Common use of TENANT TO ATTORN TO MORTGAGEE Clause in Contracts

TENANT TO ATTORN TO MORTGAGEE. If the interests of the landlord under the Lease shall be transferred to and owned by Mortgagee by reason of foreclosure or other proceedings brought by it in lieu of or pursuant to a foreclosure, or by any other manner, and Xxxxxxxxx succeeds to the interest of the landlord under the Lease, 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 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 under the Lease; and Tenant does hereby attorn to Mortgagee, as its landlord, said attornment to be effective and self‑operative immediately upon Mortgagee 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. Except as required under any Assignment of Leases contained in the Mortgage or a separate instrument, Tenant shall be under no obligation to pay rent to Mortgagee until Xxxxxx receives written notice from Mortgagee that it has succeeded to the interest of the landlord under the Lease. The respective rights and obligations of Tenant and Mortgagee upon such attornment, to the extent of the then remaining balance of the 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 reference with the same force and effect as if set forth at length herein.

TENANT TO ATTORN TO MORTGAGEE. If Tenant agrees with Mortgagee that if the interests of Landlord in the landlord under the Lease Premises shall be transferred to and owned by Mortgagee by reason of foreclosure or other proceedings brought by it in lieu of or pursuant to a foreclosureit, or by any other manner, and Xxxxxxxxx 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 which 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 Landlord under the Lease; , and Tenant does hereby attorn to Mortgagee, Mortgagee as its landlordLandlord. Such, said attornment to shall be effective and self‑operative immediately upon Mortgagee succeeding to the interest of the landlord under the Lease self-operative without the execution of any further instruments on the part of any of the parties hereto. Except as required under any Assignment of Leases contained in the Mortgage or a separate instrument, Tenant shall be under no obligation to pay rent to Mortgagee until Xxxxxx receives written notice from Mortgagee that it has succeeded hereto immediately upon Mortgagee’s succeeding to the interest of Landlord in the landlord 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. The respective rights and Tenant’s obligations of Tenant and Mortgagee upon such attornment, to the extent under this Agreement shall not be affected by its surrender of the then remaining balance of Premises or its ouster therefrom in accordance with the term provisions of the Lease and by Landlord or 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 successor in interest to incorporate the Lease in this Agreement by reference with the same force and effect as if set forth at length hereinLandlord.

TENANT TO ATTORN TO MORTGAGEE. If the interests interest of the landlord under the Lease Landlord shall be transferred to and owned by Mortgagee by reason of foreclosure of the Mortgage or other proceedings brought by it in lieu of or pursuant to a foreclosure, or by in any other manner, and Xxxxxxxxx Mortgagee succeeds to the interest of the landlord Landlord under the Lease, 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 which may be effected in accordance with any option therefor in the Lease, with the same force and effect as if Mortgagee were originally the landlord under the Lease; , and Tenant does hereby attorn to Mortgagee, Mortgagee as its landlord, said such attornment to be automatically effective and self‑operative immediately upon Mortgagee Mortgagee’s succeeding to the interest of the landlord Landlord under the Lease without the execution of any further instruments on the part of any of the parties hereto. Except as required under any Assignment of Leases contained in the Mortgage or a separate instrument, Tenant shall be under no obligation to pay rent to Mortgagee until Xxxxxx receives written notice from Mortgagee that it has succeeded to the interest of the landlord under the Lease. The respective rights and obligations of Tenant and Mortgagee upon such attornment, to the extent of the then remaining balance of the term of the Lease and any such extensions and renewalsrenewals thereto, shall be and are the same as now set forth thereinin the Lease, it being the intention terms of the parties hereto for this purpose to incorporate the Lease in this Agreement which are hereby fully incorporated herein by reference with the same force and effect as if set forth at length hereinmade a part of this Agreement.

TENANT TO ATTORN TO MORTGAGEE. If Tenant agrees with Mortgagee that if the interests of Landlord in the landlord under the Lease Premises shall be transferred to and owned by Mortgagee by reason of foreclosure or other proceedings brought by it in lieu of or pursuant to a foreclosureit, or by any other manner, and Xxxxxxxxx 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 which 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 Landlord under the Lease; , and Tenant does hereby attorn to Mortgagee, Mortgagee as its landlordLandlord. Thereupon, said 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 to shall be effective and self‑operative immediately upon Mortgagee succeeding to the interest of the landlord under the Lease self-operative without the execution of any further instruments on the part of any of the parties hereto. Except as required under any Assignment of Leases contained in the Mortgage or a separate instrument, Tenant shall be under no obligation to pay rent to Mortgagee until Xxxxxx receives written notice from Mortgagee that it has succeeded hereto immediately upon Mortgagee’s succeeding to the interest of Landlord in the landlord 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. The respective rights and obligations of Landlord hereby releases Tenant and Mortgagee upon such attornment, from any claim that Landlord may have against Tenant based on Tenant’s compliance with Mortgagee’s directions pursuant to the extent AssignmentTenant’s obligations under this Agreement shall not be affected by its surrender of the then remaining balance of Premises or its ouster therefrom in accordance with the term provisions of the Lease and by Landlord or 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 successor in interest to incorporate the Lease in this Agreement by reference with the same force and effect as if set forth at length hereinLandlord.

