Subordination Nondisturbance and Attornment Agreement

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Agreement is between a tenant, a landlord and one lending money to the landlord and sets forth that tenant's interests are subordinate to that of the lender.

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This Subordination, Non-Disturbance and Attornment Agreement is between a tenant, a landlord and a lender of the landlord. This agreement sets forth that the tenant's interests in a property are subordinate to that of the lender in the event landlord defaults on the loan. It is important that this agreement be memorialized in writing as a written agreement will prove valuable in the event of disagreements.

Among others, this Subordination, Non-Disturbance and Attornment Agreement for your state includes the following:
  • Parties to the Agreement: Identifies the tenant and the lender along with the date signed;
  • Lease Information: Identifies the lease agreement between the landlord and tenant, including the date of the lease;
  • Loan Information: Sets forth the information regarding lender's loan to landlord, including recording information;
  • Lender's Exercise of Remedies: Sets out the lender's remedies in the event of default;
  • Signatures: The agreement must be signed by the tenant, the lender and the landlord.

Protect your Rights and your Property by using our professionally prepared up-to-date forms.

This attorney-prepared packet contains:
  1. General Instructions
  2. Subordindation, Non-Disturbance and Attornment Agreement
State Law Compliance: This form complies with the laws of your state.
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Subordination, Non-Disturbance
and Attornment Agreement

 

 
RECORDING REQUESTED BY ANDWHEN RECORDED MAIL TO:
 
