Sample DHHL Consen Consent to Mortgage

n

n
CONSENT TO MORTGAGE

The DEPARTMENT OF HAWAIIAN HOME LANDS, STATE OF HAWAII, by its Hawaiian
Homes CB~missionri••~heLessor named in that certain indenture of lease, Lease No.
dated
~? 1 .1UU1 , made by and betweenit and
, whose mailing
address at time of execution is
.as Lessee,
recorded in the office of the Department of Hawaiian Home Lands on --OEC
2 "7 2007
in
Buke
(J~O,
pages
IS'f-I-:f1, does hereby consent to the attached ~rtgage by
_
_______
, as Mortgagor, in favor of
-, as Mortgagee, upon the
following conditions: (1) this consent shall not authorize, nor be deemed to auth.orize, any further
assignment of said lease except, however, as authorized by Section 208(6), Hawaiian Homes
Commission Act of 1920, as amended, which states as follows:
Notwithstanding the provisions of paragraph (5), the lessee, with the c~nsent and
approval of the Commission, may mortgage or pledge the lessee's interest in the tract
:;; or improvements thereon to a recognized lending institution authorized to do
-.: business as a lending institution in either the State or elsewhere in the United States;
- provided the loan secured by a mortgage on the lessee's leasehold interest is insured
" or guaranteed by the Federal Housing Administration, Department of Veterans
) Affairs, or any other federal agency and their respective successors and assigns,
__ which are authorized to insure or guarantee such loans or any acceptable private
('--..: mortgage insurance as approved by the commission. The mortgagee's interest in any
such mortgage shall be freely assignable. Such mortgages, to be effective, must be
consented to and approved by the Commission and recorded with the department
and;

Jg

(2) this consent shall not be deemed nor construed to be a waiver of any term, covenant, condition or
provision of said lease, all rights of the Lessor under said lease being hereby reserved; and (3) any
conflict between the lease and mortgage, the provisions of the former shall control; and (4) all other
conditions upon which the approval of this consent was made are subject to latification by the
Hawaiian Homes Commission; provided, however, such condition would not affect the validity of
said mortgage.
IN WITNESS WHEREO~, thJSS~ TE OF HAW~, by it~ ijawaiian Homes I Commission, has
executed these presents thIS 6L7'G day of __ ~-='"--'--~-"-,

20el

THE ORIGINAL OF THE OOCUMEt-lT
RECORDED AS FOLLOWS:

STATE OF HAWAII

STATE OF HAWAII
DEPARTMENT OF HAWAlIAI'~ HO/ •..
\E LANDS
Received for record this
'2,-:t!:!! (Jf

doyof
~
ot
~.~'
Record ot Buke

on Pages __

,AD20_
:lo'ck_-=:~l_M and
~~

._J3:~._.._._.._------

APPROVED AS TO FORM

~~

Deputy ~ttorney General
State of Hawaii

_

::PJiil~AN

.

-

HOMELANDS

Chairman
Hawaiian Homes Commission
Ratified by the Hawaiian Homes
Commission on
_i,A.~ :) 9 2008