Common use of Further Acts, etc Clause in Contracts

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. Mortgagor, on demand, will execute and deliver and, Mortgagor hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the rights provided for in Section 19 and this Section 20.

Appears in 13 contracts

Sources: Mortgage, Assignment of Leases and Rents, Security Agreement (Discovery Zone Inc), Open End Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Discovery Zone Inc), Mortgage (Discovery Zone Inc)

Further Acts, etc. Mortgagor Grantor will, at the cost of MortgagorGrantor, and without expense to MortgageeBeneficiary, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, deeds of trust, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee Beneficiary shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Beneficiary the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor Grantor may be or may hereafter become bound to convey or assign to MortgageeBeneficiary, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Deed of Trust or for filing, registering or recording this MortgageDeed of Trust. MortgagorGrantor, on demand, will execute and deliver and, Mortgagor Grantor hereby authorizes Mortgagee Beneficiary to execute in the name of Mortgagor Grantor or without the signature of Mortgagor Grantor to the extent Mortgagee Beneficiary may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee Beneficiary in the Mortgaged Trust Property. Notwithstanding anything to the contrary contained herein, Mortgagor Grantor shall not be obligated to execute, deliver, file or record any additional documents which increase MortgagorGrantor's obligations under this Mortgage Deed of Trust or the Relevant Documents. Mortgagor Grantor grants to Mortgagee Beneficiary an irrevocable power of attorney coupled with an interest for the purpose of exercising the rights provided for in Section 19 and this Section 20.

Appears in 12 contracts

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

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property Property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all Applicable Laws. MortgagorBorrower, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender, following 10 days' notice to Borrower, to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, (i) one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything Property and (ii) any amendments or modifications to the contrary Note, this Security Instrument and/or the Other Security Documents in order to correct any scrivener's errors contained hereinherein or therein, Mortgagor shall not be obligated including, without limitation, any errors with respect to executethe spelling of Borrower's name, deliverthe address of the Property, file or record any additional documents which increase Mortgagor's obligations under the legal description of the Property and/or the date of execution of the Note, this Mortgage or Security Instrument and/or the Relevant Other Security Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for in Section 19 and remedies available to Lender pursuant to this Section 207.2.

Appears in 9 contracts

Sources: Mortgage and Security Agreement (Corporate Property Associates 15 Inc), Mortgage and Security Agreement (Corporate Property Associates 15 Inc), Mortgage and Security Agreement (Corporate Property Associates 15 Inc)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage, or for complying with all Legal Requirements. MortgagorBorrower, on demand, will execute and deliver anddeliver, Mortgagor and in the event it shall fail to so execute and deliver, hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, statements to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity following an Event of Default, including without limitation such rights and remedies available to Lender pursuant to this Section 205.2. Nothing contained in this Section 5.2 shall be deemed to create an obligation on the part of Borrower to pay any costs and expenses incurred by Lender in connection with the Securitization or other sale or transfer of the Loan.

Appears in 9 contracts

Sources: Deed of Trust, 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.)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property property, security interest and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Agreement or for filing, registering or recording this Mortgage. MortgagorAgreement and, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the lien hereof upon the Collateral. Without limiting the generality of the foregoing, Borrower will: (i) if any Collateral shall be evidenced by a promissory note or other instrument or chattel paper, deliver and pledge to Lender hereunder such note or instrument or chattel paper duly indorsed and accompanied by duly executed instruments of transfer or assignment, all in form and substance reasonably satisfactory to Lender; (ii) execute or authenticate and file such financing or continuation statements, or amendments thereto, and such other instruments or notices, as may be necessary or desirable and as Lender may request, in order to perfect and preserve the security interest granted or purported to be granted by Borrower hereunder; (iii) take all action necessary to ensure that Lender has control of Mortgagee any Collateral consisting of deposit accounts, electronic chattel paper, investment property and letter-of-credit rights as provided in Sections 9-104, 9-105, 9-106 and 9-107 of the Mortgaged Property. Notwithstanding anything UCC; and (iv) deliver to Lender evidence that all other action that Lender may reasonably deem necessary or desirable in order to perfect and protect the contrary contained herein, Mortgagor shall not security interest granted or purported to be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations granted by Borrower under this Mortgage or the Relevant DocumentsAgreement has been taken. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights provided for interests granted pursuant to this Agreement and to effect the intent hereof, all as fully and effectually as Borrower might or could do; and Borrower hereby ratifies all that Lender shall lawfully do or cause to be done by virtue hereof; provided, however, that Lender shall not exercise such power of attorney unless and until Borrower fails to take the required action within the five (5) Business Day time period stated above unless the failure to so exercise, could, in Section 19 Lender’s reasonable judgment, result in a Material Adverse Effect. Upon (a) receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, (b) receipt of an indemnity of Lender related to losses resulting solely from the issuance of a replacement note or other applicable Loan Document and this Section 20(c) in the case of any such mutilation, upon surrender and cancellation of such Note or other applicable Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other applicable Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.

Appears in 6 contracts

Sources: Loan and Security Agreement (Ashford Hospitality Trust Inc), Loan and Security Agreement (Ashford Hospitality Trust Inc), Loan and Security Agreement (Ashford Hospitality Trust Inc)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagespledges, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Agreement and the Pledge Agreement or for filingfiling the financing statements, registering or recording this Mortgagefor complying in all material respects with all Legal Requirements and all Health Care Requirements. MortgagorBorrower, on demand, will execute and deliver anddeliver, Mortgagor and in the event it shall fail to so execute and deliver, hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, statements to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged PropertyCollateral. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity in connection with the Loan, including without limitation, such rights provided for in Section 19 and remedies available to Lender pursuant to this Section 2015.3, exercisable, in each case, to the extent that Borrower fails to take the necessary actions within ten (10) days after Borrower’s receipt of written request therefor from Lender.

Appears in 6 contracts

Sources: Mezzanine Loan Agreement (NorthStar Healthcare Income, Inc.), Mezzanine Loan Agreement (Northstar Realty Finance Corp.), Mezzanine Loan Agreement (NorthStar Healthcare Income, Inc.)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Agreement or for filing, registering or recording this the Mortgage, or for complying with all Legal Requirements; provided, however, none of the foregoing shall materially increase the obligations or reduce the rights of Borrower hereunder. MortgagorBorrower, on demand, will execute and deliver anddeliver, Mortgagor and in the event it shall fail to so execute and deliver, hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, statements and financing statement amendments to evidence more effectively effectively, perfect and maintain the priority of the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 2017.3.

Appears in 6 contracts

Sources: Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagesmortgages or deeds of trust, as applicable, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this Mortgage. MortgagorSecurity Instrument and, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights provided for interests granted pursuant to this Security Instrument and to effect the intent hereof, all as fully and effectually as Borrower might or could do; and Borrower hereby ratifies all that Lender shall lawfully do or cause to be done by virtue hereof; provided, however, that Lender shall not exercise such power of attorney unless and until Borrower fails to take the required action within the five (5) Business Day time period stated above unless the failure to so exercise, could, in Section 19 Lender’s reasonable judgment, result in a Material Adverse Effect. Upon (a) receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, (b) receipt of an indemnity of Lender related to losses resulting solely from the issuance of a replacement note or other applicable Loan Document and this Section 20(c) in the case of any such mutilation, upon surrender and cancellation of such Note or other applicable Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other applicable Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.

Appears in 6 contracts

Sources: Mortgage, Security Agreement, Assignment of Rents and Fixture Filing (Ashford Hospitality Trust Inc), Open End Mortgage, Security Agreement, Financing Statement and Assignment of Rents (Ashford Hospitality Prime, Inc.), Mortgage, Security Agreement, Assignment of Rents and Fixture Filing (Ashford Hospitality Trust Inc)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property property, security interest and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Agreement or for filing, registering or recording this Mortgage. MortgagorAgreement and, on within five (5) Business Days of written demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the lien hereof upon the Collateral. Without limiting the generality of the foregoing, Borrower will: (i) if any Collateral shall be evidenced by a promissory note or other instrument or chattel paper, deliver and pledge to Lender hereunder such note or instrument or chattel paper duly indorsed and accompanied by duly executed instruments of transfer or assignment, all in form and substance satisfactory to Lender; (ii) execute or authenticate and file such financing or continuation statements, or amendments thereto, and such other instruments or notices, as may be necessary or desirable and as Lender may request, in order to perfect and preserve the security interest granted or purported to be granted by Borrower hereunder; (iii) take all action necessary to ensure that Lender has control of Mortgagee any Collateral consisting of deposit accounts, electronic chattel paper, investment property and letter-of-credit rights as provided in Sections 9-104, 9-105, 9-106 and 9-107 of the Mortgaged Property. Notwithstanding anything UCC; and (iv) deliver to Lender evidence that all other action that Lender may reasonably deem necessary or desirable in order to perfect and protect the contrary contained herein, Mortgagor shall not security interest granted or purported to be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations granted by Borrower under this Mortgage or the Relevant DocumentsAgreement has been taken. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights provided for interests granted pursuant to this Agreement and to effect the intent hereof, all as fully and effectually as Borrower might or could do; and Borrower hereby ratifies all that Lender shall lawfully do or cause to be done by virtue hereof. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in Section 19 the case of any such mutilation, upon surrender and this Section 20cancellation of such Note or other applicable Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other applicable Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.

Appears in 5 contracts

Sources: Loan and Security Agreement (Morgans Hotel Group Co.), Loan and Security Agreement (Morgans Hotel Group Co.), Loan and Security Agreement (Morgans Hotel Group Co.)

Further Acts, etc. Mortgagor will, at the sole cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, transferring and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienatedaliened, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. MortgagorMortgage and, on demand, will execute and deliver andwithin five (5) business days after request of Mortgagee, and if Mortgagor fails to so deliver, hereby authorizes Mortgagee thereafter to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages Mortgages or other comparable security instruments, to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including without limitation such rights and remedies available to Mortgagee pursuant to this Section 20Paragraph 22.

Appears in 4 contracts

Sources: Third Open End Mortgage Deed, Assignment of Leases and Rents, Security Agreement and Fixture Filing (GTJ REIT, Inc.), Open End Mortgage Deed, Assignment of Leases and Rents, Security Agreement and Fixture Filing (GTJ REIT, Inc.), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (GTJ REIT, Inc.)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and and, except as may be otherwise provided in Article 11 of this Agreement, without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property collateral and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Agreement or for filing, registering or recording this Mortgageany financing statement, or for complying with all Legal Requirements, provided, however, the same shall not otherwise increase Borrower’s obligations or decrease any rights of Borrower under the Loan Documents, other than (i) to a de minimis extent, or (ii) to the extent necessary to correct any scrivener’s error in a manner consistent with the parties’ intention in connection with the Loan. MortgagorBorrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver andwithin five (5) Business Days following written notice from Lender, Mortgagor hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, statements to evidence more effectively perfect the security interest of Mortgagee Lender in the Mortgaged PropertyCollateral. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 2015.3; provided, however, Lender shall not execute any such documents under such power unless an Event of Default exists or Borrower has failed to do so after five (5) days written notice has been given to Borrower by Lender of Lender’s interest to exercise its rights under such power.

Appears in 4 contracts

Sources: Mezzanine Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Mezzanine Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Mezzanine Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Further Acts, etc. Mortgagor Each Issuer will, at the cost of Mortgagorsuch Issuer’s expense, and without expense to Mortgageethe Indenture Trustee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements UCC Financing Statements or continuation statements, transfers and assurances as Mortgagee the Indenture Trustee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the Indenture Trustee the property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffedoffset, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor such Issuer may be or may hereafter become bound to convey or assign to Mortgageethe Indenture Trustee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Indenture or for filing, registering or recording this MortgageIndenture. Mortgagor, on demand, Each Issuer will promptly execute and deliver and, Mortgagor and hereby authorizes Mortgagee the Indenture Trustee to execute in the name of Mortgagor such Issuer or without the signature of Mortgagor such Issuer to the extent Mortgagee the Indenture Trustee may lawfully do so, one or more financing statements, chattel mortgages statements or other instruments, to evidence more effectively the security interest of Mortgagee the Indenture Trustee in the Mortgaged PropertyProperties. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, each such Issuer will, at the cost of such Issuer and without expense to the contrary contained hereinIndenture Trustee, Mortgagor shall not be obligated cooperate fully and completely to executeeffect the assignment or transfer of any license, deliverpermit, file agreement or record any additional documents which increase Mortgagor's obligations under this Mortgage other right necessary or useful to the Relevant Documentsoperation of the Properties. Mortgagor Each Issuer grants to Mortgagee the Indenture Trustee an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to the Indenture Trustee at law and in equity, including, without limitation, such rights provided for in Section 19 and remedies available to the Indenture Trustee pursuant to this Section 20Section.

