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THIS SUBORDINATION, NON - DISTURBANCE AND ATTORNMENT AGREEMENT
<br />( "Agreement ") is made as of the C2$a day of 'y_c.,r Ch , 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 Ground Lease dated
<br />September 22, 2000, between Landlord and Tenant, and a Memorandum of Ground Lease
<br />dated September 22, 2000, and recorded September 25, 2000 as Instrument No. 200007945,
<br />official records of Hall County, Nebraska. The Shopping Center Ground Lease and
<br />Memorandum of Shopping Center Ground Lease as they may have been amended from time to
<br />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 $—Ann , 0 0 0 nn , which loan shall be secured by
<br />that certain Deed of Trust encumbering all or a part of the Shopping Center, dated as of
<br />P4arch 23, 2001 , and recorded on 01&rCV\_ 36, aern 1 as Instrument
<br />No. o)I- 0,966,5 , Official Records of Hall County, Nebraska ( "Mortgage "); and
<br />D. The parties desire to subordinate the Lease to the Mortgage and to establish
<br />certain rights of quiet and peaceful possession to the Leased Premises for Tenant's benefit
<br />together with certain obligations of attornment, all in the manner hereafter provided.
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<br />250 Parkcenter Blvd.
<br />P. O. Box 20
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<br />Attention: Legal Department Real Es to
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<br />200102775
<br />(Space above this line for Recorder's Use)
<br />#2265 - Grand Island
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<br />Grand Island, NE
<br />SUBORDINATION, NON - DISTURBANCE AND ATTORNMENT AGREEMENT
<br />THIS SUBORDINATION, NON - DISTURBANCE AND ATTORNMENT AGREEMENT
<br />( "Agreement ") is made as of the C2$a day of 'y_c.,r Ch , 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 Ground Lease dated
<br />September 22, 2000, between Landlord and Tenant, and a Memorandum of Ground Lease
<br />dated September 22, 2000, and recorded September 25, 2000 as Instrument No. 200007945,
<br />official records of Hall County, Nebraska. The Shopping Center Ground Lease and
<br />Memorandum of Shopping Center Ground Lease as they may have been amended from time to
<br />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 $—Ann , 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 />P4arch 23, 2001 , and recorded on 01&rCV\_ 36, aern 1 as Instrument
<br />No. o)I- 0,966,5 , 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.
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