Common use of SUBORDINATION, NON-DISTURBANCE & ATTORNMENT Clause in Contracts

SUBORDINATION, NON-DISTURBANCE & ATTORNMENT. The Mortgagees Rights and Financial Info provision of this Lease are conditioned upon the delivery to Lessee by Lessor’s lender of an executed Subordination, Non-Disturbance Attornment Agreement in a form reasonably acceptable to Lessee and consistent with prior practices. Lessor represents and warrants to Lessee that as of the date of this Lease, that the Premises is not subject to any liens of any type or nature except by a Deed of Trust. Notwithstanding anything to the contrary herein, subordination or attornment of this Lease to any present or future mortgagee shall be conditioned upon the holder agreeing that Lessor’s occupancy and quiet enjoyment of the Premises and other rights under this Lease shall not be disturbed by reason of the foreclosure of such mortgage so long as Lessee is not in default under this Lease.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement