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<br />Tenant under the Lease, or (b) thirty (30) days, shall have elapsed following the giving of such notice,
<br />during which period Lender shall have the right, but not be obligated, to remedy such act, omission or
<br />other matter.
<br />
<br />7. Miscellaneous. This Agreement and each and every covenant, agreement and other
<br />provision hereof shall be binding upon and shall inure to the benefit of the parties hereto and their
<br />representatives, successors and assigns, This Agreement may not be modified orally or in any manner
<br />other than by an agreement in writing signed by the parties hereto or their respective successors in
<br />interest The term "Lender" as used throughout this Agreement includes any successor or assign of
<br />Lender and any holder(s) of any interest in the indebtedness secured by the Deed of Trust This
<br />Agreement and the rights and duties of the parties hereunder shall be governed for all purposes by the
<br />law of the State of California and the law of the United States applicable to transactions within such
<br />state, This Agreement may be executed in multiple counterparts, and by the different parties hereto in
<br />separate counterparts, each of which when so executed and delivered shall be deemed to be one and
<br />the same instrument with the same signature as if all parties to this Agreement had signed the same
<br />signature page,
<br />
<br />8.
<br />
<br />Tenant Certifications, Tenant certifies to Lender, to Tenant's best knowledge, that:
<br />
<br />8.1 (a) The Lease is presently in full force and effect with no defaults thereunder bv
<br />Borrower or by Tenant and unmodified except as indicated hereinabove, (b) no rent under the Lease has
<br />been paid more than thirty (30) days in advance of its due date, and no security or deposits as security
<br />have been made thereunder, except as follows: $4,563,00, (c) the address for notices to be sent to
<br />Tenant is as set forth in the Lease, or at the Demised Premises, (d) Tenant has no charge, lien, claim or
<br />offset under the Lease or otherwise, against rents or other charges due or to become due thereunder,
<br />(e) Tenant has accepted possession of the Demised Premises under the Lease, and all items of an
<br />executory nature have been completed under the terms of the Lease, including but not limited to, any
<br />and all punchlist items and completion of construction of any improvements required under the Lease,
<br />and (f) no rentals are accrued and unpaid under the Lease,
<br />
<br />8.2 (a) The term of the Lease commenced on May 10, 2004, and the term of the
<br />Lease terminates on September 30, 2004, (b) the Lease contains the following option(s) to extend the
<br />Lease term: NONE, (c) the Lease contains the following option(s) to purchase all or any portion of the
<br />Demised Premises: NONE, and (d) the square footage of the Demised Premises is approximately 3,407
<br />square feet
<br />
<br />8.3 (a) Base fixed rent is currently $4,563,00 per month, (b) the monthly additional
<br />rent charges currently are NONE (Tenant pays for electricity directly to Southern California Edison) [Le"
<br />Taxes, Maintenance, Utilities and Insurance], (c) the next increase in the fixed rent payment is set to
<br />occur on NONE, and (d) eleven (11) monthly parking spaces shall be at no charge. All other monthly
<br />parking and validation stamps shall be at the parking rates applicable from time to time by Landlord
<br />and/or its licensee,
<br />
<br />8.4 (a) Tenant agrees not to subordinate the Lease to any second mortgage or deed
<br />of trust without Lender's consent, and (b) Tenant has not received notice of any assignment,
<br />hypothecation, mortgage, or pledge of Borrower's interest in the Lease or the rents or other amounts
<br />payable thereunder.
<br />
<br />[Signatures continued on the following page, J
<br />
<br />Subordination, Non.Disturbance & Attornment Agreement
<br />IR01l278154
<br />
<br />3
<br />
<br />6/28/2004
<br />Rev: 5/14/02
<br />
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