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1030 Old Crystal Bay Road North - No PID
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Ground lease/sub lease
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Last modified
8/15/2023 7:19:50 AM
Creation date
3/15/2018 2:59:28 PM
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right to lease the Leased Premises and that so long as Tenant <br /> shall perform each and every term, condition and covenant to be <br /> performed and observed by Tenant hereunder, Tenant shall have <br /> peaceful and quiet use and possession of the Leased Premises, <br /> without hindrance on the part of Lessor, and Lessor shall defend <br /> Tenant in such peaceful and quiet use and possession under <br /> Lessor. <br /> 24 .2 This Lease is subject and subordinate to the lien <br /> or priority of any mortgage, bond or other financing or <br /> development instrument or agreement (collectively for purposes of <br /> this Section, "mortgage") which may now or hereafter encumber the <br /> Premises or any development of the lands adjacent to or located <br /> within the proximity of the Premises by Lessor. In confirmation <br /> of such subordination, Tenant shall, at Lessor's request from <br /> time to time, promptly execute any certificate or other document <br /> requested by the holder of the mortgage. Tenant agrees that in <br /> the event that any proceedings are brought for the foreclosure of <br /> any mortgage, Tenant shall immediately and automatically attorn <br /> to the purchaser at such foreclosure sale, as the Lessor under <br /> this Lease, and Tenant waives the provision of any statute or <br /> rule of law, now or hereafter in effect, which may give or <br /> purport to give Tenant any right to terminate or otherwise <br /> adversely affect this Lease or the obligations of Tenant <br /> hereunder in the event that any such foreclosure proceeding is <br /> prosecuted or completed. Neither the holder of the mortgage <br /> (whether it acquires title by foreclosure or by deed in lieu <br /> thereof) nor any purchaser at foreclosure sale shall be liable <br /> for any act or omission of Lessor, subject to any offsets or <br /> defenses which Tenant might have against Lessor or bound by any <br /> prepayment by Tenant of more than one month' s installment of base <br /> rent and additional rent or by any modification of this Lease <br /> made subsequent to the granting of the mortgage. Notwithstanding <br /> anything to the contrary in this Section, so long as Tenant is <br /> not in default under this Lease, this Lease shall remain in full <br /> force and effect and the holder of the mortgage and any purchaser <br /> at foreclosure sale thereof shall not disturb Tenant' s possession <br /> hereunder. <br /> 25 . RELATIONSHIP OF THE PARTIES. Nothing contained in this <br /> Lease shall be deemed or construed by the parties hereto or by a <br /> third party to create the relationship of principal and agent or <br /> of partnership or of joint venture or of any association <br /> whatsoever between Lessor and Tenant, it being expressly <br /> understood and agreed that neither the method of computation of <br /> rent nor any other provisions contained in this Lease nor any act <br /> or acts of the parties hereto shall be deemed to create any <br /> relationship between Lessor and Tenant other than the <br /> relationship of Lessor and Tenant. <br /> 26 . SHORT FORM LEASE. Tenant shall not record this Lease <br /> or a short-form lease without the written consent of Lessor, <br /> which consent shall not be unreasonably withheld or delayed. Any <br /> fees required to be paid in order to record such short-form lease <br /> -11- <br />
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