Common use of Subordination; Attornment Clause in Contracts

Subordination; Attornment. Tenant agrees that this Lease shall be subject and subordinate to the lien or liens of any mortgages, deed or deeds of trust, or other security interests (collectively the “Interest”) that may now or may hereafter be placed against the Premises and that this clause shall be self operating. Notwithstanding the fact that this clause is self-operating, if Landlord requests, Tenant shall execute any instruments, releases or other documents that may be required for the purpose of confirming that this Lease, and Tenant’s interest is subject and subordinate to the lien of any Interest, whether original or substituted. Tenant covenants and agrees in the event any proceedings are brought for the foreclosure of any such mortgage or deed of trust, to return to the purchaser upon any such foreclosure sale and to recognize such foreclosure sale and to recognize such purchaser as the Landlord under this Lease and that upon failure to do so within ten (10) days of demand, Landlord shall be deemed and designated by Tenant as its Attorney-In-Fact, such to be coupled with an interest, with full authority to execute any instruments required of Tenant under this Lease. Tenant further waives the provisions of any statute or rule of law, now or hereafter in effect, which may give or purport to give Tenant any right or election to terminate or otherwise adversely affect this Lease and the obligations of Tenant hereunder in the event any such foreclosure proceedings is brought.

Subordination; Attornment. Tenant Upon request of the Lessor, Lessee will subordinate its rights hereunder to the lien of any mortgage now or hereafter in force against the property or any portion thereof, and to all advances made or hereafter to be made upon the security thereof, and to any ground or underlying lease of the property provided, however, that in such case the holder of such mortgage, or the Lessor under such Lease shall agree that this Lease shall not be divested or in any way affected by foreclosure, or other default proceedings under said mortgage, obligation secured thereby, or Lease, so long as the Lessee shall not be in default under the terms of this Lease. Xxxxxx agrees that this Lease shall be subject remain in full force and subordinate to the lien effect notwithstanding any such default proceedings under said mortgage or liens of any mortgagesobligation secured thereby. Lessee shall, deed or deeds of trust, or other security interests (collectively the “Interest”) that may now or may hereafter be placed against the Premises and that this clause shall be self operating. Notwithstanding the fact that this clause is self-operating, if Landlord requests, Tenant shall execute any instruments, releases or other documents that may be required for the purpose of confirming that this Lease, and Tenant’s interest is subject and subordinate to the lien of any Interest, whether original or substituted. Tenant covenants and agrees in the event of the sale or assignment of Xxxxxx's interest in the building of which the Premises form a part, or in the event of any proceedings are brought for the foreclosure of, or in the event of exercise of the power of sale under any such mortgage or deed of trustmade by Lessor covering the Premises, to return attorn to the purchaser upon any such foreclosure sale and to recognize such foreclosure sale and to recognize such purchaser as the Landlord under this Lease and that upon failure to do so within ten (10) days of demand, Landlord shall be deemed and designated by Tenant as its Attorney-In-Fact, such to be coupled with an interest, with full authority to execute any instruments required of Tenant Lessor under this Lease. Tenant further waives the provisions of any statute or rule of law, now or hereafter in effect, which may give or purport to give Tenant any right or election to terminate or otherwise adversely affect this Lease and the obligations of Tenant hereunder in the event any such foreclosure proceedings is brought.