__________________________________________________________Space Above This Line for Recorders Use
Subordination, Non-Disturbanceand Attornment Agreement
THIS AGREEMENT, is made as of [Date of Agreement (ie. July 31, 2002)], by [Name of Tenant], a corporation incorporated under the laws of the State of [State of Incorporation of Tenant (ie. California)] (“Tenant”), having its principal office and place of business located at [Address of Tenant], and [Name of Lender], having its principal place of business located at [Address of Lender] (“Lender”), with reference to the following facts:
RECITALS:
A.   Pursuant to a lease dated [Date of Lease (ie. January 18, 2002)] (the "Lease") between [Name of Landlord] ("Landlord”) and Tenant, Landlord leased to Tenant certain space (the “Premises”) in the building located at [Address of Property at which Premises are Located], which property is more particularly described in the Mortgage (as hereinafter defined) (the “Property”);
B.   Lender has agreed to make a loan (the “Loan”) to Landlord, which Loan is to be evidenced by a note and secured, inter alia, by a first lien instrument in favor of Lender covering the property and upon the terms and conditions described therein, which shall be recorded in the Office of the County Recorder for [Name of County (ie. Maricopa)] County (said instrument and all amendments, modifications, renewals, substitutions, extensions, consolidations and replacements thereto and thereof, as applicable, are hereinafter collectively referred to as “Mortgage”);
C.   It is a condition precedent to obtaining the Loan that (i) the Mortgage be and remain at all times a first lien or charge upon the Property prior and superior to the Lease, (ii) Tenant specifically subordinate the Lease to the lien or charge of the Mortgage and (iii) Tenant attorn to Lender and its successors and assigns in the event of the foreclosure or other proceeding to enforce the Mortgage;
NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in order to induce Lender to enter into the above-referenced Loan, Lender and Tenant hereby agree as follows:
1.   Subordination. The Lease and any extensions, renewals, replacements, consolidations or modifications thereof, and all the right, title and interest of the Tenant in and to the Premises, and all rights of the Tenant thereunder, are and shall be subject and subordinate to the Mortgage and the lien and terms thereof.
2.   Lenders Exercise of Remedies. In the event of (a) the institution of any foreclosure, trustees sale or other like proceeding, (b) the appointment of a receiver for the Landlord or the Property, (c) the exercise of rights to collect rents under the Mortgage or an assignment of rents, (d) the recording by Lender or its successor or assignee of a deed in lieu of foreclosure for the Property, or (e) any transfer or abandonment of possession of the Property to Lender or its successor or assigns in connection with any proceedings affecting Landlord under the Bankruptcy Code, 11 U.S.C. § 101 et seq. (with any such foreclosure, recording of a deed in lieu of foreclosure, or transfer or abandonment of the Property referred to in the preceding clauses (a) through (e) is hereinafter called a “Transfer”, and Lender or any successor or assignee of Lender taking title to the Property in connection with a Transfer is hereinafter called the “Transferee”), such Transferee shall not: (i) be liable for any damages (including, without limitation, consequential damages) or other relief or be subject to any offsets, defenses or counterclaims of any kind attributable to any event, act, omission or default under the Lease, including, but not limited to, a breach of any representation or warranty under the Lease, of Landlord or any prior landlord under the Lease, except for any continuing event, act or omission of which Lender has been provided notice as described in Paragraph 4 below, and if any such offset or defense is expressly provided for in the Lease, (ii) be bound by any prepayment by Tenant of more than one months installment of rent unless such prepayment is expressly required in the Lease or has been specifically approved in writing by Lender, or be liable or responsible for any security deposit or other sums which Tenant may have paid under the Lease unless such deposit or other sums have been physically delivered to Transferee, or (iii) be bound by any modification or amendment of the Lease after the date hereof, or any waiver of any terms of the Lease unless the same shall have been approved in writing by Lender.
3.   Attornment and Non-Disturbance. Provided (a) Tenant complies with this Agreement, (b) Tenant is not in default under the terms of the Lease and no event has occurred which, with the passage of time or the giving of notice or both, would constitute a default under the Lease, and (c) the Lease is in full force and effect, except as set forth in Paragraphs 2 and 5(d) and (e) of this Agreement, any default under the Mortgage and any proceeding to foreclose the same will not disturb Tenants possession under the Lease and the Lease will not be affected or cut off thereby, and notwithstanding any such foreclosure or other Transfer of the Property to Transferee, Transferee will recognize the Lease and will accept the attornment of Tenant thereunder.
Tenant shall attorn to Transferee, including Lender if Lender becomes a Transferee, as the landlord under the Lease. Said attornment is subject to the limitation of Transferees obligations set forth in Paragraph 2 above and shall be effective and self-operative without the execution of any further instruments upon Transferees succeeding to the interest of the landlord under the Lease. Tenant and Lender shall, however, confirm the provisions of this paragraph in writing upon request by either of them.
4.   Lenders Right to Cure. Notwithstanding anything to the contrary in the Lease or this Agreement, Tenant shall provide Lender with written notice of any default of Landlord under the Lease (which can be a copy of the notice provided to the Landlord) if such default is of such a nature as to give the Tenant a right to terminate the Lease, to reduce rent thereunder or to credit or offset any amounts against future rents, and will not seek to terminate the Lease or reduce the rent or credit or offset against rent or claim a partial or total eviction until giving such notice and providing Lender a period of thirty (30) days beyond the time available to Landlord under the Lease in which to cure the breach or default by Landlord, provided however, as to any breach or default by Landlord the cure of which requires possession and control of the Property or Premises, Lenders cure period shall continue for such additional time as Lender may reasonably require to either obtain possession and control of the Property or Premises and thereafter cure the breach or default with reasonable diligence, or obtain the appointment of a receiver pursuant to any court proceeding, or otherwise, and give such receiver a reasonable period of time in which to cure the default. Lender shall have no obligation to cure (and shall have no liability or obligation for not curing) any breach or default by Landlord, except to the extent that Lender agrees otherwise in writing.
5.   Miscellaneous.
(a)   This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their successors and assigns; provided, however, that in the event of the assignment or transfer of the interest of Transferee, all obligations and liabilities of Transferee under this Agreement shall terminate, and thereupon all such obligations and liabilities shall be the responsibility of the party to whom Transferees interest is assigned or transferred; and provided further that the interest of Tenant under this Agreement may not be assigned or transferred except to the extent the assignment of Tenants interest in the Lease is permitted under the Lease.
(b)   Tenant acknowledges that it has notice that the Lease and the rent and all other sums due thereunder have been assigned to the Lender as part of the security for the note secured by the Mortgage and upon written notice from Lender of a default under the Mortgage, Tenant shall pay its rent and all other sums due under the Lease directly to Lender, and Landlord, by its execution hereof, hereby directs Tenant to make such payment to Lender.
(c)   Tenant acknowledges and agrees that it shall not terminate the Lease in the event of a default by Landlord unless Tenant provides Lender written notice and an opportunity to cure as described in Paragraph 4 above. In addition, Tenant agrees that it shall not terminate or cancel the Lease by agreement with the Landlord without Lenders prior written consent, unless such right to terminate or cancel is expressly set forth in the Lease. In the event such right is expressly set forth in the Lease, Tenant shall pay to Lender any and all termination fees or other consideration to be paid to Landlord in connection with such termination or cancellation and Landlord, by its execution thereof, hereby directs Tenant to make such payments or provide such other consideration to Lender.
(d)   Tenant covenants and acknowledges that it has no right or option of any nature whatsoever, whether pursuant to the Lease or otherwise, to purchase the Property or the real property of which the Property is a part, or any portion thereof or any interest therein and to the extent that Tenant has had, or hereafter acquires any such right or option, the same is hereby acknowledged to be subject and subordinate to the Mortgage and is hereby waived and released as against Transferee.
(e)   This Agreement is the whole and only agreement between the parties hereto with regard to the subordination of the Lease to the lien or charge of the Mortgage. This Agreement may not be modified in any manner or terminated except by an instrument in writing executed by the parties hereto.
(f)   This Agreement shall be deemed to have been made in the state where the Property is located and the validity, interpretation and enforcement of this Agreement shall be determined in accordance with the laws of such state.
(g)   In the event any legal action or proceeding is commenced to interpret or enforce the terms of, or obligations arising out of, this Agreement, or to recover damages for the breach thereof, the party prevailing in any such action or proceeding shall be entitled to recover from the non-prevailing party all reasonable attorneys fees, costs and expenses incurred by the prevailing party.
(h)   Any notices or communications required or permitted to be given or made hereunder shall be deemed to be so given or made when in writing and delivered in person or sent by United States registered or certified mail, postage prepaid, or by nationally recognized overnight courier service, directed to the parties at the following addresses or such other addresses as they may from time to time designate in writing.
Lender:
[Address of Lender]
Tenant:
[Address of Tenant]
Notices or communications mailed in the U.S. mail shall be deemed to be served on the third business day following mailing, notices or communication served by hand or by overnight courier shall be deemed served upon receipt.
(i)   This document may be signed in counterparts which together shall be deemed to be one and the same document. The signature pages from any such counterpart may be attached to another such counterpart to form one complete set of signatures for this document .
(j)   The parties hereto represent and warrant that their respective signatories to this Agreement have been duly authorized by the Tenant, Landlord and Lender, as applicable.
IN WITNESS WHEROF, this Agreement has been signed and delivered as of the date and year first above set forth.
 
