Common use of Prior Lease; Existing Mortgage Clause in Contracts

Prior Lease; Existing Mortgage. The Lease is a modification, continuation and extension of the Cottage Site Lease dated between Lessor and Lessee covering the Leased Premises (“Prior Lease”), and the leasehold estate created under the Prior Lease is not terminated, but continued under the Lease. The terms and conditions set forth in the Lease are in replacement of and controlling over the terms and conditions set forth in the Prior Lease. If Lessee has encumbered Lessee’s leasehold estate under the Prior Lease by a deed of trust lien, recorded in the Real Property Records of the county in which the Leased Premises are located to secure indebtedness, Lessor and Lessee acknowledge and agree that the deed of trust lien continues in full force and effect to cover Lessee’s leasehold estate under the Lease.

Appears in 4 contracts

Samples: Residential Ground Lease, Residential Ground Lease, Residential Ground Lease

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Prior Lease; Existing Mortgage. The This Lease is a modification, continuation and extension of the Cottage Site Lease dated between Lessor and Lessee covering the Leased Premises (“Prior Lease”), and the leasehold estate created under the Prior Lease is not terminated, but continued under the this Lease. The terms and conditions set forth in the this Lease are in replacement of and controlling over the terms and conditions set forth in the Prior Lease. If Lessee has encumbered Lessee’s leasehold estate under the Prior Lease by a deed of trust lien, lien recorded in the Real Property Records of the county in which the Leased Premises are located to secure indebtedness, Lessor and Lessee acknowledge and agree that the deed of trust lien continues in full force and effect to cover Lessee’s leasehold estate under the this Lease.

Appears in 4 contracts

Samples: Residential Ground Lease, Residential Ground Lease, Residential Ground Lease

Prior Lease; Existing Mortgage. The Lease is a modification, continuation and extension of the Cottage Site Lease dated between Lessor and Lessee covering the Leased Premises (“Prior Lease”), and the leasehold estate created under the Prior Lease is not terminated, but continued under the Lease. The terms and conditions set forth in the Lease are in replacement of and controlling over the terms and conditions set forth in the Prior Lease. If Lessee has encumbered Lessee’s leasehold estate under the Prior Lease by a deed of trust lien, recorded in the Real Property Records of the county in which the Leased Premises are located to secure indebtedness, Lessor and Lessee acknowledge and agree that the deed of trust lien continues in full force and effect to cover Lessee’s leasehold estate under the Lease.

Appears in 2 contracts

Samples: Residential Ground Lease, Residential Ground Lease

Prior Lease; Existing Mortgage. The This Lease is a modification, continuation and extension of a lease between Lessee and a prior owner of the Cottage Site Lease dated between Lessor and Lessee Leased Premises covering the Leased Premises (“Prior Lease”), and the leasehold estate created under the Prior Lease is not terminated, but continued under the this Lease. The terms and conditions set forth in the this Lease are in replacement of and controlling over the terms and conditions set forth in the Prior Lease. If Lessee has encumbered Lessee’s leasehold estate under the Prior Lease by a deed of trust lien, lien recorded in the Real Property Records of the county in which the Leased Premises are located to secure indebtedness, Lessor and Lessee acknowledge and agree that the deed of trust lien continues in full force and effect to cover Lessee’s leasehold estate under the this Lease.

Appears in 2 contracts

Samples: Residential Ground Lease, Residential Ground Lease

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Prior Lease; Existing Mortgage. The This Lease is a modification, continuation and extension of the Cottage Site Lease dated between Lessor and Lessee covering the Leased Premises (“Prior Lease”), and the leasehold estate created under the Prior Lease is not terminated, but continued under the this Lease. The terms and conditions set forth in the this Lease are in replacement of and controlling over the terms and conditions set forth in the Prior Lease. If Lessee Xxxxxx has encumbered Lessee’s leasehold estate under the Prior Lease by a deed of trust lien, lien recorded in the Real Property Records of the county in which the Leased Premises are located to secure indebtedness, Lessor and Lessee Xxxxxx acknowledge and agree that the deed of trust lien continues in full force and effect to cover LesseeXxxxxx’s leasehold estate under the this Lease.

Appears in 1 contract

Samples: Residential Ground Lease

Prior Lease; Existing Mortgage. The Lease is a modification, continuation and extension of the Cottage Site Lease dated between Lessor and Lessee covering the Leased Premises (“Prior Lease”), and the leasehold estate created under the Prior Lease is not terminated, but continued under the Lease. The terms and conditions set forth in the Lease are in replacement of and controlling over the terms and conditions set forth in the Prior Lease. If Lessee Xxxxxx has encumbered Lessee’s leasehold estate under the Prior Lease by a deed of trust lien, recorded in the Real Property Records of the county in which the Leased Premises are located to secure indebtedness, Lessor and Lessee Xxxxxx acknowledge and agree that the deed of trust lien continues in full force and effect to cover LesseeXxxxxx’s leasehold estate under the Lease.

Appears in 1 contract

Samples: Residential Ground Lease

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