagee may deem appropriate in its discretion. Landlord is hereby irrevocably vested with full power and authority to subordinate this Lease to any mortgage and/or mortgage, deed of trust or other lien now existing or hereafter placed upon the Premises, or the Building Project as a whole, whole or any part thereof and Tenant agrees upon demand to execute such further instruments subordinating this Lease or attorning to the holder of any such liens as Landlord may reasonably request. The terms of this Lease are subject to approval by the Landlord’s lender(s), and such approval is a condition precedent to Landlord’s obligations hereunder. In addition, all leases of portions of the Building will be subordinate to such any lender(s), mortgage(s)' mortgage. In the event that Tenant should shall fail to execute any subordination or other agreement required by this Paragraphparagraph, promptly as requested, Tenant hereby irrevocably constitutes Landlord as its attorney-in-fact to execute such instrument in Tenant’s 's name, place and stead, it being agreed that such power is one coupled with an interest. Tenant agrees that it may will from time to time, time upon request by Landlord, Landlord execute and deliver to such persons as Landlord shall reasonably request, request a statement in recordable form certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as so modified), stating the dates to which rent and other charges payable under this Lease have been paid, stating that Landlord is not in default hereunder (or if Tenant alleges a default stating the nature of such alleged default) and further stating such other matters as Landlord or its mortgagee(s) shall reasonably require. Tenant shall, in the event of the sale or assignment of Landlord’s interest in the Building of which the Premises form a part, (providing Landlord is not then in default) or in the event of any proceedings brought for the foreclosure of, or in the event of exercise of the power of sale under, any mortgage made by Landlord covering the Premises, attorn to the purchaser and recognize such purchaser as Landlord under this Lease. Landlord shall, however, if requested by the Tenant, obtain a covenant of non-disturbance from any mortgagee for the benefit of the Tenant. Said covenant of nondisturbance shall state that, providing the Tenant is not then in default of this Lease, the mortgagee, upon taking title to the property by foreclosure or by deed in lieu thereto will not disturb the Tenant’s peaceful use and enjoyment of the Premises and that the mortgagee shall assume the Landlord’s obligations hereunder from the date mortgagee takes title to the propertyrequires.

Subordination to Mortgage. 28.1 This Lease is and shall be subject and subordinate only to any mortgage and/or deed of trust created by Landlorda first mortgage, whether presently existing or hereafter arising upon the Premises, or upon the Building, Building and to any renewals, modifications, refinancing and or extensions thereof, but Tenant agrees that any such first mortgagee shall have the right at any time to subordinate such mortgage and/or deed of trust to this lease Lease on such terms and subject to such conditions as such mortgagee may deem appropriate in its discretion. sole discretion provided mortgage provides a non-disturbance agreement for Tenant. 28.2 Landlord is hereby irrevocably vested with full power and authority to subordinate this Lease to any mortgage and/or deed of trust first mortgage, now existing or hereafter placed upon the Premises, Premises or the Building as a wholeBuilding, and Tenant agrees upon demand to execute such further instruments subordinating this the Lease or attorning to the holder of any such liens first lien as Landlord may reasonably request. . 28.3 The terms of this Lease are subject to approval by the Landlord’s 's permanent lender(s), and such approval is a condition precedent to Landlord’s 's obligations hereunder. In addition, all leases of portions of the Building will be subordinate to such lender(s), mortgage(s). In the event that permanent lender's mortgage. 28.4 If Tenant should fail to execute any subordination or other agreement required by this Paragraphparagraph, promptly as requested, Tenant hereby irrevocably constitutes Landlord as its attorney-in-fact to execute such instrument in Tenant’s 's name, place and stead, it being agreed that such power is one coupled occupied with an interest. . 28.5 Tenant agrees that it may will from time to time, time upon request by Landlord, execute and deliver to such persons as Landlord shall reasonably request, a statement in recordable form certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as so modified), stating the dates to which rent and other charges payable under this Lease have been paid, stating that Landlord is not in default hereunder (or if Tenant alleges a default stating the nature of such alleged default) and further stating such other matters as Landlord or its mortgagee(s) shall reasonably require. . 28.6 Tenant shall, in the event of the sale or assignment of Landlord’s 's interest in the Building of which the Premises form a part, (providing Landlord is not then in default) or in the event of any proceedings brought for the foreclosure of, or in the event of exercise of the power of sale under, under any mortgage made by Landlord covering the Premises, attorn to the purchaser and recognize such the purchaser as Landlord under this Lease. Landlord shall, however, if requested by the Tenant, obtain a covenant of non-disturbance from any mortgagee for the benefit of the Tenant. Said covenant of nondisturbance shall state that, providing the Tenant is not then in default of this Lease, the mortgagee, upon taking title to the property by foreclosure or by deed in lieu thereto will not disturb the Tenant’s peaceful use and enjoyment of the Premises and that the mortgagee shall assume the Landlord’s obligations hereunder from the date mortgagee takes title to the property.

