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<br /> r � ' . - 201109172 .
<br /> This form prepared by: -
<br /> Brian M. Fox,Esq.
<br /> DARDEN
<br /> 1000 Darden Center Drive ,
<br /> Or3ando,FL 32837
<br /> NON-DISTURBANCE AGREEMENT
<br /> This Non-Disturbance Agreement("Agreement") is by and between GMRI,Inc., a F�orida corporation,as"Tenant",
<br /> and Comtnerce Bank, as"Mortgagee",and Batis De�elopment Company,a Kansas corporation as"Landlord". �
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<br /> RECITALS:
<br /> A. On August 5,2011 Landlvrd and Tenant entered into a written Lease("Lease") for certain Premises in the
<br /> City of Grand Island,Caunty of Hall,and State of Nebraska,which are inore particularly described in E�ibit"A-1"
<br /> {"Premises"), attached to this Agreement and incorporateci into this Agreemen#by reference wikh the same force and -
<br /> effect as if set forth at length;and
<br /> B. Mortgagee is the holder of a lien and e�cuznbrance on the Premises as sec�irity for.the�obligation of
<br /> Landlord pursuant to a document entitled Constructaon Deed ofTrust, dated August 2b, �011, recorded on August
<br /> 30, 20I las instrument Na. 0201106477 in the public records of Ha[I County; Nebrasl�a;.and Assignment of Rents
<br /> dated August 2G,2011,recorded on August 30,2011 as fl201106478("coIlectively,"Moc-tgage") i
<br /> , C. `Fhe pa�-ties desire to acknowledge Tenant's interest in the Premises.and its rights under the Premises so
<br /> long as Tenant is noi in default under the Lease.
<br /> THEREFORE, in consideration of the mutual covenants contained in t�is.Agreement, Tenant,. Mortgagee and ,
<br /> Landlord agree as foliows:
<br /> 1. Non-�isturbance. Mortgagee recognizes and agrees to�honor aIl of Tenant's-rights under the
<br /> Lease and al3 of Landlord's obligations under the Lease, including without limitation, the use�and distcibution oF
<br /> insurance and condemnation praceeds. So long as Tenant is not in de#'ault, past the applicable cure period, in the
<br /> performance of any of the Terms of the.Lease, Tenant's possession of the Premises and �Tenant's rights aad
<br /> privileges under the Lease, including any renewal options, will not be disturbed, diminished or interfered with by
<br /> Mortgagee,Mortgagee.wifl continue to hor�ar Landlord's obligations under the Lease and Tenant will not be made a
<br /> party defendant to any foreclosure praceeding. � ,
<br /> 2. Attornme��t. ln tlie e�ent Mortgagee succeeds.to the interest of the landlorci under the Lease,
<br /> through foreclosure of the Mortgage,deed in lieu oF forecIosure, or other means,Tenant will be bound to Mortgagee
<br /> under ail of tl�e Terms of the Lease for the balance of the Te�m with the same force and effect as if Mortgagee were .
<br /> the landlord named in the Lease, and Tenant wifl attorri to Mortgagee as its landlord, the attornment to be effective -
<br /> and self-operative, without the execution of any further instruments, i�nmediately upon Mortgagee succeading ta the
<br /> interest of the landiord under the Lease. Mortgaeee agrees that Tenarit will be under r�a obligation ta pay rent to
<br /> Mortgagee unfi] Mo�tgagee has succeeded to tlze interes[of the Eandlord under the Lease and has so notif�ed Tenant
<br /> in writing. Ti�e respectir+e rights and obligations of Tenant and Mortgagee upon such attomment witt, for the
<br /> 6alance of tl�e Term af the T_.ease, be the same as now set fortb in tF�e Lease, it being the intention of the parties for
<br /> this purpose to incorporate the Lease into this Agreement by reference with the same force and effect as if set forth
<br /> at length.
<br /> C:1Documents A�id SettingslSgideonlLocal SettingslTemporary lnternet �
<br /> Fi[eslContent.0utlook1Y15R8HPU1Commerce Ba�1cNDA.Docx
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