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dacusign Envelope Id: E!27E9717-483B-42A9-8682-F4952EB743Ci
<br /> W tote Plcdge or a-sigx=ent of, or grant of a security interest in, the direct or indict ownership
<br /> in#etests in TMants, pursues to the terms of the Credit Facility Documents, or a foreclosure (or
<br /> transfer in lieu thereof) of any such ownership retests in Tenants resulting Pram the exercise of
<br /> remedies as set forth in the Credit Facility Documcn s, (b) the pledge, mortgage or assignment of, or
<br /> grant of`a security Interest in� Tenar#s' ftftereg in this Lease, Pursuant to the terms of the Credit
<br /> es
<br /> Facility Documents, Or a foreclos of Tenants' interest herein resulting from the exercise of
<br /> remedies as set forth in tk Credit Facility Documents; provided, however that in the case of either
<br /> (a)or(b), Tuts sk:all deliver written notice to Landlord no more khan ten (10) Business Days alter
<br /> any such foreclosure or transfer in lieu thnwf).
<br /> ARTICLE 23 FINANCING
<br /> Section 23.01 Subject to and in accordance with the terms and provisions of the SNDA
<br /> referenced below, this Lease shall be subject and suboFdinaze W all present and future groom or
<br /> underlying leases of the Dernised Property and to the lieu of any mortgages or trust deeds, now or
<br /> der in force, against the Demised Property, and to all renewals, exw lions, modifications,
<br /> consolidations and replacements thereof, and to all advan= made or hereafter to be made upon
<br /> dw
<br /> smu ity of such mortgages or MW deeds, unless the holder of such mortgages or trust deeds, or the
<br /> lessors under such ground or underllriag leases, require m wnung dud rhos Lease be superior thereto;
<br /> and Tena s covenants and agrees in the event any proceedings are brought for the foreclosure of
<br /> any mortga a or deed of trug to which this Lease is subordinate, or in the event of any €errrtination
<br /> Of any ground or underlying lease to which this Lease is subDrdiinate, to Mom, withou any
<br /> deductions, claims or set-offs fever, to the purchaser upon any such foreclosure sale, if so
<br /> requeswd to do so by such pum aser, and to the ground or underlying lease lessor, if so mquested to
<br /> do so by such ground or underlying lease lessor, and to recogd= such purchaser or grad or
<br /> underlying lessor, as the case may be, as the lessor under this Lease; provided, however, that the
<br /> foregoing subordination to frftm ground or underlying leases Of the Demised Property and to the
<br /> lien of any future mortgages or tt,tst deeds its farce agafimt the Demised Property shall be
<br /> conditioned upon Landlord providing Tenam with a subordination, ncm-disturba= and attorrmmt
<br /> agreement in favor of Tmmts in the form atmached hereto as Exhibit & or other commewWjy
<br /> mmnable form requested by landlord that provides, without hH ita*iou, that this Lease and the
<br /> rights of Tenants hereunder shall sumve any foreclosure proceeding brought under such rnortgaige
<br /> or deed of trust or termination of such ground or underlying lease (as applicable},Provided an Event
<br /> of Default has not occurred and is continuing under this Lase (either, an " DA")• As of the
<br /> Commencement Date, each of landlord, Landlord's Lender, and Tenants shall execute and deliver
<br /> to each other a subordination, non-disturbance and amm=ent agreement in the form previously
<br /> agreed to a=ng Landlord, Tenaam and Landlord's lender, provided, however, dw the parties
<br /> hereto agree theta all subsequent SNDAs shall be on the form attached hereto as Exhibit B. Tenants
<br /> shall, and shall use commercially remnahle efforts to cause any s•ubtemnts, from time to time,
<br /> within twenty ( 0)days after any request by Landlord,to execute and deliver such other insmmients
<br /> or alssurar€=s as Landlord may reasonably deem necessary to evidence or oord`m, the subordination
<br /> or superiority of Ibis Lease (at Landlord's election) to any such mortgages. trust deeds, grcimd or
<br /> underlying leases (including, W Landlord's election, one or mare additional SNDAs m4u,_- r by
<br /> Landlord's Lender).
<br /> MPage 27 of
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