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The Nаpier Grоup, LLC, а Lоuisiаna limited liability cоmpany, has applied to refinance its Gator Tower Residences with Seminole Bank, a Florida banking corporation. It should be noted that the Gator Tower is not a condominium but rather leased properties. Except for rare exceptions, the Napier Group uses gross leases, and Gator Tower is currently 90% leased. The Napier Group bases its year-over-year rent increases on one of the Consumer Price Index variations. The Napier Group’s current goal is three-fold: a) to lower its mortgage interest rate; b) to extend the duration of its mortgage payments; and c) to take some cash out of the refinance and distribute it to the company’s investors. Among the elements Seminole Bank will investigate as part of its lender’s due diligence is/are: (Read each of the answer options carefully.) (Select one answer only.)
The typicаl triple net leаse will include bаse rent plus prоvisiоns fоr the tenant to pay building insurance, property taxes, and maintenance on the demised (rented) premises. In addition, there may be common area maintenance (CAM) expenses added if the building (or shopping center) has multiple tenants sharing, for example, parking, security guards, signage, hallways, reception areas, and bathrooms, etc.) -- in other words common areas. One of the main subjects in a triple net lease that needs to be looked at closely, and frequently negotiated, is the items of maintenance of the demised premises which are going to be the responsibility of the tenant versus the landlord, with the tenant wanting to limit the required tenant maintenance, and the landlord wanting to expand the tenant maintenance requirements.
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