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  • SECTION 10-10.3
    Power to lease in tenant for life; transfer and extinguishment
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  • PART 10
    Provisions Affecting Powers Other Than Powers of Appointment
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  • SECTION 10-10.5
    Power to sell in a mortgage
    • This entry was published on 2014-09-22
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    SECTION 10-10.4

    Power to lease in tenant for life; effect of mortgage

    Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 10, PART 10

    § 10-10.4 Power to lease in tenant for life; effect of mortgage

    (a) The power of a tenant for life to make leases is neither
    extinguished nor suspended when such tenant executes a mortgage. The
    power is bound by the mortgage in the same manner as the real property
    embraced therein, and the lien of the mortgagee on such power:

    (1) Entitles the mortgagee to an exercise of the power so far as the
    satisfaction of the debt requires; and

    (2) Causes any subsequent interest, created by the tenant for life by
    an exercise of such power, to become subject to the mortgage as if in
    terms embraced therein.