Common use of No Merger of Fee and Leasehold Estates Clause in Contracts

No Merger of Fee and Leasehold Estates. RELEASES. So long as any portion of the Debt shall remain unpaid, unless Lender shall otherwise consent, the fee title to the Land and the leasehold estate therein created under the Operating Lease shall not merge but shall always be kept separate and distinct, notwithstanding the union of such estates in Operating Lessee, the lessor thereunder, or in any other Person by purchase, operation of law or otherwise. Lender reserves the right, at any time, to release portions of the Property, including, but not limited to, the leasehold estate created by the Operating Lease, with or without consideration, at Lender's election, without waiving or affecting any of its rights hereunder or under the Note or the other Loan Documents and any such release shall not affect Lender's rights in connection with the portion of the Property not so released.

Appears in 2 contracts

Samples: Deed of Trust and Security Agreement (Felcor Lodging Trust Inc), Mortgage and Security Agreement (Felcor Lodging Trust Inc)

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No Merger of Fee and Leasehold Estates. RELEASESReleases. So long as any portion of the Debt shall remain unpaid, unless Lender shall otherwise consent, the fee title to the Land Property and the leasehold estate therein created under pursuant to the Operating provisions of the Ground Lease shall not merge but shall always be kept separate and distinct, notwithstanding the union of such estates in Operating LesseeBorrower, the lessor thereunderLender, or in any other Person person by purchase, operation of law or otherwise. Lender reserves the right, at any time, to release portions of the Property, including, but not limited to, the leasehold estate created by the Operating Ground Lease, with or without consideration, at Lender's election, without waiving or affecting any of its rights hereunder or under the Note or the other Loan Other Security Documents and any such release shall not affect Lender's rights in connection with the portion of the Property not so released.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Alexanders Inc)

No Merger of Fee and Leasehold Estates. RELEASES. So long as any portion of the Debt shall remain unpaid, unless Lender shall otherwise consent, the fee title to the Land and the leasehold estate therein created under the Operating Lease Leasehold Estate shall not merge but shall always be kept separate and distinct, notwithstanding the union of such estates in Operating LesseeBorrower, the lessor thereunderFee Owner, or in any other Person by purchase, operation of law or otherwise. Lender reserves the right, at any time, to release portions of the Property, including, but not limited to, the leasehold estate created by the Operating LeaseLeasehold Estate, with or without consideration, at Lender's ’s election, without waiving or affecting any of its rights hereunder or under the Note or the other Loan Documents and any such release shall not affect Lender's ’s rights in connection with the portion of the Property not so released.

Appears in 1 contract

Samples: Leasehold Mortgage, Assignment of Leases and Rents and Security Agreement (KBS Real Estate Investment Trust, Inc.)

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No Merger of Fee and Leasehold Estates. RELEASESReleases. So long as any portion of the Debt shall remain unpaid, unless Lender shall otherwise consent, the fee title to the Land Lease Property and the leasehold estate therein created under pursuant to the Operating provisions of the Ground Lease shall not merge but shall always be kept separate and distinct, notwithstanding the union of such estates in Operating LesseeBorrower, the lessor thereunderLender, or in any other Person person by purchase, operation of law or otherwise. Lender reserves the right, at any time, to release portions of the Lease Property, including, but not limited to, the leasehold estate created by the Operating Ground Lease, with or without consideration, at Lender's election, without waiving or affecting any of its rights hereunder or under the Note or the other Loan Documents and any such release shall not affect Lender's rights in connection with the portion of the Lease Property not so released.

Appears in 1 contract

Samples: Fee and Leasehold Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Lasalle Hotel Properties)

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