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'ate -• \Z T i S IV co _. t a (Q c 3 NDA - 08.31.11 2482933 -1 6331.0050000 RECITALS: C cn C D i T) Z — I fV i c `` C) - . - 1 1 ' :, ry r.) cs1 60 NON - DISTURBANCE AND ATTORNMENT AGREEMENT This Non - Disturbance and Attornment Agreement ( "Agreement ") dated this 19th day of March, 2013, between Symetra Life Insurance Company, a Washington corporation whose address for notices is PO Box 84066, Seattle, WA 98124 -8466 (the "Lender "), EIG Grand Island, LLC, an Indiana corporation ( "Landlord "), whose address for notices is 111 East Wayne Street, Suite 500, Fort Wayne IN 46802; and Shoe Carnival Inc., an Indiana corporations whose address for notices is 7500 East Columbia Street, Evansville, IN 47715 (the "Tenant ") with respect to the real property located in Hall County, Nebraska more particularly described in Exhibit A attached hereto and made a part hereof (the "Property "). A. Lender has made a loan to Landlord, evidenced by a Promissory Note and secured by a mortgage or deed of trust recorded at Recording No. 0200503788, records of Hall County, Nebraska (the "Security Instrument ") and an assignment of leases and rents ( "Assignment of Leases ") of even date therewith with respect to the Property (the Deed of Trust, Assignment of Leases and any other documents evidencing or securing the loan are jointly referred to herein as the "Loan Documents "); and B. Tenant has entered into a lease of all or a portion of the Property (the "Premises ") pursuant to an unrecorded lease between Landlord and Tenant dated January 29, 2013 (which lease, as it may have previously been or may hereafter be amended, is referred to herein as the "Lease "), which Premises are commonly known as Suite # located at 3420 West State Street, City of Grand Island, NE, which lease is evidenced by a memorandum of lease recorded under Recording Number 201301155, records of Hall County, Nebraska and C. Tenant, recognizing that the lien and charge of the Security Instrument on the Premises is prior and superior to that of the Lease, has requested that Lender agree not to disturb Tenant's rights in the Premises in the event Lender should foreclose the Security Instrument, provided no event of default under the Lease on the part of Tenant has occurred and is continuing, and provided that Tenant attorns to Lender or to the purchaser at any foreclosure or trustee's sale of the Property. NOW, THEREFORE, in consideration of the foregoing and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is hereby represented and agreed as follows: -1- Symetra Loan No. 1508