NYC 9/11 Public Portal Document
1.
Bl :DINATION. ISTURBANCE AND ATTORWMRNT AgRERMENT
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THIS AGREEMENT is entered into as of CaptiBmlaar 1998, by
and between THE CITY OF NEW YORK, a municipal corporation
("Tenant"), and BANKERS TRUST COMPANY OF CALIFORNIA, N.A., as
trustee ("Mortgagee").
A. Landlord (hereinafter defined), has issued Notes due 1998
(the "Notes") to Mortgagee.
B. The Notes are secured in part by a Mortgage, Security
Agreement and Assignment of Rents, dated as of December 1, 1993 (as
amended or modified, the "Mortgage"), which Mortgage is recorded at
Book , Page of the Official Records of New York County, _
, and covers certain real property which is commonly known
as 7 World Trade Center in New York, New York, Block 84, Lot 36, as
more fully described by metes and bound in Exhibit A hereto (the
"Project").
C. Tenant has entered into a lease with 7 World Trade
Company, L.P. ("Landlord"), dated as of March 25, 1998, pursuant to
which Tenant will let certain premises at the Project (the
"Lease").
D. Pursuant to Article 19 of the Lease, Tenant is required
to enter into this Agreement, and upon execution by Trustee and
Tenant, the Tenant’s leasehold interest in the Project will be
subordinate to the interest of the Mortgagee under the Mortgage.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Subordination. The Lease shall be subject and
subordinate in all respects to the Mortgage, and to any and all
advances to be made thereunder and all renewals, modifications,
consolidations, replacements and extensions thereof.
2. Nondisturbance. So long as Tenant pays all rents
and other charges as specified in the Lease and is not otherwise in
default beyond any applicable notice and cure or grace period of
any of its obligations and covenants pursuant to the Lease,
Mortgagee agrees for itself and its successors-in-interest and for
any purchaser of the Project upon a foreclosure of the Mortgage,
that Tenant's possession of the premises as described in the Lease
and Tenant's other rights under the Lease will not be disturbed
42191159.WPS
4219.1016
September 2, 1998
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NYC-WTC_000169419
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