Common use of CONDITIONS TO GRANT Clause in Contracts

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee for and on behalf of Lender and to the use and benefit of Lender and Trustee for their successors and assigns, forever; IN TRUST, WITH POWER OF SALE, to secure payment to Lender of the Debt at the time and in the manner provided for its payment in the Loan Agreement, the Note and in this Deed of Trust. PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Deed of Trust, shall well and truly perform the Other Obligations as set forth in this Deed of Trust and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void; provided, however, that Borrower's obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.

Appears in 5 contracts

Sources: Deed of Trust and Security Agreement (Behringer Harvard Reit I Inc), Deed of Trust and Security Agreement (Behringer Harvard Reit I Inc), Deed of Trust and Security Agreement (Behringer Harvard Reit I Inc)

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee for Lender, and on behalf of Lender and to the use and benefit of Lender and Trustee for their its successors and assigns, forever; IN TRUST, WITH THE POWER OF SALE, to secure payment to Lender of the Debt at the time and in the manner provided for its payment in the Note, the Loan Agreement, the Note and in this Deed of Trust. Mortgage; PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Deed of TrustMortgage, shall well and truly perform the Other Obligations as set forth in this Deed of Trust Mortgage and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be voidvoid and Lender shall promptly thereafter ▇▇▇▇ the Note “paid in full” and will, at Borrower’s sole cost and expense, release the lien of this Mortgage (and Lender agrees to make reasonable efforts to do so within thirty days following the satisfaction of the conditions herein set forth and Borrower’s written request thereafter to provide such release); provided, however, that Borrower's ’s obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.

Appears in 4 contracts

Sources: Mortgage, Assignment of Rents, Security Agreement and Fixture Filing (Inland American Real Estate Trust, Inc.), Mortgage, Assignment of Rents, Security Agreement and Fixture Filing (Inland American Real Estate Trust, Inc.), Mortgage, Assignment of Rents, Security Agreement and Fixture Filing (Inland American Real Estate Trust, Inc.)

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee for and on behalf of Lender and to the use and benefit of Lender and Trustee for their its successors and assigns, forever; IN TRUST, WITH POWER OF SALE, to secure payment to Lender of the Debt at the time and in the manner provided for its payment in the Loan Agreement, the Note and in this Deed of Trust. PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower Borrowers shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Deed of TrustMortgage, if Borrowers shall well and truly perform the Other Obligations as set forth in this Deed of Trust Mortgage and if Borrowers shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be voidvoid and Lender shall ▇▇▇▇ the Note “paid in full” and will, at Borrower’s sole cost and expense, release the lien of this Mortgage; provided, however, that Borrower's ’s obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.

Appears in 3 contracts

Sources: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Inland Real Estate Income Trust, Inc.), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Inland Real Estate Income Trust, Inc.), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Inland Real Estate Income Trust, Inc.)

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee for and on behalf of Lender and to the use and benefit of Lender and Trustee for their its successors and assigns, forever; IN TRUST, WITH POWER OF SALE, to secure payment to Lender of the Debt at the time and in the manner provided for its payment in the Loan Agreement, the Note and in this Deed of Trust. PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Deed of TrustMortgage, shall well and truly perform the Other Obligations as set forth in this Deed of Trust Mortgage and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be voidvoid and Lender shall ▇▇▇▇ the Note "paid in full" and will, at Borrower's sole cost and expense, release the lien of this Mortgage; provided, however, that Borrower's obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.

Appears in 2 contracts

Sources: Mortgage and Security Agreement (Inland Western Retail Real Estate Trust Inc), Open End Mortgage and Security Agreement (Inland Western Retail Real Estate Trust Inc)

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee for and on behalf of Lender and to the use and benefit of Lender Trustee and Trustee for their its successors and assigns, forever; IN TRUST, WITH POWER OF SALE, to secure payment to Lender of the Debt Obligations at the time and in the manner provided for its payment in the Loan Agreement, the Note and in this Deed of Trust. PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender and perform the Debt Obligations (including the payment of the Debt) at the time and in the manner provided in this Deed of Trust, the Note, the Loan Agreement and this Deed of Trustthe other Loan Documents, shall well and truly perform the Other Obligations as set forth in this Deed of Trust and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void; : provided, however, that Borrower's obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.

Appears in 2 contracts

Sources: Deed of Trust, Assignment of Leases and Rents and Security Agreement (Lodging Fund REIT III, Inc.), Deed of Trust, Assignment of Leases and Rents and Security Agreement (Lodging Fund REIT III, Inc.)