Appears in 4 contracts

Sources: Master Indenture (FrontView REIT, Inc.), Master Indenture (American Finance Trust, Inc), Master Indenture (American Finance Trust, Inc)

Further Acts, etc. Mortgagor ▇▇▇▇▇▇▇▇▇ will, at the cost of Mortgagor▇▇▇▇▇▇▇▇▇, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property Property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all legal requirements with respect to the Property, provided, that, same does not increase Mortgagor’s obligations or diminish Mortgagor’s rights hereunder or under any other Loan Document in any material respect. Mortgagor▇▇▇▇▇▇▇▇▇, on promptly following written demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to file one or more financing statements or execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, as required to evidence more effectively maintain the security interest of Mortgagee in the Mortgaged PropertyProperty or any Collateral. Notwithstanding anything to Upon the contrary contained hereinoccurrence and during the continuance of an Event of Default, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor ▇▇▇▇▇▇▇▇▇ grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies in connection with the Loan available to Mortgagee at law and in equity, including without limitation such rights provided for in Section 19 and remedies available to Mortgagee pursuant to this Section 206.02.

Appears in 4 contracts

Sources: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Blyth Inc), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Blyth Inc), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Blyth Inc)

Further Acts, etc. Mortgagor willTrustor shall, at the cost of Mortgagorits sole cost, and without expense to Mortgagee, do, do execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee Beneficiary shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Beneficiary the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor Trustor may be or may hereafter become bound to convey or assign to MortgageeBeneficiary, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Deed of Trust, or for filing, registering or recording this MortgageDeed of Trust or for facilitating the sale and transfer of the Loan and the Loan Documents in connection with a Secondary Market Transaction as described in Section 9.1 of the Loan Agreement. MortgagorUpon foreclosure, on demandthe appointment of a receiver or any other relevant action, will execute Trustor shall, at its sole cost, cooperate fully and deliver andcompletely to effect the assignment or transfer of any license, Mortgagor hereby authorizes Mortgagee to execute in the name of Mortgagor permit, agreement or without the signature of Mortgagor any other right necessary or useful to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively operation of the security interest of Mortgagee in the Mortgaged Trust Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Trustor grants to Mortgagee Beneficiary an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Beneficiary at law and in equity, including such rights and remedies available to Beneficiary pursuant to this paragraph. Notwithstanding anything to the rights contrary in the immediately preceding sentence, Beneficiary shall not execute any document as attorney-in-fact of Trustor unless (x) Trustor shall have failed or refused to execute the same within five (5) Business Days after Beneficiary's request therefor, or (y) in Beneficiary's good faith determination it would be materially prejudiced by the delay involved in making such a request. Beneficiary shall give prompt notice to Trustor of any exercise of the power of attorney as provided for in Section 19 and this Section 20Paragraph 7, along with copies of all documents executed in connection therewith.

Appears in 3 contracts

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

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property property, security interest and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Agreement or for filing, registering filing or recording this Mortgage. MortgagorAgreement and, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the lien hereof upon the Collateral. Without limiting the generality of the foregoing, Borrower will: (i) if any Collateral shall be evidenced by a promissory note or other instrument or chattel paper, deliver and pledge to Lender hereunder such note or instrument or chattel paper duly indorsed and accompanied by duly executed instruments of transfer or assignment, all in form and substance satisfactory to Lender; (ii) execute or authenticate and file such financing or continuation statements, or amendments thereto, and such other instruments or notices, as may be necessary or desirable and as Lender may request, in order to perfect and preserve the security interest granted or purported to be granted by Borrower hereunder; (iii) take all action necessary to ensure that Lender has control of Mortgagee any Collateral consisting of deposit accounts, electronic chattel paper, investment property and letter-of-credit rights as provided in Sections 9-104, 9-105, 9-106 and 9-107 of the Mortgaged Property. Notwithstanding anything UCC; and (iv) deliver to Lender evidence that all other action that Lender may reasonably deem necessary or desirable in order to perfect and protect the contrary contained herein, Mortgagor shall not security interest granted or purported to be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations granted by Borrower under this Mortgage or the Relevant DocumentsAgreement has been taken. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights provided for interests granted pursuant to this Agreement and to effect the intent hereof, all as fully and effectually as Borrower might or could do; and Borrower hereby ratifies all that Lender shall lawfully do or cause to be done by virtue hereof. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note, the Certificates or any other Loan Document which is not of public record, and, in Section 19 the case of any such mutilation, upon surrender and this Section 20cancellation of such Note, Certificates or other applicable Loan Document, Borrower will issue, in lieu thereof, a replacement Note, Certificates or other applicable Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note, Certificates or other Loan Document in the same principal amount thereof and otherwise of like tenor.

Appears in 3 contracts

Sources: Loan and Security Agreement (CNL Hotels & Resorts, Inc.), Loan and Security Agreement (CNL Hotels & Resorts, Inc.), Loan and Security Agreement (CNL Hotels & Resorts, Inc.)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Deed of Trust or for filing, registering or recording this MortgageDeed of Trust or for facilitating the sale of the Loan and the Loan Documents as described in paragraph 61 below. MortgagorBorrower, on promptly upon demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Trust Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Borrower will, at the cost of Borrower and without expense to Lender, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage operation of or the Relevant DocumentsTrust Property. Mortgagor Borrower grants to Mortgagee Lender and Trustee upon the occurrence of an Event of Default and prior to the acceptance of a cure thereof by Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender and Trustee at law and in Section 19 equity, including, without limitation, such rights and remedies available to Lender and Trustee pursuant to this Section 20paragraph.

Appears in 3 contracts

Sources: Deed of Trust (MPG Office Trust, Inc.), Deed of Trust (Maguire Properties Inc), Deed of Trust (Maguire Properties Inc)

Further Acts, etc. Mortgagor ▇▇▇▇▇▇▇▇ will, at the cost of Mortgagor▇▇▇▇▇▇▇▇, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagesmortgages or deeds of trust, as applicable, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this Mortgage. MortgagorSecurity Instrument and, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights provided for interests granted pursuant to this Security Instrument and to effect the intent hereof, all as fully and effectually as Borrower might or could do; and Borrower hereby ratifies all that Lender shall lawfully do or cause to be done by virtue hereof. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in Section 19 the case of any such mutilation, upon surrender and this Section 20cancellation of such Note or other applicable Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other applicable Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.

Appears in 3 contracts

Sources: Mortgage, Security Agreement, Assignment of Rents and Fixture Filing (Parkway Properties Inc), Borrowing Agreement (U Haul International Inc), Loan Agreement (U Haul International Inc)

Further Acts, etc. Mortgagor Each of Additional Obligor and Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Additional Obligor or Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Agreement or for filing, registering or recording this Mortgage. Mortgagorthe Security Instrument, or for complying with all Legal Requirements., provided, however, the same shall not increase Additional Obligor’s or Borrower’s obligations or decrease any right of Borrower or Additional Obligor under the Loan Documents, other than to a de minimis extent Each of Additional Obligor and Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver andwithin five (5) Business Days following written notice from Lender, Mortgagor hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor (x) Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, statements to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything Property and (y) Additional Obligor to the contrary contained hereinextent Lender may lawfully do so, Mortgagor shall not be obligated one or more financing statements to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or evidence more effectively the Relevant Documentssecurity interest of Lender in the applicable Collateral. Mortgagor Each of Additional Obligor and Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 2015.3, provided, however, Lender shall not execute any such documents under such power unless an Event of Default exists.

Appears in 3 contracts

Sources: Loan Agreement (Retail Value Inc.), Loan Agreement (Retail Value Inc.), Loan Agreement (DDR Corp)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all applicable Legal Requirements in all material respects. Mortgagor, on demand, will execute and deliver anddeliver, Mortgagor and in the event it shall fail to so execute and deliver, hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements (including, without limitation, initial financing statements and amendments thereto and continuation statements, chattel mortgages ) with or other instrumentswithout the signature of Mortgagor as authorized by applicable law, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything Mortgagor also ratifies its authorization for Mortgagee to have filed any like initial financing statements, amendments thereto and continuation statements, if filed prior to the contrary contained hereindate of this Security Instrument. Upon the occurrence and during the continuance of an Event of Default, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including without limitation such rights and remedies available to Mortgagee pursuant to this Section 205.2. To the extent not prohibited by applicable law, Mortgagor hereby ratifies all acts Mortgagee has lawfully done in the past or shall lawfully do or cause to be done in the future by virtue of such power of attorney.

Appears in 3 contracts

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

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge execute and deliver all to Lender upon demand such documents, instruments, certificates, assignments and every other writings, and do such further actsother acts necessary or desirable, deedsto evidence, conveyancespreserve and/or protect the collateral at any time securing or intended to secure the Debt and/or for the better and more effective carrying out of the intents and purposes of the Loan Documents, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for provided that the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee same does not (y) increase the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated of Lender or (including, without limitation, z) increase the assignment obligations or decrease the rights of leases and rents contained in Section 8 hereof) Borrower or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out Guarantor under the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this MortgageLoan Documents. Mortgagor, on demand, will execute and deliver and, Mortgagor Borrower hereby authorizes Mortgagee Lender, if Borrower fails to execute within five (5) Business Days after request, to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the security interest liens of Mortgagee in the Mortgaged PropertyMortgages upon the Projects. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of, protecting, perfecting, preserving and realizing upon the interests granted pursuant to the Mortgages or to effect the intent of exercising this Agreement, all as fully and effectually as Borrower might or could do; provided, however, that Lender will not exercise such powers of attorney unless (i) Borrower fails to execute any of the rights provided for foregoing within five (5) Business Days after it receives written request from Lender to do so, or (ii) an Event of Default then exists; and Borrower hereby ratifies all that Lender shall lawfully do or cause to be done by virtue hereof. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in Section 19 the case of any such mutilation, upon surrender and this Section 20cancellation of such Note or other applicable Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other applicable Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.

Appears in 3 contracts

Sources: Loan Agreement (Mack Cali Realty Corp), Loan Agreement (Mack Cali Realty L P), Loan Agreement (Mack Cali Realty Corp)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagesmortgages or deeds of trust, as applicable, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this Mortgage. MortgagorSecurity Instrument and, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the lien hereof upon the Property. Borrower hereby authorizes Lender to file any financing statements, and amendments to financing statements, in any jurisdictions and with any filing offices as Lender may determine, in its sole discretion, are necessary or advisable to perfect the security interest of Mortgagee granted to Lender hereunder. Such financing statements may describe the collateral in the Mortgaged Propertysame manner as described in this document or may contain an indication or description of collateral that describes such property in any other manner Lender so chooses, including, without limitation, describing such property as “all assets, whether now owned or hereafter acquired” or “all personal property, whether now owned or hereafter acquire”. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights provided for interests granted pursuant to this Security Instrument and to effect the intent hereof, all as fully and effectually as Borrower might or could do; and Borrower hereby ratifies all that Lender shall lawfully do or cause to be done by virtue hereof. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in Section 19 the case of any such mutilation, upon surrender and this Section 20cancellation of such Note or other applicable Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other applicable Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.

Appears in 3 contracts

Sources: Agreement of Consolidation and Modification of Mortgage, Security Agreement, Assignment of Rents and Fixture Filing (Morgans Hotel Group Co.), Agreement of Consolidation and Modification of Mortgage, Security Agreement, Assignment of Rents and Fixture Filing (Morgans Hotel Group Co.), Mortgage, Security Agreement, Assignment of Rents and Fixture Filing (Morgans Hotel Group Co.)

Further Acts, etc. Mortgagor Each Issuer will, at the cost of Mortgagorsuch Issuer’s expense, and without expense to Mortgageethe Indenture Trustee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements UCC Financing Statements or continuation statements, transfers and assurances as Mortgagee the Indenture Trustee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the Indenture Trustee the property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffedoffset, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor such Issuer may be or may hereafter become bound to convey or assign to Mortgageethe Indenture Trustee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Indenture or for filing, registering or recording this MortgageIndenture. Mortgagor, on demand, Each Issuer will promptly execute and deliver and, Mortgagor and hereby authorizes Mortgagee the Indenture Trustee to execute in the name of Mortgagor such Issuer or without the signature of Mortgagor such Issuer to the extent Mortgagee the Indenture Trustee may lawfully do so, one or more financing statements, chattel mortgages statements or other instruments, to evidence more effectively the security interest of Mortgagee the Indenture Trustee in the Mortgaged PropertyProperties or the Mortgage Loans. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, each such Issuer will, at the cost of such Issuer and without expense to the contrary contained hereinIndenture Trustee, Mortgagor shall not be obligated cooperate fully and completely to executeeffect the assignment or transfer of any license, deliverpermit, file agreement or record any additional documents which increase Mortgagor's obligations under this Mortgage other right necessary or useful to the Relevant Documentsoperation of the Properties. Mortgagor Each Issuer grants to Mortgagee the Indenture Trustee an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to the Indenture Trustee at law and in equity, including, without limitation, such rights provided for in Section 19 and remedies available to the Indenture Trustee pursuant to this Section 20Section.

