Mortgage Rights. 39.01. Tenant agrees that in the event of any act or omission by Landlord which would give Tenant the right under this Lease to terminate this Lease or to claim a partial or total eviction, Tenant shall not exercise such right (i) until Tenant has given written notice of such act or omission to the holder of the Mortgages, overleases and ground leases whose name and address has been supplied to Tenant and which continue in existence and (ii) until a period of thirty (30) days beyond the time available to Landlord under this Lease in which to cure the breach or default by Landlord has elapsed. The holder of any Mortgage, xxxxxxxxx and ground lease shall have no obligation to cure (and shall have no liability or obligation for not curing) any breach or default or default by Landlord, except to the extent that any such holder agrees to undertake otherwise in writing. In addition, as to any breach or default by Landlord the cure of which requires possession and control of the Building, provided only that the holder of such Mortgage, xxxxxxxxx or ground lease undertakes to Tenant by written notice to Tenant within thirty (30) days after receipt of Tenant's notice to exercise reasonable efforts to cure or cause to be cured by a receiver such breach or default within the period permitted by this paragraph, such holder's cure period shall continue for such additional time as may reasonably be required to either (a) obtain possession and control of the Building and thereafter cure the breach or default with reasonable diligence and continuity or (b) obtain the appointment of a receiver and give such receiver a reasonable period of time in which to cure the default.
39.02. The provisions of Section 39.01 hereof shall be subject to the provisions of any subordination, non-disturbance and attornment agreement which may be entered into, and the provisions of such agreement shall prevail in the event of any conflict.
Mortgage Rights. The specification of the research used is descriptive analytical, namely doing a description of the research results with data as complete and detailed as possible. The intended description is for primary data and also secondary data related to the credit agreement process and the Electronic Integrated Mortgage Registration in the city of Tegal. Furthermore, an analysis of the research results is carried out using the relevant laws and xxxxxxxx0.
Mortgage Rights. Lessor to agree to full recognition of lender’s rights to assure lender that lender’s lien on the ground lessee’s interest will continue in the event of Les- see’s default including entry into a new lease on same terms for remaining term in the event lender, or its successor assumes Xxxxxx’s position, provided Lease is brought and remains current. Lessor’s fee simple interest shall NOT be made subordinate to lender’s rights. Improvements: Lessee shall construct, at its sole cost and expense, the Improvements and sitework consistent with the Approvals and pursuant to plans and specifica- tions (the “Plans”) which have been submitted to and approved by Lessor in advance of commencement of construction. Lessor shall also have the right of approval of any material change to the Plans. Lessee shall keep Landlord apprised, at all times, of the status of construction of the Improvements. Up- on commencement of construction, Lessee will provide Lessor with a con- struction schedule which shall detail the phases of construction of the units over a period of not more than five (5) years, with each phase not exceeding twenty-four (24) months for the first phase and eighteen (18) months for each subsequent phase. Xxxxxx agrees to logically phase and control construction so as to provide minimum interruption of and interference with existing uses on Xxxxxx’s adjoining property. In the event that Lessee has not, except for factors beyond its reasonable control, for which commensurate additional time will be added, completed construction of the total number of units al- lowed under the Approvals on that date which is six (6) years after the date of the Approvals, then Lessee shall lose the right to further develop remaining units. The restriction in the immediately preceding sentence shall not apply to the holder of an arm’s length mortgage. Demolition: Lessee may, upon both of: 7 (a) receipt of all Approvals and execution of the Ground Lease by both Les- see and Lessor; and (b) release of any current mortgage holder’s interest in the Real Estate, ex- cept for continuing easement and rights of way, demolish, at Xxxxxx’s sole cost and expense, in accordance with the Plans, permits and approvals and so as not to interfere with Xxxxxx’s use of or access to or egress from its remaining property and improvements, such improve- ments located upon the Real Estate as shown on the Plan approved by Lessor.
Mortgage Rights. The mortgage rights hereunder shall attach to the accession, ancillary rights, subrogation rights, fixtures, mixtures, processed objects, and accrual of the collateral.
Mortgage Rights. 1. Mortgage rights of the land can be given to the Lessee as per HDC’s Mortgage Policy.
Mortgage Rights. This Lease and TENANT’S interest hereunder are and shall be subordinate to any mortgages, liens or encumbrances now or hereafter placed on the Property by LANDLORD including all advances made under any such mortgage, liens or encumbrances, the interest payable on any such liens or encumbrances, and any and all renewals or extensions of such liens or encumbrances ABANDONMENT AND ABANDONED PROPERTY: If at any time during the term of the Lease, TENANT abandons the Property or any part thereof as defined by the Florida Statutes, LANDLORD shall not be responsible for storage or disposition of the TENANT’S personal property. LANDLORD may, at its option, obtain possession of the Property or any contents in the manner provided by law, and without becoming liable to TENANT for damages or for any payment of any kind whatsoever. If LANDLORD’S right of re-entry is exercised following abandonment of the Property by TENANT, LANDLORD may consider any personal property belonging to TENANT and left on the Property to also have been
Mortgage Rights. 92 40. BROKER ............................................................. 93 41.
Mortgage Rights. Each Co-Tenant may at any time and from time to time mortgage, create or provide for a security interest in or convey in trust all or a part of its ownership share in NGS, if any, together with an equal interest in this Agreement, to a trustee or trustees under a deed of trust, mortgage or indenture, or to a secured party or parties under a security agreement, as security for its present or future bonds or other obligations or securities, and to any successors or assigns thereof, without need for the prior written consent of any other Party and without such mortgagee, trustee or secured party assuming or becoming in any respect obligated to perfonn any of the obligations of the Parties. Any mortgagee, trustee or secured party under present or future deeds of trust, mortgages, indentures or security agreements of any of the Co-Tenants and any successor or assign thereof, and any receiver, referee or trustee in bankruptcy or reorganization of any of the Co-Tenants, and any successor by action of law or otherwise, and any purchaser, transferee or assignee of any of the foregoing may, upon prior written notice to each other Party, but without need for the prior written consent of any other Party, succeed to and acquire all the rights, titles and interests of such Co-Tenant in NGS and this Agreement and may take over possession of or foreclose upon said rights, titles and interests of such Co-Tenant. Notwithstanding anything to the contrary in this Section 14.1.2. SRP may not transfer, convey, mortgage, encumber or hypothecate the United States Interest without the prior written instruction ofthe United States.
Mortgage Rights. No amendment to this Section shall affect the rights of the holder of any such mortgage recorded prior to the recordation of such amendment who does not join in the execution thereof;
Mortgage Rights. This Agreement shall not prevent Developer from encumbering the Property or improvements thereon with any security interest. Developer has the express right to grant a security interest in this Agreement or any part hereof and to assign this Agreement as collateral security.
