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201400404
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Last modified
8/19/2014 2:25:24 PM
Creation date
1/23/2014 4:00:04 PM
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DEEDS
Inst Number
201400404
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18767172.1 <br />SUBORDINATION, NON - DISTURBANCE AND ATTORNMENT AGREEMENT <br />This Subordination, Non - Disturbance and Attomment Agreement (this "Agreement ") is dated as <br />of the Effective Date set forth on Schedule A attached hereto and made a part hereof between <br />WELLS FARGO BANK NORTHWEST, NATIONAL ASSOCIATION, AS TRUSTEE <br />( "Lender "), the Lessee set forth on Schedule A attached hereto and made a part hereof <br />( "Tenant "), and the Borrower set forth on Schedule A attached hereto and made a part hereof <br />( "Landlord "). <br />RECITALS <br />AGREEMENT <br />201400404 <br />Fee Form except AZ, DE, MS, TX <br />A. Tenant is the tenant under that certain Lease described on Schedule A attached hereto <br />and made a part hereof (the "Lease "), of the premises described in Exhibit A attached <br />hereto and made a part hereof (the "Land "), together with the buildings and <br />improvements located on the Land ( "Improvements ") (collectively, the "Mortgaged <br />Property "). A memorandum or short form of the Lease . may be recorded approximately <br />simultaneously with the, recording of this Agreement with the Registry of Deeds /Office of <br />the Clerk or in the Land Records, as applicable, in the county or counties, city or cities, or <br />town or towns as applicable, and state or commonwealth where the Land is located (the <br />"Registry"). <br />B. This Agreement is being entered into in connection with a mortgage loan (the "Loan") <br />from Lender to Landlord, secured by, inter alia: (a) a first mortgage, deed of trust or deed <br />to secure debt on and of the Landlord's interest in the Mortgaged Property (the "Security <br />Instrument ") dated as of the Effective Date to be recorded with the Registry concurrently <br />with, but prior to, the recording of this Agreement; and (b) a first assignment of lease and <br />rents (the "Assignment of Lease and Rents ") dated as of even date herewith to be <br />recorded with the Registry concurrently with, but prior to, the recording of this <br />Agreement. The Security Instrument and the Assignment of Lease and Rents are <br />hereinafter collectively referred to as the "Loan Documents." <br />For mutual consideration, including the mutual covenants and agreements set forth below, the <br />receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: <br />1. Tenant agrees that the Lease, subject to the provisions of Section 20(a) of Part II of the <br />• Lease, and notwithstanding the exercise of a "Substitute Collateral Right" pursuant to <br />paragraph 19 of the Security Instrument, is and shall be, at the option of Lender upon <br />notice to Tenant, at any time and from time to time, either subject and subordinate, or <br />superior, to the Loan Documents and to all present or future advances under the <br />obligations secured thereby and all renewals, amendments, modifications, consolidations, <br />replacements and extensions of the secured obligations and the Loan Documents, to the <br />full extent of all amounts secured by the Loan Documents from time to time. Such <br />options of Lender may be exercised an unlimited number of times. This Agreement shall <br />constitute notice to Tenant that for the time being, until further written notice to the <br />
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