Appears in 3 contracts

Sources: Master Indenture (STORE CAPITAL Corp), Master Indenture (STORE CAPITAL Corp), Master Indenture (STORE CAPITAL Corp)

Further Acts, etc. (a) Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffedinfeft, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this MortgageMortgage or for facilitating the sale of the Loan and the Loan Documents as described in subsection 19(b) below. Mortgagor, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Mortgagor will, at the cost of Mortgagor and without expense to Mortgagee, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or operation of the Relevant DocumentsMortgaged Property. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Mortgagee at law and in equity, including, without limitation, such rights and remedies available to Mortgagee pursuant to this section. (b) Mortgagor acknowledges that Mortgagee and its successors and assigns may (i) sell this Mortgage, the rights provided Note and other Loan Documents to one or more investors as a whole loan, (ii) participate the Loan secured by this Mortgage to one or more investors, (iii) deposit this Mortgage, the Note and other Loan Documents with a trust, which trust may sell certificates to investors evidencing an ownership interest in the trust assets, or (iv) otherwise sell the Loan or interest therein to investors (the transactions referred to in clauses (i) through (iv) are hereinafter each referred to as a "Secondary Market Transaction"). Mortgagor shall cooperate with Mortgagee in effecting any such Secondary Market Transaction and shall cooperate to implement all requirements imposed by any Rating Agency involved in any Secondary Market Transaction, including but not limited to, (a) providing Mortgagee an estoppel certificate and such information, legal opinions and documents relating to Mortgagor, Guarantor, if any, the Mortgaged Property and any tenants of the Mortgaged Property as Mortgagee or the Rating Agencies may reasonably request in connection with such Secondary Market Transaction, (b) amending the Loan Documents and organizational documents of Mortgagor, and updating and/or restating officer's certificates, title insurance and other closing items, as may be required by the Rating Agencies, (c) participating in bank, investors and Rating Agencies' meetings if requested by Mortgagee, (d) upon Mortgagee's request amending the Loan Documents (and updating and/or restating officer's certificates, title insurance and other closing items in connection therewith) to divide the Loan into two or more separate or component notes, which notes may be included in separate transactions (and thus may have separate REMIC "start up dates") and have different interest rates and amortization schedules (but with aggregated financial terms which are equivalent to that of the Loan prior to such separation), and (e) reviewing the offering documents relating to any Secondary Market Transaction to ensure that all information concerning Mortgagor, the Mortgaged Property, and the Loan is correct, and certifying to the accuracy thereof. Mortgagee shall be permitted to share all such information with the investment banking firms, Rating Agencies, accounting firms, law firms and other third-party advisory firms and investors involved with the Loan and the Loan Documents or the applicable Secondary Market Transaction. Mortgagee and all of the aforesaid third-party advisors and professional firms shall be entitled to rely on the information supplied by, or on behalf of, Mortgagor and Mortgagor indemnifies Mortgagee, its successors, assigns and their respective shareholders, employees, directors, officers, and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") as to any losses, claims, damages or liabilities that arise out of or are based upon any untrue statement of any material fact contained in such information or arise out of or are based upon the omission or alleged omission to state therein a material fact required to be stated in such information or necessary in order to make the statements in such information, or in light of the circumstances under which they were made, not misleading. Mortgagee may publicize the existence of the Loan in connection with its marketing for in Section 19 and this Section 20a Secondary Market Transaction or otherwise as part of its business development.

Appears in 3 contracts

Sources: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Ramco Gershenson Properties Trust), Mortgage (Ramco Gershenson Properties Trust), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Ramco Gershenson Properties Trust)

Further Acts, etc. Mortgagor will, and will cause ESBC and Observatory Lessee, as applicable, at the cost of Mortgagor, and without no expense to MortgageeMortgagee or Lenders, do, to execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all Legal Requirements. Mortgagor, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver andafter reasonable notice, Mortgagor hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements (including, without limitation, initial financing statements and amendments thereto and continuation statements, chattel mortgages ) with or other instrumentswithout the signature of Mortgagor as authorized by applicable law, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything Mortgagor also ratifies its authorization for Mortgagee to have filed any like initial financing statements, amendments thereto and continuation statements, if filed prior to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under date of this Mortgage or the Relevant DocumentsSecurity Instrument. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the perfecting its rights provided for described in Section 19 and this Section 205.2; provided, however, that Mortgagee shall not exercise such power of attorney except during the existence of an Event of Default. To the extent not prohibited by applicable law, Mortgagor hereby ratifies all acts Mortgagee has lawfully done in the past or shall lawfully do or cause to be done in the future by virtue of such power of attorney.

Appears in 3 contracts

Sources: Fee and Leasehold Mortgage, Assignment of Leases and Rents and Security Agreement (Empire State Realty Trust, Inc.), Fee and Leasehold Mortgage, Assignment of Leases and Rents and Security Agreement (Empire State Realty Trust, Inc.), Fee and Leasehold Mortgage, Assignment of Leases and Rents and Security Agreement (Empire State Building Associates L.L.C.)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender and Trustee the property Property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all Applicable Laws. MortgagorBorrower, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender, following 10 days' notice to Borrower, to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, (i) one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything Property and (ii) any amendments or modifications to the contrary Note, this Security Instrument and/or the Other Security Documents in order to correct any scrivener's errors contained hereinherein or therein, Mortgagor shall not be obligated including, without limitation, any errors with respect to executethe spelling of Borrower's name, deliverthe address of the Property, file or record any additional documents which increase Mortgagor's obligations under the legal description of the Property and/or the date of execution of the Note, this Mortgage or Security Instrument and/or the Relevant Other Security Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for in Section 19 and remedies available to Lender pursuant to this Section 207.2.

Appears in 3 contracts

Sources: Deed of Trust and Security Agreement (Corporate Property Associates 15 Inc), Deed of Trust and Security Agreement (Corporate Property Associates 15 Inc), Deed of Trust and Security Agreement (Corporate Property Associates 15 Inc)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagesmortgages or deeds of trust, as applicable, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender or Trustee shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender and Trustee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender and Trustee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this Mortgage. MortgagorSecurity Instrument and, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the lien hereof upon the Property. Borrower hereby authorizes Lender and Trustee, severally, to file any financing statements, and amendments to financing statements, in any jurisdictions and with any filing offices as Lender or Trustee, severally, may determine, in its sole discretion, are necessary or advisable to perfect the security interest of Mortgagee granted to Trustee hereunder. Such financing statements may describe the collateral in the Mortgaged Propertysame manner as described in this document or may contain an indication or description of collateral that describes such property in any other manner Lender or Trustee so chooses, including, without limitation, describing such property as “all assets, whether now owned or hereafter acquired” or “all personal property, whether now owned or hereafter acquire”. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights provided for interests granted pursuant to this Security Instrument and to effect the intent hereof, all as fully and effectually as Borrower might or could do; and Borrower hereby ratifies all that Lender shall lawfully do or cause to be done by virtue hereof. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in Section 19 the case of any such mutilation, upon surrender and this Section 20cancellation of such Note or other applicable Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other applicable Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.

Appears in 2 contracts

Sources: Deed of Trust, Security Agreement, Assignment of Rents and Fixture Filing (Morgans Hotel Group Co.), Deed of Trust, Security Agreement, Assignment of Rents and Fixture Filing (Morgans Hotel Group Co.)

Further Acts, etc. Mortgagor will, at the cost of MortgagorBuffalo China, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. Mortgagor, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Mortgagor will, at the cost of Buffalo China and without expense to Mortgagee, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage operation of or the Relevant DocumentsMortgaged Property. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including, without limitation, such rights and remedies available to Mortgagee pursuant to this Section 20paragraph.

Appears in 2 contracts

Sources: Mortgage, Assignment of Leases and Rents, and Security Agreement (Oneida LTD), Mortgage, Assignment of Leases and Rents, and Security Agreement (Oneida LTD)

Further Acts, etc. Mortgagor will, at the sole cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, transferring and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienatedaliened, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. MortgagorMortgage and, on demand, will execute and deliver andwithin five (5) business days after request of Mortgagee, and if Mortgagor fails to so deliver, hereby authorizes Mortgagee thereafter to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other comparable security instruments, to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including without limitation such rights and remedies available to Mortgagee pursuant to this Section 20PARAGRAPH 30.

Appears in 2 contracts

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

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Deed of Trust or for filing, registering or recording this MortgageDeed of Trust or for facilitating the sale of the Loans and the Loan Documents as described in paragraph 61 below. MortgagorBorrower, on promptly upon demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Trust Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Borrower will, at the cost of Borrower and without expense to Lender, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage operation of or the Relevant DocumentsTrust Property. Mortgagor Borrower grants to Mortgagee Lender and Trustee upon the occurrence of an Event of Default and prior to the acceptance of a cure thereof by Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender and Trustee at law and in Section 19 equity, including, without limitation, such rights and remedies available to Lender and Trustee pursuant to this Section 20paragraph.

Appears in 2 contracts

Sources: Deed of Trust (Maguire Properties Inc), Deed of Trust (Maguire Properties Inc)

Further Acts, etc. Mortgagor Trustor will, at the cost of MortgagorTrustor, and without expense to MortgageeBeneficiary, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee Beneficiary shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Beneficiary the property and rights hereby deeded, mortgaged, given, granted, granted bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor Trustor may be or may hereafter become bound to convey or assign to MortgageeBeneficiary, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Deed of Trust or for filing, registering or recording this MortgageDeed of Trust or for facilitating the sale of the Loan and the Loan Documents as described in Paragraph 20(b) below. MortgagorTrustor, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Beneficiary to execute in the name of Mortgagor Trustor or without the signature of Mortgagor Trustor to the extent Mortgagee Beneficiary may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee Beneficiary in the Mortgaged Trust Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Trustor will, at the cost of Trustor and without expense to Beneficiary, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage operation of or the Relevant DocumentsTrust Property. Mortgagor Trustor grants to Mortgagee Beneficiary and Trustee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Beneficiary and Trustee at law and in Section 19 equity, including, without limitation, such rights and remedies available to Beneficiary and Trustee pursuant to this Section 20paragraph.

Appears in 2 contracts

Sources: Deed of Trust, Assignment of Leases and Rents and Security Agreement (First Potomac Realty Trust), Deed of Trust, Assignment of Leases and Rents and Security Agreement (First Potomac Realty Trust)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument or for facilitating the sale of the Loan and the Loan Documents as described herein below. MortgagorBorrower, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Security Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Borrower will, at the cost of Borrower and without expense to Lender, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage operation of or the Relevant DocumentsSecurity Property. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including, without limitation, such rights and remedies available to Lender pursuant to this Section 20Section.

Appears in 2 contracts

Sources: Mortgage, Security Agreement and Fixture Financing Statement (Prime Group Realty Trust), Mortgage, Security Agreement and Fixture Financing Statement (Prime Group Realty Trust)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor▇▇▇▇▇▇▇▇▇, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Mortgagee, the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage, or for complying with all Applicable Laws. Mortgagor▇▇▇▇▇▇▇▇▇, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor ▇▇▇▇▇▇▇▇▇ or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence or perfect more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant DocumentsPremises. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising executing and/or recording on ▇▇▇▇▇▇▇▇▇'s behalf any document or instrument that Mortgagee deems reasonably necessary for the rights provided for purposes set forth in Section 19 and this Section 203.15 if ▇▇▇▇▇▇▇▇▇ fails to comply with the Mortgagee's demand in respect thereof within 10 days after written notice.

