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201202781
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201202781
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Last modified
6/5/2012 4:32:03 PM
Creation date
4/10/2012 8:50:02 AM
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DEEDS
Inst Number
201202781
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�01�027�� <br />3. The parties agree that Lender would not have made the loan to Owner which is secured by, among <br />other things, the Deed of Trust/Mortgage without the subordination of the interests of Tenant in the <br />Real Property so that such interests are junior and inferior to the interests of Lender under the Deed <br />of Trust/Mortgage. <br />AGREEMENT <br />NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other <br />valuable consideration, the receipt and sufficiency of which consideration is hereby acknowiedged, and in <br />order to induce Lentler to make the loan above referred to, it is hereby declared, understood and agreed <br />as follows: <br />1. The Deed of Trust/Mortgage securing a note in favor of Lender, and any renewals, modifica6ons, <br />amendments or extensions thereof, shall unconditionally be and remain at all times a lien or charge <br />on the Reai Property prior and superior to the Lease, to the leasehold estate created thereby and to <br />all rights and privileges of Tenant or its successors thereunder, and said Lease, the leasehold estate <br />created thereby together with all rights and privileges of Tenant thereunder are hereby subjected, and <br />made subordinate, to the lien or charge of the Deed of Trust/Mortgage in favor of Lender. <br />2. This agreement shall be the whole and only agreement with regard to the subjection and <br />subordination of the Lease and the leasehold estate created thereby together writh all rights and <br />privileges of Tenant thereunder to the lien or charge of the Deed of Trust/Mortgage in favor of Lender <br />above referred to and shall supersede and cancei, but only insofar as wouid affect the priority <br />between the Lease and the Deed of Trust/Mortgage hereinbefore specifically described, any prior <br />agreemenfs as to such subJection or subordination, including, but not limited to, those provisions, if <br />any, contained in the Lease above described, which provide for the subjection or subordination of <br />said Lease and the teasehold estate created thereby to a deed or deeds of trust or to a mortgage or <br />mo�tgages. Tenant declares, agrees and acknowriedges tha� <br />a. L�nder in making disbursements pursuant to any loan or escrow agreements, beiween <br />Owner and Lender for the disbursement of the proceeds of Lender's Loan is under no <br />obligation or duty to, nor has Lender represented that it wrill, see to the application of such <br />proceeds by the person or persons to whom Lender disburses such proceeds and any <br />application or use of such praceeds for purposes other than those provided for in such <br />agreement or agreements shall not defeat the subordination herein made in whole or in part; <br />and <br />b. Tenant intentionally and unconditionally subjects and subordinates the Lease above <br />described, the leasehold estate created thereby together with all rights �and privileges of <br />Tenant thereunder in favor of the lien or charge upon said land of the Deed of Trust/Mortgage <br />in favor of Lender above refeRed to and understands that in reliance upon, and in <br />consideration of, this subjection and subordination specific loans and advances are being and <br />will be made and, as part and parcel thereof, specific monetary and other obligations are <br />being and will be entered into which would not be made or entered into but for said reliance <br />upon this subjection and subordination. <br />3. Non-Disturbance Agreement. Despite the subordination under the above, Tenant's peaceful and <br />quiet possession of the Leased Premises shall not be disturbed and Tenant's rights and privileges <br />under the Lease shall not be diminished by Lender's exercise of its rights or remedies under the Deed <br />of Trust and any related loan documents, provided that Tenant <br />�� <br />� � � `° I� ' a-`' <br />
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