Common use of Prior Lease; Existing Mortgage Clause in Contracts

Prior Lease; Existing Mortgage. This Lease is a modification, continuation and extension of the Commercial Lease Agreement dated between Lessor and [, the leasehold interest having been assigned to Lessee,] covering the Leased Premises (“Prior Lease”), and the leasehold estate created under the Prior Lease is not terminated, but continued under this Lease. The terms and conditions set forth in this Lease are in replacement of and controlling over the terms and conditions set forth in the Prior Lease. If the leasehold estate was encumbered under the pror 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 incurred by Lessee or assumed by Lessee by assignment, 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 this Lease.

Appears in 2 contracts

Samples: Commercial Ground Lease, Commercial Ground Lease

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Prior Lease; Existing Mortgage. This The Lease is a modification, continuation and extension of the Commercial Lease Agreement dated between Lessor and [, the leasehold interest having been assigned to Lessee,] covering the Leased Premises (“Prior Lease”), and the leasehold estate created under the Prior Lease is not terminated, but continued under this the Lease. The terms and conditions set forth in this the Lease are in replacement of and controlling over the terms and conditions set forth in the Prior Lease. If the leasehold estate was encumbered under the pror 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 incurred by Lessee or assumed by Lessee by assignment, 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 this the Lease.

Appears in 2 contracts

Samples: Commercial Ground Lease, Commercial Ground Lease

Prior Lease; Existing Mortgage. This Lease is a modification, continuation and extension of the Commercial Lease Agreement dated between Lessor and [, the leasehold interest having been assigned to Lessee,] covering the Leased Premises (“Prior Lease”), and the leasehold estate created under the Prior Lease is not terminated, but continued under this Lease. The terms and conditions set forth in this Lease are in replacement of and controlling over the terms and conditions set forth in the Prior Lease. If the leasehold estate was encumbered under the pror 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 incurred by Lessee Xxxxxx or assumed by Lessee by assignment, Lessor and Lessee acknowledge and agree that the deed of trust lien continues in full force and effect to cover LesseeXxxxxx’s leasehold estate under this Lease.

Appears in 1 contract

Samples: Commercial Ground Lease

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Prior Lease; Existing Mortgage. This The Lease is a modification, continuation and extension of the Commercial Lease Agreement dated between Lessor and [, the leasehold interest having been assigned to Lessee,] covering the Leased Premises (“Prior Lease”), and the leasehold estate created under the Prior Lease is not terminated, but continued under this the Lease. The terms and conditions set forth in this the Lease are in replacement of and controlling over the terms and conditions set forth in the Prior Lease. If the leasehold estate was encumbered under the pror 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 incurred by Lessee Xxxxxx or assumed by Lessee by assignment, Lessor Xxxxxx and Lessee acknowledge and agree that the deed of trust lien continues in full force and effect to cover LesseeXxxxxx’s leasehold estate under this the Lease.

Appears in 1 contract

Samples: Commercial Ground Lease

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