Lessee Estoppel Certificate
[Water Rights]
Date:
Lease
Date:
Lessor:
Lessee:
Water Rights:
Amendments:
Addressee:
Lessee certifies to Addressee that—
1.Lessee has accepted and is in possession of the Water Rights.
2.All requirements under the Lease required to be performed through the date of this certificate have been completed to the satisfaction of Lessee.
3.Neither Lessor nor Lessee is in default in the performance of the Lease.
4.The current rent is [amount] dollars ($[amount]) per [term] payable [describe due date, e.g., on the first of the month], and has been paid through [date]. The next payment is due on [date]. No rent under the Lease has been paid more than thirty days in advance of its due date.
5.The Lease term ends on [date], and Lessee has no right or option to purchase all or any part of the Water Rights.
6.Lessee has not paid a security or other deposit with respect to the Lease except as follows: [describe].
7.Lessee has not given Lessor written notice of any dispute between Lessor and Lessee, and Lessee has no knowledge of any event that, with the giving of notice, the passage of time, or both, would constitute a default by Lessor under the Lease.
8.Lessee has not assigned the Lease in whole or in part.
9.The Lease is valid, enforceable, and unmodified except for the Amendments.
10.Lessee understands that Addressee is relying on the representations in this certificate.
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Include the following if applicable. |
11.Lessee will give Addressee written notice of any default by Lessor under the Lease that would entitle Lessee to terminate the Lease and sixty days in which to cure the default before taking action to terminate the Lease.
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Include the following if applicable. |
12.Lessee has notice that Lessor’s interest in the Lease, the rents, and all other sums due in connection with the Lease have been or will be assigned to Addressee as security for a loan. The loan documents authorize Addressee to obtain rents directly from Lessee if Lessor defaults on the loan, and Lessee agrees that it will pay the rent directly to Addressee on receipt of a written request by Addressee.
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Include the following if applicable. |
13.In the event that Addressee succeeds to the interest of Lessor or any successor to Lessor, then Lessee hereby agrees to attorn to and accept Addressee and to recognize Addressee as its Lessor under the Lease for the remaining term and at Lessor’s request will sign and deliver an attornment agreement to Lessor.
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Continue with the following. |
[Name of lessee]
By