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2� 1 ��2��7 THIS SLTB�RDINATI�N, NUN-DISTURBAN�E AND ATT�RNMENT AGREEMENT �th�s "Agreem�nt"� is made as of the �day of ,� , ��15, by and between E��HAN�E BANK, a Nebraska banking organizati�n, ,having its princ�pa� place of business at �2�4 Allen Drive, P� �ox 5793, �rand Island, Nebraska �88�Z-5793 �t�gether with its suCcessors ar�dlor assigns, "Lender"} and SH�PK� ST�RES �PER.ATING C�., LL�, a Delaware limited liability �ampany hav�ng an address at 7�� Pilgrim Way, �reen Bay, Wisc�nsin 543�4 ("Tenant"}. RE�ITALS: A. Lender has advanced a loan to RAYM�ND J. �'��NN�R, TRUSTEE �F THE RAYM�ND J. �'C�NN�R REV��ABLE LIVIN� TRUST, and JENNIFER S. �]'��NN�R, TRUSTEE �F THE JENNIFER S. �'��]NN�R REV��ABLE LIVIN� TRUST �col�ectively, the "Borro,wer"� �n the principal sum of EI�HT MILLI�N AND N�I1�� D�LLARS �$$,��,DO�.��} (the "Laan"} advanced pursuant to that certain Loan Agreement of even date h�revvith betw�en Barrawer ar�d Lender �t�gether w�th a�l extensi�ns, reneWals, modif�cations, substitutions and amendments thereaf, the `�L�an Agreement"}. B. The Loan is secured by, among other things, a mortgage �the "Security Instrument"�, which grants Lender a first �i�n on the real pr�perty descri�ed on the attached Exhibit A (the "Pr�perty"�. �. Borrower has entered into a certain Lease Agreement �iated as of the date hereof �the "Lease"} with Tenant, wh�ch Lease relates to the Proper�y. D. Tenant has agr�ed t� Gonfirm the subardination of the Lease t� the Secur�ty Instrument and t� the liens thereof on the terms and conditi�ns hereinafter set forth. A�REEMENT: For g�od and valuable c�ns�deration, Tenant and Lender agr�e as fallows: 1, Subardination. The Lease i� and shall at all times be subj e�t and sub�rdinate in a�l respe�ts to the termsy co�enants and provis��ns af the Security Instrument and t� the liens thereof, �ncluding without �imitation, a�1 renewals, �ncreases, modif�cations, spreaders, consolidatians, replacements and extensions thereof and t� alI sums secured thereby and ad�an�es rnade thereunder w�th the same force and effect as if th� Security Instrument had been �xecuted, delivered and r��orded pri�r to the exe�utian and deliv�ry of the Lease. 2. Non-Disturbance and Attornment. If Lender or any ather subsequent purchaser af the Property shall bec�me the awner �f the Property by r�ason of the foreclosure of the Security Instrument or the a�ceptance of a deed or assignment in �ieu of fareciasure �r�y reason of any other enf�rcement �f the Secur�ty Instrument �Lender or such oth�r purchaser being hereinafter referr�d to as "Purchaser''�, provided no ev�nt of default ex�sts under the Lease, �a) Purchaser shal� not �i) disturb Tenant's po�sess�on �f the Property nor (ii� name Tenant as a paxty ta any for�closur� �r other proceeding to enforc� the Security Instrument and �b� an� sale ar other transfer �f the Property or of Borrower's inter�st in the Lease, pursuant ta foreclosure of the Security Instrum�nt ar the acceptan�� of a deed or as�ignment in lieu af fore�Iasure �r by � Grand Island, NE Q B115 6179.��D 7813 91742 3 5.1 �_