KAY, P.J.
The issue addressed in this appeal is whether a real estate lender can recover attorney's fees for prevailing in a bad faith waste action against the borrower where the loan documents provide that the borrower is liable only "if and to the extent that" it "commits ... waste." We hold that the lender is not entitled to attorney's fees under this contractual language, and therefore reverse the order awarding fees in this case.
I. BACKGROUND
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