Subordination to Mortgage. This Tenant accepts this Lease is and shall be subject and subordinate to any mortgage and/or mortgage, deed of trust created by Landlord, whether or other lien presently existing or hereafter arising upon the Premises, or upon the Building, Building and/or the Property and to any renewals, refinancing modifications, consolidations, refinancing, and extensions thereof, but Tenant agrees that any such mortgagee shall have the right at any time to subordinate such mortgage and/or mortgage, deed of trust or other lien to this lease Lease on such terms and subject to such conditions as such mortgagee may deem appropriate in its discretion. Landlord is hereby irrevocably vested with full power and authority to subordinate this Lease to any mortgage and/or mortgage, deed of trust or other lien now existing or hereafter placed upon the Premises, or the Building as a whole, and/or the Property and Tenant agrees upon demand to execute such further instruments subordinating this Lease or attorning to the holder of any such liens as Landlord may reasonably request. The terms of this Lease are subject to approval by the Landlord’s 's permanent lender(s), and such approval is a condition precedent to Landlord’s 's obligations hereunder. In addition, all leases of portions of the Building will be subordinate to such lender(s), mortgage(s). In the event that Tenant should fail to execute any subordination or other agreement required by this Paragraph, Paragraph promptly as requested, Tenant hereby irrevocably constitutes Landlord as its attorney-in-fact to execute such instrument in Tenant’s 's name, place and stead, it being agreed that such power is one coupled with an interest. Tenant agrees that it may will from time to time, time upon request by Landlord, Landlord execute and deliver to such persons as Landlord shall reasonably request, request a statement in recordable form certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as so modified), stating the dates to which rent Rent and other charges payable under this Lease have been paid, stating that the Landlord is not in default hereunder (or if Tenant alleges a default stating the nature of such alleged default) and further stating such other matters as Landlord or its mortgagee(s) shall reasonably require. Tenant shall, in the event of the sale or assignment of Landlord’s interest in the Building of which the Premises form a part, (providing Landlord is not then in default) or in the event of any proceedings brought for the foreclosure of, or in the event of exercise of the power of sale under, any mortgage made by Landlord covering the Premises, attorn to the purchaser and recognize such purchaser as Landlord under this Lease. Landlord shall, however, if requested by the Tenant, obtain a covenant of non-disturbance from any mortgagee for the benefit of the Tenant. Said covenant of nondisturbance shall state that, providing the Tenant is not then in default of this Lease, the mortgagee, upon taking title to the property by foreclosure or by deed in lieu thereto will not disturb the Tenant’s peaceful use and enjoyment of the Premises and that the mortgagee shall assume the Landlord’s obligations hereunder from the date mortgagee takes title to the property.