 
TENANT:
 
 
[NAME OF TENANT]
 
 
 
 
Per:
 
 
 
 
Name:   
Title:   
 
 
 
LENDER:
 
 
[NAME OF LENDER]
 
 
 
 
Per:
 
 
 
 
Name:   
Title:   
 
 
 
LANDLORD:
 
 
[NAME OF LENDER]
 
 
 
 
Per:
 
 
 
 
Name:   
Title:   
 
 
As to Paragraphs 5(b) and (c):
 
 
TENANT
 
 
STATE OF [STATE]
COUNTY OF [COUNTY]
)))
ss.
 
On this _____ day of [Month], [Year], before me, the undersigned, a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared [Name of Signing Officer of Tenant], to me personally known, who by me duly sworn, did say that he/she is a [Office of Signing Officer of Tenant (ie. President)] of [Name of Tenant], that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and as the free act and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in said County the day and year in this certificate first above written.
My Commission Expires:
 
 
 
 
Notary Public in and for said County and State
 
LENDER
 
 
STATE OF [STATE]
COUNTY OF [COUNTY]
)))
ss.
 
On this _____ day of [Month], [Year], before me, the undersigned, a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared [Name of Signing Officer of Lender], to me personally known, who by me duly sworn, did say that he/she is a [Office of Signing Officer of Lender (ie. President)] of [Name of Lender], that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and as the free act and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in said County the day and year in this certificate first above written.
My Commission Expires:
 
 
 
 
Notary Public in and for said County and State
 
LANDLORD
 
 
STATE OF [STATE]
COUNTY OF [COUNTY]
)))
ss.
 
