Common use of TENANT TO ATTORN TO MORTGAGEE Clause in Contracts

TENANT TO ATTORN TO MORTGAGEE. Tenant agrees with Mortgagee that if the interests of Landlord in the Premises shall be transferred to and owned by Mortgagee by reason of foreclosure or other proceedings brought by it, or by any other manner, Tenant shall be bound to Mortgagee under all of the terms, covenants, and conditions of the Lease for the balance of the term thereof remaining and any extensions or renewals thereof that may be effected in accordance with any option therefor in the Lease, with the same force and effect as if Mortgagee were the Landlord under the Lease, and Tenant does hereby attorn to Mortgagee as its Landlord. Such, attornment shall be effective and self-operative without the execution of any further instruments on the part of any of the parties hereto immediately upon Mortgagee’s succeeding to the interest of Landlord in the Premises. Tenant has received a copy of the Assignment and consents thereto, agrees to be bound thereby, and agrees if Mortgagee shall, pursuant to the Assignment, elect to require Tenant to pay to Mortgagee the rent and other charges payable by Tenant under the Lease, Tenant shall, until Mortgagee shall have cancelled such election, be similarly bound to Mortgagee and shall similarly attorn to Mortgagee as its Landlord. Tenant’s obligations under this Agreement shall not be affected by its surrender of the Premises or its ouster therefrom in accordance with the provisions of the Lease by Landlord or any successor in interest to Landlord.

TENANT TO ATTORN TO MORTGAGEE. Tenant agrees with Mortgagee that if the interests of Landlord in the Premises shall be transferred to and owned by Mortgagee by reason of foreclosure or other proceedings brought by it, or by any other manner, Tenant shall be bound to Mortgagee under all of the terms, covenants, and conditions of the Lease for the balance of the term thereof remaining and any extensions or renewals thereof that may be effected in accordance with any option therefor in the Lease, with the same force and effect as if Mortgagee were the Landlord under the Lease, and Tenant does hereby attorn to Mortgagee as its Landlord. Thereupon, Mortgagee shall perform Landlord’s obligations under all of the terms, covenants, and conditions of the Lease for the balance of the term remaining and any extensions or renewals thereof in accordance with any option therefor that is exercised pursuant to the Lease. Such, attornment shall be effective and self-operative without the execution of any further instruments on the part of any of the parties hereto immediately upon Mortgagee’s succeeding to the interest of Landlord in the Premises. Tenant has received a copy of the Assignment and consents thereto, agrees to be bound thereby, and agrees if Mortgagee shall, pursuant to the Assignment, elect to require Tenant to pay to Mortgagee the rent and other charges payable by Tenant under the Lease, Tenant shall, until Mortgagee shall have cancelled such election, be similarly bound to Mortgagee and shall similarly attorn to Mortgagee as its Landlord. Landlord hereby releases Tenant from any claim that Landlord may have against Tenant based on Tenant’s compliance with Mortgagee’s directions pursuant to the AssignmentTenant’s obligations under this Agreement shall not be affected by its surrender of the Premises or its ouster therefrom in accordance with the provisions of the Lease by Landlord or any successor in interest to Landlord.

TENANT TO ATTORN TO MORTGAGEE. Tenant agrees with Mortgagee that if the interests of Landlord in the Premises shall be transferred to and owned by Mortgagee by reason of foreclosure or other proceedings brought by it, or by any other manner, Tenant shall be bound to Mortgagee under all of the terms, covenants, and conditions of the Lease for the balance of the term thereof remaining and any extensions or renewals thereof that may be effected in accordance with any option therefor in the Lease, with the same force and effect as if Mortgagee were the Landlord under the Lease, and Tenant does hereby attorn to Mortgagee as its Landlord. Thereupon, Mortgagee shall perform Landlord’s obligations under all of the terms, covenants, and conditions of the Lease for the balance of the term remaining and any extensions or renewals thereof in accordance with any option therefor that is exercised pursuant to the Lease. Such, attornment shall be effective and self-operative without the execution of any further instruments on the part of any of the parties hereto immediately upon Mortgagee’s succeeding to the interest of Landlord in the Premises. Tenant has received a copy of the Assignment and consents thereto, agrees to be bound thereby, and agrees if Mortgagee shall, pursuant to the Assignment, elect to require Tenant to pay to Mortgagee the rent and other charges payable by Tenant under the Lease, Tenant shall, until Mortgagee shall have cancelled such election, be similarly bound to Mortgagee and shall similarly attorn to Mortgagee as its Landlord. Landlord hereby releases Tenant from any claim that Landlord may have against Tenant based on Tenant’s obligations under this Agreement shall not be affected by its surrender of compliance with Mortgagee’s directions pursuant to the Premises or its ouster therefrom in accordance with the provisions of the Lease by Landlord or any successor in interest to LandlordAssignment.

