Form 3a.42 - Estoppel Certificate For Shopping Center Tenant printable pdf download

FORM 3A.42 ESTOPPEL CERTIFICATE FOR SHOPPING CENTER TENANT

_____________________, 20__

[Lender]

[Lender’s Address]

Ladies and Gentlemen:

The undersigned certifies to and agrees with [Lender] and its successors and assigns (collectively, “Lender”), as of the date

hereof as follows:

It is the tenant under a lease dated ________________, ______ (the “Lease”) between _____________________,

as landlord (together with its successors and assigns, “Landlord”), and the undersigned, as tenant (“Tenant”), for

store number ________ (the “Leased Premises”) in the _____________ Center, located at ___________________,

(the “Center”). All capitalized terms not otherwise defined herein shall have the meanings provided in the Lease.

The Lease is in full force and effect. The Lease has not been amended, modified or supplemented except as

follows: ___________________________________. There are no agreements or understandings between Tenant

and Landlord with respect to the Lease, the Leased Premises or the Center which are not set forth in the Lease.

Tenant has accepted possession of and occupies the entire Leased Premises under the Lease. The term of the Lease

commenced on _________________, ____, and expires on _____________, ____, subject to the following

renewal options: ______________________________________________________________________________.

The monthly fixed, minimum or basic rent under the Lease is [Dollar Amount] ($________) and has been paid

through the month of __________________. All additional rent, percentage rent, Tenant’s proportionate share of

real estate taxes and insurance, common area maintenance charges, contributions to any merchant’s association or

promotional fund and all other sums or charges due and payable under the Lease by Tenant have been paid in full

and no such additional rents, percentage rents or other sums or charges have been paid for more than one (1)

month in advance of the due date thereof.

The amount of the security deposit is [Dollar Amount] ($____________) and is in the form of cash [list other

forms (securities, letter of credit)].

To the best of Tenant’s knowledge, both Tenant and Landlord have performed all of their respective obligations

under the Lease and Tenant has no knowledge of any event which, with the giving of notice, the passage of time

or both, would constitute a default by Landlord under the Lease.

Tenant has no claim against Landlord and no offset or defense to enforcement of any of the terms of the Lease.

All improvements required by the Lease to be completed by Landlord have been completed and there are no sums

due to Tenant from Landlord.

Tenant has not assigned the Lease and has not subleased the Leased Premises or any part thereof.

10. Tenant has no right or option pursuant to the Lease or otherwise to purchase all or any part of the Leased Premises

or the Center. Tenant does not have any right or option for additional space in the Center.

11. No voluntary actions or, to the best of Tenant’s knowledge, involuntary actions are pending against Tenant under

the bankruptcy laws of the United States or any state thereof.

12. If Lender or its designee succeeds to Landlord’s interest in the Center or if a sale by power of sale or foreclosure

occurs, Tenant shall attorn to Lender, its designee or a purchaser at such sale as its landlord.

13. Tenant has no right to terminate the Lease except, to the extent contained in the Lease, in connection with a

casualty or condemnation and except, to the extent permitted by applicable law, in connection with an actual or

constructive eviction of Tenant.

[ADD #14 AND #15 TO MAJOR LEASES IN TRANSACTION]:

14. Lender, its designee and any purchaser at a sale mentioned in paragraph 12 above will not be bound by any

material modification of the Lease including, without limitation, any reduction in rent or term, unless Lender has

consented thereto in writing.

Form 3a.42 - Estoppel Certificate For Shopping Center Tenant

Related Articles

Related forms

Related Categories