Subordination to Mortgages and Deeds of Trust. (a) This Lease shall be subject and subordinate at all times to all ground or underlying leases which may now exist or hereafter be executed affecting the Real Property or any part thereof and to the lien of any mortgages or deeds of trust in any amount or amounts whatsoever now or hereafter placed on or against the Rea1 Property or any part thereof or on or against Landlord's interest or estate therein or on or against any ground or underlying lease (any of the foregoing being a "Superior Interest") without the necessity of having further instruments on the part of Tenant to effectuate such subordination. Notwithstanding the foregoing, Tenant covenants and agrees to execute and deliver, upon demand, such further instruments as may be required by Landlord so long as the same contains a nondisturbance covenant. If Tenant fails to execute same within ten (10) days, then tenant hereby irrevocably appoints Landlord the attorney-in-fact of the Tenant to execute and deliver any such instrument or instruments for or in the name of Tenant.
(b) Notwithstanding such subordination, in the event that any ground lease or underlying lease terminates for any reason or any mortgage or deed of trust is foreclosed or a conveyance in lieu of foreclosure is made for any reason, Tenant's right to possession of the Premises shall not be disturbed if Tenant shall not be then in default in the terms of this Lease, and Tenant shall attorn to the lessor under any ground lease or underlying 1ease or to any purchaser of the Real Property or shall, at such lessor's or purchaser's option, enter into a new lease for the balance of the Term upon the same terms and conditions of this Lease. Tenant covenants and agrees to execute and deliver, upon demand by Landlord and in the form reasonably requested by Landlord, any additional documents evidencing the priority or subordination of this Lease with respect to any such ground leases or underlying leases or the lien of any such mortgage or deed of trust.
Subordination to Mortgages and Deeds of Trust. This lease is subject and is hereby subordinated to all present and future mortgages, deeds of trust and other encumbrances affecting the demised premises or the property of which said premises are a part. The Tenant agrees to execute, at no expense to the Landlord, any instrument which may be deemed necessary or desirable by the Landlord to further effect the subordination of this lease to any such mortgage, deed of trust or encumbrance. (See Rider)
Subordination to Mortgages and Deeds of Trust. This Lease is subject and is hereby subordinated to all present and future mortgages, deeds of trust and other encumbrances affecting the demised premises or the property of which said premises are a part. The Tenant agrees to execute, at no expense to the Owner, any instrument which may be deemed necessary or desirable by the Owner to further effect the subordination of this Lease to any such mortgage, deed of trust or encumbrance provided that the Tenant receives a Non-disturbance Agreement in reasonably satisfactorily form from Owner's present and any future mortgage holder. Tenant shall attorn to the holder of any mortgage acquiring title by virtue of a conveyance or through foreclosure proceedings.
Subordination to Mortgages and Deeds of Trust. This Lease shall be subject and subordinate at all times to the lien of any mortgages now or hereafter placed on the land and buildings of which the Leased Premises form a part and also to all renewals, modifications, consolidations and replacements thereof. Although no instrument or act on the part of the Tenant shall be necessary to effectuate such subordination, the Tenant, nevertheless, covenants and agrees to execute and deliver upon demand such further instrument or instruments subordinating this Lease to the lien of any such mortgage or mortgages as shall be desired by any mortgagee or proposed mortgagee. Tenant further acknowledges that the Landlord may be required by any mortgagee or proposed mortgagee to assign this Lease as additional security for any mortgage or proposed mortgages, and Tenant agrees that it will upon demand join with Landlord in the execution of any such assignment or agreement, which may be in form for recording, as any such mortgagee or proposed mortgagee may reasonably require. Tenant's failure to comply on demand with the provisions hereof shall constitute a default under this Lease. Tenant hereby appoints Landlord attorney-in-fact, irrevocably, to execute any such instruments for Tenant.
Subordination to Mortgages and Deeds of Trust. 19 SECTION 23 WAIVER......................................................20 SECTION 24 SUBROGATION.................................................20
Subordination to Mortgages and Deeds of Trust. This Lease shall be subject and subordinate at all times to all ground and underlying Leases that may now exist or subsequently be executed affecting the Building and/or the Land and to the lien of any encumbrance in any amount or amounts whatsoever now or subsequently placed on or against the Building and/or Land or on or against any ground or underlying Lease without the necessity of having further instruments on the part of Tenant to effectuate such subordination. In spite of the above, Tenant covenants and agrees to execute and deliver upon demand such further instruments evidencing such subordination of this Lease to such ground or underlying Leases and to the lien of any such encumbrance as may be required by Landlord.
Subordination to Mortgages and Deeds of Trust. This lease is subject and is hereby subordinated to all present and future mortgages, deeds of trust and other encumbrances affecting the demised premises or the property of which said premises are a part. The Tenant agrees to execute, at no expense to the Owner, any instrument which may be deemed necessary or desirable by the Owner to further effect the subordination of this lease to any such mortgage, deed of trust or encumbrance. Tenant shall attorn to the holder of any mortgage acquiring title by virtue of a conveyance or through foreclosure proceedings. See Exhibit “F”.
Subordination to Mortgages and Deeds of Trust. This Lease Agreement is subject and is hereby subordinated to all present mortgages, deeds of trust and other encumbrances affecting the Demised Premises or the property of which said premises are a part. The Lessor agrees to cause the mortgagee to provide to the Lessee, if requested, in recordable form, an agreement not to disturb Lessee's right in or possession of the premises so long as Lessee is not in default hereunder, in the event this Lease Agreement is subordinated to mortgage deeds of trust or other encumbrances and the subordination of this Lease Agreement is conditioned upon the Lessee receiving such non-disturbance agreement from the mortgagee. Lessor represents that the only encumbrance on the Demised Premises is a mortgage from Southtrust Bank and agrees to provide Lessee with a nondisturbance agreement signed by Southtrust Bank in substantially the form attached hereto as Exhibit D. LEASE BINDING ON HEIRS, SUCCESSORS, ETC.
Subordination to Mortgages and Deeds of Trust. This Lease Agreement is subject and is hereby subordinated to all present mortgages, deeds of trust and other encumbrances affecting the Demised Premises or the property of which said premises are a part. The Lessor agrees to cause the mortgagee to provide to the Lessee, if requested, in recordable form, an agreement not to disturb Lessee’s right in or possession of the premises so long as Lessee is not in default hereunder, in the event this Lease Agreement is subordinated to mortgage deeds of trust or other encumbrances and the subordination of this Lease Agreement is conditioned upon the Lessee receiving such non-disturbance agreement from the mortgagee.
Subordination to Mortgages and Deeds of Trust. This lease is subject and is hereby subordinated to all present and future mortgages, deeds of trust and other encumbrances affecting the demised premises or the property of which said premises are a part. The Tenant agrees to execute, at no expense to the Owner, any instrument which may be deemed necessary or desirable by the Owner to further effect the subordination of this lease to any such mortgage, deed of trust or encumbrance. Owner agrees to use reasonable efforts to provide Tenant with a Subordination, Non-Disturbance Agreement from any future mortgage holder in form and of substance that is reasonably satisfactory to Owner and Tenant shall attorn to the holder of any mortgage acquiring title by virtue of a conveyance or through foreclosure proceedings.
