Common use of Recording; Modification Clause in Contracts

Recording; Modification. Such Ground Lease (or a memorandum thereof) was recorded in the applicable recording office and with the related recording information respectively set forth on Schedule IV hereto. Such Ground Lease permits the interest of Borrower to be encumbered by a mortgage (provided that such mortgage is at all times subject and subordinate to the Ground Lease) or the Ground Lessor thereunder has approved and consented to the encumbrance of the applicable Ground Lease Property by the related Mortgage. There have not been amendments or modifications to the terms of such Ground Lease since recordation of the same (or a memoranda thereof). Such Ground Lease provides that it may not be terminated, surrendered or amended without the prior written consent of Lender as a mortgagee of the interest of Borrower other than any provisions thereof that provides that the Ground Lessor thereunder may exercise its remedies in accordance with such Ground Lease if the obligations of Borrower under the Ground Lease are not performed or cured by such mortgagee as provided in the Ground Lease.

Appears in 2 contracts

Sources: Loan Agreement (Brixmor Property Group Inc.), Senior Mezzanine Loan Agreement (Brixmor Property Group Inc.)