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<!DOCTYPE dita
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<dita xmlns:ditaarch="http://dita.oasis-open.org/architecture/2005/"
      ditaarch:DITAArchVersion="1.2">
   <concept id="i1874942"
            audience="GSAR"
            ditaarch:DITAArchVersion="1.2"
            class="- topic/topic concept/concept ">
      <title xtrc="GSAR" class="- topic/title ">
         <ph props="autonumber" class="- topic/ph ">552.270-23</ph> Subordination,
Nondisturbance and Attornment.</title>
      <conbody class="- topic/body  concept/conbody ">
         <p audience="GSAR" class="- topic/p ">As prescribed in <xref href="GSAM-i1855352.dita#i1855352"
                  outputclass="fm:ParaNumOnly"
                  class="- topic/xref ">570.703</xref>,
insert the following clause:</p>
         <p audience="GSAR" outputclass="Ctr_SmCaps" class="- topic/p ">Subordination, Nondisturbance
and Attornment (Sep 1999)</p>
         <ol id="d917e22" class="- topic/ol ">
            <li audience="GSAR" class="- topic/li ">
               <p id="d909e26" audience="GSAR" class="- topic/p ">
                  <ph props="autonumber" class="- topic/ph ">(a)</ph>
                  
                  
                  
                    Lessor
warrants that it holds such title to or other interest in the premises
and other property as is necessary to the Government’s access to
the premises and full use and enjoyment thereof in accordance with
the provisions of this lease. Government agrees, in consideration
of the warranties and conditions set forth in this clause, that
this lease is subject and subordinate to any and all recorded mortgages,
deeds of trust and other liens now or hereafter existing or imposed
upon the premises, and to any renewal, modification or extension
thereof. It is the intention of the parties that this provision shall
be self‑operative and that no further instrument shall be required
to effect the present or subsequent subordination of this lease.
Government agrees, however, within twenty (20) business days next
following the Contracting Officer’s receipt of a written demand,
to execute such instruments as Lessor may reasonably request to
evidence further the subordination of this lease to any existing
or future mortgage, deed of trust or other security interest pertaining
to the premises, and to any water, sewer or access easement necessary
or desirable to serve the premises or adjoining property owned in whole
or in part by Lessor if such easement does not interfere with the
full enjoyment of any right granted the Government under this lease.</p>
            </li>
            <li audience="GSAR" class="- topic/li ">
               <p id="d909e35" audience="GSAR" class="- topic/p ">
                  <ph props="autonumber" class="- topic/ph ">(b)</ph>
                  
                  
                  
                    No such subordination,
to either existing or future mortgages, deeds of trust or other
lien or security instrument shall operate to affect adversely any
right of the Government under this lease so long as the Government
is not in default under this lease. Lessor will include in any future
mortgage, deed of trust or other security instrument to which this
lease becomes subordinate, or in a separate nondisturbance agreement,
a provision to the foregoing effect. Lessor warrants that the holders of
all notes or other obligations secured by existing mortgages, deeds
of trust or other security instruments have consented to the provisions
of this clause, and agrees to provide true copies of all such consents
to the Contracting Officer promptly upon demand.</p>
            </li>
            <li audience="GSAR" class="- topic/li ">
               <p id="d909e44" audience="GSAR" class="- topic/p ">
                  <ph props="autonumber" class="- topic/ph ">(c)</ph>
                  
                  
                  
                    In the event of any
sale of the premises or any portion thereof by foreclosure of the
lien of any such mortgage, deed of trust or other security instrument,
or the giving of a deed in lieu of foreclosure, the Government will
be deemed to have attorned to any purchaser, purchasers, transferee
or transferees of the premises or any portion thereof and its or
their successors and assigns, and any such purchasers and transferees
will be deemed to have assumed all obligations of the Lessor under
this lease, so as to establish direct privity of estate and contract
between Government and such purchasers or transferees, with the
same force, effect and relative priority in time and right as if
the lease had initially been entered into between such purchasers
or transferees and the Government; provided, further, that the Contracting
Officer and such purchasers or transferees shall, with reasonable
promptness following any such sale or deed delivery in lieu of foreclosure, execute
all such revisions to this lease, or other writings, as shall be
necessary to document the foregoing relationship.</p>
            </li>
            <li audience="GSAR" class="- topic/li ">
               <p id="d909e53" audience="GSAR" class="- topic/p ">
                  <ph props="autonumber" class="- topic/ph ">(d)</ph>
                  
                  
                  
                    None of the foregoing
provisions may be deemed or construed to imply a waiver of the Government’s
rights as a sovereign.</p>
            </li>
         </ol>
         <p audience="GSAR" outputclass="Endofclause" class="- topic/p ">(End of clause)</p>
      </conbody>
   </concept>
</dita>