Appears in 2 contracts

Sources: Second Mortgage and Security Agreement (American Leisure Holdings Inc), Mortgage and Security Agreement (American Leisure Holdings Inc)

Further Acts, etc. Mortgagor (a) Borrower will, at the cost of Mortgagor, Borrower and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, Lender shall from time to time, time reasonably require, require for the better assuring, conveying, assigning, transferring, transferring and confirming unto Mortgagee Lender the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this MortgageMortgage or for facilitating the sale of the Loan and the Loan Documents as described in subsection 19(b) below. MortgagorBorrower, on demand, will execute and deliver anddeliver, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, instruments to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Borrower will, at the cost of Borrower and without expense to Lender, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or operation of the Relevant DocumentsProperty. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including, without limitation, such rights and remedies available to Lender pursuant to this section. (b) Borrower acknowledges that Lender and its successors and assigns may (i) sell this Mortgage, the rights provided Note and the other Loan Documents to one or more investors as a whole loan, (ii) participate the Loan secured by this Mortgage to one or more investors, (iii) deposit this Mortgage, the Note and the other Loan Documents with a trust, which trust may sell certificates to investors evidencing an ownership interest in the trust assets or (iv) otherwise sell the Loan or interest therein to investors (the transactions referred to in clauses (i) through (iv) are hereinafter each referred to as a “Secondary Market Transaction”). Borrower shall cooperate with Lender in effecting any such Secondary Market Transaction and shall cooperate to implement all requirements imposed by any Rating Agency involved in any Secondary Market Transaction, including but not limited to (A) providing Lender an estoppel certificate and such information, legal opinions and documents relating to Borrower, Guarantor, if any, the Property and any tenants of the Property as Lender or the Rating Agencies may reasonably request in connection with such Secondary Market Transaction, (B) amending the Loan Documents and organizational documents of Borrower, and updating and/or restating officer’s certificates, title insurance and other closing items, as may be required by the Rating Agencies, (C) participating in bank, investors and Rating Agencies’ meetings if requested by Lender, (D) upon Lender’s request amending the Loan Documents (and updating and/or restating officer’s certificates, title insurance and other closing items in connection therewith) to divide the Loan into two or more separate or component notes, which notes may be included in separate transactions (and thus may have separate REMIC “start up dates”) and have different interest rates and amortization schedules (but with aggregated financial terms which are equivalent to that of the Loan prior to such separation), and (E) reviewing the offering documents relating to any Secondary Market Transaction to ensure that all information concerning Borrower, the Property, and the Loan is correct, and certifying to the accuracy thereof. Lender shall be permitted to share all such information with the investment banking firms, Rating Agencies, accounting firms, law firms and other third-party advisory firms and investors involved with the Loan and the Loan Documents or the applicable Secondary Market Transaction. Lender and all of the aforesaid third-party advisors and professional firms shall be entitled to rely on the information supplied by, or on behalf of, Borrower, and Borrower indemnifies Lender, its successors, assigns and their respective shareholders, employees, directors, officers, and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) as to any losses, claims, damages or liabilities that arise out of or are based upon any untrue statement or alleged untrue statement of any material fact contained in such information or arise out of or are based upon the omission or alleged omission to state therein a material fact required to be stated in such information or necessary in order to make the statements in such information, or in light of the circumstances under which they were made, not misleading. Lender may publicize the existence of the Loan in connection with its marketing for in Section 19 and this Section 20a Secondary Market Transaction or otherwise as part of its business development. Lender shall pay all costs associated with a Secondary Market Transaction.

Appears in 2 contracts

Sources: Deed of Trust and Security Agreement (Infousa Inc), Deed of Trust and Security Agreement (Infousa Inc)

Further Acts, etc. Mortgagor will, at the sole cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagesMortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, transferring and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienatedaliened, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. MortgagorMortgage and, on demand, will execute and deliver andwithin five (5) business days after request of Mortgagee, and if Mortgagor fails to so deliver, hereby authorizes Mortgagee thereafter to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages Mortgages or other comparable security instruments, to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including without limitation such rights and remedies available to Mortgagee pursuant to this Section 20Paragraph 30.

Appears in 2 contracts

Sources: Mortgage, Assignment of Leases and Rents and Security Agreement (FSP 303 East Wacker Drive Corp.), Mortgage, Assignment of Leases and Rents and Security Agreement (Inland Diversified Real Estate Trust, Inc.)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, deeds of trust or deeds to secure debt, as applicable, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender or Trustee shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender and Trustee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this Mortgage. MortgagorSecurity Instrument and, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights interests granted pursuant to this Security Instrument and to effect the intent hereof, all as fully and effectually as Borrower might or could do; and Borrower hereby ratifies all that Lender shall lawfully do or cause to be done by virtue hereof; provided for that Lender shall not exercise such power of attorney unless and until Borrower fails to take the required action within five (5) Business Days of demand unless the failure to so exercise it could, in Section 19 Lender’s reasonable judgment, result in a Material Adverse Effect. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and this Section 20cancellation of such Note or other applicable Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other applicable Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.

Appears in 2 contracts

Sources: Deed of Trust, Security Agreement, Assignment of Rents and Fixture Filing (Lightstone Value Plus Real Estate Investment Trust, Inc.), Deed of Trust, Security Agreement, Assignment of Rents and Fixture Filing (Lightstone Value Plus Real Estate Investment Trust, Inc.)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagesdeeds of trust, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender and Trustee the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeTrustee or Lender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all Legal Requirements. MortgagorBorrower, on demand, will execute and deliver anddeliver, Mortgagor and in the event it shall fail to so execute and deliver, hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, statements to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including without limitation such rights and remedies available to Lender pursuant to this Section 205.2. Nothing contained in this Section 5.2 shall be deemed to create an obligation on the part of Borrower to pay any costs and expenses incurred by Lender in connection with the Securitization or other sale or transfer of the Loan.

Appears in 2 contracts

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

Further Acts, etc. Mortgagor will, at the sole cost and expense of Mortgagor▇▇▇▇▇▇▇▇▇, and without any cost or expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Mortgagee, the property Property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all Legal Requirements. Mortgagor▇▇▇▇▇▇▇▇▇, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor ▇▇▇▇▇▇▇▇▇ or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence or perfect more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for in Section 19 and remedies available to Mortgagee pursuant to this Section 204.2, and ▇▇▇▇▇▇▇▇▇ hereby acknowledges and agrees that ▇▇▇▇▇▇▇▇▇ shall have no claim or cause of action against Mortgagee arising out of Mortgagee's execution and/or recordation of any instruments by or on behalf of Mortgagor pursuant to the foregoing power of attorney.

Appears in 2 contracts

Sources: Leasehold Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Financing Statement (Lightstone Value Plus Real Estate Investment Trust, Inc.), Leasehold Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Financing Statement (Lightstone Value Plus Real Estate Investment Trust, Inc.)

Further Acts, etc. Mortgagor Grantor will, at the cost of MortgagorGrantor, and without expense to MortgageeBeneficiary, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, deeds of trust, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee Beneficiary shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Beneficiary the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor Grantor may be or may hereafter become bound to convey or assign to MortgageeBeneficiary, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Deed of Trust or for filing, registering or recording this MortgageDeed of Trust. MortgagorGrantor, on demand, will execute and deliver and, Mortgagor Grantor hereby authorizes Mortgagee Beneficiary to execute in the name of Mortgagor Grantor or without the signature of Mortgagor Grantor to the extent Mortgagee Beneficiary may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee Beneficiary in the Mortgaged Trust Property. Notwithstanding anything to the contrary contained herein, Mortgagor Grantor shall not be obligated to execute, deliver, file or record any additional documents which increase MortgagorGrantor's obligations under this Mortgage Deed of Trust or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the rights provided for in Section 19 and this Section 20.Relevant

Appears in 2 contracts

Sources: Deed of Trust (Discovery Zone Inc), Deed of Trust (Discovery Zone Inc)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender and Trustee the property Property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this Mortgage. MortgagorSecurity Instrument, on demandor for complying with all Legal Requirements, will execute and deliver and, Mortgagor Borrower hereby authorizes Mortgagee Lender to execute any of the foregoing in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee that Lender may lawfully do so. Borrower hereby authorizes Lender to file in the appropriate filing or recording offices, with or without the signature of Borrower, one or more financing statementsstatements (including any amendment or continuation thereof), chattel mortgages or other instrumentsinstruments to establish, to maintain, or evidence more effectively the validity, perfection or priority of the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including without limitation such rights and remedies available to Lender pursuant to this Section 205.2.

Appears in 2 contracts

Sources: Deed of Trust, Assignment of Leases and Rents, Fixture Filing and Security Agreement (Manufactured Housing Properties Inc.), Deed of Trust, Assignment of Leases and Rents, Fixture Filing and Security Agreement (Manufactured Housing Properties Inc.)

Further Acts, etc. Mortgagor willTrustor shall, at the cost of Mortgagorits sole cost, and without expense to Mortgagee, do, duly execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee Beneficiary shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Beneficiary the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor Trustor may be or may hereafter become bound to convey or assign to MortgageeBeneficiary, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Deed of Trust, or for filing, registering or recording this MortgageDeed of Trust or for facilitating the sale and transfer of the Loan and the Loan Documents in connection with a Secondary Market Transaction as described in Section 9.1 of the Loan Agreement. MortgagorUpon foreclosure, on demandthe appointment of a receiver or any other relevant action, will execute Trustor shall, at its sole cost, cooperate fully and deliver andcompletely to affect the assignment or transfer of any license, Mortgagor hereby authorizes Mortgagee to execute in the name of Mortgagor permit, agreement or without the signature of Mortgagor any other right necessary or useful to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively operation of the security interest of Mortgagee in the Mortgaged Trust Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Trustor grants to Mortgagee Beneficiary an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Beneficiary at law and in equity, including such rights and remedies available to Beneficiary pursuant to this paragraph. Notwithstanding anything to the rights contrary in the immediately preceding sentence, Beneficiary shall not execute any document as attorney-in-fact of Trustor unless (x) Trustor shall have failed or refused to execute the same within five (5) Business Days after Beneficiary's request therefor, or (y) in Beneficiary's good faith determination it would be materially prejudiced by the delay involved in making such a request. Beneficiary shall give prompt notice to Trustor of any exercise of the power of attorney as provided for in Section 19 and this Section 20Paragraph 7, along with copies of all documents executed in connection therewith.

Appears in 2 contracts

Sources: Deed of Trust, Assignment of Leases and Rents and Security Agreement (Medalist Diversified REIT, Inc.), Deed of Trust, Assignment of Leases and Rents and Security Agreement (Medalist Diversified REIT, Inc.)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor▇▇▇▇▇▇▇▇▇, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. Mortgagor▇▇▇▇▇▇▇▇▇, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor ▇▇▇▇▇▇▇▇▇ or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Mortgagee at law and in equity, including without limitation such rights and remedies available to Mortgagee pursuant to this paragraph. (a) Mortgagee (and its mortgage servicer and their respective assigns) shall have the rights right to disclose in confidence such financial information regarding Mortgagor, Guarantor or the Mortgaged Property as may be necessary (i) to complete any sale or attempted sale of the Note or participations in the loan (or any transfer of the mortgage servicing thereof) evidenced by the Note and the Loan Documents, (ii) to service the Note or (iii) to furnish information concerning the payment status of the Note to the holder or beneficial owner thereof, including, without limitation, all Loan Documents, financial statements, projections, internal memoranda, audits, reports, payment history, appraisals and any and all other information and documentation in the Mortgagee's files (and such servicer's files) relating to the Mortgagor, any Guarantor and the Mortgaged Property. This authorization shall be irrevocable in favor of the Mortgagee (and its mortgage servicer and their respective assigns), and ▇▇▇▇▇▇▇▇▇ and Guarantor waive any claims that they may have against the Mortgagee, its mortgage servicer and their respective assigns or the party receiving information from the Mortgagee pursuant hereto regarding disclosure of information in such files and further waive any alleged damages which they may suffer as a result of such disclosure. (b) The Mortgagor acknowledges that the Mortgagee intends to sell the loan evidenced by the Note and the Loan Documents or a participation interest therein to a party who may pool the loan with a number of other loans and to have the holder of such loans (most likely a special purpose REMIC) issue one or more classes of Mortgage Backed Pass-Through Certificates (the "Certificates"), which may be rated by one or more national rating agencies. Mortgagee (and its mortgage servicer and their respective assigns) shall be permitted to share any of the information referred to in subsection (b) above, whether obtained before or after the date of the Note, with the holders or potential holders of the Certificates, investment banking firms, rating agencies, accounting firms, custodians, successor mortgage servicers, law firms and other third-party advisory firms involved with the loan evidenced by the Note and the Loan Documents or the Certificates. It is understood that the information provided by the Mortgagor to the Mortgagee (or its mortgage servicer and their respective assigns) or otherwise received by Mortgagee (or its mortgage servicer and their respective assigns) in connection with the loan evidenced by the Loan Documents may ultimately be incorporated into the offering documents for in Section 19 the Certificates and this Section 20thus various prospective investors may also see some or all of the information. The Mortgagee (and its mortgage servicer and their respective assigns) and all of the aforesaid third-party advisors and professional firms shall be entitled to rely on the information supplied by, or on behalf of, the Mortgagor.

