Common use of Subordination to Mortgage Clause in Contracts

Subordination to Mortgage. Provided Lessor delivers to Lessee a non-disturbance agreement, which states in pertinent part that Lessee's tenancy shall not be disturbed and this Lease shall remain in full force and effect (subject to Lessor's rights under Sections 18.1 and 18.2 hereof), Lessee agrees that this Lease is subject and subordinate to any mortgage or deed of trust which may now or hereafter encumber the Premises and to all renewals, modifications, consolidations, replacements and extensions thereof. This clause shall be self-operative and no further instrument of subordination need be required by any mortgagee. In confirmation of such subordination, however, Lessee shall, at Lessor's request, execute promptly any appropriate certificate or instrument that Lessor may request. Lessee hereby makes, constitutes and appoints Lessor as Lessee's agent and attorney-in-fact to execute any such certificate or instrument for and on behalf of Lessee, which power is coupled with an interest in favor of Lessor; provided, however, such appointment by Lessee shall only be exercised by Lessor in the event Lessee fails to execute such certificate or instrument within seven (7) days after request therefor by Lessor. In the event of the enforcement by the trustee or the beneficiary under any such mortgage or deed of trust of the remedies provided for by law or by such mortgage or deed of trust, Lessee will, upon request of any person or party succeeding to the interest of Lessor as a result of such enforcement, automatically attorn to and become the Lessee of such successor in interest without change in the terms or other provisions of this Lease. Upon request by any such successor in interest, Lessee shall execute and deliver an instrument or instruments confirming the attornment provided for herein.

Subordination to Mortgage. Provided Lessor delivers to Lessee a non-disturbance agreement, which states in pertinent part that Lessee's tenancy shall not be disturbed and this Lease shall remain in full force and effect (subject to Lessor's rights under Sections 18.1 and 18.2 hereof), Lessee agrees that this 25.1 This Lease is subject and subordinate to any lien mortgage or deed of trust or ground lease which may now or hereafter encumber the Building of which the Lease Premises is a part and to all renewals, modifications, consolidations, replacements and extensions thereof. This clause shall be self-operative and no further instrument of subordination need be required by any mortgagee. In confirmation of such subordination, however, Lessee shall, shall at Lessor's request, request execute promptly any appropriate certificate or instrument that Lessor may reasonably request. Lessee hereby makes, constitutes and appoints Lessor as Lessee's agent and attorney-in-fact to execute any such certificate or instrument for and on behalf of Lessee, which power is coupled with an interest in favor of Lessor; provided, however, such appointment by Lessee shall only be exercised by Lessor in the event Lessee fails to execute such certificate or instrument within seven (7) days after request therefor by Lessor. In the event of the enforcement by the trustee or the beneficiary under any such mortgage or deed of trust of the remedies provided for by law or by such mortgage or deed of trustground lease, Lessee will, upon request of any person or party succeeding to the interest of Lessor as a result of such enforcement, automatically attorn to and become the Lessee of such successor in interest without change in the terms or other provisions of this Lease; provided, however, that such successor in interest shall not be bound by (i) any payment of rent or additional rent for more than one month in advance except prepayments in the nature of security for the performance by Lessee of its obligations under this Lease or (ii) any amendment or modification of this Lease made without the written consent, not unreasonably withheld, and subject to the "Non-Disturbance language" contained in Exhibit "D" of this Lease, of such Trustee or such beneficiary or such successor in interest, unless such amendment or modification was executed prior to the transfer of interest. Upon request by any such successor in interest, Lessee shall execute and deliver an instrument or instruments confirming the attornment herein provided for hereinfor.