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AD~6VY'S,Il~1C.. ~ SRI Location No. 501 0
16`T 00 Val l View Aye. ~
p.o. ~ 60`~ . - 596'756 ~~'0 ~
Ia Mirada, Ca. 90637 .
~ NON-DISTURBANCE AND
ATTORNMENT AGREEMENT
Lenders
This Agreement made and entered into this ~ day of
, 1983 by and between*FIRST NATIONAL BANK OF
F RT PIERCE ("Lender"~~~ and DENNY'S, INC., a California
corporation ("Denny's").
WHEREAS, Lender is the mortgagee under that certain
mortgage recorded in the State of Florida, County of ~
St. Lucie on October 9, 1973, in Book 219 at Page 1501 the
Official Records for the above State and County and the
holder of the indebtedness secured thereby (the "Mortgage");
and
WHEREAS, the Mortgage covers certain real property
situated in the County of St. Lucie, State of Florida (the
"Premises") which property is more particularly described in
Exhibit "A" attached hereto and incorporated herein by
reference; and
WHEREAS, by lease dated May 24, 1973, a copy of which
~ is attached hereto as Exhibit "B" (the "Lease")
i Sambo's of Greater Miami, Inc., predecessor in interest to
Sambo's Restaurants, Inc. ("Sambo's"), a California
, corporation, leased the Premises from Alexander Leo Johnson.
and~Mary Ellen Johnson as Landlords and which Lease is
subject to and subordinate to the Mortgage; and
WHEREAS, Sambo's desires to assign and Denny's desires
to assume all of Sambo's right, title and interest to and ~
all duties and obligations under the Lease for the balance
of its original term and all optional terms; and
WHEREAS, the Lender and Denny's wish to recognize
Denny's right to occupy the Premises.according to the terms
and conditions of the Lease for the balance of the original
term of the Lease and all option terms of the Lease;
NOW, THEREFORE, in consideration of the promises and
covenants contained herein, the parties hereto covenant and
agree as follows: "
(1) So long as Denny's is not in default in the
performance of any of the terms, covenants or conditions of
~ the Lease on Denny's part to be performed and so long as
Denny's has observed all terms and conditions of the Lease:
(a) Lender will not join Denny's under the Lease
in any action or proceeding f~r the purpose of terminating
Denny's interest and estate under the Lease because of any
default under the Mortgage; and
*SOl1THEAST BANK, N.A., Fort Pierce Downtown Banking Center,
formerly known as -
_ . aoo~4 PAGE 919
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