Leasehold Mortgagee Protection Clauses
(Ground Lease)

Summary

These leasehold mortgagee protection clauses are typically included in a ground lease to facilitate the tenant's ability to obtain leasehold mortgage financing. These clauses were drafted from the perspective of the leasehold mortgagee and the drafting notes include tips for negotiating on behalf of the tenant. The capitalized terms used in these clauses should be conformed to the defined terms in the relevant ground lease. These clauses include practical guidance, drafting notes, and an alternate clause. For more on ground leases, see Ground Leasing. For a leasehold mortgage template, see [Leasehold] Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Acquisition Loan). For a loan agreement template, see Loan Agreement (Acquisition Financing).