TENANT TO ATTORN TO MORTGAGEE. If (a) In the interests event that the Mortgagee shall succeed to the interest of Landlord under the landlord under 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 transferred bound to the Mortgagee under all of the provisions of the Lease for the remaining term thereof with the same force and owned by effect as if the Mortgagee by reason were the lessor under the Lease, and the Tenant hereby attorns and agrees to attorn to the Mortgagee as its landlord, such attornment to be effective and self-operative without the execution of foreclosure any further instruments on the part of either of the parties hereto immediately upon the succession of Mortgagee to the interest of Landlord 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 proceedings brought by it Collateral Documents (as defined in lieu of or pursuant to a foreclosurethe Construction Loan Agreement) has occurred, or by any other manner, and Xxxxxxxxx succeeds that it has succeeded to the interest of the Landlord under the Lease. The Landlord agrees that, upon receiving such notice from Mortgagee, Tenant shall pay all rents directly to Mortgagee without any liability therefor to Landlord; provided, 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 thereafter deposit all rents into an appropriate court having jurisdiction over the Demised Premises, with notice of such deposit to Mortgagee and Landlord (and in such event Landlord consents for the court to remit to Mortgagee from such deposit the debt service required under the Mortgage). 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 the Deed of Trust, or other related Collateral Documents. The respective rights and obligation of the Tenant and the Mortgagee upon such attornment and their relationship shall be as tenant and landlord respectively, for the remaining term of the Lease, including any renewal periods set forth in said Lease; (b) Tenant agrees that it will not, without the express written consent of Mortgagee, prepay any minimum rental under the Lease to Landlord in excess of two (2) month's advance minimum rental; and (c) In the event that the Mortgagee shall succeed to the interest of the Landlord under the Lease, Tenant shall the Mortgagee agrees to be bound to Mortgagee the Tenant under all of the terms, covenants and conditions of the Lease Lease; provided, however, that Mortgagee shall not be: (i) liable for any act of omission of any prior landlord (including the balance of the term thereof remaining and Landlord); or (ii) subject to any extensions or renewals thereof which may be effected in accordance with any option therefor offsets not specifically provided for in the Lease, with Lease which the same force and effect as if Mortgagee were Tenant might have or thereafter have against any prior landlord (including the landlord under the LeaseLandlord); and Tenant does hereby attorn to Mortgagee, as its landlord, said attornment to be effective and self‑operative immediately upon Mortgagee succeeding to the interest or (iii) bound by any prepayment of the landlord more than two (2) month's minimum rental under the Lease without to any prior landlord (including the execution of any further instruments on the part of any of the parties hereto. Except as required under any Assignment of Leases contained in the Mortgage Landlord); or (iv) bound by an amendment, modification or a separate instrument, Tenant shall be under no obligation to pay rent to Mortgagee until Xxxxxx receives written notice from Mortgagee that it has succeeded to the interest of the landlord under the Lease. The respective rights and obligations of Tenant and Mortgagee upon such attornment, to the extent of the then remaining balance of the term surrender 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 reference with the same force and effect as if set forth at length hereinmade without its consent.

TENANT TO ATTORN TO MORTGAGEE. If the interests interest of the landlord under the Lease Landlord shall be transferred to and owned by Mortgagee by reason of foreclosure of the Mortgage or other proceedings brought by it in lieu of or pursuant to a foreclosure, or by in any other manner, and Xxxxxxxxx Mortgagee succeeds to the interest of the landlord Landlord under the Lease, 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 which may be effected in accordance with any option therefor therefore in the Lease, with the same force and effect as if Mortgagee were originally the landlord under the Lease; , and Tenant does hereby attorn to Mortgagee, Mortgagee as its landlord, said such attornment to be automatically effective and self‑operative immediately upon Mortgagee Mortgagee’s succeeding to the interest of the landlord Landlord under the Lease without the execution of any further instruments on the part of any of the parties hereto. Except as required under any Assignment of Leases contained in the Mortgage or a separate instrument, Tenant shall be under no obligation to pay rent to Mortgagee until Xxxxxx receives written notice from Mortgagee that it has succeeded to the interest of the landlord under the Lease. The respective rights and obligations of Tenant and Mortgagee upon such attornment, to the extent of the then remaining balance of the term of the Lease and any such extensions and renewalsrenewals thereto, shall be and are the same as now set forth therein, it being the intention of the parties hereto for this purpose to incorporate in the Lease in this Agreement as between Landlord and Tenant, the terms of which are hereby fully incorporated herein by reference with the same force and effect as if set forth at length hereinmade a part of this Agreement.

