THIS AGREEMENT is made this day of among having a notice address at ___________________________ the ("Tenant"), and _____________________________ (the "Owner") and ________________________________ having a notice address at (the "Mortgages").

WITNESSETH:

WHEREAS, the Owner and the Tenant have entered into a Lease Agreement dated , whereby the Tenant leases from the Owner, a certain portion of the building and premises located on the real property described in Schedule A attached hereto and made a part hereof by reference;

WHEREAS, the Owner has executed, acknowledged and delivered to Mortgagee a Mortgage on the premises in the sum of $______________ , which Mortgage is to be recorded in the Office of the ______________ of ______________________ County;

WHEREAS, the Lease requires that the Owner deliver to Tenant, a non-disturbance agreement from the current Mortgagee(s.) Owner will agree to "use its best efforts to" deliver a non-disturbance agreement to Tenant from any present or future mortgagee.

NOW, THEREFORE, in consideration of the covenants and agreements hereinafter contained, the parties do covenant and agree as follows:

1. The Mortgagee covenants and agrees that, so long as the Lease is in full force and effect and Tenant is not in default thereunder beyond any applicable cure, the Tenant shall not be joined as a party defendant in any foreclosure action or proceeding which may be instituted or taken by the Mortgagee, nor shall the Tenant be evicted from the demised premises, or any of the Tenant's rights under the Lease be affected in any way, by reason of any default under the Mortgage except as hereinafter provided.

2. In the event any action is instituted by the Mortgagee to foreclose the Mortgage or otherwise enforce it, the Tenant shall promptly upon notice by the Mortgagee pay to the Mortgagee all rent due and to become due under the Lease.

3. It is a condition of this Agreement that the Tenant shall not at any time make any payment of advance rent or prepay rent to the Owner prior to the time when rent payments are due under the Lease. It being understood that the rent is payable on the first day of each and every month in advance.

4. Mortgagee may at its sole option, cure any uncured default of Landlord under the Lease which would trigger an option of Tenant to terminate the Lease. If the Mortgagee shall succeed to the position of the Owner, the Tenant shall attorn to the Mortgagee and recognize it as the Landlord under the Lease.

5. The covenants and agreements herein contained shall be deemed to be covenants running with the land and shall inure to the benefit of and be binding upon the successors in interest of the parties hereto.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.

______________________________________ Tenant

______________________________________ Mortgagee

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