Common use of Subordination to Mortgage Clause in Contracts

Subordination to Mortgage. This Lease is and shall be subject and subordinate to any and all mortgages, deeds of trust and land leases now existing upon or that may be hereafter placed upon the Premises and the real estate upon which they are situated, and to all advances made or to be made thereon, and all renewals, modifications, consolidations, replacement, or extensions thereof, and the lien of any such mortgages, deeds of trust and land leases shall be superior to all rights hereby or hereunder vested in Tenant, to the full extent of all sums secured thereby; provided however, that each such mortgage or deed of trust now or hereafter encumbering the Premises and real estate upon which they are situated shall provide by its terms, or the holder of such mortgage or deed of trust shall, by a separate agreement, agree that in the event of foreclosure of such mortgage or deed of trust, Tenant shall remain undisturbed under this Lease so long as Tenant complies with all of the terms, obligations and conditions hereunder. This provision shall be self-operative and no further instrument of subordination shall be necessary to effectuate such subordination, and the recording of any such mortgage or deed of trust shall have preference and precedence and be superior and prior in lien to this Lease, irrespective of the date of recording. In confirmation of such subordination, Tenant shall on request of Landlord or the holder of any such mortgage or deed of trust execute and deliver to Landlord within ten (10) days any instrument that Landlord or such holder may reasonably request.

Subordination to Mortgage. This Tenant covenants and agrees that this Lease is and shall be subject and subordinate to any and all mortgages, deeds mortgage or deed of trust and land leases which may now existing upon or that may be hereafter placed upon encumber the Premises and the real estate upon which they are situatedBuilding, and to all advances made or to be made thereon, and all renewals, modifications, consolidations, replacement, or replacements and extensions thereof, and the lien of any such mortgages, deeds of trust and land leases shall be superior to all rights hereby or hereunder vested in Tenant, to the full extent of all sums secured thereby; provided however, that each such mortgage or deed of trust now or hereafter encumbering the Premises and real estate upon which they are situated shall provide by its terms, or the holder of such mortgage or deed of trust shall, by a separate agreement, agree that in the event of foreclosure of such mortgage or deed of trust, Tenant shall remain undisturbed under this Lease so long as Tenant complies with all of the terms, obligations and conditions hereunder. This provision clause shall be self-operative and no further instrument of subordination shall needs to be necessary requested by any mortgagee; provided, however, that Tenant’s obligation to effectuate such subordination, and subordinate its leasehold interest hereunder to the recording lien of any such mortgage or deed of trust shall have preference and precedence and be superior and prior subject to the mortgagee or trustee thereunder agreeing that in lien the event of foreclosure or assignment or deed in lieu of foreclosure thereof, said mortgagee or trustee shall continue the rights of Tenant pursuant to this Lease, irrespective of Lease and shall not terminate or disturb Tenant’s rights hereunder except in accordance with the date of recordingprovisions hereof. In confirmation of such subordination, however, Tenant shall on at Landlord's request execute promptly any appropriate certificate, instrument or other document that Landlord may request. In the event of Landlord the enforcement by the trustee, mortgagee or the holder of beneficiary under any such mortgage or deed of trust of the remedies provided for by law or by such mortgage or deed of trust, Tenant will, upon request of any person or parties succeeding to the interest of Landlord as a result of such enforcement, automatically become the Tenant of such successor interest without change in the terms or other provisions of this Lease. Tenant shall execute and deliver to Landlord within ten (10) days any instrument that Landlord or such holder may reasonably requestinstruments confirming the attornment provided for herein.