On this _____ day of [Month], [Year], before me, the undersigned, a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared [Name of Signing Officer of Landlord], to me personally known, who by me duly sworn, did say that he/she is a [Office of Signing Officer of Landlord (ie. President)] of [Name of Landlord], that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and as the free act and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in said County the day and year in this certificate first above written.
My Commission Expires:
 
 
 
 
Notary Public in and for said County and State
 
Number of Pages9
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#28594
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Subordination, Non-Disturbance
and Attornment Agreement

 

 
RECORDING REQUESTED BY ANDWHEN RECORDED MAIL TO:
 
__________________________________________________________Space Above This Line for Recorders Use
Subordination, Non-Disturbanceand Attornment Agreement
THIS AGREEMENT, is made as of [Date of Agreement (ie. July 31, 2002)], by [Name of Tenant], a corporation incorporated under the laws of the State of [State of Incorporation of Tenant (ie. California)] (“Tenant”), having its principal office and place of business located at [Address of Tenant], and [Name of Lender], having its principal place of business located at [Address of Lender] (“Lender”), with reference to the following facts:
RECITALS:
A.   Pursuant to a lease dated [Date of Lease (ie. January 18, 2002)] (the "Lease") between [Name of Landlord] ("Landlord”) and Tenant, Landlord leased to Tenant certain space (the “Premises”) in the building located at [Address of Property at which Premises are Located], which property is more particularly described in the Mortgage (as hereinafter defined) (the “Property”);
B.   Lender has agreed to make a loan (the “Loan”) to Landlord, which Loan is to be evidenced by a note and secured, inter alia, by a first lien instrument in favor of Lender covering the property and upon the terms and conditions described therein, which shall be recorded in the Office of the County Recorder for [Name of County (ie. Maricopa)] County (said instrument and all amendments, modifications, renewals, substitutions, extensions, consolidations and replacements thereto and thereof, as applicable, are hereinafter collectively referred to as “Mortgage”);
C.   It is a condition precedent to obtaining the Loan that (i) the Mortgage be and remain at all times a first lien or charge upon the Property prior and superior to the Lease, (ii) Tenant specifically subordinate the Lease to the lien or charge of the Mortgage and (iii) Tenant attorn to Lender and its successors and assigns in the event of the foreclosure or other proceeding to enforce the Mortgage;
NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in order to induce Lender to enter into the above-referenced Loan, Lender and Tenant hereby agree as follows:
1.   Subordination. The Lease and any extensions, renewals, replacements, consolidations or modifications thereof, and all the right, title and interest of the Tenant in and to the Premises, and all rights of the Tenant thereunder, are and shall be subject and subordinate to the Mortgage and the lien and terms thereof.
2.   Lenders Exercise of Remedies. In the event of (a) the institution of any foreclosure, trustees sale or other like proceeding, (b) the appointment of a receiver for the Landlord or the Property, (c) the exercise of rights to collect rents under the Mortgage or an assignment of rents, (d) the recording by Lender or its successor or assignee of a deed in lieu of foreclosure for the Property, or (e) any transfer or abandonment of possession of the Property to Lender or its successor or assigns in connection with any proceedings affecting Landlord under the Bankruptcy Code, 11 U.S.C. § 101 et seq. (with any such foreclosure, recording of a deed in lieu of foreclosure, or transfer or abandonment of the Property referred to in the preceding clauses (a) through (e) is hereinafter called a “Transfer”, and Lender or any successor or assignee of Lender taking title to the Property in connection with a Transfer is hereinafter called the “Transferee”), such Transferee shall not: (i) be liable for any damages (including, without limitation, consequential damages) or other relief or be subject to any offsets, defenses or counterclaims of any kind attributable to any event, act, omission or default under the Lease, including, but not limited to, a breach of any representation or warranty under the Lease, of Landlord or any prior landlord under the Lease, except for any continuing event, act or omission of which Lender has been provided notice as described in Paragraph 4 below, and if any such offset or defense is expressly provided for in the Lease, (ii) be bound by any prepayment by Tenant of more than one months installment of rent unless such prepayment is expressly required in the Lease or has been specifically approved in writing by Lender, or be liable or responsible for any security deposit or other sums which Tenant may have paid under the Lease unless such deposit or other sums have been physically delivered to Transferee, or (iii) be bound by any modification or amendment of the Lease after the date hereof, or any waiver of any terms of the Lease unless the same shall have been approved in writing by Lender.
3.   Attornment and Non-Disturbance. Provided (a) Tenant complies with this Agreement, (b) Tenant is not in default under the terms of the Lease and no event has occurred which, with the passage of time or the giving of notice or both, would constitute a default under the Lease, and (c) the Lease is in full force and effect, except as set forth in Paragraphs 2 and 5(d) and (e) of this Agreement, any default under the Mortgage and any proceeding to foreclose the same will not disturb Tenants possession under the Lease and the Lease will not be affected or cut off thereby, and notwithstanding any such foreclosure or other Transfer of the Property to Transferee, Transferee will recognize the Lease and will accept the attornment of Tenant thereunder.
