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n <br />a <br />m <br />#2265 - Grand Island <br />Grand Island, NE <br />SUBORDINATION, NON - DISTURBANCE AND ATTORNMENT AGREEMENT <br />THIS SUBORDINATION, NON - DISTURBANCE AND . ATTORNMENT AGREEMENT <br />( "Agreement ") is made as of the /JS day of fn wc_ h , 2001, between <br />ROBERT M. ALLEN FAMILY LIMITED PARTNERSHIP ( "Landlord "), ALBERTSON'S, INC., a <br />Delaware corporation ( "Tenant "), and GREAT SOUTHERN LIFE INSURANCE COMPANY <br />( "Lender "). <br />RECITALS: <br />A. Tenant is the holder of a leasehold interest in that certain real property together <br />with all easements, rights and appurtenances thereto located in the City of Grand Island, County <br />of Hall, State of Nebraska ( "Leased Premises ") pursuant to that certain Shopping Center <br />Ground Lease dated March 11, 1999, between Landlord and Tenant, and a Memorandum of <br />Shopping Center Ground Lease dated March 11, 1999, and recorded June 24, 1999 as <br />Instrument No. 99- 106375, official records of Hall County, Nebraska. The Shopping Center <br />Ground Lease and Memorandum of Shopping Center Ground Lease as they may have been <br />amended from time to time shall hereafter be referred to as the "Lease;" and <br />B. The Leased Premises are part of a larger tract of land located in the City of <br />Grand Island, County of Hall, State of Nebraska, legally described in Schedule I attached hereto <br />and incorporated herein by this reference ( "Shopping Center "); and <br />C. Lender has made or has agreed to make a loan to Landlord in the maximum <br />aggregate principal amount of $ q0 0 , 0 0 0 nn , which loan shall be secured by <br />that certain Deed of Trust encumbering all or a part of the Shopping Center, dated as of <br />_March 23, 2 0 01 , and recorded on m acc \, 10, aco 1 as Instrument <br />No. 0-)C61 - 0966 j , Official Records of Hall County, Nebraska ( "Mortgage "); and <br />D. The parties desire to subordinate the Lease to the Mortgage and to establish <br />certain rights of quiet and peaceful possession to the Leased Premises for Tenant's benefit <br />together with certain obligations of attornment, all in the manner hereafter provided. <br />;o <br />{� <br />� <br />a <br />c <br />M <br />> <br />v <br />o <br />r—' <br />n cn <br />° __4 <br />_ <br />p, <br />to <br />cD <br />RECORDING REQUESTED AND <br />CD <br />WHEN RECORDED RETURN TO: <br />m 4-1- <br />C= <br />c> <br />0 <br />W <br />o <br />0 -n <br />as <br />o 20 <br />Albertson's, Inc. <br />-" , . <br />° <br />'' <br />►-� "" <br />250 Parkcenter Blvd. <br />�A. <br />m <br />o W <br />P. O. Box 20 <br />=3 <br />N <br />ry <br />Boise, ID 83726 <br />w <br />Attention: Legal Department Real Est to <br />D <br />co <br />rn_ <br />N <br />N <br />W <br />Cn <br />O <br />#2265 - Grand Island <br />Grand Island, NE <br />SUBORDINATION, NON - DISTURBANCE AND ATTORNMENT AGREEMENT <br />THIS SUBORDINATION, NON - DISTURBANCE AND . ATTORNMENT AGREEMENT <br />( "Agreement ") is made as of the /JS day of fn wc_ h , 2001, between <br />ROBERT M. ALLEN FAMILY LIMITED PARTNERSHIP ( "Landlord "), ALBERTSON'S, INC., a <br />Delaware corporation ( "Tenant "), and GREAT SOUTHERN LIFE INSURANCE COMPANY <br />( "Lender "). <br />RECITALS: <br />A. Tenant is the holder of a leasehold interest in that certain real property together <br />with all easements, rights and appurtenances thereto located in the City of Grand Island, County <br />of Hall, State of Nebraska ( "Leased Premises ") pursuant to that certain Shopping Center <br />Ground Lease dated March 11, 1999, between Landlord and Tenant, and a Memorandum of <br />Shopping Center Ground Lease dated March 11, 1999, and recorded June 24, 1999 as <br />Instrument No. 99- 106375, official records of Hall County, Nebraska. The Shopping Center <br />Ground Lease and Memorandum of Shopping Center Ground Lease as they may have been <br />amended from time to time shall hereafter be referred to as the "Lease;" and <br />B. The Leased Premises are part of a larger tract of land located in the City of <br />Grand Island, County of Hall, State of Nebraska, legally described in Schedule I attached hereto <br />and incorporated herein by this reference ( "Shopping Center "); and <br />C. Lender has made or has agreed to make a loan to Landlord in the maximum <br />aggregate principal amount of $ q0 0 , 0 0 0 nn , which loan shall be secured by <br />that certain Deed of Trust encumbering all or a part of the Shopping Center, dated as of <br />_March 23, 2 0 01 , and recorded on m acc \, 10, aco 1 as Instrument <br />No. 0-)C61 - 0966 j , Official Records of Hall County, Nebraska ( "Mortgage "); and <br />D. The parties desire to subordinate the Lease to the Mortgage and to establish <br />certain rights of quiet and peaceful possession to the Leased Premises for Tenant's benefit <br />together with certain obligations of attornment, all in the manner hereafter provided. <br />