Appears in 2 contracts

Sources: Deed of Trust (Concord Milestone Plus L P), Mortgage, Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Concord Milestone Plus L P)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagesdeeds of trust, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all Legal Requirements. MortgagorBorrower, on demand, will execute and deliver anddeliver, Mortgagor and in the event it shall fail to so execute and deliver, hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, statements to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including without limitation such rights and remedies available to Lender pursuant to this Section 205.2. Nothing contained in this Section 5.2 shall be deemed to create an obligation on the part of Borrower to pay any costs and expenses incurred by Lender in connection with the Securitization or other sale or transfer of the Loan.

Appears in 2 contracts

Sources: Open End Mortgage and Security Agreement (Glimcher Realty Trust), Open End Mortgage and Security Agreement (Glimcher Realty Trust)

Further Acts, etc. Mortgagor will, at the cost of MortgagorOneida, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. Mortgagor, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Mortgagor will, at the cost of Oneida and without expense to Mortgagee, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage operation of or the Relevant DocumentsMortgaged Property. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including, without limitation, such rights and remedies available to Mortgagee pursuant to this Section 20paragraph.

Appears in 2 contracts

Sources: Mortgage, Assignment of Leases and Rents, and Security Agreement (Oneida LTD), Mortgage, Assignment of Leases and Rents, and Security Agreement (Oneida LTD)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage, or for complying with all Legal Requirements. Mortgagor, on demand, will execute and deliver anddeliver, Mortgagor and in the event it shall fail to so execute and deliver, hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, statements to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including, without limitation, such rights and remedies available to Mortgagee pursuant to this Section 205.02.

Appears in 2 contracts

Sources: Mortgage (Bluerock Residential Growth REIT, Inc.), Mortgage, Assignment of Leases and Rents, Hotel Revenue and Security Agreement (Morgans Hotel Group Co.)

Further Acts, etc. Mortgagor willTrustor shall, at the cost of Mortgagorits sole cost, and without expense to Mortgagee, do, duly execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee Beneficiary shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Beneficiary the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, ; or which Mortgagor Trustor may be or may hereafter become bound to convey or assign to MortgageeBeneficiary, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Deed of Trust, or for filing, registering or recording this MortgageDeed of Trust or for facilitating the sale and transfer of the Loan and the Loan Documents. MortgagorUpon foreclosure, on demandthe appointment of a receiver or any other relevant action, will execute Trustor shall, at its sole cost, cooperate fully and deliver andcompletely to effect the assignment or transfer of any license, Mortgagor hereby authorizes Mortgagee to execute in the name of Mortgagor permit, agreement or without the signature of Mortgagor any other right necessary or useful to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively operation of the security interest of Mortgagee in the Mortgaged Trust Property. Notwithstanding anything to Upon the contrary contained hereinoccurrence and during the continuance of any Event of Default, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Trustor grants to Mortgagee Beneficiary an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Beneficiary at law and in equity, including such rights and remedies available to Beneficiary pursuant to this paragraph. Notwithstanding anything to the rights contrary in the immediately preceding sentence, Beneficiary shall not execute any document as attorney in-fact of Trustor unless (x) Trustor shall have failed or refused to execute the same within five (5) Business Days after Beneficiary's request therefor, or (y) in Beneficiary's good faith determination it would be materially prejudiced by the delay involved in making such a request. Beneficiary shall give prompt notice to Trustor of any exercise of the power of attorney as provided for in Section 19 and this Section 20paragraph, along with copies of all documents executed in connection therewith.

Appears in 2 contracts

Sources: Deed of Trust, Assignment of Leases and Rents and Security Agreement (GK Investment Holdings, LLC), Deed of Trust, Assignment of Leases and Rents and Security Agreement (GK Investment Property Holdings II LLC)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, deeds of trust or deeds to secure debt, as applicable, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this Mortgage. MortgagorSecurity Instrument and, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights interests granted pursuant to this Security Instrument and to effect the intent hereof, all as fully and effectually as Mortgagor might or could do; and Mortgagor hereby ratifies all that Lender shall lawfully do or cause to be done by virtue hereof; provided for that Lender shall not exercise such power of attorney unless and until Mortgagor fails to take the required action within five (5) Business Days of demand unless the failure to so exercise it could, in Section 19 Lender’s reasonable judgment, result in a Material Adverse Effect. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and this Section 20cancellation of such Note or other applicable Loan Document, Mortgagor will issue, in lieu thereof, a replacement Note or other applicable Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.

Appears in 2 contracts

Sources: Mortgage and Security Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.), Mortgage and Security Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienatedaliened, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. Mortgagor, Mortgagor on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising perfecting any and all rights and remedies available to Mortgagee at law and in equity pursuant to the terms of the Note, this Mortgage or the Other Security Documents, including without limitation such rights provided for in Section 19 and remedies available to Mortgagee pursuant to this Section 20paragraph 17.

Appears in 2 contracts

Sources: First Mortgage and Security Agreement (Century Properties Fund Xvi), First Mortgage and Security Agreement (Century Properties Fund Xii)

Further Acts, etc. Mortgagor willBorrower shall, at the cost of Mortgagor, and without expense to Mortgageeits sole cost, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument, or for filing, registering or recording this MortgageSecurity Instrument or for facilitating the sale and transfer of the Loan and the Loan Documents in connection with a Secondary Market Transaction as described in Section 9.1 of the Loan Agreement. MortgagorUpon foreclosure, on demandthe appointment of a receiver or any other relevant action, will execute Borrower shall, at its sole cost, cooperate fully and deliver andcompletely to effect the assignment or transfer of any license, Mortgagor hereby authorizes Mortgagee to execute in the name of Mortgagor permit, agreement or without the signature of Mortgagor any other right necessary or useful to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively operation of the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including such rights and remedies available to Lender pursuant to this paragraph. Notwithstanding anything to the rights contrary in the immediately preceding sentence, ▇▇▇▇▇▇ shall not execute any document as attorney-in-fact of Borrower unless (x) Borrower shall have failed or refused to execute the same within five (5) Business Days after ▇▇▇▇▇▇’s request therefor, or (y) in ▇▇▇▇▇▇’s good faith determination it would be materially prejudiced by the delay involved in making such a request. ▇▇▇▇▇▇ shall give prompt notice to Borrower of any exercise of the power of attorney as provided for in Section 19 and this Section 20Paragraph 7, along with copies of all documents executed in connection therewith.

Appears in 2 contracts

Sources: Deed of Trust, Assignment of Leases and Rents, Security Agreement (Behringer Harvard Opportunity REIT I, Inc.), Deed of Trust, Assignment of Leases and Rents, Security Agreement (Behringer Harvard Reit I Inc)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagesmortgages or deeds of trust, as applicable, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this Mortgage. MortgagorSecurity Instrument and, on within five (5) Business Days of written demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights provided interests granted pursuant to this Security Instrument and to effect the intent hereof, all as fully and effectually as Borrower might or could do; and Borrower hereby ratifies all that Lender shall lawfully do or cause to be done by virtue hereof; provided, however, that Lender shall not exercise such power of attorney unless and until Borrower fails to take the required action within the five (5) Business Day time period stated above unless the failure to so exercise, could, in Lender’s reasonable judgment, result in a Material Adverse Effect. Upon (a) receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, (b) receipt of an indemnity of Lender related to losses resulting solely from the issuance of a replacement note or other applicable Loan Document or any claims for losses resulting from a claim by a party in Section 19 possession of a note previously deemed lost and this Section 20(c) in the case of any such mutilation, upon surrender and cancellation of such Note or other applicable Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other applicable Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.

Appears in 2 contracts

Sources: Mortgage, Security Agreement, Assignment of Rents and Fixture Filing (Grubb & Ellis Co), Open End Mortgage, Security Agreement, Assignment of Rents and Fixture Filing (Grubb & Ellis Co)

Further Acts, etc. Mortgagor Borrower will, at the cost of Mortgagor------------------ Borrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Agreement or for filing, registering or recording this MortgageAgreement. MortgagorBorrower, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages statements or other instruments, to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged PropertyProperties. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Borrower will, at the cost of Borrower and without expense to Lender, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage operation of or the Relevant DocumentsProperties. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including, without limitation, such rights and remedies available to Lender pursuant to this Section 20section.

Appears in 2 contracts

Sources: Loan Agreement (Capital Automotive Reit), Loan Agreement (Capital Automotive Reit)

Further Acts, etc. (a) Mortgagor will, at the cost of Mortgagor▇▇▇▇▇▇▇▇▇, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. Mortgagor▇▇▇▇▇▇▇▇▇, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor ▇▇▇▇▇▇▇▇▇ or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Mortgagee at law and in equity, including without limitation such rights and remedies available to Mortgagee pursuant to this subsection. (b) Mortgagee (and its mortgage servicer and their respective assigns) shall have the rights right to disclose in confidence such financial information regarding Mortgagor, Guarantor or the Mortgaged Property as may be necessary to (i) complete any sale or attempted sale of the Note or participations in the Loan (or any transfer of the mortgage servicing thereof), (ii) to service the Note, or (iii) to furnish information concerning the payment status of the Note to the holder or beneficial owner thereof, including, without limitation, all Loan Documents, financial statements, projections, internal memoranda, audits, reports, payment history, appraisals and any and all other information and documentation in the Mortgagee's files (and such servicer's files) relating to Mortgagor, any Guarantor and the Mortgaged Property. This authorization shall be irrevocable in favor of Mortgagee (and its mortgage servicer and their respective assigns), and ▇▇▇▇▇▇▇▇▇ and Guarantor waive any claims that they may have against Mortgagee, its mortgage servicer and their respective assigns or the party receiving information from Mortgagee pursuant hereto regarding disclosure of information in such files and further waive any alleged damages which they may suffer as a result of such disclosure. (c) Mortgagor acknowledges that Mortgagee intends -to sell the Loan (or a participation interest therein) to a party who may pool the Loan with a number of other loans and to have the holder of such loans (most likely a special purpose REMIC) issue one or more classes of Mortgage Backed Pass-Through Certificates (the "Certificates"), which may be rated by one or more national rating agencies. Mortgagee (and its mortgage servicer and their respective assigns) shall be permitted to share any of the information referred to in subsection (b) above, whether obtained before or after the date of the Note, with the holders or potential holders of the Certificates, investment banking firms, rating agencies, accounting firms, custodians, successor mortgage services, law firms and other third-party advisory firms involved with the Loan evidenced by the Note and the Loan Documents or the Certificates. It is understood that the information provided by ▇▇▇▇▇▇▇▇▇ to Mortgagee (or its mortgage servicer and their respective assigns) or otherwise received by Mortgagee (or its mortgage servicer and their respective assigns) in connection with the Loan may ultimately be incorporated into the offering documents for in Section 19 the Certificates and this Section 20thus various prospective investors may also see some or all of the information. Mortgagee (and its mortgage servicer and their respective assigns) and all of the aforesaid third-party advisors and professional firms shall be entitled to rely on the information supplied by, or on behalf of, Mortgagor.

Appears in 1 contract

Sources: Loan Agreement (Emeritus Corp\wa\)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such reasonable further acts, deeds, conveyances, mortgagesdeeds of trust, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property Property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all Legal Requirements. MortgagorBorrower, on demand, will execute and deliver and, Mortgagor hereby authorizes Mortgagee permit Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements (including, without limitation, initial financing statements and amendments thereto and continuation statements, chattel mortgages ) with or other instrumentswithout the signature of Borrower as authorized by applicable law, to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything Borrower also ratifies its authorization for Lender to have filed any like initial financing statements, amendments thereto and continuation statements, if filed prior to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under date of this Mortgage or the Relevant DocumentsSecurity Instrument. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting upon an Event of Default and during the continuance thereof any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including without limitation such rights and remedies available to Lender pursuant to this Section 205.2. To the extent not prohibited by applicable law, Borrower hereby ratifies all acts Lender has lawfully done in the past or shall lawfully do or cause to be done in the future by virtue of such power of attorney.

