14833874, Official Records Affects:
A northwesterly portion of
the land
13. An easement for the purpose shown below and rights incidental thereto as set
forth in a document
Granted to:
The City of Santa Clara, a chartered municipal corporation
Purpose:
The construction, installation, maintenance, repair and operation of
underground electrical and communication systems Recorded:
July 13, 2000, as
Instrument No. 15309023, Official Records Affects:
A western portion of the
land
B-3
EXHIBIT C
FORM OF SURVEY CERTIFICATION
ALTA/ACSM Land Title Survey
FOR
MEERKAT [LANDLORD ENTITY NAME] LLC'S AQUISITON OF
[STREET ADDRESS], [CITY], CALIFORNIA
COUNTY OF [COUNTY NAME], STATE OF CALIFORNIA
BASED UPON TITLE ORDER NO.
OF [NAME OF TITLE INSURANCE
COMPANY]
BEARING AN EFFECTIVE DATE OF [DATE]
TO: [NAME OF TITLE INSURANCE COMPANY]; [LENDER NAME]
[LANDLORD NAME]; AND [SURVEYOR COMPANY]
THE UNDERSIGNED CERTIFIES TO THE BEST OF HIS/HER PROFESSIONAL KNOWLEDGE,
INFORMATION AND BELIEF, THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED
WERE MADE ON THE DATE SHOWN BELOW OF THE PREMISES SPECIFICALLY DESCRIBED IN
[NAME OF TITLE INSURANCE COMPANY] ORDER NO.
, DATED
AND WAS MADE (i) IN ACCORDANCE WITH THE "MINIMUM STANDARD
DETAIL REQUIREMENTS FOR ALTA/ACSM LAND TITLE SURVEYS", JOINTLY ESTABLISHED AND
ADOPTED BY ALTA, ACSM AND NSPS IN 1999; (ii) IN ACCORDANCE WITH THE
"
" DATED
AND INCLUDE ITEMS
OF
SPECIFICALLY DEFINED, AND (iii) PURSUANT TO THE
ACCURACY STANDARDS AS ADOPED BY ALTA, NSPS, AND ACSM AND IN EFFECT ON THE DATE
OF THIS CERTIFICATION, UNDERSIGNED FURTHER CERTIFIES THAT THE SURVEY
MEASUREMENTS WERE MMADE IN ACCORDANCE WITH THE "MINIMUM ANGLE, DISTANCE, AND
CLOSURE REQUIREMENTS FOR SURVEY MEASUREMENS WHICH CONTROL LAND BOUNDARIES FOR
ALTA/ASCM LAND TITLE SURVEYS.
Name of Surveyor
Registration No.
In
the State of California
Date of Survey:
Date of Last Revision:
]
C-1
EXHIBIT D
FORM OF SUBORDINATION, NON-DISTURBANCE
AND ATTORNMENT AGREEMENT
[ATTACHED]
D-1
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Gibson, Dunn & Crutcher LLP
200 Park Avenue
New York, New York 10166
Attention: Andrew H. Levy, Esq.
File No.: 52279-00138
SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT
THIS SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT (this "Agreement")
is made as of the
th day of
, 2004 by and between LEHMAN ALI
INC., a Delaware corporation having an address at 399 Park Avenue, New York, New
York 10022 ("Lender") and SAVVIS ASSET HOLDINGS, INC., a Delaware corporation,
having an address at 12851 Worldgate Drive, Herndon, Virginia 20170 ("Tenant").
RECITALS:
A. Lender is the present owner and holder of a certain deed of trust and
security agreement (together with any and all extensions, renewals,
substitutions, replacements, amendments, modifications and/or restatements
thereof, the "Security Instrument") dated February 13, 2004, given by Landlord
(defined below) to Lender which encumbers the fee estate of Landlord in certain
premises described in Exhibit A attached hereto (the "Property") and which
secures the payment of certain indebtedness owed by Landlord to Lender evidenced
by a certain promissory note dated February 13, 2004, given by Landlord to
Lender (the note together with all extensions, renewals, modifications,
substitutions