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200907946 they may have been amended from time to time shall hereafter be referred to as the "Lease;" and B. The Leased Premises are part of a larger tract of land located in the City of Grand Island, County of Hall, State of Nebraska, legally described in Schedule I attached hereto and incorporated herein by this reference ( "Shopping Center "); and C. Lender has made or has agreed to make a loan to Landlord in the maximum [aggregate] principal amount of $ , which loan shall be secured by that certain Deed of Trust Security Agreement and Fixture Financing Statement dated January 3, 2000 encumbering all or a part of the Shopping Center and recorded on on February 7, 2000 as Document No. 0200001027 in the Hall County Register of Deeds, Hall County, Nebraska ( "Mortgage "); and D. The parties desire to subordinate the Lease to the Mortgage and to establish certain rights of quiet and peaceful possession to the Leased Premises for Tenant's benefit together with certain obligations of attornment, all in the manner hereafter provided. The foregoing recitals are incorporated into and made an integral part of this Agreement. AGREEMENT: NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1. Subject to the terms and conditions set forth in this Agreement, the Tenant agrees that the Lease is and shall at all times be subordinate to the Mortgage. 2. Lender agrees that, if no default exists under the Lease which at such time would then permit Landlord to terminate the Lease or to exercise any dispossessory remedy provided for therein, (a) unless required by law, Tenant will not be made a party in any action or proceeding to foreclose the Mortgage or to remove or evict Landlord from the Leased Premises or from any part of the Shopping Center; (b) Tenant will not be evicted or removed from the Leased Premises or from any part of the Shopping Center nor will its possession or right to E