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SNDA
<br />RECORDING REQUESTED BY, AND
<br />WIIEN RECORDED RETURN TO:
<br />Mattress Firm, Inc.
<br />10201 South Main Street
<br />Houston, Texas 77025
<br />Attention: Real Estate Department
<br />202302265
<br />SPACE ABOVE THIS UNE Fare FtEcortoots UE
<br />SUBORDINATION, NON -DISTURBANCE
<br />AND ATTORNMENT AGREEMENT
<br />THIS SUBORDINATION, NON -DISTURBANCE AND ATTORNMENT
<br />AGREEMENT ("Agreement") is made and entered into as of the 10th day of March, 2023, by
<br />and among HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND,
<br />having an address of 221 S. Locust Street Grand Island, Nebraska 68801 (the "Lender"),
<br />MATTRESS FIRM, INC., a Delaware corporation, having an address of 10201 South Main St.,
<br />Houston, Texas 77025 (the "Tenant"), and RAYMOND J. O'CONNOR AND JENNIFER S.
<br />O'CONNOR, having an address of 2502 N. Webb Rd., Grand Island, Nebraska, 68803
<br />(collectively, the "Landlord"), with reference to the following facts:
<br />Landlord is the fee simple owner of those certain lots, tracts or parcels of land located at
<br />1040 Allen Drive, Grand Island, NE, legally described on Exhibit "A" attached hereto
<br />(collectively, the "Shopping Center").
<br />Lender has made or is about to make a loan to Landlord in the principal amount of One
<br />Million One Hundred Seventy -Five Thousand Three Hundred Twenty 'Seven Dollars
<br />($1,175,327.) (the "Loan").
<br />To secure the Loan, Landlord has encumbered or intends to encumber the Shopping
<br />Center by entering into [a mortgage /that certain mortgage dated September 9, 2014 jin favor
<br />of Lender (as amended, renewed, extended, spread, consolidated, severed, restated, or otherwise
<br />changed from time to time, the "Mortgage") [recorded on September 9, 2014, Document
<br />Number 201405666 at Hall County Register of Deeds, Hall County Nebraska./
<br />Pursuant to that certain Lease Agreement effective as of March 10, 2023 (the "Lease"),
<br />Landlord demised to Tenant a retail premises within the Shopping Center consisting of
<br />approximately 4,137 leasable square feet of space (the "Premises").
<br />Tenant and Lender desire to agree upon the relative priorities of their interests in the
<br />Premises and their rights and obligations if certain events occur.
<br />NOW, THEREFORE, for good and sufficient consideration, and intending to be legally
<br />bound, Tenant, Lender and Landlord hereby agree as follows:
<br />
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