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 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.

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 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 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. requests The terms of this Lease are subject to approval by the Landlord’s permanent lender(s), and such approval is a condition precedent to Landlord’s obligations hereunder. In addition, addition all leases of portions of the Building will be subordinate to such permanent lender(s), mortgage(s)) mortgage. 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 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 In the event of the sale or assignment of Landlord’s interest in the Building of which the Premises form a partBuilding, (providing Landlord is not then in default) or in the event of any proceedings brought for the foreclosure of, of any mortgage made by Landlord encumbering the Building or in the event of exercise a deed in lieu of the power of sale undersuch foreclosure, any mortgage made by Landlord covering the Premises, Tenant shall attorn to the purchaser purchaser, foreclosing mortgagee and/or grantee, as the case may be, their successors and assigns, and recognize such purchaser them as Landlord landlord under this Lease. Landlord shall, however, if requested In no event will any successor landlord be liable to Tenant for any security deposit or for rents paid more than one month in advance except to the extent that such security deposit or rents have been actually received by the Tenantsuccessor landlord, obtain nor shall a covenant successor landlord be liable to Tenant for any breach 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 obligations committed by a predecessor landlord under 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 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, 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 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 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 obligations hereunder. In addition, all leases of portions of the Building will be subordinate to such lender(s), mortgage(s). In the event that If Tenant should fail fails 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 name, place and stead, it being agreed that such power is one coupled with an interestinterest in Landlord and is accordingly irrevocable. Tenant agrees that it may will from time-to-time to 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 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 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. This (a) 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 BuildingProperty 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 term 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 Property as a whole, and Tenant agrees upon demand to execute such further instruments subordinating this Lease (or such mortgage to 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, such instrument 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. . (b) Nothing contained in this Section 29, however, shall be construed to impose upon Tenant shallany legal or financial obligation nor require Tenant to effectuate such a subordination unless, 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 Leaselatter circumstance, the mortgagee, upon taking title trust holder, secured party, or beneficiary named in the pertinent instrument shall first agree in writing that any proceeding to foreclose, sell, or any other action taken under such instrument shall not effect this Lease or any of the rights of Tenant hereunder for so long as Tenant shall not be held in default by Landlord of any of the provisions, covenants or conditions of the Lease, and shall continue to make the payments required hereunder 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 propertyappropriate designated party.