Caselaw

Civil Case (Tel Aviv) 848-06-23 Yaffa Feldman v. Fresh Concept – Strategies for Original Thinking Ltd. - part 3

March 19, 2026
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"Waiver of rights under the law regarding tenant protection and alternative housing

  1. The mortgagee and/or the guarantor hereby agree and declare, expressly and irrevocably, that in the event of the realization of the rights of the borrower under this mortgage deed, including its special terms or under any law, they will be responsible for the immediate evacuation of the mortgaged properties and their delivery to the ... The mortgagee and/or the guarantor also undertakes that they will not claim against the borrower that any person, including the mortgagee and/or the guarantor or anyone acting on their behalf or their replacements, has a right to the mortgaged properties, including the right to use or possession of the mortgaged properties, whether as a protected tenant or as a holder of a right to temporary housing or otherwise.

The mortgagee and/or the guarantor hereby agree and declare that they will not be protected and that anyone who lives with them and/or holds on their behalf or as their substitutes the mortgaged properties, in whole or in part, in one or more of the protections granted by the law, and inter alia, will not be protected by the protections granted to them under the laws detailed below and/or any other law that will come to amend them and/or replace them and/or according to any other law that allows for the stipulation of the provisions of the aforementioned laws or the provisions of the Any other law that may be found in their place or in addition to them:

The mortgagee and/or the guarantor hereby expressly and irrevocably waive any protection whatsoever under Section 33 of the Tenant Protection Law (Consolidated Version), 5732-1972, which states, inter alia, that the owner of the mortgaged properties or their lessee for generations who held the mortgaged properties, and his right expired due to their sale in execution of a judgment or mortgage or bankruptcy...  will become a tenant of the new owner or lessee for the new generations of the mortgaged properties.

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