In most states, taking an interest in a leasehold agreement is the equivalent of taking an interest in the real property. Are you not getting title insurance and is the mortgage not filed in the real property records?
An HVCRE ADC loan includes a credit facility that: is secured by real property; primarily finances, has financed, or refinances acquisition, development, or construction of real property; has the purpose of providing financing to acquire, develop, or improve such real property into income-producing property; and is dependent on future income or sales proceeds from, or refinancing of, such real property for repayment.
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