Appears in 1 contract

Sources: Fee and Leasehold Mortgage, Security Agreement and Fixture Filing (Maui Land & Pineapple Co Inc)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagesmortgages or deeds of trust, as applicable, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this Mortgage. MortgagorSecurity Instrument and, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights provided for interests granted pursuant to this Security Instrument and to effect the intent hereof, all as fully and effectually as Borrower might or could do; and Borrower hereby ratifies all that Lender shall lawfully do or cause to be done by virtue hereof. Upon (a) receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, (b) receipt of an indemnity from Lender related to losses resulting solely from the issuance of a replacement note or other applicable Loan Document and (c) in Section 19 the case of any such mutilation, upon surrender and this Section 20cancellation of such Note or other applicable Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other applicable Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Sources: Mortgage, Security Agreement, Assignment of Rents and Fixture Filing (Behringer Harvard Reit I Inc)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagesmortgages or deeds of trust, as applicable, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this Mortgage. MortgagorSecurity Instrument and, on within five (5) Business Days ofwritten demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights provided for interests granted pursuant to this Security Instrument and to effect the intent hereof, all as fully and effectually as Borrower might or could do; and Borrower hereby ratifies all that Lender shall lawfully do or cause to be done by virtue hereof; provided, however, that Lender shall not exercise such power of attorney unless and until Borrower fails to take the required action within the five (5) Business Day time period stated above unless the failure to so exercise, could, in Section 19 Lender's reasonable judgment, result in a Material Adverse Effect. Upon (a) receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, (b) receipt of an indemnity of Lender related to losses resulting solely from the issuance of a replacement note or other applicable Loan Document and this Section 20(c) in the case of any such mutilation, upon surrender and cancellation of such Note or other applicable Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other applicable Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Sources: Loan and Security Agreement (Etre Reit, LLC)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this MortgageMortgage or for facilitating the sale of the Loan and the Loan Documents as described in Paragraph 20(b) below. Mortgagor, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Mortgagor will, at the cost of Mortgagor and without expense to Mortgagee, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage operation of or the Relevant DocumentsMortgaged Property. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including, without limitation, such rights and remedies available to Mortgagee pursuant to this Section 20paragraph.

Appears in 1 contract

Sources: Mortgage, Assignment of Leases and Rents and Security Agreement (Cedar Income Fund LTD /Md/)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and ----------------- without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienatedaliened, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. Mortgagor, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including without limitation such rights and remedies available to Mortgagee pursuant to this Section 20paragraph 17.

Appears in 1 contract

Sources: Mortgage, Security Agreement and Assignment of Leases and Rents (Afc Enterprises Inc)

Further Acts, etc. Mortgagor Individual Borrower will, at the cost of MortgagorIndividual Borrower, and without expense to MortgageeAgent, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Agent or Trustee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Agent the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Individual Borrower may be or may hereafter become bound to convey or assign to MortgageeTrustee or Agent, for the benefit of each Lender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all Legal Requirements. MortgagorIndividual Borrower, on written demand, will execute and deliver anddeliver, Mortgagor and in the event it shall fail to so execute and deliver, hereby authorizes Mortgagee Agent to execute in the name of Mortgagor Individual Borrower or without the signature of Mortgagor Individual Borrower to the extent Mortgagee Agent may lawfully do so, one or more financing statements, chattel mortgages or other instruments, statements to evidence more effectively the security interest of Mortgagee Agent in the Mortgaged Property. Notwithstanding anything Such financing statements may describe the collateral in the same manner as described in this Security Instrument or may contain an indication or description of collateral that describes such property in any other manner, including, without limitation, all assets of the Individual Borrower, as the Agent may determine, in its sole discretion, is necessary or prudent to ensure the perfection of the security interest in the collateral granted to the contrary contained hereinAgent, Mortgagor shall not be obligated to executefor the benefit of each Lender, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documentsin connection herewith. Mortgagor Individual Borrower grants to Mortgagee Agent an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Agent at law and in equity upon the occurrence, and during the continuance of an Event of Default, including without limitation such rights provided for in Section 19 and remedies available to Agent pursuant to this Section 205.2. Notwithstanding anything to the contrary contained in the immediately preceding sentence, Agent shall not execute any documents as attorney-in-fact for Individual Borrower unless (a) Individual Borrower shall have failed or refused to execute the same within five (5) Business Days after Agent shall have given notice requesting execution thereof, or (b) an Event of Default has occurred and is continuing and in Agent’s good faith determination it would be materially prejudiced by the delay involved in making such request.

Appears in 1 contract

Sources: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Excel Trust, L.P.)

Further Acts, etc. (a) Mortgagor will, at the cost of Mortgagor▇▇▇▇▇▇▇▇▇, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this MortgageMortgage or for facilitating the sale of the Loan and the Loan Documents as described in subsection 19(b) below. Mortgagor▇▇▇▇▇▇▇▇▇, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor ▇▇▇▇▇▇▇▇▇ or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, ▇▇▇▇▇▇▇▇▇ will, at the cost of Mortgagor and without expense to Mortgagee, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or operation of the Relevant DocumentsMortgaged Property. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Mortgagee at law and in equity, including, without limitation, such rights and remedies available to Mortgagee pursuant to this section. (b) Mortgagor acknowledges that Mortgagee and its successors and assigns may (i) sell this Mortgage, the rights provided Note and other Loan Documents to one or more investors as a whole loan, (ii) participate the Loan secured by this Mortgage to one or more investors, (iii) deposit this Mortgage, the Note and other Loan Documents with a trust, which trust may sell certificates to investors evidencing an ownership interest in the trust assets, or (iv) otherwise sell the Loan or interest therein to investors (each of the transactions referred to in clauses (i) through (iv) will be hereinafter referred to as a "Secondary Market Transaction"). Mortgagor shall cooperate with Mortgagee in effecting any such Secondary Market Transaction and shall cooperate to implement all requirements imposed by any Rating Agency involved in any Secondary Market Transaction, including but not limited to, (A) providing Mortgagee an estoppel certificate and such information, legal opinions and documents relating to Mortgagor, Guarantor, if any, the Mortgaged Property and any tenants of the Mortgaged Property as Mortgagee or the Rating Agencies may reasonably request in connection with such Secondary Market Transaction, (B) amending the Loan Documents and organizational documents of ▇▇▇▇▇▇▇▇▇, and updating and/or restating officer's certificates, title insurance and other closing items, as may be required by the Rating Agencies, (C) participating in bank, investors and Rating Agencies' meetings if requested by Mortgagee, (D) upon Mortgagee's request amending the Loan Documents (and updating and/or restating officer's certificates, title insurance and other closing items in connection therewith) to divide the Loan into two or more separate or component notes, which notes may be included in separate transactions (and thus may have separate REMIC "start up dates") and have different interest rates and amortization schedules (but with aggregated financial terms which are equivalent to that of the Loan prior to such separation), and (E) reviewing the offering documents relating to any Secondary Market Transaction to ensure that all information concerning Mortgagor, the Mortgaged Property, and the Loan is correct, and certifying to the accuracy thereof. Mortgagee shall be permitted to share all such information with the investment banking firms, Rating Agencies, accounting firms, law firms and other third-party advisory firms and investors involved with the Loan and the Loan Documents or the applicable Secondary Market Transaction. Mortgagee and all of the aforesaid third-party advisors and professional firms shall be entitled to rely on the information supplied by, or on behalf of, ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇▇▇ indemnifies Mortgagee, its successors, assigns and their respective shareholders, employees, directors, officers, and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") as to any losses, claims, damages or liabilities that arise out of or are based upon any untrue statement or alleged untrue statement of any material fact contained in such information or arise out of or are based upon the omission or alleged omission to state therein a material fact required to be stated in such information or necessary in order to make the statements in such information, or in light of the circumstances under which they were made, not misleading. Mortgagee may publicize the existence of the Loan in connection with its marketing for in Section 19 and this Section 20a Secondary Market Transaction or otherwise as part of its business development.

Appears in 1 contract

Sources: Deed of Trust (First Potomac Realty Trust)

Further Acts, etc. (a) Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements statements, financing statement amendments or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this MortgageMortgage or for facilitating the sale of the Loan and the Loan Documents as described in Paragraph 19(b) below. Mortgagor, on demand, will execute and deliver and, Mortgagor hereby authorizes Mortgagee to execute in the name of Mortgagor file or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, record one or more complete financing statements, chattel mortgages continuations or other instrumentsamendments pursuant to the Uniform Commercial Code covering the Collateral, and Mortgagor will pay the cost (or reimburse Mortgagee for any such cost) of filing or recording the same in all public offices whenever and wherever such filing or recording is reasonably deemed necessary or advisable by Mortgagee to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Mortgagor will, at the reasonable cost of Mortgagor and without expense to Mortgagee, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or operation of the Relevant DocumentsMortgaged Property. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Mortgagee at law and in equity, including, without limitation, such rights and remedies available to Mortgagee pursuant to this Paragraph. (b) Mortgagor acknowledges that Mortgagee and its successors and assigns may (i) sell, assign or transfer this Mortgage, the Note and other Loan Documents to one or more investors as a whole loan, (ii) grant participation interests in the Loan to investors or issue to investors mortgage pass-through certificates or other securities evidencing a beneficial interest in a rated or unrated public offering or private placement to one or more investors, (iii) deposit this Mortgage, the Note and other Loan Documents with a trust, which trust may sell certificates to investors evidencing an ownership interest in the trust assets, (iv) transfer any and all of the servicing rights with respect to the Loan, or delegate any or all of its responsibilities as Mortgagee under the Loan Documents, (v) deem the Note to have been subdivided into multiple components with notational balances as Mortgagee may determine (provided for that the aggregate sum of the notational balances shall equal the then outstanding principal balance of the Note) and require each of the multiple components to be evidenced by a separately physical promissory note, or (vi) otherwise sell the Loan or interest therein to investors (the transactions referred to in Section 19 clauses (i) through (vi) are each referred to as a "Secondary Market Transaction"); provided, however, notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, Mortgagor shall not be obligated to take any action nor shall any such requirements be imposed in connection with a Secondary Market Transaction that would: (i) change the outstanding principal balance of the Loan; (ii) increase the interest rate or payments on the Loan; (iii) increase the rate of amortization of the Loan; (iv) shorten the Maturity Date of the Loan; (v) alter in any material way the transfer restrictions relating to direct or indirect interests in the Mortgaged Property (including any equity interests in the direct or indirect owners of Mortgagor); (vi) affect the limitations on recourse against Mortgagor or Guarantor; (vii) initiate the requirement of or increase the amounts of reserves or escrows; (viii) violate any existing agreement to which Mortgagor, Guarantor or any of their Affiliates is a party or any applicable law; or (ix) materially change any obligation of Mortgagor or Guarantor under the other Loan Documents. Mortgagor shall reasonably cooperate with Mortgagee in effecting any such Secondary Market Transaction and shall cooperate to implement all reasonable requirements imposed by any Rating Agency involved in any Secondary Market Transaction, Mortgagor shall not be obligated to incur any costs or expenses to provide such cooperation. Subject to the foregoing provisions of this Section 20.Subparagraph, Mortgagor shall execute such notes, modification and other agreements, and provide such information, legal opinions (at Mortgagee's expense) and documents relating to Mortgagor, Guarantor, if any, the Mortgaged Property and any tenants of the Improvements as Mortgagee may reasonably request in connection with such Secondary Market Transaction. In addition, Mortgagor shall make available to Mortgagee all information concerning its business and operations that Mortgagee may reasonably request. Mortgagee shall be permitted to share all such information with the investment banking firms, Rating Agencies, accounting firms, law firms and other third-party advisory firms involved with the Loan and the Loan Documents or the

Appears in 1 contract

Sources: Mortgage (American Realty Capital Healthcare Trust Inc)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without out-of- pocket expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage, or for complying with all applicable laws. Mortgagor, on demand, will execute and deliver anddeliver, Mortgagor and in the event it shall fail to so execute and deliver, hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, statements to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including, without limitation, such rights and remedies available to Mortgagee pursuant to this Section 207.02.

Appears in 1 contract

Sources: Term Loan Agreement (Hospitality Investors Trust, Inc.)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, transferring and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmedassigned, warranted, pledged, assigned transferred and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) mortgaged or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this MortgageMortgage or for facilitating the sale and transfer of the Loan and the Loan Documents as described in Section 9.1 of the Loan Agreement. Mortgagor, on demand, will execute and deliver anddeliver, and Mortgagor hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, instruments to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Mortgagor will, at the cost of Mortgagor and without expense to Mortgagee, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or operation of the Relevant DocumentsMortgaged Property. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the rights provided for in Section 19 and this Section 20.and

Appears in 1 contract

Sources: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Financing Statement (Glimcher Realty Trust)

Further Acts, etc. Mortgagor The Issuer will, at the cost of MortgagorIssuer’s expense, and without expense to Mortgageethe Indenture Trustee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee the Indenture Trustee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the Indenture Trustee the property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffedoffset, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor the Issuer may be or may hereafter become bound to convey or assign to Mortgageethe Indenture Trustee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Indenture or for filing, registering or recording this MortgageIndenture. Mortgagor, on demand, The Issuer will promptly execute and deliver and, Mortgagor and hereby authorizes Mortgagee the Indenture Trustee to execute in the name of Mortgagor the Issuer or without the signature of Mortgagor the Issuer to the extent Mortgagee the Indenture Trustee may lawfully do so, one or more financing statements, chattel mortgages statements or other instruments, to evidence more effectively the security interest of Mortgagee the Indenture Trustee in the Mortgaged PropertyProperties. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, the Issuer will, at the cost of the Issuer and without expense to the contrary contained hereinIndenture Trustee, Mortgagor shall not be obligated cooperate fully and completely to executeeffect the assignment or transfer of any license, deliverpermit, file agreement or record any additional documents which increase Mortgagor's obligations under this Mortgage other right necessary or useful to the Relevant Documentsoperation of the Mortgaged Properties. Mortgagor The Issuer grants to Mortgagee the Indenture Trustee an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to the Indenture Trustee at law and in equity, including, without limitation, such rights provided for in Section 19 and remedies available to the Indenture Trustee pursuant to this Section 20Section.

