Exhibit 10.7
FIRST AMENDMENT TO
LEASE
This First Amendment to Lease
(“First Amendment”), dated for reference purposes only
as of May 10, 2006, is entered into by and between Stecar
Properties, LLC, a California limited liability company
(“Lessor”) and Diedrich Coffee, Inc., a Delaware
corporation (“Lessee”).
RECITALS
A. Lessor and Lessee entered into a
Lease dated January 1, 2006, pursuant to which Lessor leased
to Lessee and Lessee leased from Lessor the premises located at
11480 Industrial Parkway, Castroville, California, as more
particularly described in the Lease.
B. Lessor and Lessee now wish to
amend the Lease as more specifically set forth in this First
Amendment.
C. Capitalized terms not otherwise
defined in this First Amendment shall have the meanings ascribed to
them in the Lease.
AGREEMENT
In consideration of the mutual
covenants set forth herein and other valuable consideration,
receipt of which is hereby acknowledged, Lessor and Lessee agree as
follows:
1. Subordination . Paragraph
17 of the Lease is hereby deleted and replaced with the
following:
17. Subordination, Attornment and
Nondisturbance . At Lessor’s election, this Lease shall
become subject and subordinate to any mortgage or deed of trust
that affects the Premises (“ Security
Instrument ”) and is created after the Effective
Date. Notwithstanding such subordination, Lessee’s right to
quiet possession of the Premises shall not be disturbed so long as
Lessee is not in default and performs all of its obligations under
this Lease, unless this Lease is otherwise terminated pursuant to
its terms. Lessee shall upon request execute any document or
instrument required by any lender to make this Lease either prior
to or subordinate to a Security Instrument, which may include such
other matte
