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Pa m N C i 0 _ Z ri Q Iti 1......... r, 1n x Z w CA) After filing, return to: Tim O'Neill O'Neill, Heinrich, Damkroger, Bergmeyer & Shultz, P.C., L.L.O. 800 Lincoln Square 121 South 13 Street Lincoln, NE 68508 RECITALS: NON - DISTURBANCE AND ATTORNMENT AGREEMENT r -.5 G� -<• — Pte) 00 C) `*1 THIS NON - DISTURBANCE AND ATTORNMENT AGREEMENT (the "Agreement ") is made and entered into as of the date of the last signatory hereto, by and between Southern Hospitality Ventures, Inc. ( "Tenant ") and Nebraska Bank of Commerce ( "Lender "), and JoE1 Investment Group, LLC ( "Landlord "). WHEREAS, Landlord and Tenant executed a Lease dated as of June 23, 2015 (the "Lease "), a memorandum of which was recorded on August 17, 2015, at Instrument Number 201505603, of the official records of the Hall County Register of Deeds, State of Nebraska covering a certain Premises therein described located on a parcel of real estate, a legal description of which is attached hereto and incorporated herein by this reference as Exhibit A (said parcel of real estate and the Premises being sometimes collectively referred to herein as the "Property"); and WHEREAS, Landlord has executed a Construction Deed of Trust (the "Deed of Trust ") dated August 24, 2015 and recorded on September 11, 2015 at Instrument Number 201506212 of the official records of the Hall County Register of Deeds, State of Nebraska in favor of Lender, payable upon the terms and conditions described therein; and WHEREAS, it is a condition to the Deed of Trust that the Deed of Trust shall unconditionally be and remain at all times a lien or charge upon the Property, prior and superior to the Lease and to the leasehold estate created thereby; and WHEREAS, the parties hereto desire to assure Tenant's possession and control of the Property under the Lease upon the terms and conditions therein contained;