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<br />200511358
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<br />SUBORDINATION, NON-DISTURBANCE AND
<br />ATTORNMENT AGREEMENT
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<br />THIS AGREEMENT made as of this ;'-11: day of N'JJ~~(/r ,2005, by
<br />and between WELLS FARGO BANK, NATIONAL ASSOCIATION, appearing of record as
<br />MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Delaware corporation
<br />(collectively, the "Lender") and KOHL'S ILLINOIS, INC., a Nevada corporation ("Tenant").
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<br />R E C! I A.b S:
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<br />A. Tenant has entered into a certain Lease dated November 30, 2004, as
<br />amended, modified and/or supplemented by that certain Guaranty of Lease dated
<br />November 30, 2004, Memorandum of Lease dated November 29, 2004, Guaranty of Lease
<br />dated February 28, 2005 and letter permitting Landlord's delay in the installation of the
<br />landscaping dated July 28,2005 (collectively, the "Lease") for certain premises located in
<br />the City of Grand Island, Hall County, Nebraska, and legally described in Exhibit A
<br />attached hereto and made a part hereof (the "Premises").
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<br />B. Lender is the mortgagee under a Deed of Trust and Security Agreement (the
<br />"Security Instrument"), between 281 & Old Potash LLC, a Nebraska limited liability
<br />company ("Landlord") and Lender, dated NoJemh:.r J Lf , 2005 and recorded with the
<br />Hall County, Nebraska Recorder in Book'~- ,Page - , encumbering the
<br />Premises and a specific Assignment of Leases and Rents d~q,ted.A.1tk~kr 14 ,2005 and
<br />recorded with the Hall County, Nebraska Recorder in Bool(X" -- , Page - (the
<br />"Assignment") assigning the Lease. Both the $~cU(ity Instrument an~ the Assignm~nt
<br />secure a loan or loans from Lender to Landlord~ tbU.{fYlevl"L 4f- c;t"C6 ~-; II ~S7
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<br />C. Each party hereto has requested the other party to enter into this Agreement.
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<br />A G R E E MEN I s:
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<br />NOW, THEREFORE, in consideration of the above Recitals and the agreements of
<br />the parties set forth below, and for One Dollar ($1.00) and other good and valuable
<br />consideration, the parties hereto agree as follows:
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<br />1. The Lease and each and every term and condition thereof, and any
<br />extensions, renewals, replacements or modifications thereof, and all of the right, title and
<br />interest of Tenant in and to the Premises are and shall be subject and subordinate to the
<br />Security Instrument and to all of the terms and conditions contained therein, all advances
<br />made or to be made thereunder, and to any renewals, modifications, supplements,
<br />replacements, consolidations, increases and extensions thereof.
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