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee for and on behalf of Lender and to the use and benefit of Lender and Trustee for their its successors and assigns, forever; IN TRUST, WITH POWER OF SALE, to secure payment to Lender of the Debt at the time and in the manner provided for its payment in the Loan Agreement, the Note and in this Deed of Trust. PROVIDED, HOWEVER, these presents are made upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Deed of TrustMortgage, and Borrower, Other Borrowers and Operator shall well and truly perform the Other Obligations (as herein defined) as set forth in this Deed of Trust Mortgage and the other Loan Documents, and if each Mortgagor shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void; provided, however, that Borrower's Mortgagor’s obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release, except as set forth in the last sentence of Section 10.5.

Appears in 1 contract

Sources: Fee and Leasehold Mortgage, Assignment of Leases and Rents, Fixture Filing and Security Agreement (BRE Select Hotels Corp)

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property, including but not limited to, Operator's leasehold interest in the Property unto Trustee for and on behalf of Lender and to the use and benefit of Lender Trustee and Trustee for their its successors and assigns, forever; IN TRUST, WITH POWER OF SALESALE AND RIGHT OF ENTRY AND POSSESSION, to secure payment to Lender of the Debt Obligations at the time and in the manner provided for its payment in the Loan Agreement, the Note and in this Deed of Trust. Security Instrument; PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower the Borrowers and the Other Borrowers shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Deed of TrustSecurity Instrument, shall well and truly perform the Other Obligations as set forth in this Deed of Trust Security Instrument and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void; provided, however, that each Borrower's obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.

Appears in 1 contract

Sources: Deed of Trust and Security Agreement (Ventas Inc)

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee Trustee, as trustee for and on behalf of Lender and to the use and benefit of Lender Lender, and Trustee for their its successors and assigns, forever; IN TRUST, WITH THE POWER OF SALE, to secure payment to Lender of the Debt at the time and in the manner provided for its payment in the Note, the Loan Agreement, the Note and in this Deed of Trust. Mortgage; PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Deed of TrustMortgage, shall well and truly perform the Other Obligations as set forth in this Deed of Trust Mortgage and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be voidvoid and Lender shall promptly thereafter ▇▇▇▇ the Note “paid in full” and will, at Borrower’s sole cost and expense, release the lien of this Mortgage (and Lender agrees to make reasonable efforts to do so within thirty days following the satisfaction of the conditions herein set forth and Borrower’s written request thereafter to provide such release); provided, however, that Borrower's ’s obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.

Appears in 1 contract

Sources: Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing (Inland American Real Estate Trust, Inc.)

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee for and on behalf of Lender and to the use and benefit of Lender and Trustee for their its successors and assigns, forever; IN TRUST, WITH POWER OF SALE, to secure payment to Lender for the unexpired term or extended term of the Debt at the time and in the manner provided for its payment in the Loan AgreementLease (or if Borrower shall acquire fee simple title, the Note and in this Deed of Trust. then, forever); PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Deed of TrustMortgage, shall well and truly perform the Other Obligations as set forth in this Deed of Trust Mortgage and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void; provided, however, that Borrower's ▇▇▇▇▇▇▇▇’s obligation to indemnify and hold harmless Lender pursuant to the provisions hereof and the other Loan Documents and any provision which by its terms expressly survives prepayment or release shall survive any such payment or release.

Appears in 1 contract

Sources: Leasehold Mortgage, Assignment of Leases and Rents, Security Agreement and Financing Statement as Fixture Filing (TNP Strategic Retail Trust, Inc.)

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee for and on behalf of Lender and to the use and benefit of Lender Trustee and Trustee for their its successors and assigns, forever; IN TRUST, WITH POWER OF SALE, to secure Borrower's performance of the Obligations, including the payment to Lender of the Debt Debt, at the time and in the manner provided for its payment in the Note, in the Loan Agreement, the Note Agreement and in this Deed of Trust. PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender and perform the Debt Obligations (including the payment of the Debt) at the time and in the manner provided in this Deed of Trust, the Note, the Loan Agreement and this Deed of Trustthe other Loan Documents, shall well and truly perform the Other Obligations as set forth in this Deed of Trust and shall well and truly abide by and comply in all material respects with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void; providedPROVIDED, howeverHOWEVER, that Borrower's obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.

Appears in 1 contract

Sources: Deed of Trust, Assignment of Leases and Rents and Security Agreement (Horizon Group Properties Inc)

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee for and on behalf of Lender and to the use and benefit of Lender and Trustee for their its successors and assigns, forever; IN TRUST, WITH POWER OF SALE, to secure payment to Lender of the Debt at the time and in the manner provided for its payment in the Loan Agreement, the Note and in this Deed of Trust. PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Deed of TrustMortgage, shall well and truly perform the Other Obligations as set forth in this Deed of Trust Mortgage and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be voidvoid and Lender shall ▇▇▇▇ the Note “paid in full” and will, at Borrower’s sole cost and expense, release the lien of this Mortgage; provided, however, that Borrower's ’s obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.

