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•■ <br />N ;ETURN TO: <br />I. Wilson 1002- 89228"k <br />republic Title of Texas, Inc. i\ <br />� <br />626 Howell Street, 10` Floor 1� <br />)alias, TX 75204 -4064 <br />)OCUMENT PREPARED BY: <br />Harbor Freight Tools <br />Legal Department <br />26541 Agoura Road <br />Calabasas, California 91302 <br />Attention: Real Estate Paralegal <br />NOW, THEREFORE, the parties hereby agree as follows: <br />m <br />-n <br />C <br />Z <br />fl <br />SUBORDINATION, NONDISTURBANCE AND ATTORNMENT AGREEMENT <br />(Gordman Grand Island) <br />THIS AGREEMENT (the "Agreement ") is made and entered into this tS day of O�" , 2015, by and <br />among HARBOR FREIGHT TOOLS USA, INC., a Delaware corporation ( "Tenant "), whose address is 26541 <br />Agoura Road, Calabasas, CA 91302, Attn: Vice President of Real Estate with a copy to General Counsel; FIRST <br />NATIONAL BANK OF OMAHA, a national banking association ( "Lender "), whose address is 1620 Dodge Street, <br />Omaha, Nebraska 68102; and GORDMAN GRAND ISLAND, L.L.C., a Nebraska limited liability company, <br />whose address is 444 Regency Parkway, Suite 202, Omaha, Nebraska 68114 ( "Borrower "). <br />RECITALS: <br />(f <br />*1 <br />' '1 <br />r <br />t <br />rr> <br />A. Lender has made a mortgage loan ( "Loan") to Borrower secured by a Deed of Trust, Security Agreement <br />and Assignment of Rents dated December 31, 2012 (the "Deed of Trust ") on the real property which includes the <br />real estate in Hall County, Nebraska, legally described on Exhibit "A" attached hereto (the "Demised Premises "), <br />such Deed of Trust being filed of record on January 11, 2013, under Document Number 201300304 of the Official <br />Public Records of Hall County, Nebraska; and <br />B. Tenant is the Tenant under a Lease dated as of Oc )Ky IS , 20IS in which Borrower is <br />Landlord (the "Lease "); and <br />C. Lender requires that Tenant subordinate the Lease and its interest in the Demised Premises in all respects to <br />the lien of the Deed of Trust and Tenant attorn to Lender and acknowledge that the Lease is in full force and effect; <br />and <br />D. In return, Lender is agreeable to not disturbing Tenant's possession of the Demised Premises so long as <br />Tenant is not in default under the Lease. <br />1. Subordination. The rights of Tenant in, to, and under the Lease, and the Demised Premises are hereby <br />subordinated, and shall remain, in all respects and for all purposes, subordinate to the lien of the Deed of Trust and <br />to any and all renewals, modifications, and extensions thereof, and any and all other instruments held by Lender as <br />security for the Loan. <br />2. Tenant Not to be Disturbed. So long as Tenant is not in default (beyond any period given Tenant by the <br />terms of the Lease to cure such default) in the payment of rent or additional rent or in the performance of any of the <br />terms, covenants, or conditions of the Lease on Tenant's part to be performed, (a) Tenant's possession of the <br />Demised Premises, or any extension or renewal rights therefor in the Lease, and Tenant's rights under the Lease <br />Grand Island, NE 1 <br />