Ground Lease (a) Each Ground Lease contains the entire agreement of the Borrower or the applicable Subsidiary Guarantor and the applicable owner of the fee interest in such Unencumbered Property (the “Fee Owner”), pertaining to the Unencumbered Property covered thereby. With respect to Unencumbered Property subject to a Ground Lease, the Borrower and the applicable Subsidiary Guarantors have no estate, right, title or interest in or to the Unencumbered Property except under and pursuant to the Ground Lease or except as may be otherwise approved in writing by Agent. The Borrower has delivered a true and correct copy of the Ground Lease to the Agent and the Ground Lease has not been modified, amended or assigned, with the exception of written instruments that have been recorded in the applicable real estate records for such Unencumbered Property. (b) The applicable Fee Owner is the exclusive fee simple owner of the Unencumbered Property, subject only to the Ground Lease and all Liens and other matters disclosed in the applicable title policy for such Unencumbered Property subject to the Ground Lease, and the applicable Fee Owner is the sole owner of the lessor’s interest in the Ground Lease. (c) There are no rights to terminate the Ground Lease other than the applicable Fee Owner’s right to terminate by reason of default, casualty, condemnation or other reasons, in each case as expressly set forth in the Ground Lease. (d) Each Ground Lease is in full force and effect and, to Borrower’s knowledge, no breach or default or event that with the giving of notice or passage of time would constitute a breach or default under any Ground Lease (a “Ground Lease Default”) exists or has occurred on the part of a Borrower or a Subsidiary Guarantor or on the part of a Fee Owner under any Ground Lease. All base rent and additional rent, if any, due and payable under each Ground Lease has been paid through the date hereof and neither Borrower nor any Subsidiary Guarantor is required to pay any deferred or accrued rent after the date hereof under any Ground Lease. Neither Borrower nor a Subsidiary Guarantor has received any written notice that a Ground Lease Default has occurred or exists, or that any Fee Owner or any third party alleges the same to have occurred or exist. (e) The Borrower or applicable Subsidiary Guarantor is the exclusive owner of the ground lessee’s interest under and pursuant to each Ground Lease and has not assigned, transferred or encumbered its interest in, to, or under the Ground Lease, except to Agent under the Loan Documents.
Existing Leases (a) Seller represents to Buyer that all existing apartment leases at the Property (the "Leases") and any other rights to the use or occupancy of the apartments at the Property (the "Tenancies") are identified on Exhibit E attached hereto. (b) Between the Contract Date and the Closing Date, Seller shall perform or cause to be performed all obligations of Seller or the landlord under the terms of the Leases. (c) To the best of Seller's knowledge, Seller warrants to Buyer that all the Leases are in full force and effect and that no tenant under any of the Leases has any pending claim or basis for any claim for any reduction, deduction or set off against the landlord or the rent due thereunder. Seller further warrants that to the best of Seller's knowledge, except as respects the First Mortgage, Seller has the sole right to collect the rents due under the Leases and that neither the Leases nor the right to collect the rents due thereunder has been assigned, pledged, hypothecated or otherwise encumbered by Seller. During the Inspection Period, Buyer shall have the right to review and inspect copies of all documents comprising the Leases and to make necessary copies thereof. Buyer shall also have the right to review and inspect all Tenants' files and documents therein including, but not limited to, applications and credit histories. Seller warrants that to the best of Seller's knowledge, there are no amendments, modifications, extensions or renewals of such Leases that are not reflected by such documents and Exhibit E. Exhibit E shall set forth the following information with respect to each Lease: (i) the name of each tenant residing in each unit number designation; (ii) the apartment number(s) occupied by such tenant; (iii) the commencement and termination dates of the Lease; and (iv) all allowances, concessions, free rent or reduced rent payable thereunder; and (v) the amounts of security deposits for each unit and tenancy.
Lease Agreement On the terms stated in this Lease, Landlord leases the Premises to Tenant, and Tenant leases the Premises from Landlord, for the Term beginning on the Commencement Date and ending on the Termination Date unless extended or sooner terminated pursuant to this Lease.