Appears in 1 contract

Sources: Mortgage, Assignment of Leases and Rents and Security Agreement (Inland American Real Estate Trust, Inc.)

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee for and on behalf of Lender and to the use and benefit of Lender Agent, for the ratable benefit of Lender, and Trustee for their its successors and assigns, forever, subject to the Permitted Encumbrances; IN TRUST, WITH POWER OF SALE, to secure Borrower’s payment to Lender of the Debt and performance of the Other Obligations at the time and in the manner provided for its payment in the Note, the Loan Agreement, this Security Instrument and the Note and in this Deed of Trust. other Loan Documents; PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly (a) pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement Agreement, this Security Instrument and this Deed of Trust, shall well the other Loan Documents and truly (b) perform the Other Obligations as set forth in this Deed of Trust and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement Agreement, this Security Instrument and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void; provided, however, that Borrower's ’s obligation to indemnify and hold harmless Agent and Lender pursuant to the provisions hereof which are expressly stated in the Loan Documents to survive repayment of the Debt shall survive any such payment or release, as expressly provided therein.

Appears in 1 contract

Sources: Senior Loan Mortgage (KBS Strategic Opportunity REIT, Inc.)

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the Ground Lease and the renewals therein provided for, and the above granted and described Property unto Trustee Trustee, as trustee for and on behalf the benefit of Lender Lender, and to the use and benefit of Lender and Trustee for their its successors in trust and assigns, foreverfor and during the rest, residue and remainder of the term of years yet to come and unexpired in the Ground Lease and the renewals therein provided for subject, nevertheless, to the rents, covenants, conditions and provisions of the Ground Lease; IN TRUST, WITH THE POWER OF SALE, to secure payment to Lender of the Debt at the time and in the manner provided for its payment in the Loan Agreement, the Note and in this Deed of Trust. Security Instrument; PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement Note and this Deed of TrustSecurity Instrument, shall well and truly perform the Other Obligations as set forth in this Deed of Trust Security Instrument and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void; provided, however, that Borrower's obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.

Appears in 1 contract

Sources: Mortgage and Security Agreement (Entertainment Properties Trust)

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee for and on behalf of Lender and to the use and benefit of Lender and Trustee for their its successors and assigns, forever; IN TRUST, WITH POWER OF SALE, to secure payment to Lender of the Debt at the time and in the manner provided for its payment in the Note, the Loan Agreement, the Note and in this Deed of Trust. Mortgage; PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Deed of TrustMortgage, shall well and truly perform the Other Obligations as set forth in this Deed of Trust Mortgage and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be voidvoid and Lender shall ▇▇▇▇ the Note “paid in full” and will, at Borrower’s sole cost and expense, release the lien of this Mortgage; provided, however, that Borrower's ’s obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.

Appears in 1 contract

Sources: Mortgage, Security Agreement and Fixture Filing (Inland American Real Estate Trust, Inc.)

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property, including, but not limited to, Operator's leasehold interest in the Property unto Trustee for and on behalf of Lender and to the use and benefit of Lender and Trustee for their its successors and assigns, forever; IN TRUST, WITH POWER OF SALE, to secure payment to Lender of the Debt Obligations at the time and in the manner provided for its payment in the Loan Agreement, the Note and in this Deed of Trust. Security Instrument; PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower the Borrowers and the Other Borrowers shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Deed of TrustSecurity Instrument, shall well and truly perform the Other Obligations as set forth in this Deed of Trust Security Instrument and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void; provided, however, that each Borrower's obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.

Appears in 1 contract

Sources: Open End Fee and Leasehold Mortgage and Security Agreement (Ventas Inc)

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property and TO WARRANT AND DEFEND the title to the Property unto the Trustee for and on behalf of Lender and to his or her successors and assigns for the use and benefit of Lender and Trustee for their its successors and assigns, forever; IN TRUST, TRUST WITH POWER OF SALE, to secure the payment to Lender of the Debt at the time and in the manner provided for its payment in the Loan AgreementNote, the Note Loan Agreement and in this Deed of Trust. Security Instrument; PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Deed of TrustSecurity Instrument, shall well and truly perform the Other Obligations (hereafter defined) as set forth in this Deed of Trust Security Instrument and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void; provided, however, that Borrower's ’s obligation to indemnify and hold harmless Lender and Trustee pursuant to the provisions hereof shall survive any such payment or release.

Appears in 1 contract

Sources: Deed of Trust and Security Agreement (Maguire Properties Inc)

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee Trustee, as trustee for and on behalf the benefit of Lender Lender, and to the use and benefit of Lender and Trustee for their its successors in trust and assigns, forever; IN TRUST, WITH THE POWER OF SALE, to secure payment to Lender of the Debt at the time and in the manner provided for its payment in the Note, the Loan Agreement, the Note and in this Deed of Trust. Mortgage; PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Deed of TrustMortgage, shall well and truly perform the Other Obligations as set forth in this Deed of Trust Mortgage and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be voidvoid and Lender shall ▇▇▇▇ the Note "paid in full" and will, at Borrower's sole cost and expense, release the lien of this Mortgage; provided, however, that Borrower's obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.