Subordination to Mortgage. This Tenant accepts this Lease is and shall be subject and subordinate to any mortgage and/or deed of trust created by Landlord, whether or other lien presently existing or hereafter arising upon the Premises, or upon the Building, Building and/or the Property and to any renewals, refinancing modifications, refinancings and extensions thereof, but Tenant agrees that any such mortgagee shall have the right at any time to subordinate such mortgage and/or mortgage, deed of trust or other lien to this lease Lease on such terms and subject to such conditions as such mortgagee may deem appropriate in its discretion. This clause shall be self-operative and no further instrument of subordination shall be required. However, Landlord is hereby irrevocably vested with full power and authority to subordinate this Lease to any mortgage and/or mortgage, deed of trust or other lion now existing or hereafter placed upon the Premises, or the Building as a whole, and/or the Property and Tenant agrees upon demand to execute such further instruments subordinating this Lease or attorning to the holder of any such liens as Landlord may reasonably request. The terms of this Lease are subject to approval by the Landlord’s 's existing lender(s)) and any lender(s) who, at the time of the execution of this Lease, have committed or are considering committing to Landlord to make a loan secured by all or any portion of the Property, and such approval is a condition precedent to Landlord’s 's obligations hereunder. In addition, all leases of portions of the Building will be subordinate to such lender(s), mortgage(s). In the event that Tenant should fail to execute any subordination or other agreement required by this Paragraph, Paragraph promptly as requested, Tenant hereby irrevocably constitutes Landlord as its attorney-in-fact to execute such instrument in Tenant’s 's name, place and stead, it being agreed that such power is one coupled with an interest. Tenant agrees that it may from time to time, upon request by Landlord, execute and deliver to such persons as Landlord shall reasonably request, a statement in recordable form certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as so modified), stating the dates to which rent and other charges payable under this Lease have been paid, stating that Landlord is not in default hereunder (or if Tenant alleges a default stating the nature of such alleged default) and further stating such other matters as Landlord or its mortgagee(s) shall reasonably require. Tenant shall, in the event of the sale or assignment of Landlord’s interest in the Building of which the Premises form a partLandlord and is accordingly irrevocable. TENANT'S SUBORDINATION TO THE INTERESTS OF ANY FUTURE LENDER IS CONTINGENT UPON THE LENDER ENTERING INTO A NONDISTURBANCE AGREEMENT WITH TENANT, (providing Landlord is not then in default) or in the event of any proceedings brought for the foreclosure ofIN A FORM SATISFACTORY TO SUCH LENDER, or in the event of exercise of the power of sale under, any mortgage made by Landlord covering the Premises, attorn to the purchaser and recognize such purchaser as Landlord under this Lease. Landlord shall, however, if requested by the Tenant, obtain a covenant of non-disturbance from any mortgagee for the benefit of the Tenant. Said covenant of nondisturbance shall state that, providing the Tenant is not then in default of this Lease, the mortgagee, upon taking title to the property by foreclosure or by deed in lieu thereto will not disturb the Tenant’s peaceful use and enjoyment of the Premises and that the mortgagee shall assume the Landlord’s obligations hereunder from the date mortgagee takes title to the propertySTATING THAT TENANT'S RIGHT TO THE CONTINUED USE AND POSSESSION OF THE PREMISES SHALL BE UNDER THAT SAME TERMS AND CONDITIONS AS SET FORTH IN THIS LEASE PROVIDED THAT AT SUCH TIME TENANT IS NOT IN DEFAULT OF ITS OBLIGATIONS HEREIN.

Subordination to Mortgage. This 17.1 At the option of the holder of any present or future mortgage of the land and buildings of which the Premises are a part, this Lease is and shall be subject and subordinate to such mortgage to the full extent of all sums and amounts secured thereby and, at the request of Landlord or Landlord's mortgagee, without any mortgage and/or deed way diminishing or negating the effectiveness of trust created the subordination provided for herein, Tenant shall execute any instruments or documents that may be deemed necessary or proper by counsel for Landlord or Landlord's mortgagee to effect such subordination; provided, whether presently existing or hereafter arising upon the Premiseshowever, or upon the Buildingthat, and to at such time as any renewalssubordination is requested, refinancing and extensions thereof, but Landlord shall furnish Tenant agrees evidence that any such mortgagee Tenant shall have the right at to remain in possession of the Premises under the terms of this Lease, notwithstanding any time to subordinate default in such mortgage and/or or trust deed or after foreclosure thereof, so long as Tenant is not in default under any of trust the covenants, conditions and agreements contained in this Lease. In the event any proceedings are brought for the foreclosure of any mortgage on property on which the Premises is located, Tenant will attorn to this lease on such terms the purchase at a foreclosure sale and subject recognize the purchaser as Landlord under the Lease. 