Fee Mortgage. Landlord shall not have any right to execute, deliver or record a Fee Mortgage during the Term of this Lease. Landlord represents and warrants that no Fee Mortgage exists as of the Commencement Date.
Fee Mortgage. Landlord represents and warrants to Tenant that there are no existing mortgages or deeds of trust encumbering the Land as of the date hereof, and there will be no such mortgages or deeds of trust existing as of the Possession Date.
Fee Mortgage. Landlord shall have the right at any time during the Term to subject its interest in the Premises, the Building, the Complex and/or this Lease to any one or more mortgages on Landlord’s interest therein (“Fee Mortgage”) and to renew, modify, consolidate, replace, extend and/or refinance any such Fee Mortgage. Landlord shall be entitled to all of the proceeds from any such Fee Mortgage at any time effected pursuant hereto.
Fee Mortgage. Each and every Fee Mortgage shall be and is hereby made, subject and subordinate in all respects (i) to this Lease, and all amendments and modifications thereto and to any Novation Ground Lease granted pursuant to the provisions of paragraph 16(c)(v) and to any amendments and modifications thereto, provided that all such amendments and modifications to this Lease or to any such Novation Ground Lease are made prior to the date of such Fee Mortgage, and (ii) to any and all claims of the Tenant arising under this Lease, any such Novation Ground Lease, and/or the Related Agreements, or under any modifications of the foregoing which are modifications made prior to the date of such Fee Mortgage. The holder of a Fee Mortgage is referred to herein as a "Fee Mortgagee", the Fee Mortgage that is prior in lien among those in effect is herein referred to as the "First Fee Mortgage", and the holder of the First Fee Mortgage is herein referred to as the "First Fee Mortgagee". Landlord shall use good faith efforts to provide written notice to Tenant of the existence of each Fee Mortgage as the same is executed and becomes effective, but Landlord shall not be liable for inadvertent failure to provide any such notice and Tenant's remedies for any failure to provide notice hereunder shall not include termination of this Lease and shall be limited to recovering any actual damages resulting from any failure by Landlord to provide notice hereunder. Notwithstanding that the subordination of each Fee Mortgage to this Lease and to all interests of Tenant and parties claiming by, through or under Tenant is automatic and absolute, this Section 46 shall constitute a covenant running with the title to the Land obligating each Fee Mortgagee to provide a formal written acknowledgment of such subordination and agreement not to disturb Tenant absent default by Tenant upon written request of Tenant, in a form reasonably acceptable to Tenant and such Fee Mortgagee, and Landlord hereby covenants to use its diligent best efforts to obtain such an acknowledgment from each Fee Mortgagee as so requested, providing only that as a condition thereof Tenant and each Permitted Leasehold Mortgagee of Tenant shall in turn provide an attornment agreement in favor of each such Fee Mortgagee agreeing to attorn to the Fee Mortgagee in the that such Fee Mortgagee shall succeed to the Landlord's interests hereunder. The foregoing notice requirements shall also apply to any assignment of this Lease by Landlo...
Fee Mortgage. Landlord shall comply with the terms and provisions of each Fee Mortgage and any Regulatory Agreement for Multifamily Housing Projects with HUD to which Landlord is a party.
Fee Mortgage. Fee Mortgage" shall mean any Mortgage at any time given by Landlord and remaining uncancelled on the Official Records, encumbering all or any portion of Landlord's right, title and estate in the Land or in this Lease.
Fee Mortgage. Landlord shall have the right at any time during the Lease Term, without the consent of Tenant, to subject its fee interest in the Demised Premises, or any part thereof, but not any property of Tenant, to any one or more mortgages, deeds of trust, deeds to secure debt or similar security instrument (as it may be renewed, modified, consolidated, replaced, or extended a "Fee Mortgage"). The owner or holder of any Fee Mortgage as to which Tenant has received written notice shall be referred to as the "Fee Mortgagee". This Lease (including, without limitation, Tenant's leasehold estate and other rights hereunder) shall not be subject or subordinate to any Fee Mortgage except pursuant to the terms of a Subordination, Non-Disturbance and Attornment Agreement (an “SNDA”) to be entered into between Landlord, Tenant and the holder of the Fee Mortgage and in a form acceptable to all parties. The form of SNDA attached to this Lease as Exhibit D is acceptable to Landlord and Tenant.
Fee Mortgage. The lien of any mortgage now or hereafter placed upon the fee title to the Premises (a “Fee Mortgage”) shall be subject and subordinate to this Lease and to any amendments of this Lease; provided, however, that so long as any Fee Mortgage shall constitute a lien on the fee title to the Premises no amendment hereafter made to this Lease (i) to reduce the amount of rent payable by Tenant hereunder or (ii) to increase Landlord’s obligations in any way shall be binding upon the holder of any Fee Mortgage and any such holder shall be entitled to enforce this Lease in accordance with its terms prior to such amendment.
Fee Mortgage. Unless Mortgagee otherwise consents, the acquisition of any fee title or other interest in the Leased Land or the Improvements by Mortgagor, whether pursuant to an option in the Lease or otherwise, shall not result in a merger of the leasehold estate with such fee title or other interest. In the event that Mortgagor acquires any such fee title or other interest, such fee title or other interest shall be subject to the terms of this Mortgage.