Appears in 1 contract

Sources: Deed of Trust, Security Agreement and Fixture Filing (Inland Western Retail Real Estate Trust Inc)

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee Trustee, as trustee for and on behalf the benefit of Lender Lender, to its successors in the trust created by this Security Instrument and to the use and benefit of Lender and Trustee for its or their successors and respective assigns, forever, in trust, upon the terms and conditions set forth herein; IN TRUST, WITH POWER OF SALE, to secure payment to Lender of the Debt at the time and in the manner provided for its payment in the Loan Agreement, the Note and in this Deed of Trust. Security Instrument, PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Deed of TrustSecurity Instrument, shall well and truly perform the Other Obligations as set forth in this Deed of Trust Security Instrument and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void; provided, however, that Borrower's obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.

Appears in 1 contract

Sources: Deed of Trust and Security Agreement (Glimcher Realty Trust)

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee for and on behalf of Lender and to the use and benefit of Lender Trustee and Trustee for their its successors and assigns, forever; IN TRUST, WITH POWER OF SALE, to secure Borrower's performance of the Obligations, including the payment to Lender of the Debt Debt, at the time and in the manner provided for its payment in the Guaranty, the Affiliate Notes, the Loan Agreement, the Note and in this Deed of TrustTrust and the other Affiliate Loan Documents. PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender and perform the Debt Obligations (including the payment of the Debt) at the time and in the manner provided in this Deed of Trust, the NoteGuaranty, the Affiliate Notes, the Loan Agreement and this Deed of Trustthe other Affiliate Loan Documents, shall well and truly perform the Other Obligations as set forth in this Deed of Trust and shall well and truly abide by and comply in all material respects with each and every covenant and condition set forth herein and in the NoteGuaranty, the Affiliate Notes, the Loan Agreement and the other Affiliate Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void; providedPROVIDED, howeverHOWEVER, that Borrower's obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.

Appears in 1 contract

Sources: Guarantor Deed of Trust, Assignment of Leases and Rents, Security Agreement and Guaranty (Horizon Group Properties Inc)

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee for and on behalf of Lender and to the use and benefit of Lender and Trustee for their its successors and assigns, forever; IN TRUST, WITH POWER OF SALE, to secure payment to Lender of the Debt at the time and in the manner provided for its payment in the Loan Agreement, the Note and in this Deed of Trust. PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Deed of TrustMortgage, if Borrower shall well and truly perform the Other Obligations as set forth in this Deed of Trust Mortgage and if Borrower shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be voidvoid and Lender shall ▇▇▇▇ the Note “paid in full” and will, at Borrower’s sole cost and expense, release the lien of this Mortgage; provided, however, that Borrower's ’s obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.

Appears in 1 contract

Sources: Mortgage, Assignment of Leases and Rents and Security Agreement (Inland Diversified Real Estate Trust, Inc.)

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee for and on behalf of Lender and to the use and benefit of Lender Trustee and Trustee for their its successors and assigns, forever; IN TRUST, WITH POWER OF SALESALE AND RIGHT OF ENTRY AND POSSESSION, to secure payment to Lender of the Debt Obligations at the time and in the manner provided for its payment in the Loan Agreement, the Note and in this Deed of Trust. PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower Grantor shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Deed of Trust, shall well and truly perform the Other Obligations as set forth in this Deed of Trust and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void; provided, however, that Borrower's Grantor’s obligation to indemnify and hold harmless Lender pursuant to the provisions hereof and the other Loan Documents and any provision which by terms expressly survives prepayment or release shall survive any such payment or release.

Appears in 1 contract

Sources: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Moody National REIT I, Inc.)

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee for and on behalf of Lender Agent and to the use and benefit of Lender Agent and Trustee for their successors and assigns, forever; IN TRUST, WITH POWER OF SALE, to secure payment to Lender Agent of the Debt Secured Obligations at the time and in the manner provided for its payment thereof in the Loan Agreement, the Note Credit Agreement and in this Deed of TrustTrust and to secure performance of the Secured Obligations. PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower Borrowers shall well and truly pay to Lender Agent the Debt Secured Obligations at the time and in the manner provided in the Note, the Loan Credit Agreement and this Deed of Trust, shall well and truly perform the Other Secured Obligations as set forth in this Deed of Trust and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Credit Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void; provided, however, that Borrower's Grantor’s obligation to indemnify and hold harmless Lender Agent and the Secured Parties pursuant to the provisions hereof shall survive any such payment or release.

Appears in 1 contract

Sources: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Dixie Group Inc)