Subordination; Attornment. Tenant agrees that this Lease This lease, at Landlord's option, shall be subject and subordinate to the lien or liens of any mortgages, deed or deeds of trust, or other security interests (collectively the “Interest”) that may now or may hereafter be placed against the Premises and that this clause shall be self operating. Notwithstanding the fact that this clause is self-operating, if Landlord requests, Tenant shall execute any instruments, releases or other documents that may be required for the purpose of confirming that this Lease, and Tenant’s interest is subject and subordinate to the lien of any Interestdeed of trust or mortgage now in place or subsequently placed upon the real property of which the demised premises are a part, whether original or substitutedand to any and all advances made on the security thereof, and to all renewals, modifications, consolidations, replacements and extensions thereof. Tenant covenants and agrees in In the event any proceedings are brought for foreclosure, or in the foreclosure event of the exercise of the power of sale under any such mortgage or deed of trusttrust made by the Landlord covering the demised premises, to return Tenant shall attorn to the purchaser upon any such foreclosure or sale and to recognize such foreclosure sale and to recognize such purchaser as the Landlord under this Lease and that upon failure to do so within lease. Within ten (10) days of demandafter request by Landlord, Landlord shall be deemed and designated by Tenant as its Attorney-In-Fact, such to be coupled with an interest, with full authority to execute any instruments required of Tenant under this Lease. Tenant further waives the provisions of any statute or rule of law, now or hereafter in effect, which may give or purport to give Tenant any right or election to terminate or otherwise adversely affect this Lease and the obligations of Tenant hereunder in the event that upon any sale, assignment or financing of the demised premises or any portion be requested of Tenant, Tenant agrees to deliver such financial statement and to deliver such estoppel certificate (in recordable form) addressed to any such foreclosure proceedings proposed mortgagee or purchaser or to the Landlord certifying the requested information, including among other things the dates of commencement and termination of this lease, the amounts of security deposits, and that this lease is brought.in full force and effect (if such be the case) and that there are no differences, offsets or defaults of Landlord, or noting such

Subordination; Attornment. Tenant agrees that this Lease shall be subject and subordinate to the lien or liens Upon request of any mortgages, deed or deeds of trust, or other security interests (collectively the “Interest”) that may now or may hereafter be placed against the Premises and that this clause shall be self operating. Notwithstanding the fact that this clause is self-operating, if Landlord requestsLandlord, Tenant shall execute any instruments, releases or other documents that may be required for the purpose of confirming that this Lease, and Tenant’s interest is subject and will in writing subordinate its rights hereunder to the lien of any Interestdeed of trust now or hereafter in force against the land and Building of which the Premises are a part and upon any buildings hereafter placed upon the land of which the Premises are a part and to all advances made or hereafter to be made upon the security thereof, whether original subject to the qualification that so long as Tenant is not in default under this Lease its peaceful occupancy of the Premises shall not be impaired, restricted or substitutedterminated by or as a result of any such lien. Tenant covenants and agrees in In the event any proceedings are brought for foreclosure, or in the foreclosure event of the exercise of the power of sale under any such mortgage or deed of trusttrust made by the Landlord covering the Premises, to return Tenant shall attorn to the purchaser upon any such foreclosure or sale and to recognize such foreclosure sale and to recognize such purchaser as the Landlord under this Lease and that upon Lease. Tenant further agrees to execute any documents required to effectuate an attornment or a subordination. Tenant's failure to do so execute such documents within ten (10) days of demandafter written demand shall constitute a material default by Tenant hereunder, or, at Landlord's option, Landlord shall execute such documents on behalf of Tenant as Tenant's attorney-in-fact. Tenant does hereby make, constitute, and irrevocably appoint Landlord as Tenant's attorney-in-fact and in Tenant's name, place, and stead to execute such documents in accordance with this subparagraph 28(o). Custom Federal, Inc. Lease 9/23/04 17 p. Name. Tenant shall not use the name of the Building or of the development in which the Building is situated for any purpose other than as an address of the business to be deemed and designated conducted by Tenant as its Attorney-In-Fact, such to be coupled with an interest, with full authority to execute any instruments required of Tenant under this Lease. Tenant further waives the provisions of any statute or rule of law, now or hereafter in effect, which may give or purport to give Tenant any right or election to terminate or otherwise adversely affect this Lease and the obligations of Tenant hereunder in the event any such foreclosure proceedings is broughtPremises.

