1. You are the Lender for a Loan that while performing to date has a Major Lease up for renewal in two (2) years, with five (5) years remaining on the Loan Term. The Tenant has recently signed a long term lease at a nearby building set to become effective in approximately one (1) year. The Loan currently has a Debt Service Coverage Ratio (DSCR) of 1.80:1, however, this tenant occupies half of the building and the Debt Service will drop to 0.70:1, if they vacate. The loan currently has a Soft Lockbox with Springing Cash Management if the DSCR drops below 1.20:1. Discuss strategies for a resolution.
- You are the operator of a drug store, Fencegreen's, and negotiating a new lease in a Shopping Center, draft a clause that would address the Tenant's concern about the possibility of the Landlord leasing another premises in the center to a competitor. Explain.
- You are the Purchaser of a Commercial Office Building. See the below clause from a Purchase and Sale Agreement. Please provide comments and an explanation.
- Purchase and Sale. Seller agrees to sell to Purchaser and Purchaser agrees to purchase from Seller that certain parcel of real property (the "Realty"), more particularly described on Exhibit A attached hereto, in Dade County, Florida, together with the following property and rights owned by Seller:
(a) All easements, privileges, rights-of-way, lands underlying any adjacent public streets or roads to the center lines thereof, and all appurtenances, including riparian, littoral and mineral rights, pertaining to or accruing to the benefit of the Realty;
(b) All buildings and other improvements and fixtures on the Realty; and
(c) All contract rights, leases, and other general intangible rights pertaining to the ownership and/or operation of the Realty.
The Realty and all of the other property and rights described in this Paragraph 1 are hereinafter collectively referred to as the "Property".
4. You are purchasing a property and the seller offers you a Deed with the following language. What type of Deed is it? Would you object? Please explain.
WITNESSETH, that the party of the first part, in consideration of ten dollars ($10.00) and other good and valuable consideration, paid by the party of the second part, does hereby remise, release, and quitclaim unto the party of the second part, the heirs, successors, and assigns of the party of the second part forever.
5. You are an investor at a debt fund seeking higher leverage returns. You are interested in making a loan with a leverage point of between 65% and 75% LTV of the capital stack. You can structure the investment as you choose, subject to documenting it with the senior lender, who intends to securitize the loan. Your primary concern is ease of foreclosure and ability to cure both monetary and non-monetary defaults under the senior loan. Describe the structure of the investment and why you chose the form you did.