Recording; Modification. A memorandum of the Ground Lease has been duly recorded. The Ground Lease permits the interest of Mortgage Borrower to be encumbered by a mortgage (provided that the mortgage is at all times subject and subordinate to the Ground Lease) or the ground lessor has approved and consented to the encumbrance of the Individual Property by the related Mortgage. The Ground Lease may not be terminated, surrendered or amended without the prior written consent of Mortgage Lender; provided that the ground lessor shall not be prevented from exercising its remedies in accordance with the Ground Lease if the obligations of Mortgage Borrower under the Ground Lease are not performed as provided in the Ground Lease.
Appears in 2 contracts
Sources: Junior Mezzanine Loan Agreement (Sunstone Hotel Investors, Inc.), Mezzanine Loan Agreement (Sunstone Hotel Investors, Inc.)
Recording; Modification. A memorandum of the Each Ground Lease (or a memorandum thereof) has been duly recorded. The Each Ground Lease permits the interest of Mortgage Borrower to be encumbered by a mortgage (provided that and/or the mortgage is at all times subject and subordinate to the Ground Lease) or the applicable ground lessor has approved and consented to the encumbrance of the applicable Individual Property by the Mortgage thereon. There have not been any amendments or modifications to the terms of the related MortgageGround Lease since recordation of such Ground Lease (or a memorandum thereof), with the exception of written instruments which have been recorded or estoppels delivered in connection with the Loan. The No Ground Lease may not be terminated, surrendered or materially amended without the prior written consent of Mortgage Lender; provided that the no ground lessor shall not be prevented from exercising its remedies in accordance with the applicable Ground Lease if the obligations of Mortgage the applicable Borrower under the applicable Ground Lease are not performed as provided in the such Ground Lease.
Appears in 2 contracts
Sources: Loan Agreement (Hcp, Inc.), Loan Agreement (Hcp, Inc.)
Recording; Modification. A memorandum of the Ground Lease has been duly recorded. The Ground Lease permits the interest of Mortgage Borrower to be encumbered by a mortgage (provided that the mortgage is at all times subject and subordinate to the or Ground Lease) or the ground lessor Lessor has approved and consented to the encumbrance of the Individual Property by the related Mortgage. There have been no amendments or modifications to the terms of the Ground Lease since recordation of the Ground Lease (or a memoranda thereof), with the exception of written instruments which have been delivered to Lender. The Ground Lease may not be terminated, surrendered or amended without the prior written consent of Mortgage Lender; provided that the ground lessor Ground Lessor shall not be prevented from exercising its remedies in accordance with with. the Ground Lease if the obligations of Mortgage Borrower under the Ground Lease are not performed as provided in the Ground Lease, subject to notice and cure rights provided to Lender in the Ground Lease.
Appears in 1 contract
Sources: Loan Agreement (Acadia Realty Trust)
Recording; Modification. A memorandum of the Ground Lease has been duly recorded. The Ground Lease permits the interest of Mortgage Borrower to be encumbered by a mortgage (provided that the mortgage is at all times subject and subordinate to the Ground Lease) or the ground lessor Ground Lessor has approved and consented to the encumbrance of the Individual Property by the related Mortgage. The Ground Lease may not be terminated, surrendered or amended without the prior written consent of Mortgage Lender, which consent shall not be unreasonably withheld or delayed; provided that the ground lessor Ground Lessor shall not be prevented from exercising its remedies in accordance with the Ground Lease if the obligations of Mortgage Borrower under the Ground Lease are not performed as provided in the Ground Lease.
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