Ground Lease means a lease creating a leasehold estate in real property where the fee owner as the ground lessor conveys for a term or terms of years its entire interest in the land and buildings and other improvements, if any, comprising the premises demised under such lease to the ground lessee (who may, in certain circumstances, own the building and improvements on the land), subject to the reversionary interest of the ground lessor as fee owner. With respect to any Mortgage Loan where the Mortgage Loan is secured by a Ground Leasehold estate in whole or in part, and the related Mortgage does not also encumber the related lessor’s fee interest in such Mortgaged Property, based upon the terms of the Ground Lease and any estoppel or other agreement received from the ground lessor in favor of Mortgage Loan Seller, its successors and assigns (collectively, the “Ground Lease and Related Documents”), Mortgage Loan Seller represents and warrants that:
Parcel 2 COMMON AREA APPURTENANT TO EACH COMMERCIAL UNIT APPURTENANT TO EACH COMMERCIAL UNIT, AN UNDIVIDED 1/185th FEE SIMPLE INTEREST IN AND TO THE PHASE ONE PROPERTY LESS AND EXCEPT THE UNITS SHOWN ON THE PHASE ONE PLAN, ALSO DESCRIBED AS THE PORTION OF THE “COMMON AREA” (AS THAT TERM IS DEFINED IN THE DECLARATION) LOCATED WITHIN THE PHASE ONE PROPERTY; TOGETHER WITH PARCEL 3: EXCLUSIVE USE COMMON AREAS AN EXCLUSIVE RIGHT FOR USE, POSSESSION AND ENJOYMENT APPURTENANT TO COMMERCIAL UNIT C1, FOR USE FOR BALCONY OR PATIO PURPOSES OVER PORTIONS OF THE COMMON AREA, DEPICTED AND ASSIGNED ON THE PHASE ONE PLAN AS “B-C1”. TOGETHER WITH PARCEL 4: NONEXCLUSIVE EASEMENTS NONEXCLUSIVE EASEMENTS ON, OVER, ACROSS AND THROUGH THE COMMON AREA FOR ACCESS, INGRESS, EGRESS, ENJOYMENT, DRAINAGE, ENCROACHMENT, SUPPORT, MAINTENANCE, INSPECTION, REPAIR AND FOR OTHER PURPOSES, AS MAY BE SHOWN ON THE PHASE ONE PLAN, AND AS DESCRIBED IN THE DECLARATION PARCEL B (COMPRISING PARCEL 1, PARCEL 2, AND PARCEL 3,) PARCEL 1; COMMERCIAL UNIT C2, AS SHOWN AND DESCRIBED IN (A) THE CONDOMINIUM PLAN RECORDED ON SEPTEMBER 20, 2001 IN BOOK 2 OF CONDOMINIUM PLANS AT PAGE 36, IN THE OFFICIAL RECORDS OF MONO COUNTY, CALIFORNIA (THE “OFFICIAL RECORDS), AS AMENDED BY CORRECTION TO RECORDING REFERENCES RECORDED ON NOVEMBER 20, 2001 AS DOCUMENT NO. 2001008410 IN THE OFFICIAL RECORDS AND AMENDMENT TO CONDOMINIUM PLAN RECORDED IN BOOK 2 PAGES 39 THROUGH 39M OF CONDOMINIUM PLANS IN THE OFFICIAL RECORDS (COLLECTIVELY, THE “PHASE ONE PLAN”) AND (B) THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE VILLAGE AT MAMMOTH PHASE I (WHITE MOUNTAIN LODGE AND LINCOLN HOUSE) RECORDED AS DOCUMENT NO. 2001006657, IN THE OFFICIAL RECORDS AS AMENDED BY FIRST AMENDMENT RECORDED AS DOCUMENT NO. 2001008411 IN THE OFFICIAL RECORDS AND SECOND AMENDMENT RECORDED AS DOCUMENT NO. 2003001363 IN THE OFFICIAL RECORDS (COLLECTIVELY, THE “DECLARATION”) SAID UNIT BEING SITUATED WITHIN THAT PORTION OF THE CONDOMINIUM AIR SPACE ENVELOPE DESCRIBED BY THE PHASE ONE PLAN (THE “PHASE ONE PROPERTY”) AND LOCATED ON A PORTION OF LOT 1 OF TRACT 36-193a, PER MAP RECORDED IN BOOK 10, OF TRACT MAPS, AT PAGE 60, IN THE OFFICIAL RECORDS OF MONO COUNTY, CALIFORNIA; TOGETHER WITH