a document
Granted to:
The City of Santa Clara, a municipal corporation
Purpose:
Installation and maintenance underground electric utilities
Recorded:
January 20, 1982, in Book G563, Page 308, Instrument No. 7263119, Official
Records
Affects:
A portion of premises
B-2
10. A document subject to all the terms, provisions and conditions therein
contained.
Entitled:
Agreement Permitting a Pedestrian Arcade, for an Arcade Easement and for
Construction and Maintenance of an Arcade
Dated:
January 09, 1987
Executed by:
The City of Santa Clara, a municipal corporation, Rolm Corporation, a
California corporation and Melchor Investment Company, a partnership
Recorded:
April 06, 1987, in Book K097, Page 1975, Instrument No. 9219638, Official
Records
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 ADOPTED BY ALTA, NSPS, AND ACSM AND IN
EFFECT ON THE DATE OF THIS CERTIFICATION, UNDERSIGNED FURTHER CERTIFIES THAT THE
SURVEY MEASUREMENTS WERE MADE 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