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2015-106 AMS - Subordination, Attornment and Non-Disturbance Agreement
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2015-106 AMS - Subordination, Attornment and Non-Disturbance Agreement
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12/17/2019 2:10:36 PM
Creation date
1/5/2015 3:14:39 PM
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Contract
Date
1/5/2015
Contract Starting Date
1/5/2015
Contract Document Type
Agreement
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(c) Lessee-will faithfully perform all obligations of the lessee under <br /> the terms of the Lease; <br /> (d) Lessee has prepaid no rent except as specifically set forth in the <br /> Lease; and <br /> (e) To the best of Lessee's knowledge, no uncured event of default or <br /> breach on the part of Borrower or Lessee has occurred under the Lease, and no event has <br /> occurred which gives Lessee the right to terminate the Lease or otherwise claim defenses, offsets <br /> or damages. <br /> 5. Covenants. Lessee covenants and agrees that: <br /> (a) . Lessee will not pay any installment of rent or any part thereof more. <br /> than one(1)month prior to the due date of such installment; <br /> (b) No extension or modification of the Lease shall be of any force or <br /> effect unless Lender has specifically consented thereto in writing; <br /> (c) Lender may enter upon the Property and inspect the same at any <br /> reasonable time;and <br /> (d) Lessee will at any time and from time to time execute, deliver,and <br /> acknowledge to Lender or to any third party designated by Lender, within thirty (30) days <br /> following Lender's written request therefor, a statement in writing certifying whether the Lease <br /> is in full force and effect, that Borrower is not in default thereunder(or specifying any defaults <br /> by Borrower which Lessee alleges), that rent has not been prepaid more than one (1) month in <br /> advance, and specifying any further information about the Lease or the Property which Lender or <br /> said third party may reasonably request. <br /> 6. Defaults. Lessee covenants and agrees to give Lender a copy of any <br /> notice of default under the Lease served upon the Borrower as landlord. Lessee further <br /> covenants and agrees that if Borrower shall have failed to cure such default within the time <br /> provided for in the Lease then Lender shall have an additional thirty (30) days to cure such <br /> default or if such default cannot be cured within that time, then such additional time as may be <br /> necessary if within such thirty (30) days Lender has commenced and is diligently pursuing the <br /> remedies necessary to cure such a default (including, but not limited to, commencement of <br /> foreclosure proceeding if necessary to effect such cure), in which event the Lease shall not be <br /> terminated while such remedies are being so diligently pursued. Lessee agrees that the <br /> correction of any such default by Lender shall have the same effect and be treated as a correction <br /> by Borrower. <br /> 7. Attornment. If the interests of Borrower shall be transferred by reason of <br /> foreclosure or exercise of power of sale or other proceeding for enforcement of the Deed of <br /> Trust, or by reason of a deed in lieu of foreclosure,Lessee shall be bound to the person acquiring <br /> the interests of landlord(the"Purchaser")under all of the terms, covenants, and conditions of the <br /> Lease for the balance of the term thereof remaining and any extensions or renewals thereof <br /> which may be effected in accordance with any option therefor in the Lease, with the same force <br /> -3 - <br /> 20380644 <br />
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