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201307954
<br /> After recording,return to:
<br /> RBS Citizens,N.A.
<br /> One Park Plaza, 600
<br /> Irvine,CA 92614
<br /> Attn: Dan Agnew
<br /> Re: CFT DEVELOPMENTS. LLC
<br /> Property ID#847
<br /> 960 Allen Dr.
<br /> Grand Island,NE 68803
<br /> SUBORDINATION,NON-DISTURBANCE AND ATTORNMENT AGREEMENT
<br /> This SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT (this
<br /> "Agreement") is entered into as of September 30, 2013 by and among CFT DEVELOPMENTS, LLC, a
<br /> California limited liability company, whose address is 1683 Walnut Grove Avenue, Suite 201, Rosemead,
<br /> California 91770("Lessor"),PANDA EXPRESS,INC..a California corporation, whose address is 1683 Walnut
<br /> Grove Avenue, Rosemead, California 91770 ("Lessee"), and RBS Citizens, N.A., having an office at 28 State
<br /> Street,Boston,MA, 02109,in its capacity as lender and administrative agent("Lender").
<br /> RECITALS:
<br /> WHEREAS, Lessee is the present lessee, and Lessor is the current lessor, under a Ground Lease dated
<br /> March 26, 2013 (the "Lease") between Lessor, as landlord, and Lessee, as tenant, demising the premises
<br /> known as Store #847, 960 Allen Dr., Grand Island, NE 68803, and more particularly described on Exhibit A
<br /> (the "Leased Premises");and
<br /> WHEREAS, Lender is the grantee under that certain Deed of Trust, Assignment of Rents, Security
<br /> Agreement and Fixture Filing dated as of September 30, 2013, covering the Leased Premises (the "Deed of
<br /> Trust")which Deed of Trust is recorded with County of Hall, State of Nebraska contemporaneously with this
<br /> Agreement.
<br /> NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the
<br /> receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows:
<br /> Section I. Lessee represents and warrants to Lender as follows: (a)Lessee will accept possession and
<br /> will occupy the Leased Premises pursuant to the terms of the Lease, and the Lease is in full force and effect;
<br /> (b)the Lease as described above has not been further modified,altered or amended; (c) there are no offsets or
<br /> credits against rentals, nor have rentals been prepaid except as provided by the Lease terms; (d) the original
<br /> term of the Lease is twenty (20) years: (e) Lessee has no claim to or interest in the Leased Premises, legal or
<br /> equitable,or any contract or option therefor other than as a lessee under the Lease and the Lease does not contain,
<br /> and Lessee does not otherwise have, an option to purchase the Leased Premises or any right of first refusal to
<br /> purchase the Leased Premises;and(f)Lessor is not in default of any of its obligations under the Lease, and, to the
<br /> best of Lessee's knowledge, no event has occurred which. with notice, the passage of time or both, would
<br /> constitute a default in any of Lessor's obligations under the Lease.
<br /> SNDA.CFT Developments 847 Page 1
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