TENANT TO ATTORN TO MORTGAGEE. Tenant agrees with (a) In the event that the Mortgagee that if shall succeed to the interests interest of Landlord in the Premises shall be transferred to and owned by Mortgagee by reason of foreclosure or other proceedings brought by it, or by any other manner, Tenant shall be bound to Mortgagee under all of the terms, covenants, and conditions of the Lease for the balance of the term thereof remaining and any extensions or renewals thereof that may be effected in accordance with any option therefor in the Lease, the Lease shall continue with the same force and effect as if the Mortgagee, as lessor, and the Tenant had entered into a Lease for a term equal to the then unexpired term of the Lease, containing the same terms, conditions and covenants as those contained in the Lease, including, but not limited to, any rights of renewal therein, and the Tenant shall be bound to the Mortgagee under all of the provisions of the Lease for the remaining term thereof with the same force and effect as if the Mortgagee were the Landlord lessor under the Lease, and the Tenant does hereby attorns and agrees to attorn to the Mortgagee as its Landlord. Suchlandlord, such attornment shall to be effective and self-operative without the execution of any further instruments on the part of any either of the parties hereto immediately upon Mortgagee’s succeeding the succession of Mortgagee to the interest of Landlord in the Premises. Tenant has received a copy of the Assignment and consents thereto, agrees to be bound thereby, and agrees if Mortgagee shall, pursuant to the Assignment, elect to require Tenant to pay to Mortgagee the rent and other charges payable by Tenant under the Lease. The Tenant shall be under no obligation to pay rent to the Mortgagee until the Tenant receives written notice from the Mortgagee that an Event of Default under the Deed of Trust, Security Agreement and Financing Statement (hereinafter "Deed of Trust") or other Collateral Documents (as defined in the Construction Loan Agreement) has occurred, or that it has succeeded to the interest of the Landlord under the Lease. The Landlord agrees that, upon receiving such notice from Mortgagee, Tenant shallshall pay all rents directly to Mortgagee without any liability therefor to Landlord; provided, until Mortgagee however, that if Landlord in good faith disputes that such an Event of Default has occurred, Landlord may promptly notify in writing Tenant and Mortgagee, and, upon receipt of such notice, Tenant shall have cancelled thereafter deposit all rents into an appropriate court having jurisdiction over the Demised Premises, with notice of such election, be similarly bound deposit to Mortgagee and shall similarly attorn Landlord (and in such event Landlord consents for the court to remit to Mortgagee as its Landlordfrom such deposit the debt service required under the Mortgage). Tenant’s obligations Nothing contained herein shall in any manner limit or restrict the right of Mortgagee to have a receiver appointed or to seek any other appropriate relief or remedy under this Agreement shall not be affected by its surrender the Deed of Trust, or other related Collateral Documents. The respective rights and obligation of the Premises or its ouster therefrom in accordance with Tenant and the provisions Mortgagee upon such attornment and their relationship shall be as tenant and landlord respectively, for the remaining term of the Lease by Landlord or Lease, including any successor renewal periods set forth in interest to Landlord.said Lease;

TENANT TO ATTORN TO MORTGAGEE. Tenant agrees with Mortgagee that Pursuant to the assignment of rents set forth in the Deed of Trust, or if the interests of Landlord in the Premises shall be transferred to and owned by Mortgagee by reason of foreclosure or other proceedings brought by itit in lieu of or pursuant to a foreclosure, or by any other manner, and Mortgagee succeeds to the interest of the Landlord under the Lease, Tenant shall be bound to Mortgagee under all of the terms, covenants, covenants and conditions of the Lease for the balance of the term thereof remaining and any extensions or renewals thereof that which may be effected in accordance with any option therefor in the Lease, with the same force and effect as if Mortgagee were the Landlord landlord under the Lease, and Tenant does hereby attorn to Mortgagee as its Landlord. Suchlandlord, said attornment shall to be effective and self-operative immediately until release of the Deed of Trust or upon Mortgagee otherwise succeeding to the interest of the Landlord under the Lease, without the execution of any further instruments on the part of any of the parties hereto immediately upon Mortgagee’s succeeding hereto; provided, however, that Tenant shall pay rent to Mortgagee until Tenant receives written notice from Mortgagee that it has either been paid in full by Mortgagor, or has transferred its interest in the Deed of Trust, which assignee has succeeded to the interest of Landlord in the PremisesMortgagee. The respective rights and obligations of Tenant has received a copy and Mortgagee upon such attornment, to the extent of the Assignment and consents thereto, agrees to be bound thereby, and agrees if Mortgagee shall, pursuant to the Assignment, elect to require Tenant to pay to Mortgagee the rent and other charges payable by Tenant under the Lease, Tenant shall, until Mortgagee shall have cancelled such election, be similarly bound to Mortgagee and shall similarly attorn to Mortgagee as its Landlord. Tenant’s obligations under this Agreement shall not be affected by its surrender then remaining balance of the Premises or its ouster therefrom in accordance with the provisions term of the Lease and any such extensions and renewals, shall be and are the same as now set forth therein; it being the intention of the parties hereto for this purpose to incorporate the Lease in this Agreement by Landlord or any successor in interest to Landlordreference with the same force and effect as if set forth at length herein.

TENANT TO ATTORN TO MORTGAGEE. Tenant agrees with Mortgagee that if the interests of Landlord in the Premises shall be transferred to and owned by Mortgagee by reason of foreclosure or other proceedings brought by it, or by any other manner, Tenant shall be bound to Mortgagee under all of the terms, covenants, and conditions of the Lease for the balance of the term thereof remaining and any extensions or renewals thereof that which may be effected affected in accordance with any option therefor in the Lease, with the same force and effect as if Mortgagee were the Landlord under the Lease, and Tenant does hereby attorn to Mortgagee as its Landlord. Such, said attornment shall to be effective and self-operative without the execution of any further instruments on the part of any of the parties hereto immediately upon Mortgagee’s Mortgagee succeeding to the interest of Landlord in the Premises. Tenant has received a copy of the Assignment and consents thereto, thereto and agrees to be bound thereby, thereby and agrees if Mortgagee shall, pursuant to the Assignment, elect to require Tenant to pay to Mortgagee the rent and other charges payable by Tenant under the Lease, Tenant shall, until Mortgagee shall have cancelled such election, be similarly bound to Mortgagee and shall similarly attorn to Mortgagee as its Landlord. Tenant’s 's obligations under this Agreement shall not be affected by its surrender of the Premises or its ouster therefrom in accordance with the provisions of the Lease by Landlord or any successor in interest to Landlord.