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T.D. BICKHAM CORP. v. HEBERT

No. 82-C-1541.

432 So.2d 228 (1983)

T.D. BICKHAM CORPORATION v. Dr. Ronald HEBERT and Alpha Partnership d/b/a Elk Place Dental Center.

Supreme Court of Louisiana.

April 19, 1983.

Attorney(s) appearing for the Case

B. Franklin Martin, III, Elwood R. Cahill, Jr., McGlinchey, Stafford & Mintz, New Orleans, for applicant.

John J. Fenerty, III, New Orleans, for respondent.

LEMMON, Justice.

The primary issue in this case is the validity of a provision in a lease contract which subordinates the lease to an unspecified future mortgage.

Defendant, a dentist, leased Suite 1717 in Elk Place Medical Plaza (EPMP) on September 1, 1976. The recorded lease provided for a ten-year primary term, with two five-year options, and a monthly rental of $3,448. The lease also contained a subordination clause, which provided:

"This lease...

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