Tenant shall attorn to Transferee, including Lender if Lender becomes a Transferee, as the landlord under the Lease. Said attornment is subject to the limitation of Transferees obligations set forth in Paragraph 2 above and shall be effective and self-operative without the execution of any further instruments upon Transferees succeeding to the interest of the landlord under the Lease. Tenant and Lender shall, however, confirm the provisions of this paragraph in writing upon request by either of them.
4.   Lenders Right to Cure. Notwithstanding anything to the contrary in the Lease or this Agreement, Tenant shall provide Lender with written notice of any default of Landlord under the Lease (which can be a copy of the notice provided to the Landlord) if such default is of such a nature as to give the Tenant a right to terminate the Lease, to reduce rent thereunder or to credit or offset any amounts against future rents, and will not seek to terminate the Lease or reduce the rent or credit or offset against rent or claim a partial or total eviction until giving such notice and providing Lender a period of thirty (30) days beyond the time available to Landlord under the Lease in which to cure the breach or default by Landlord, provided however, as to any breach or default by Landlord the cure of which requires possession and control of the Property or Premises, Lenders cure period shall continue for such additional time as Lender may reasonably require to either obtain possession and control of the Property or Premises and thereafter cure the breach or default with reasonable diligence, or obtain the appointment of a receiver pursuant to any court proceeding, or otherwise, and give such receiver a reasonable period of time in which to cure the default. Lender shall have no obligation to cure (and shall have no liability or obligation for not curing) any breach or default by Landlord, except to the extent that Lender agrees otherwise in writing.
5.   Miscellaneous.
(a)   This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their successors and assigns; provided, however, that in the event of the assignment or transfer of the interest of Transferee, all obligations and liabilities of Transferee under this Agreement shall terminate, and thereupon all such obligations and liabilities shall be the responsibility of the party to whom Transferees interest is assigned or transferred; and provided further that the interest of Tenant under this Agreement may not be assigned or transferred except to the extent the assignment of Tenants interest in the Lease is permitted under the Lease.
(b)   Tenant acknowledges that it has notice that the Lease and the rent and all other sums due thereunder have been assigned to the Lender as part of the security for the note secured by the Mortgage and upon written notice from Lender of a default under the Mortgage, Tenant shall pay its rent and all other sums due under the Lease directly to Lender, and Landlord, by its execution hereof, hereby directs Tenant to make such payment to Lender.
(c)   Tenant acknowledges and agrees that it shall not terminate the Lease in the event of a default by Landlord unless Tenant provides Lender written notice and an opportunity to cure as described in Paragraph 4 above. In addition, Tenant agrees that it shall not terminate or cancel the Lease by agreement with the Landlord without Lenders prior written consent, unless such right to terminate or cancel is expressly set forth in the Lease. In the event such right is expressly set forth in the Lease, Tenant shall pay to Lender any and all termination fees or other consideration to be paid to Landlord in connection with such termination or cancellation and Landlord, by its execution thereof, hereby directs Tenant to make such payments or provide such other consideration to Lender.
(d)   Tenant covenants and acknowledges that it has no right or option of any nature whatsoever, whether pursuant to the Lease or otherwise, to purchase the Property or the real property of which the Property is a part, or any portion thereof or any interest therein and to the extent that Tenant has had, or hereafter acquires any such right or option, the same is hereby acknowledged to be subject and subordinate to the Mortgage and is hereby waived and released as against Transferee.
(e)   This Agreement is the whole and only agreement between the parties hereto with regard to the subordination of the Lease to the lien or charge of the Mortgage. This Agreement may not be modified in any manner or terminated except by an instrument in writing executed by the parties hereto.
(f)   This Agreement shall be deemed to have been made in the state where the Property is located and the validity, interpretation and enforcement of this Agreement shall be determined in accordance with the laws of such state.
(g)   In the event any legal action or proceeding is commenced to interpret or enforce the terms of, or obligations arising out of, this Agreement, or to recover damages for the breach thereof, the party prevailing in any such action or proceeding shall be entitled to recover from the non-prevailing party all reasonable attorneys fees, costs and expenses incurred by the prevailing party.
(h)   Any notices or communications required or permitted to be given or made hereunder shall be deemed to be so given or made when in writing and delivered in person or sent by United States registered or certified mail, postage prepaid, or by nationally recognized overnight courier service, directed to the parties at the following addresses or such other addresses as they may from time to time designate in writing.
Lender:
[Address of Lender]
Tenant:
[Address of Tenant]
Notices or communications mailed in the U.S. mail shall be deemed to be served on the third business day following mailing, notices or communication served by hand or by overnight courier shall be deemed served upon receipt.
(i)   This document may be signed in counterparts which together shall be deemed to be one and the same document. The signature pages from any such counterpart may be attached to another such counterpart to form one complete set of signatures for this document .
(j)   The parties hereto represent and warrant that their respective signatories to this Agreement have been duly authorized by the Tenant, Landlord and Lender, as applicable.
IN WITNESS WHEROF, this Agreement has been signed and delivered as of the date and year first above set forth.
 
