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Grand Island, Nebraska 3323 West State Street UC: 026-0016 File #3632 200706408 Prepared by Katrina Washington After Recorded, return to: Katrina Washington McDonald's Corporation One McDonald's Plaza Oak Brook, IL 60523 NON-DISTURBANCE ATTORNMENT AND SUBORDINATION AGREEMENT (DEED OF TRUST 05-15-07) THIS AGREEMENT is dated July d..ot~ 2007 between HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND ("Beneficiary") having its offices at 221 S. Locust Street, Grand Island, Nebraska 68802 and McDONALD'S CORPORATION, a Delaware corporation ("Tenant") having its offices at One McDonald's Plaza, Oak Brook, Illinois 60523. PRELIMINARY STATEMENTS A. Tenant has executed a Ground Lease dated April 28, 1975, as amended by agreement dated j v I ~ I LQ , 2007 ("Lease") with CONESTOGA NORTH, LLC, a Nebraska limited liability compan , DONALD D. MEHRING, and NANCY A. ERWIN, TRUSTEE OF THE NANCY A. ERWIN DECLARATION OF TRUST DATED MARCH 10, 1986, as successor in interest by mense conveyances to Fred F. Mehring and Helen M. Mehring, husband and wife and Donald D. Mehring and Nancy Ann Erwin, son and daughter, each having an undivided ~ interest, as tenants in common ("Landlord") for the premises ("Premises") described in Exhibit A. B. Beneficiary holds a Deed of Trust on the Premises or a portion of the Premises. The Deed of Trust is dated May 15, 2007, and is recorded May 21, 2007 as Document No. 0200704096. C. Tenant and Beneficiary desire to establish certain rights, safeguards, obligations, and priorities with regard to their respective interests by means of the Non-Disturbance, Attornment and Subordination Agreement. TERMS OF THE AGREEMENT IN CONSIDERATION of the mutual covenants of the parties and other good and valuable consideration, Beneficiary and Tenant agree as follows: 1. Provided the Lease is in full force and effect and Tenant is not in default under the Lease (beyond any period given Tenant to cure the default), then: (a) Tenant's right of possession to the Premises and Tenant's other rights arising out of the Lease shall not be affected or disturbed by Beneficiary in the exercise of any of its rights under the Deed of Trust or the note which it secures. Further, Tenant shall not be named as a party defendant in any foreclosure of the lien of the Deed of Trust nor in any other way be deprived of its rights under the Lease. (b) In the event Beneficiary or any other person acquires title to the Premises pursuant to the exercise of any remedy provided for in the Deed of Trust or by conveyance in lieu of foreclosure, the Lease shall not be terminated or affected by the foreclosure, conveyance or sale in any such proceeding. Beneficiary also covenants that any sale by it of the Premises as a result of the exercise of any rights and remedies under the Deed of Trust, or otherwise, shall be made subject to the Lease and the rights of Tenant under the Lease, and Tenant covenants and agrees to attorn to Beneficiary, or such person, as its new Landlord, and the Lease shall continue in full force and effect as a direct lease between Tenant and Beneficiary, or such person, upon all of the terms, covenants, conditions and agreements set forth in the Lease. However, in no event shall Beneficiary or such person be: S:\HO\DEPTlLegal\USLEGAL\assetmgt\Division - Central\026\0016\NDA Home Fed Savings,doc