Question
The Literal Meaning of the Due on Sale Clause. (a) Would the owner of a mortgaged warehouse avoid the provisions of a due on sale
The Literal Meaning of the Due on Sale Clause. (a) Would the owner of a mortgaged warehouse avoid the provisions of a due on sale clause, read literally, by leasing the facility with an option to purchase? (b)If the owner held title to the warehouse in a limited liability company, would a due on sale clause read literally prevent the owner from selling its interest in the LLC subject to the mortgage (c) Suppose the deal sponsor holds title to LLC-1 that holds title to LLC-2 that holds title to the realty. LLC-2 is, nominally, the mortgage borrower. Would the mortgagees due on sale clause impact the sponsors right to pledge its membership interest in LLC-1 to an equity investor?
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