17.2 At Landlord's request, Tenant will execute either an estoppel certificate addressed to Landlord's mortgagee or any prospective successor of Landlord or a three-party agreement among Landlord, Tenant and said mortgagee or successor, certifying to such conditions as such mortgagee may deem appropriate in its discretion. Landlord is hereby irrevocably vested with full power facts (if true) regarding the status and authority to subordinate this Lease to any mortgage and/or deed of trust now existing or hereafter placed upon the Premises, or the Building as a whole, and Tenant agrees upon demand to execute such further instruments subordinating this Lease or attorning to the holder of any such liens as Landlord may reasonably request. The terms of this Lease are subject to approval by the Landlord’s lender(s), as may be requested and such approval is a condition precedent to Landlord’s obligations hereunder. In addition, all leases of portions of the Building will be subordinate agreeing to such lender(s), mortgage(s). In the event that Tenant should fail to execute any subordination or other agreement required by this Paragraph, promptly as requested, Tenant hereby irrevocably constitutes Landlord as its attorney-in-fact to execute such instrument in Tenant’s name, place notice provisions and stead, it being agreed that such power is one coupled with an interest. Tenant agrees that it may from time to time, upon request by Landlord, execute and deliver to such persons as Landlord shall reasonably request, a statement in recordable form certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as so modified), stating the dates to which rent and other charges payable under this Lease have been paid, stating that Landlord is not in default hereunder (or if Tenant alleges a default stating the nature of such alleged default) and further stating such other matters as Landlord such mortgagee or its mortgagee(s) shall successor may reasonably require. Tenant shall, require in connection with Landlord's financing or the event conveyance of the sale or assignment of Landlord’s interest in the Building of which the Premises form a part, (providing Landlord is not then in default) or in the event of any proceedings brought for the foreclosure of, or in the event of exercise of the power of sale under, any mortgage made by Landlord covering the Premises, attorn to the purchaser and recognize such purchaser as Landlord under this Lease. Landlord shall, however, if requested by the Tenant, obtain a covenant of non-disturbance from any mortgagee for the benefit of the Tenant. Said covenant of nondisturbance shall state that, providing the Tenant is not then in default of this Lease, the mortgagee, upon taking title to the property by foreclosure or by deed in lieu thereto will not disturb the Tenant’s peaceful use and enjoyment of the Premises and that the mortgagee shall assume the Landlord’s obligations hereunder from the date mortgagee takes title to the propertyBuilding.

Subordination to Mortgage. This Tenant accepts this Lease is and shall be subject and subordinate to any mortgage and/or mortgage, deed of trust created by Landlord, whether or other lien presently existing or hereafter hereafter, provided it receives a non-disturbance agreement, arising upon the Premises, upon the Building or upon the BuildingProject as a whole, and to any renewals, refinancing refinancing, modifications and extensions thereof, but Tenant agrees that any such mortgagee shall have the right at any time to subordinate such mortgage and/or mortgage, deed of trust or other lien to this lease Lease on such terms and subject to such conditions as such mortgagee may deem appropriate in its discretionare reasonable. Landlord is hereby irrevocably vested with full power and authority to subordinate this Lease to any mortgage and/or mortgage, deed of trust or other lien now existing or hereafter placed upon the Premises, the Building or the Building Project as a whole, and Tenant agrees upon demand to execute such further reasonable instruments subordinating this Lease or attorning to the holder of any such liens as Landlord may reasonably request. The terms of this Lease are subject to approval by the LandlordBuilding’s permanent lender(s), and such approval is a condition precedent to Landlord’s obligations hereunder. In addition, all leases of portions of the Building it will be subordinate to such lender(s), mortgage(s). In the event that Tenant should fail to execute any subordination or other agreement required by this Paragraph, promptly as requested, Tenant hereby irrevocably constitutes Landlord as its attorney-in-fact to execute such instrument in Tenant’s name, place and stead, it being agreed that such power is one coupled with an interest. Tenant agrees that it may from time to time, time upon request by Landlord, the execute and deliver to such persons as Landlord shall reasonably request, requested a statement in recordable form certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as so modified), stating the dates to which rent and other charges payable under this Lease have been paid, stating that Landlord is not in default hereunder (or if Tenant alleges a default is alleged, stating the nature of such alleged default) and further stating such other matters as Landlord or its mortgagee(s) shall reasonably require. Tenant shall, in the event of the sale or assignment of Landlord’s interest in the Building of which the Premises form a part, (providing Landlord is not then in default) or in the event of any proceedings brought for the foreclosure of, or in the event of exercise of the power of sale under, any mortgage made by Landlord covering the Premises, attorn to the purchaser and recognize such purchaser as Landlord under this Lease. Landlord shall, however, if requested by the Tenant, obtain a covenant of non-disturbance from any mortgagee for the benefit of the Tenant. Said covenant of nondisturbance shall state that, providing the Tenant is not then in default of this Lease, the mortgagee, upon taking title to the property by foreclosure or by deed in lieu thereto will not disturb the Tenant’s peaceful use and enjoyment of the Premises and that the mortgagee shall assume the Landlord’s obligations hereunder from the date mortgagee takes title to the propertybe required.