Common use of Tenant Not to Be Disturbed Clause in Contracts

Tenant Not to Be Disturbed. So long as Tenant is not in default (beyond any period given Tenant by the terms of the Lease to cure such default) in the payment of rent or additional rent or performance of any of the terms, covenants or conditions of the Lease on Tenant’s part to be performed, (a) Tenant’s possession of the Demised Premises, and its rights and privileges under the Lease shall not be diminished or interfered with by Lender, and (b) Lender will not join Tenant as a party defendant in any action or proceeding foreclosing the Deed of Trust unless such joinder is necessary to foreclose such Deed of Trust and then only for such purpose and not for the purpose of terminating the Lease. Lender represents and warrants that it has received and reviewed a copy of the Lease.

Tenant Not to Be Disturbed. So long as Tenant is not in default (beyond any period given Tenant by the terms of the Lease to cure such default) in the payment of rent or additional rent or performance of any of the terms, covenants or conditions of the Lease on Tenant’s part to be performedperformed (beyond any period given Tenant in the Lease to cure such default) and Tenant attorns to Lender as provided herein, (a) Tenant’s possession of the Demised Premises, and its rights and privileges under the Lease Premises shall not be diminished or interfered with by Lender, and (b) Lender will not join Tenant as a party defendant in any action or proceeding foreclosing the Deed of Trust unless such joinder is necessary to foreclose such the Deed of Trust and then only for such purpose and not for the purpose of terminating the Lease. Lender represents and warrants that it has received and reviewed a copy of the Lease.

Tenant Not to Be Disturbed. So Lender agrees that, so long as Tenant is not in default under the Lease (beyond any period given Tenant by the terms of the Lease to cure such default) in the payment of rent or additional rent or performance of any of the terms, covenants or conditions of the Lease on Tenant’s part to be performed, ): (a) Tenant’s possession of the Demised Premises, and its rights and privileges Leased Premises under the Lease shall not be diminished disturbed by Lender in any foreclosure or interfered with other proceedings brought to enforce the Deed of Trust / Mortgage or by Lender, and any deed in lieu of foreclosure. (b) Lender will not join Tenant as a party defendant in any action or proceeding foreclosing the Deed of Trust / Mortgage unless such joinder is necessary to foreclose such the Deed of Trust / Mortgage, and then only for such purpose and not for the purpose of terminating the Lease. Lender represents and warrants that it has received and reviewed a copy of the Lease.