Common use of Recording; Modification Clause in Contracts

Recording; Modification. The Ground Lease has been duly recorded. The Ground Lease permits the interest of El Con Mortgage Borrower to be encumbered by a mortgage or the Ground Lessor has approved and consented to the encumbrance of the applicable Individual Property by the related Mortgage. There have not been amendments or modifications to the terms of the Ground Lease since recordation of the Ground Lease, with the exception of written amendments or modifications, copies of which have been delivered to Lender. The Ground Lease may not be terminated, surrendered or amended without the prior written consent of Lender; provided that Ground Lessor shall not be prevented from exercising its remedies in accordance with the Ground Lease if the obligations of El Con Mortgage Borrower under the Ground Lease are not performed as provided in the Ground Lease.

Recording; Modification. The Ground Lease has been duly recorded. The Ground Lease permits the interest of El Con Mortgage Borrower to be encumbered by a mortgage or the Ground Lessor has approved and consented to the encumbrance of the applicable Individual Property by the related Mortgage. There have not been amendments or modifications to the terms of the Ground Lease since recordation of the Ground Lease, with the exception of written amendments or modifications, copies of which have been delivered to Lender. The Ground Lease may not be terminated, surrendered or amended without the prior written consent of Lender; provided that Ground Lessor shall not be prevented from exercising its remedies in accordance with the Ground Lease if the obligations of El Con Mortgage Borrower under the Ground Lease are not performed as provided in the Ground Lease.