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ri Th <br /> SUBORDINATION AND ATTORNMENT AGREEMENT <br /> 411r <br /> THIS AGREEMENT is made as of , 1993, among <br /> BEAUDRY CONVENIENCE, INC. , a Minnesota corporation ("Tenant") , <br /> whose address is <br /> KENNETH J. BEAUDRY and CARRIE J. BEAUDRY, husband and wife <br /> ("Mortgagor") , whose address is 19701 Rush Street, Elk River, <br /> Minnesota 55330; and THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE <br /> CITY OF ELK RIVER, a public body corporate and politic of the <br /> State of Minnesota ("Mortgagee") , whose address is 13065 Orono <br /> Parkway, P.O. Box 490, Elk River, Minnesota 55330. <br /> RECITALS <br /> A. Mortgagor is the owner of certain real estate situated <br /> • in Sherburne County, Minnesota, which is legally <br /> described on Exhibit A attached to this Agreement (the <br /> "Premises") ; <br /> B. Mortgagee has made a loan to Mortgagor, repayment of <br /> which is secured by a Mortgage dated <br /> , 1993, which has been filed for record on <br /> , 1993, in the Office of the Sherburne <br /> County Recorder as Document Number (the <br /> "Mortgage") ; <br /> C. Tenant has leased all or a portion of the Premises from <br /> Mortgagor under a lease dated September 29, 1993 , <br /> between Mortgagor and Tenant, filed October 1, 1993 , as <br /> Document No. 283690 (which lease and all amendments <br /> thereto are referred to herein as the "Lease") ; <br /> D. As a condition of Mortgagee' s disbursement of loan <br /> proceeds, Mortgagee has required Tenant to confirm that <br /> the Lease and Tenant ' s interest in the Premises are <br /> subordinate to the lien of the Mortgage; <br /> E. Mortgagee is disbursing the loan proceeds in reliance <br /> upon the covenants contained in this Agreement. <br /> • <br />