Common use of Liability of Lender as Landlord Clause in Contracts

Liability of Lender as Landlord. If the interests of Borrower in the real estate are acquired by Lender by foreclosure, deed in lieu of foreclosure or any other method, Lender shall be bound to Tenant under all of the terms, covenants, and conditions of the Lease, and Tenant shall, from and after Lender's acquisition of the interests of Borrower in the real estate, have the same remedies against Lender for the breach of the Lease that Tenant would have had under the Lease against Borrower if Lender had not succeeded to the interests of Borrower, provided, however, that Lender shall not be: (a) Liable for any act or omission of any landlord (including Borrower) prior to the date of Lender's acquisition of the interests of Borrower in the real estate; or (b) Subject to any offsets or defenses which Tenant might have against any landlord (including Borrower) prior to the date of Lender's acquisition of the interests of Borrower in the real estate; or (c) Liable for the return of any security deposit under the Lease unless such security deposit shall have been actually deposited with Lender; or

Liability of Lender as Landlord. If the interests of Borrower in the real estate are acquired by Lender by foreclosure, deed in lieu of foreclosure or any other method, Lender shall be bound to Tenant under all of the terms, covenants, and conditions of the Lease, and Tenant shall, from and after Lender's ’s acquisition of the interests of Borrower in the real estate, have the same remedies against Lender for the breach of the Lease that Tenant would have had under the Lease against Borrower if Lender had not succeeded to the interests of Borrower, provided, however, that Lender shall not be: (a) Liable for any act or omission of any landlord (including Borrower) prior to the date of Lender's ’s acquisition of the interests of Borrower in the real estate; or (b) Subject to any offsets or defenses which Tenant might have against any landlord (including Borrower) prior to the date of Lender's ’s acquisition of the interests of Borrower in the real estate; or (c) Liable for the return of any security deposit under the Lease unless such security deposit shall have been actually deposited with Lender; or

Liability of Lender as Landlord. If the interests of Borrower in the real estate are acquired by Lender by foreclosure, deed in lieu of foreclosure or any other method, Lender shall be bound to Tenant under all of the terms, covenants, and conditions of the Lease, and Tenant shall, from and after Lender's ’s acquisition of the interests of Borrower in the real estate, have the same remedies against Lender for the breach of the Lease that Tenant would have had under the Lease against Borrower if Lender had not succeeded to the interests of Borrower, provided, however, that Lender shall not be: (a) Liable for any act or omission of any landlord (including Borrower) prior to the date of Lender's ’s acquisition of the interests of Borrower in the real estate, except for matters of a continuing nature (such as failure of maintenance and repair) provided such matters are reasonably susceptible to cure and then only to the extent and for so long as Lender’s ownership of the Property; or (b) Subject to any offsets or defenses which Tenant might have against any landlord (including Borrower) prior to the date of Lender's ’s acquisition of the interests of Borrower in the real estate; or (c) Liable for the return of any security deposit under the Lease unless such security deposit shall have been actually deposited with Lender; or