Appears in 1 contract

Sources: Indenture (Capital Automotive Reit)

Further Acts, etc. Mortgagor Grantor will, at the cost of MortgagorGrantor, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagesmortgages or deeds of trust, as applicable, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor Grantor may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this Mortgage. MortgagorSecurity Instrument and, on within five (5) Business Days of written demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Grantor or without the signature of Mortgagor Grantor to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Grantor grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights provided for interests granted pursuant to this Security Instrument and to effect the intent hereof, all as fully and effectually as Grantor might or could do; and Grantor hereby ratifies all that Lender shall lawfully do or cause to be done by virtue hereof; provided, however, that Lender shall not exercise such power of attorney unless and until Grantor fails to take the required action within the five (5) Business Day time period stated above unless the failure to so exercise, could, in Section 19 Lender’s reasonable judgment, result in a Material Adverse Effect. Upon (a) receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, (b) receipt of an indemnity of Lender related to losses resulting solely from the issuance of a replacement note or other applicable Loan Document and this Section 20(c) in the case of any such mutilation, upon surrender and cancellation of such Note or other applicable Loan Document, Grantor will issue, in lieu thereof, a replacement Note or other applicable Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Sources: Mortgage, Security Agreement, Assignment of Rents and Fixture Filing (RLJ Lodging Trust)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagesmortgages or deeds of trust, as applicable, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this Mortgage. MortgagorSecurity Instrument and, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights provided for interests granted pursuant to this Security Instrument and to effect the intent hereof, all as fully and effectually as Borrower might or could do; and Borrower hereby ratifies all that Lender shall lawfully do or cause to be done by virtue hereof. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in Section 19 the case of any such mutilation, upon surrender and this Section 20cancellation of such Note or other applicable Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other applicable Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Sources: Mortgage, Security Agreement, Assignment of Rents and Fixture Filing (CNL Hotels & Resorts, Inc.)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and ----------------- without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienatedaliened, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. Mortgagor, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including without limitation such rights and remedies available to Mortgagee pursuant to this Section 20paragraph 18.

Appears in 1 contract

Sources: Leasehold Mortgage (Afc Enterprises Inc)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all Legal Requirements (as defined in the Loan Agreement). Mortgagor, on demand, will execute and deliver anddeliver, Mortgagor and in the event it shall fail to so execute and deliver, hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, statements to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including without limitation, such rights and remedies available to Mortgagee pursuant to this Section 205.2.

Appears in 1 contract

Sources: Open End Mortgage and Security Agreement (Pennsylvania Real Estate Investment Trust)

Further Acts, etc. Mortgagor willBorrower shall, at the cost of Mortgagor, and without expense to Mortgageeits sole cost, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, grantings, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument, or for filing, registering or recording this MortgageSecurity Instrument or for facilitating the sale and transfer of the Loan and the Loan Documents in connection with a Secondary Market Transaction as described in Section 9.1 of the Loan Agreement. MortgagorUpon foreclosure, on demandthe appointment of a receiver or any other relevant action, will execute Borrower shall, at its sole cost, cooperate fully and deliver andcompletely to effect the assignment or transfer of any license, Mortgagor hereby authorizes Mortgagee to execute in the name of Mortgagor permit, agreement or without the signature of Mortgagor any other right necessary or useful to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively operation of the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including such rights and remedies available to Lender pursuant to this paragraph. Notwithstanding anything to the rights contrary in the immediately preceding sentence, Lender shall not execute any document as attorney-in-fact of Borrower unless (x) Borrower shall have failed or refused to execute the same within five (5) Business Days after Lender’s request therefor, or (y) in Lender’s good faith determination it would be materially prejudiced by the delay involved in making such a request. Lender shall give prompt notice to Borrower of any exercise of the power of attorney as provided for in Section 19 and this Section 20Paragraph 7, along with copies of all documents executed in connection therewith.

Appears in 1 contract

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

Further Acts, etc. Mortgagor Mortgagors will, at the cost of MortgagorMortgagors, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property Property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Mortgagors may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all Legal Requirements. MortgagorMortgagors, on demand, will execute and deliver andand hereby authorize Mortgagee, Mortgagor hereby authorizes Mortgagee following ten (10) days’ notice to the applicable Mortgagor(s), to execute in the name of Mortgagor such Mortgagor(s) or without the signature of Mortgagor such Mortgagor(s) to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged PropertyProperty or any UCC Collateral. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants Mortgagors grant to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of, from and after an Event of Default (as defined in the Loan Agreement), exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including, without limitation, such rights and remedies available to Mortgagee pursuant to this Section 206.2.

Appears in 1 contract

Sources: Mortgage, Fixture Filing and Security Agreement (FelCor Lodging Trust Inc)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignmentassignments, Uniform Commercial Code transfers, deeds to secure debt, financing statements (including any amendment or continuation statementsthereof), transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this Mortgage. MortgagorSecurity Instrument, on demandor for complying with all Applicable Laws, will execute and deliver and, Mortgagor Borrower hereby authorizes Mortgagee Lender to execute any of the foregoing in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee that Lender may lawfully do so. Borrower hereby authorizes Lender to file in the appropriate filing or recording offices, with or without the signature of Borrower, one or more financing statementsstatements (including any amendment or continuation thereof), chattel mortgages or other instrumentsinstruments to establish, to maintain, or evidence more effectively the validity, perfection or priority of the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including without limitation all rights and remedies available to Lender pursuant to this Section 207.2.

Appears in 1 contract

Sources: Mortgage and Security Agreement (Paladin Realty Income Properties Inc)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property Property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this Mortgage. MortgagorSecurity Instrument, on demandor for complying with all Legal Requirements, will execute and deliver and, Mortgagor Borrower hereby authorizes Mortgagee Lender to execute any of the foregoing in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee that Lender may lawfully do so. Borrower hereby authorizes Lender to file in the appropriate filing or recording offices, with or without the signature of Borrower, one or more financing statementsstatements (including any amendment or continuation thereof), chattel mortgages or other instrumentsinstruments to establish, to maintain, or evidence more effectively the validity, perfection or priority of the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including without limitation such rights and remedies available to Lender pursuant to this Section 205.2.

Appears in 1 contract

Sources: Mortgage and Security Agreement (Manufactured Housing Properties Inc.)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. Mortgagor, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Mortgagee at law and in equity, including without limitation such rights and remedies available to Mortgagee pursuant to this paragraph. (a) Mortgagee (and its mortgage servicer and their respective assigns) shall have the rights right to disclose in confidence such financial information regarding Mortgagor, Guarantor or the Mortgaged Property as may be necessary (i) to complete any sale or attempted sale of the Note or participations in the loan (or any transfer of the mortgage servicing thereof) evidenced by the Note and the Loan Documents, (ii) to service the Note or (iii) to furnish information concerning the payment status of the Note to the holder or beneficial owner thereof, including, without limitation, all Loan Documents, financial statements, projections, internal memoranda, audits, reports, payment history, appraisals and any and all other information and documentation in the Mortgagee's files (and such servicer's files) relating to the Mortgagor, any Guarantor and the Mortgaged Property. This authorization shall be irrevocable in favor of the Mortgagee (and its mortgage servicer and their respective assigns), and Mortgagor and Guarantor waive any claims that they may have against the Mortgagee, its mortgage servicer and their respective assigns or the party receiving information from the Mortgagee pursuant hereto regarding disclosure of information in such files and further waive any alleged damages which they may suffer as a result of such disclosure. (b) The Mortgagor acknowledges that the Mortgagee intends to sell the loan evidenced by the Note and the Loan Documents or a participation interest therein to a party who may pool the loan with a number of other loans and to have the holder of such loans (most likely a special purpose REMIC) issue one or more classes of Mortgage Backed Pass-Through Certificates (the "Certificates"), which may be rated by one or more national rating agencies. Mortgagee (and its mortgage servicer and their respective assigns) shall be permitted to share any of the information referred to in subsection (b) above, whether obtained before or after the date of the Note, with the holders or potential holders of the Certificates, investment banking firms, rating agencies, accounting firms, custodians, successor mortgage servicers, law firms and other third-party advisory firms involved with the loan evidenced by the Note and the Loan Documents or the Certificates. It is understood that the information provided by the Mortgagor to the Mortgagee (or its mortgage servicer and their respective assigns) or otherwise received by Mortgagee (or its mortgage servicer and their respective assigns) in connection with the loan evidenced by the Loan Documents may ultimately be incorporated into the offering documents for in Section 19 the Certificates and this Section 20thus various prospective investors may also see some or all of the information. The Mortgagee (and its mortgage servicer and their respective assigns) and all of the aforesaid third-party advisors and professional firms shall be entitled to rely on the information supplied by, or on behalf of, the Mortgagor.

Appears in 1 contract

Sources: Mortgage, Deed of Trust and Security Agreement (Concord Milestone Plus L P)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. Mortgagor, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Mortgagor will, at the cost of Mortgagor and without expense to Mortgagee, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage operation of or the Relevant DocumentsMortgaged Property. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including, without limitation, such rights and remedies available to Mortgagee pursuant to this Section 20paragraph.

Appears in 1 contract

Sources: Mortgage, Assignment of Leases and Rents, and Security Agreement (Oneida LTD)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge acknowledge, and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienatedaliened, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. Mortgagor, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including without limitation such rights and remedies available to Mortgagee pursuant to this Section 20paragraph 16.

Appears in 1 contract

Sources: Loan and Security Agreement (Aqua Care Systems Inc /De/)

Further Acts, etc. Mortgagor Borrower will, at the Borrower’s sole cost of Mortgagorand expense, and without expense to MortgageeAdministrative Agent or any Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shallAdministrative Agent may, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Administrative Agent (for the benefit of itself and the Lenders) the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeAdministrative Agent, for the benefit of Administrative Agent and the Lenders, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all applicable Laws and Governmental Requirements. MortgagorBorrower, on demandwithin ten (10) Business Days following written demand by Administrative Agent, will execute and deliver anddeliver, Mortgagor and in the event it fails to so execute and deliver, hereby authorizes Mortgagee Administrative Agent to execute in the name of Mortgagor Borrower or file or record without the signature of Mortgagor Borrower to the extent Mortgagee Administrative Agent may lawfully do so, one or more financing statements (including initial financing statements and amendments thereto and continuation statements, chattel mortgages or other instruments), to evidence more effectively the security interest of Mortgagee Administrative Agent in the Mortgaged Property. Notwithstanding anything Borrower also ratifies its authorization for Administrative Agent to have filed or recorded any like initial financing statements, amendments thereto and continuation statements, if filed or recorded prior to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under date of this Mortgage or the Relevant DocumentsSecurity Instrument. Mortgagor Borrower grants to Mortgagee Administrative Agent an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Administrative Agent at law and in equity, including such rights and remedies available to Administrative Agent pursuant to this Section. To the rights provided for extent not prohibited by applicable law, Borrower hereby ratifies all acts Administrative Agent has lawfully done in Section 19 and this Section 20the past or will lawfully do or cause to be done in the future by virtue of such power of attorney.

Appears in 1 contract

Sources: Construction Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (KBS Real Estate Investment Trust III, Inc.)

Further Acts, etc. Mortgagor will, at the sole cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, transferring and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienatedaliened, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. MortgagorMortgage and, on demand, will execute and deliver andwithin five (5) business days after request of Mortgagee, and if Mortgagor fails to so deliver, hereby authorizes Mortgagee thereafter to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other Loan No. 6518217 comparable security instruments, to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including without limitation such rights and remedies available to Mortgagee pursuant to this Section 20PARAGRAPH 30.

Appears in 1 contract

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

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, ------------------ and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor Borrower may be or may 45 hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Agreement or for filing, registering or recording this MortgageAgreement. MortgagorBorrower, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages statements or other instruments, to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged PropertyProperties. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Borrower will, at the cost of Borrower and without expense to Lender, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage operation of or the Relevant DocumentsProperties. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including, without limitation, such rights and remedies available to Lender pursuant to this Section 20section.

