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Agenda Packets - 1998/12/28
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Agenda Packets - 1998/12/28
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1/28/2025 4:51:49 PM
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
12/28/1998
Supplemental fields
City Council Document Type
City Council Packets
Date
12/28/1998
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14.1 ESTOPPEL CERTIFICATE. Within ten(10) days after the request by Landlord, <br /> Tenant shall deliver to Landlord a written and acknowledged statement certifying that Landlord <br /> has completed construction of the Demised Premises,that Tenant has accepted possession of the <br /> Demised Premises,that this Leases is unmodified and in full force and effect(or if there have <br /> been modifications,that the same is in full force and effect as modified and stating the <br /> modifications), the commencement date and termination date of the Lease, that Landlord is not in <br /> default under the Lease (or, if there is a default, stating specifically the default) and the dates to <br /> which the "minimum rent"and other charges have been paid in advance, if any, it being intended <br /> that any such statement delivered pursuant to this Article may be relied upon by any prospective <br /> purchaser or mortgagee of the fee of the Demised Premises. <br /> 14.2 ATTORNMENT. Upon request of Landlord, Tenant shall in the event any <br /> proceedings are brought for the foreclosure of or in the event of exercise of the power of sale <br /> under any mortgage made by Lessor covering the Demised Premises, attorn to the purchaser <br /> upon any foreclosure or sale and recognize such purchaser as Landlord under this Lease. <br /> 14.3 ATTORNEY-IN-FACT. Tenant, upon request of any party in interest, shall <br /> execute promptly such instruments or certificates to carry out the intent of sections 14.1 and 14.2 <br /> above. Tenant hereby irrevocably appoints Landlord as attorney in fact for Tenant with full <br /> power and authority to execute and deliver in the name of Tenant nay such instruments or <br /> certificates. <br /> 14.4 SUBORDINATION. Upon request of landlord, Tenant shall, in writing, <br /> subordinate its right hereunder to any ground leases of to the lieu of any mortgage or mortgages, <br /> or the lien, resulting from any other method of financing or refinancing, now or hereafter in force <br /> against the land and/or buildings of which the Demised Premises are a part or against any <br /> buildings hereafter placed upon the land of which the Demised Premises are parts, and to all <br /> advances made or hereafter to be made upon the security thereof,provided Tenant is granted <br /> non-disturbance rights. <br /> 14.5 RECORDATION. This Lease shall not be recorded without the prior consent of <br /> Landlord. Upon the request of the Landlord, Tenant shall execute a short form of this Lease <br /> which may be recorded in Landlord's sole discretion. <br /> 14.6 NOTICE TO MORTGAGEE. After receiving written notice from any person, <br /> firm or other entity that it holds a mortgage (which term shall included a deed of trust)which <br /> includes as part of the mortgaged property the Demised Premises, Tenant shall so long as such <br /> mortgage is outstanding be required to give to such holder a duplicate notice of any notice <br /> required to be given to Landlord by this Lease. It is further agreed that such holder shall have the <br /> same opportunity to cure any default, and the same time within which to effect such curing, as is <br /> avoidable to Landlord; and if necessary to cure such a default, such holder shall have access to <br /> the Demised Premises. <br /> Page 13 DRAFT-- 12/15/98--CHS Lease agreement <br />
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