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THIS INSTRUMENT WAS PREPARED BY AND AFTER RECORDING SHOULD BE RETURNED TO: Burlington Coat Factory Warehouse Corporation J 1830 Route 130 ?/ r Burlington, NJ 08016 Attn: Legal Department BACKGROUND SUBORDINATION, NON - DISTURBANCE AND ATTORNMENT AGREEMENT w CD THIS SUBORDINATION, NON - DISTURBANCE AND ATTORNMENT AGREEMENT (this "Agreement ") is made and entered into as of A. A. , 2017, by and among BURLINGTON COAT FACTORY WAREHOUSE CORPO TION, a Delaware corporation ( "Tenant "), whose address is 1830 Route 130 North, New Jersey 08016; FIRST NATIONAL BANK OF OMAHA, a national banking association ( "Lender "), whose address is 1620 Dodge Street, Omaha, Nebraska 68102; and GRAND ISLAND JOINT VENTURE, LLC, a Missouri limited liability company, whose address is 2127 Innerbelt Business Center Drive, Suite 310, St. Louis, Missouri 63114 ( "Landlord "). A. Lender has made a mortgage loan ( "Loan") to Landlord secured by a Deed of Trust, Security Agreement and Assignment of Rents (the "Deed of Trust ") on the real property which includes the real estate in Hall County, Nebraska, legally described on Exhibit "A" attached hereto and made a part hereof (the "Real Estate "); and B. Tenant is the Tenant under a Lease dated �C, ar Qo , 2017, (the "Lease "), pursuant to which the Tenant has leased certain premises (the "Leased Premises ") consisting of approximately 40,000 square feet of ground floor space in the building ( "Building ") on the Real Estate (the Real Estate, the Leased Premises and the Building, collectively referred to herein as the "Property ") located at 2230 Webb Road, Grand Island, Nebraska; and C. Lender requires that Tenant subordinate the lien of the Lease and its interest in the Property in all respects to the lien of the Deed of Trust and Tenant attorn to Lender and acknowledge that the Lease is in full force and effect; and D. In return, Lender is agreeable to not disturbing Tenant's possession of the Leased Premises.