TENANT TO ATTORN TO MORTGAGEE. If Tenant agrees with Mortgagee that if the interests of Landlord in the landlord under the Lease Premises shall be transferred to and owned by Mortgagee by reason of foreclosure or other proceedings brought by it in lieu of or pursuant to a foreclosureit, or by any other manner, and Xxxxxxxxx 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 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 Landlord under the Lease; , and Tenant does hereby attorn to Mortgagee, Mortgagee as its landlordLandlord, said attornment to be effective and self‑operative immediately upon Mortgagee succeeding to the interest of the landlord under the Lease self-operative without the execution of any further instruments on the part of any of the parties hereto. Except as required under any Assignment of Leases contained in the Mortgage or a separate instrument, Tenant shall be under no obligation to pay rent to hereto immediately upon Mortgagee until Xxxxxx receives written notice from Mortgagee that it has succeeded succeeding to the interest of Landlord in the landlord Premises. Tenant has received a copy of the Assignment and consents thereto and 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. The respective rights and Tenant's obligations of Tenant and Mortgagee upon such attornment, to the extent under this Agreement shall not be affected by its surrender of the then remaining balance of Premises or its ouster therefrom in accordance with the term provisions of the Lease and by Landlord or 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 successor in interest to incorporate the Lease in this Agreement by reference with the same force and effect as if set forth at length hereinLandlord.

TENANT TO ATTORN TO MORTGAGEE. If Tenant agrees with Mortgagee that if the interests of Landlord in the landlord under the Lease Premises shall be transferred to and owned by Mortgagee by reason of foreclosure or other proceedings brought by it in lieu of or pursuant to a foreclosureit, or by any other manner, and Xxxxxxxxx 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 which 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 Landlord under the Lease; , and Tenant does hereby attorn to Mortgagee, Mortgagee as its landlordLandlord. Thereupon, said 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 to shall be effective and self‑operative immediately upon Mortgagee succeeding to the interest of the landlord under the Lease self-operative without the execution of any further instruments on the part of any of the parties hereto. Except as required under any Assignment of Leases contained in the Mortgage or a separate instrument, Tenant shall be under no obligation to pay rent to Mortgagee until Xxxxxx receives written notice from Mortgagee that it has succeeded hereto immediately upon Mortgagee’s succeeding to the interest of Landlord in the landlord 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. The respective rights and obligations of Landlord hereby releases Tenant and Mortgagee upon such attornment, from any claim that Landlord may have against Tenant based on Tenant’s compliance with Mortgagee’s directions pursuant to the extent of the then remaining balance of the 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 reference with the same force and effect as if set forth at length hereinAssignment.

TENANT TO ATTORN TO MORTGAGEE. If the interests of the landlord under the Lease Landlord shall be transferred to and owned by Mortgagee by reason of foreclosure or other proceedings brought by it in lieu of or pursuant to a foreclosure, or by any other manner, and Xxxxxxxxx Mortgagee succeeds to the interest of the landlord Landlord under the Lease, 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 which may be effected in accordance with any option therefor in the Leaseremaining, with the same force and effect as if Mortgagee were the landlord Landlord under the Lease; , and Tenant Xxxxxx does hereby attorn to Mortgagee, Mortgagee as its landlordLandlord, said attornment to be effective and self‑operative self-operative immediately upon Mortgagee succeeding to the interest of the landlord Landlord under the Lease without the execution of any further instruments on the part of any of the parties hereto. Except as required under any Assignment of Leases contained in the Mortgage or a separate instrument; provided, however, that Tenant shall be under no obligation to pay rent to Mortgagee until Xxxxxx Tenant receives written notice from Mortgagee that it has succeeded to the interest of the landlord Landlord under the Lease. The respective rights and obligations of Tenant and Mortgagee upon such attornment, attornment to the extent of the then remaining balance of the 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 Intention of the parties hereto for this purpose to incorporate the Lease in this Agreement by reference with the same force and effect as if set forth at length herein.

TENANT TO ATTORN TO MORTGAGEE. If Pursuant to the assignment of rents set forth in the Deed of Trust, or if the interests of the landlord under the Lease Landlord shall be transferred to and owned by Mortgagee by reason of foreclosure or other proceedings brought by it in lieu of or pursuant to a foreclosure, or by any other manner, and Xxxxxxxxx Mortgagee succeeds to the interest of the landlord Landlord under the Lease, 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 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 under the Lease; , and Tenant does hereby attorn to Mortgagee, Mortgagee as its landlord, said attornment to be effective and self‑operative self-operative immediately until release of the Deed of Trust or upon Mortgagee otherwise succeeding to the interest of the landlord Landlord under the Lease Lease, without the execution of any further instruments on the part of any of the parties hereto. Except as required under any Assignment of Leases contained in the Mortgage or a separate instrument; provided, however, that Tenant shall be under no obligation to pay rent to Mortgagee until Xxxxxx 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 the landlord under the LeaseMortgagee. The respective rights and obligations of Tenant and Mortgagee upon such attornment, to the extent of the then remaining balance of the 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 reference with the same force and effect as if set forth at length herein.