 
TENANT:
 
 
[NAME OF TENANT]
 
 
 
 
Per:
 
 
 
 
Name:   
Title:   
 
 
 
LENDER:
 
 
[NAME OF LENDER]
 
 
 
 
Per:
 
 
 
 
Name:   
Title:   
 
 
 
LANDLORD:
 
 
[NAME OF LENDER]
 
 
 
 
Per:
 
 
 
 
Name:   
Title:   
 
 
As to Paragraphs 5(b) and (c):
 
 
TENANT
 
 
STATE OF [STATE]
COUNTY OF [COUNTY]
)))
ss.
 
On this _____ day of [Month], [Year], before me, the undersigned, a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared [Name of Signing Officer of Tenant], to me personally known, who by me duly sworn, did say that he/she is a [Office of Signing Officer of Tenant (ie. President)] of [Name of Tenant], that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and as the free act and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in said County the day and year in this certificate first above written.
My Commission Expires:
 
 
 
 
Notary Public in and for said County and State
 
LENDER
 
 
STATE OF [STATE]
COUNTY OF [COUNTY]
)))
ss.
 
On this _____ day of [Month], [Year], before me, the undersigned, a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared [Name of Signing Officer of Lender], to me personally known, who by me duly sworn, did say that he/she is a [Office of Signing Officer of Lender (ie. President)] of [Name of Lender], that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and as the free act and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in said County the day and year in this certificate first above written.
My Commission Expires:
 
 
 
 
Notary Public in and for said County and State
 
LANDLORD
 
 
STATE OF [STATE]
COUNTY OF [COUNTY]
)))
ss.
 
On this _____ day of [Month], [Year], before me, the undersigned, a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared [Name of Signing Officer of Landlord], to me personally known, who by me duly sworn, did say that he/she is a [Office of Signing Officer of Landlord (ie. President)] of [Name of Landlord], that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and as the free act and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in said County the day and year in this certificate first above written.
My Commission Expires:
 
 
 
 
Notary Public in and for said County and State
 

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