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m <br /> 0� N 0—I H <br /> N mn <br /> 0 C> m <br /> o °- u w Zm IV m <br /> = 073 m <O O 0 <br /> o - 0 Z Oz w co <br /> rn O{ O A yW ON <br /> O <br /> O <br /> mom ca. D c <br /> rc,, W C <br /> koo E <br /> rn o O Z <br /> go A H <br /> U Z <br /> 0 <br /> RECORDING REQUESTED BY AND <br /> AFTER RECORDING, RETURN TO: <br /> Kutak Rock LLP <br /> California Street, Suite 3100 <br /> Denver, Colorado 80202 <br /> Attn: Nathan P. Humphrey <br /> SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE <br /> SUBORDINATION, NON-DISTURBANCE <br /> AND ATTORNMENT AGREEMENT <br /> This Sub9rdination, Non-Disturbance and Attornment Agreement ("Agreement"), is executed as <br /> of December Z 2012 and made effective as of December7S , 2012 among CITIBANK, N.A., <br /> ("JUlortaaaee"), STORE MASTER FUNDING II, LLC, a Delaware limited liability company ("Landlord"), <br /> and RMH FRANCHISE CORPORATION, a Kansas corporation ("Tenant"). <br /> Backaround <br /> A. Mortgagee has been appointed as the collateral agent pursuant to that certain Amended <br /> and Restated Collateral Agency Agreement dated September 19, 2011 by and among Mortgagee, <br /> Landlord and STORE Capital Corporation, a Maryland corporation ("STORE Caojtaf') and is the <br /> mortgagee of record as set forth in the [mortgage, deed of trust or deed to secure debt] (the "Security <br /> instrument") on Landlord's property described more particularly on Exhibit A attached hereto <br /> ("Property") <br /> B. Pursuant to that certain Limited Power of Attorney dated October 27, 2011, Mortgagee <br /> granted STORE Capital the authority to execute this Agreement of behalf of Mortgagee. <br /> C Tenant is the present lessee under that certain lease agreement between Landlord and <br /> Tenant dated as of the 11th day of December, 2012, as thereafter modified and supplemented ("Lease"), <br /> demising all of the Property as described more particularly in the Lease ("Leased Space") <br /> D. A requirement of the Security Instrument is that Tenant's Lease be subordinated to the <br /> Security Instrument. Landlord has requested Tenant to subordinate the Lease in exchange for Lender's <br /> agreement not to disturb Tenant's possession of the Leased Space upon the conditions set forth in this <br /> Agreement. <br /> 1 <br />