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20120275� 3. The parties agree that Lender would not have made the loan to Owner which is secured by, among other things, the Deed of Trust/Mortgage brithout the subordination of the interests of Tenant in the Reai Property so that such interests are junior and inferior to the interests of Lender under the Deed of TrusUMortgage. AGREEMENT NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lencler to make the loan above referred to, it is hereby declared, understood and agreed as follows: The Deed of TrustJMortgage securing a note in favor of Lender, and any renewals, modifications, amendments or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the Real Property prior and superior to the Lease, to the leasehold estate created thereby and to all rights and privileges of Tenant or its successors thereunder, and said Lease, the leasehold estate created thereby together with all rights and privileges of Tenant thereunder are hereby subjected, and made subordinate, to the lien or charge of the Deed of Trust/Mortgage in favor of Lender. 2. This agreement shall be the vuhole and only agreement with regard to the subje�tion and subordination of the Lease and the leasehold estate created thereby together with all rights and privileges of Tenant thereunder to the lien or charge of the Deed of Trust/Mortgage in favor of Lender above referred to and shall supersede and cancel, but only insofar as would affect the priority between the Lease and the Deed of TrusUMortgage hereinbefore specifically described, any prior agreements as to such subjection or subordination, including, but not limited to, those provisions, if any, contained in the Lease above described, which provide for the subjection or subordination of said Lease and the leasehold estate created thereby to a deed or deeds of trust or to a mortgage or mortgages. Tenant declares, agrees and acknowledges that: a. Lender in making disbursements pursuant to any loan or escrow agreements, between Owner and Lender for the disbursement of the proceeds of Lender's Loan is under no obligation or duty to, nor has Lender represented that it will, see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; and b. Tenant intentionally and unconditionally subjects and subordinates the Lease above described, the leasehold estate created thereby together v�rith all rights •and privileges of Tenant thereunder in favor of the lien or charge upon said land of the Deed of Trust/Mortgage in favor of Lender above referred to and understands that in reliance upon, and in consideration of, this subjection and subordination specific loans and advances are being and wrill be made and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this subjection and subordination. 3. Non-Disturbance Agreement. Despite the subordination under the above, TenanYs peaceful and quiet possession of the Leased Premises shall not be disturbed and TenanYs rights and privileges under the Lease shall not be diminished by Lender's exercise of its rights or remedies under the Deed of Trust and any related loan documents, provided that Tenant: �� .. �� � � .