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8Vac 100606 ( "Landlord ") and Med hest Health Care Management Corporation - -. -;( "Assignor") ; 7: Assignment and Assumption of Lease and Option to Purchase made the 8th day of March, 1983 between Beverly Enterprises - Nebrasl a, Inc., a California corporation ("Assignee ") and Med West Health Care Management Corporation, a South Dakota corporation {"Assignor "), whereby the Lease, as amended. was assigned_ to Beverly Enterprises-- Nebraska, Inc.; and WHEREAS, Landlord remains the owner of the Mortgaged Property, subject to the Lease; and WHEREAS, the said Borrower has made application to Beneficiary for a loam in the amount of $1,2OO,000.O0. to be evidenced by the $1,2OO,OOtN.4O Promissory Rote of Borrower (tine ":'Note °) and secured y Fr a Deed of Trust, Security Agreement and Assignment of items; constituting a first lien upon the Uortgaged Property. a separate Security Agreement, an Assignment of Leases. Rents and ' Option Proceeds, a Uniform Commercial Code Financing Statement and an Escrow Security Agreement (collectively the "Loan Documents); and WHEREAS, Beneficiary has agreed to make the loan to the Borrow upon condition that the undersigned execute and deliver the within Subordination, Attornment and Nondisturbance Agreement. x NOW, THEREFORE, in consieeration of the premises and the sum of _u m; One Dollar ($1.00) and outer valuable considemfion, the receipt and sufficiency whereof is hereby acknowledged, it is hereby agreed between the parties as .follows 1. Said Lease is, and shall be, subject and subordinate to the £, liens and security interests granted to Beneficiary under the Loan Documents, together with all renewals, modifications, consolidations. y replacements and extensions of the Loan tents_ 7. Tenant agrees that it will attorn to, and recognize. (a) any s � purchaser at a foreclosure sale under the Loan Documents, (b) any %' transferee who acquires the of Property by deed in lieu f foreclosure, and (c) the successors and assigns of such purchasers. as its landlord for the unexpired balance (and any extensions. if exercised) l of the term of said Lease upon the same terms and conditions set, forth in said Lease. 3_ In the eve -it that it should become necessary to foreclose the liens or security interests granted by the Loan Documents, Beneficiary will not terminate S3nd .Lease, nor join Tenant in non - judicial or judicial foreclosure proceedings, so long as Tenant is not in default under any of the terms, covenants or conditions of said Lease. 9. In the event that Beneficiary shalt succeed to the interest of Landlord under such Lease, Beneficiary shall not be -2-