Subordination; Attornment. Tenant agrees that this This Lease shall be deemed subject and subordinate to any mortgage which may heretofore or hereafter be executed by Landlord covering the lien Building and land upon which the Building is located, and to all renewals, modifications or liens of extensions thereof. The Landlord's interest in this Lease may be assigned as security for any mortgages, deed or deeds of trust, or other security interests (collectively the “Interest”) that may financing now or may hereafter be placed against the Premises and that this clause shall be self operatingrequired by Landlord. Notwithstanding the fact that this clause is self-operating, if Landlord requests, Tenant shall execute any instruments, releases or other documents that may be required for the purpose of confirming that this Lease, and Tenant’s interest is subject and subordinate to the lien of any Interest, whether original or substituted. Tenant covenants and agrees in In the event any proceedings are brought or notice given by any assignee for the foreclosure of any such mortgage on the Building or for the exercise of any rights pursuant to any mortgage or deed of trustassignment, to return upon demand, Tenant will attorn to the mortgagee, assignee or purchaser upon any such at a foreclosure sale as the case may be and to will recognize such foreclosure sale and to recognize such assignee, mortgagee or purchaser as Landlord, providing such assignee, mortgagee or purchaser agrees not to disturb Tenant's possession so long as Tenant is not in default under the Landlord under terms of this Lease and Lease. In the event that upon failure Tenant refuses to do so within ten (10) days of demand, Landlord shall be deemed and designated by Tenant as its Attorney-In-Fact, such or does not respond to be coupled with an interest, with full authority Landlords written request to execute any instruments documents required by any mortgagee, assignee or purchaser as aforesaid within ten calendar days, then Landlord shall, without any further action required on the part of Tenant under this Lease. Tenant further waives the provisions of any statute or rule of lawTenant, now or hereafter in effect, which may give or purport be empowered as Tenant's attorney-in-fact to give Tenant any right or election to terminate or otherwise adversely affect this Lease and the obligations of Tenant hereunder in the event any deliver such foreclosure proceedings is broughtdocumentation.

Subordination; Attornment. Tenant agrees that this Lease shall be subject and subordinate to the lien or liens Upon request of any mortgages, deed or deeds of trust, or other security interests (collectively the “Interest”) that may now or may hereafter be placed against the Premises and that this clause shall be self operating. Notwithstanding the fact that this clause is self-operating, if Landlord requestsLandlord, Tenant shall execute any instruments, releases or other documents that may be required for the purpose of confirming that this Lease, and Tenant’s interest is subject and will in writing subordinate its rights hereunder to the lien of any Interestdeed of trust now or hereafter in force against the land and Building of which the Premises are a part and upon any buildings hereafter placed upon the land of which the Premises are a part and to all advances made or hereafter to be made upon the security thereof, whether original subject to the qualification that so long as Tenant is not in default under this Lease its peaceful occupancy of the Premises shall not be impaired, restricted or substitutedterminated by or as a result of any such lien. Tenant covenants and agrees in In the event any proceedings are brought for foreclosure or in the foreclosure event of the exercise of the power of sale under any such mortgage or deed of trusttrust made by the Landlord covering the Premises, to return Tenant shall attorn to the purchaser upon any such foreclosure or sale and to recognize such foreclosure sale and to recognize such purchaser as the Landlord under this Lease and that upon Lease. Tenant further agrees to execute any documents required to effectuate an attornment or a subordination. Tenant's failure to do so execute such documents within ten (10) days of demandafter written demand shall constitute a material default by Tenant hereunder, or, at Landlord's option, Landlord shall be deemed and designated by execute such documents on behalf of Tenant as its AttorneyTenant's attorney-Inin-Factfact. Tenant does hereby make, such to be coupled with an interestconstitute, with full authority and irrevocably appoint Landlord as Tenant's attorney-in-fact and in Tenant's name, place, and stead to execute any instruments required of Tenant under such documents in accordance with this Lease. Tenant further waives the provisions of any statute or rule of law, now or hereafter in effect, which may give or purport to give Tenant any right or election to terminate or otherwise adversely affect this Lease and the obligations of Tenant hereunder in the event any such foreclosure proceedings is broughtsubparagraph 28(o).