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Subordination Agreement for 7 WTC, Oct 1998

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Agreement between City of New York and Bankers Trust Company dated October 1998 regarding 7 World Trade Center.

NYC-WTC_000169479–000169493

Folder label: “SUBORDINATION, NONDISTURBANCE AND ATTORNMENT AGREEMENT

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NYC 9/11 Public Portal Document

SUBORDINATION. iTSTnRBANCE AND ATTORNMENT AGREEMENT

THIS AGREEMENT is entered into as of flapbaMiMP 1998, by and between THE CITY OP 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.WP5 4219.1016 September 2, 1998

NYC-WTC_000169479

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NYC-WTC_000169479Source: NYC Law Department, mirrored locally

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