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


Latest version.
  • (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.