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Agenda - 02-20-2007-5j
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Agenda - 02-20-2007-5j
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9/2/2008 9:13:52 AM
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8/28/2008 11:20:38 AM
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BOCC
Date
2/20/2007
Document Type
Agenda
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5j
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Minutes - 20070220
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\Board of County Commissioners\Minutes - Approved\2000's\2007
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13 <br />Section 4.07 Subordination and Attornment. Lessee agrees that this Lease (including the terms <br />of Section 6.14 hereof) and the rights of Lessee hereunder and all of Lessee's rights in and to the Premises, <br />Building, Common Area and the Property shall be and are subject and subordinate to any mortgage or <br />security instrument heretofore or hereafter executed by Lessor encumbering the Premises, the Building, the <br />Common Area and/or-the Property, including, but not limited to, deeds of trust in favor of Branch Banking <br />and Trust Company ("BB&T"), and all modifications, extensions or amendments of such mortgage, deed of <br />trust or security instrument . To further evidence this subordination, Lessee shall, upon request, execute any <br />such document or instrument as may reasonably be required from. time to time by Lessor's mortgagee <br />(including BB&T) to make this Lease subordinate to any mortgage, deed of trust or security instrument. <br />Lessee further agrees to attom to Lessor's mortgagee (including BB&T) provided that such mortgagee shall <br />agree not to disturb Lessee's possession of the Premises during the term of this Lease so long as Lessee is not <br />in default under the terms, conditions and covenants set forth in this Lease. Lessor consents to Lessee's <br />execution of any subordination, attornment and non-disturbance agreement that may reasonably be requested <br />by Lessor's mortgagee (including BB&T). Lessee further agrees to execute and deliver to Lessor or Lessor's <br />mortgagee, not later than ten (10) days after receipt of a written request therefore, and as often as requested, <br />an estoppel certificate setting forth such information concerning this Lease as may reasonably be requested. <br />if, in connection with financing currently existing or obtained by Lessor with respect to the Premises, <br />the Building, the Common Area and/or the Property, Lessor's mortgagee or other lender (including BB&T) <br />shall request that Lessee consent to reasonable modifications of this Lease as a condition to such financing, <br />Lessee will not unreasonably withhold, delay or defer its consent provided that such modifications do not <br />increase Lessee's monetary obligations hereunder, extend or reduce the term of this Lease alter or attempt to <br />alter in any way Lessee's governmental immunity or limitations on its contracting powers as a County, a <br />body politic and corporate and a political subdivision of the State of North Carolina, or adversely affect to <br />any material extent the leasehold interest granted to Lessee herein or any other material term of this Lease. <br />Lessee consents to any assignment of this Lease by Lessor to Lessor's mortgagee (including BB&T) <br />heretofore or hereafter made in connection with any such financing. <br />Lessee agrees to give written notice to Lessor's mortgagee or other lender (including BB&T) of <br />any notice of default given by Lessee to Lessor at the same time Lessee gives such notice to Lessor. <br />Lessee agrees that prior to the exercise by Lessee of any remedy for a default by Lessor under this Lease, <br />including remedies provided by Section 5.02 hereof, the Lessee will provide written notice to Lessor's <br />mortgagee or other lender (including BB&T) of intent to exercise such remedy and will provide Lessor's <br />mortgagee or other lender (including BB&T) a reasonable period of time (but not less than 30 days) to <br />cure such default by Lessor. <br />ARTICLE V - DEFAULT TERN11NATION OTHER REMEDIES AND ABANDONMENT <br />Section 5.01 Default. Lessee's failure to abide by or perform any of the terms, covenants and <br />conditions contained in this Lease, shall constitute an event of default by Lessee. Lessor's failure to abide by <br />or perform any of the terms, covenants and conditions contained in this Lease shall constitute an event of <br />default by Lessor. <br />Section 5.02 Termination And Other Remedies. Upon the occurrence of any event of default by <br />Lessee, Lessor shall have the right to re-enter and take possession of the Premises and, at its option, to <br />terminate this Lease. At Lessor's option, Lessor inay, to the extent permitted by law, avail itself of the <br />following additional or alternative remedies: (a) all dispossessory and eviction rights granted by law, (b) all <br />rights to repossess and seize collateral granted under the Uniform Commercial Code, (c) all rights of claim <br />and delivery, (d) all rights of offset, (e) all rights given by law for damages, (f) all rights conferred by law or <br />equity for injunction relief, and (g) all other rights conferred by this Lease or which exist at law or in equity. <br />Lessee's covenants to pay Rent shall not abate upon the termination of this Lease by reason of default by <br />=l l-
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