2015-106 AMS - Subordination, Attornment and Non-Disturbance Agreement

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Please return this copy to the Clerk to the Board's _ office for permanent agenda file. When recorded return to: Snell&Wilmer L.L.P. One Arizona Center 400 East Van Buren Phoenix,Arizona 85004-2202 Attention: Craig K. Williams,Esq. For Recorder's Use SUBORDINATION,ATTORNMENT AND NON-DISTURBANCE AGREEMENT DATE: ,2014 PARTIES: The undersigned lessee ("Lessee?); and U.S. BANK NATIONAL ASSOCIATION, a national banking association, whose address is 101 North First Avenue, Suite 1600, LM-AZ-X16E, Phoenix, Arizona 85003 ("Lender"). RECITALS: A. Lender has made a loan (the "Loan") to the Borrower who is the lessor under the Lease,described below Hillsborough Commons LLLP ("Borrower.'). B. As security for repayment of the Loan and performance of Borrower's obligations to Lender, Borrower has executed and delivered to Lender, among other things, a deed of trust, which will be recorded in the official records of the applicable county (the "Deed of Trust"), granting to the Lender a lien on the real property described in Exhibit A attached hereto and made a part hereof by this reference(the"Property'). C. Lessee claims an interest in the Property by virtue of a Lease Agreement by and between Borrower, Hillsborough Commons LLLP, as Landlord_and Lessee, Orange County Government, as Tenant, (the "Lease") made by and between Lessee and Borrower, as lessor, dated 7/25/2008, covering a portion of the Property and improvements thereon. i D. Lender has agreed to make the Loan to Borrower,but only if,among other things, Lessee subordinates any and all right,title, and interest it now has or hereafter acquires in and to the Property to the lien of the Deed of Trust. NOW, THEREFORE, in consideration of Lender's agreement to make the L_oan, the parties agree as follows: 20380644