Appears in 1 contract

Sources: Loan Agreement (Capital Automotive Reit)

Further Acts, etc. Mortgagor Each of Additional Obligor and Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Additional Obligor or Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Agreement or for filing, registering or recording this Mortgagethe Security Instrument, or for complying with all Legal Requirements., provided, however, the same shall not increase Additional Obligor’s or Borrower’s obligations or decrease any right of Borrower or Additional Obligor under the Loan Documents, other than to a de minimis extent. MortgagorEach of Additional Obligor and Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver andwithin five (5) Business Days following written notice from Lender, Mortgagor hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor (x) Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, statements to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything Property and (y) Additional Obligor to the contrary contained hereinextent Lender may lawfully do so, Mortgagor shall not be obligated one or more financing statements to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or evidence more effectively the Relevant Documentssecurity interest of Lender in the applicable Collateral. Mortgagor Each of Additional Obligor and Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 2015.3, provided, however, Lender shall not execute any such documents under such power unless an Event of Default exists.

Appears in 1 contract

Sources: Loan Agreement (Retail Value Inc.)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor▇▇▇▇▇▇▇▇▇, and ----------------- without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienatedaliened, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. Mortgagor▇▇▇▇▇▇▇▇▇, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor ▇▇▇▇▇▇▇▇▇ or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including without limitation such rights and remedies available to Mortgagee pursuant to this Section 20paragraph 18.

Appears in 1 contract

Sources: Franchise Agreement (Afc Enterprises Inc)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagesmortgages or deeds of trust, as applicable, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender or Trustee shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender and Trustee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender and Trustee , or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this Mortgage. MortgagorSecurity Instrument and, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights provided for interests granted pursuant to this Security Instrument and to effect the intent hereof, all as fully and effectually as Borrower might or could do; and Borrower hereby ratifies all that Lender shall lawfully do or cause to be done by virtue hereof; provided, however, that Lender shall not exercise such power of attorney unless and until Borrower fails to take the required action within the five (5) Business Day time period stated above unless the failure to so exercise, could, in Section 19 Lender’s reasonable judgment, result in a Material Adverse Effect. Upon (a) receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, (b) receipt of an indemnity of Lender related to losses resulting solely from the issuance of a replacement note or other applicable Loan Document and this Section 20(c) in the case of any such mutilation, upon surrender and cancellation of such Note or other applicable Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other applicable Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Sources: Deed of Trust, Security Agreement, Assignment of Rents and Fixture Filing (Pebblebrook Hotel Trust)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienatedaliened, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. Mortgagor, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including without limitation such rights and remedies available to Mortgagee pursuant to this Section 20paragraph 17.

Appears in 1 contract

Sources: Open End Mortgage Deed and Security Agreement

Further Acts, etc. Mortgagor willBorrower and Guarantor shall (provided the same shall not increase any obligations, or decrease any rights, of Borrower or Guarantor under the Loan Documents), at the cost and expense of MortgagorBorrower and Guarantor, and without expense to MortgageeAdministrative Agent or Lenders, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagesassignments, assignmentssecurity agreements, control agreements, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Administrative Agent shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lenders the property Property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower or Guarantor may be or may hereafter become bound to convey or assign to MortgageeLenders, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Agreement or for filingfiling or registering of the Security Instrument, registering or recording this Mortgagefor complying with all Legal Requirements. MortgagorBorrower and Guarantor, on demand, will execute shall deliver, and deliver andin the event Borrower or Guarantor shall fail to so deliver, Mortgagor hereby authorizes Mortgagee Administrative Agent to execute file, in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do soBorrower and Guarantor, one or more financing statements, chattel mortgages or other instruments, statements and financing statement amendments to evidence more effectively effectively, perfect and maintain the priority of the security interest of Mortgagee Lenders in the Mortgaged Property. Notwithstanding anything Upon the occurrence and during the continuance of an Event of Default, Borrower and Guarantor grant to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee Lenders and Administrative Agent an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lenders or Administrative Agent at law and in Section 19 equity, including without limitation, such rights and remedies available to Lenders or Administrative Agent pursuant to this Section 2010.14.2.

Appears in 1 contract

Sources: Loan Agreement (Reading International Inc)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage, or for complying with all Legal Requirements. Mortgagor, on demand, will execute and deliver anddeliver, Mortgagor and in the event it shall fail to so execute and deliver, hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, statements to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including, without limitation, perfecting and exercising such rights and remedies available to Mortgagee pursuant to this Section 205.02, provided, that, Mortgagee shall not use such power of attorney to exercise any remedy unrelated to perfecting or further securing its rights hereunder other than following the occurrence of an Event of Default and the continuance thereof.

Appears in 1 contract

Sources: Mortgage, Assignment of Leases and Rents and Security Agreement (New York REIT, Inc.)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and and, except as may be otherwise provided in Article 11 of this Agreement, without expense to MortgageeAdministrative Agent or any Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Administrative Agent shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lenders and/or Administrative Agent, for the benefit of Lenders, the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeAdministrative Agent, for the benefit of Lenders, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Agreement or for filing, registering or recording this Mortgagethe Security Instrument, or for complying with all Legal Requirements, provided, however, the same shall not otherwise increase Borrower’s obligations or decrease any rights of Borrower under the Loan Documents, other than (i) to a de minimis extent, or (ii) to the extent necessary to correct any scrivener’s error in a manner consistent with the parties’ intention in connection with the Loan. MortgagorBorrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver andwithin five (5) Business Days following written notice from Administrative Agent, Mortgagor hereby authorizes Mortgagee Administrative Agent to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Administrative Agent may lawfully do so, one or more financing statements, chattel mortgages or other instruments, statements to evidence more effectively perfect the security interest of Mortgagee Administrative Agent, for the benefit of Lenders in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Administrative Agent an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Administrative Agent and Lenders at law and in Section 19 equity, including without limitation, such rights and remedies available to Administrative Agent and Lenders pursuant to this Section 2015.3; provided, however, Administrative Agent shall not execute any such documents under such power unless an Event of Default exists or Borrower has failed to do so after five (5) days written notice has been given to Borrower by Administrative Agent of Administrative Agent’s interest to exercise its rights under such power.

Appears in 1 contract

Sources: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Further Acts, etc. (a) Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffedinfeft, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this MortgageMortgage or for facilitating the sale of the Loan and the Loan Documents as described in Subsection 19(b) below. Mortgagor, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Mortgagor will, at the cost of Mortgagor and without expense to Mortgagee, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or operation of the Relevant DocumentsMortgaged Property. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Mortgagee at law and in equity, including, without limitation, such rights and remedies available to Mortgagee pursuant to this section. (b) Mortgagor acknowledges that Mortgagee and its successors and assigns may (i) sell this Mortgage, the rights provided Note and other Loan Documents to one or more investors as a whole loan, (ii) participate the Loan secured by this Mortgage to one or more investors, (iii) deposit this Mortgage, the Note and other Loan Documents with a trust, which trust may sell certificates to investors evidencing an ownership interest in the trust assets, or (iv) otherwise sell the Loan or interest therein to investors (the transactions referred to in clauses (i) through (iv) are hereinafter each referred to as a "Secondary Market Transaction"). Mortgagor shall cooperate with Mortgagee in effecting any such Secondary Market Transaction and shall cooperate to implement all requirements imposed by any Rating Agency involved in any Secondary Market Transaction, including but not limited to, (a) providing Mortgagee an estoppel certificate and such information, legal opinions and documents relating to Mortgagor, Guarantor, if any, the Mortgaged Property and any tenants of the Mortgaged Property as Mortgagee or the Rating Agencies may reasonably request in connection with such Secondary Market Transaction, (b) amending the Loan Documents and organizational documents of Mortgagor, and updating and/or restating officer's certificates, title insurance and other closing items, as may be required by the Rating Agencies, (c) participating in bank, investors and Rating Agencies' meetings if requested by Mortgagee, (d) upon Mortgagee's request amending the Loan Documents (and updating and/or restating officer's certificates, title insurance and other closing items in connection therewith) to divide the Loan into two or more separate or component notes, which notes may be included in separate transactions (and thus may have separate REMIC "start up dates") and have different interest rates and amortization schedules (but with aggregated financial terms which are equivalent to that of the Loan prior to such separation) and (e) reviewing the offering documents relating to any Secondary Market Transaction to ensure that all information concerning Mortgagor, the Mortgaged Property, and the Loan is correct, and certifying to the accuracy thereof. Mortgagee shall be permitted to share all such information with the investment banking firms, Rating Agencies, accounting firms, law firms and other third-party advisory firms and investors involved with the Loan and the Loan Documents or the applicable Secondary Market Transaction. Mortgagee and all of the aforesaid third-party advisors and professional firms shall be entitled to rely on the information supplied by, or on behalf of, Mortgagor and Mortgagor indemnifies Mortgagee, its successors, assigns and their respective shareholders, employees, directors, officers, and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") as to any losses, claims, damages or liabilities that arise out of or are based upon any untrue statement of any material fact contained in such information or arise out of or are based upon the omission or alleged omission to state therein a material fact required to be stated in such information or necessary in order to make the statements in such information, or in light of the circumstances under which they were made, not misleading. Mortgagee may publicize the existence of the Loan in connection with its marketing for in Section 19 and this Section 20a Secondary Market Transaction or otherwise as part of its business development.

Appears in 1 contract

Sources: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Ramco Gershenson Properties Trust)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. Mortgagor, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including without limitation such rights and remedies available to Mortgagee pursuant to this Section 20paragraph.

Appears in 1 contract

Sources: Second Mortgage and Security Agreement (Janus American Group Inc)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property Property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage, or for complying with all Legal Requirements. Mortgagor, on demand, will execute and deliver anddeliver, Mortgagor and in the event it shall fail to so execute and deliver, hereby authorizes Mortgagee Lender to execute in the name of Mortgagor to the extent Lender may lawfully do so (or in the case of financing statements, without the signature of Mortgagor to the extent Mortgagee may lawfully do soMortgagor), one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged PropertyProperty and the Collateral. Notwithstanding anything Such financing statements may describe as the collateral covered thereby “all assets of the debtor, whether now owned or hereafter acquired” or words to that effect, notwithstanding that such collateral description may be broader in scope than the contrary contained collateral described herein. Lender shall provide Mortgagor with copies of any notices and/or instruments of filings executed by Lender in accordance with the immediately preceding sentence, Mortgagor provided, that failure by Lender to provide such copies shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or affect the Relevant Documentsvalidity thereof. Mortgagor grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity upon the occurrence and during the continuance of an Event of Default, including without limitation, such rights provided for in Section 19 and remedies available to Lender pursuant to this Section 205.2. Notwithstanding anything to the contrary in the immediately preceding sentence, Lender shall not execute any documents as attorney in fact for Mortgagor unless Mortgagor shall have failed or refused to execute the same within three (3) Business Days after receipt of Lender’s request thereof.

Appears in 1 contract

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

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all Applicable Laws, provided, that such action shall not alter the material terms of the Loan Documents. MortgagorBorrower, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including without limitation such rights and remedies available to Lender pursuant to this Section 207.2; provided, however, that, Lender shall not exercise such power of attorney prior to the expiration of (a) thirty (30) days after written notice to Borrower or (b) such shorter period if deemed reasonably necessary by Lender in order to preserve such rights and remedies.

Appears in 1 contract

Sources: Mortgage and Security Agreement (Alexanders Inc)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagesmortgages or deeds of trust, as applicable, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender or Trustee shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender and Trustee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender and Trustee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this Mortgage. MortgagorSecurity Instrument and, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights provided for interests granted pursuant to this Security Instrument and to effect the intent hereof, all as fully and effectually as Borrower might or could do; and Borrower hereby ratifies all that Lender shall lawfully do or cause to be done by virtue hereof; provided, however, that Lender shall not exercise such power of attorney unless and until Borrower fails to take the required action within the five (5) Business Day time period stated above unless the failure to so exercise, could, in Section 19 Lender’s reasonable judgment, result in a Material Adverse Effect. Upon (a) receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, (b) receipt of an indemnity of Lender related to losses resulting solely from the issuance of a replacement note or other applicable Loan Document and this Section 20.(c) in the case of any such mutilation, upon surrender and cancellation of such Note or other applicable Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other applicable Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor. 35

Appears in 1 contract

Sources: Deed of Trust, Security Agreement, Assignment of Rents and Fixture Filing (Pebblebrook Hotel Trust)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and ------------------ without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Agreement or for filing, registering or recording this MortgageAgreement. MortgagorBorrower, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages statements or other instruments, to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged PropertyProperties. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Borrower will, at the cost of Borrower and without expense to Lender, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage operation of or the Relevant DocumentsProperties. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including, without limitation, such rights and remedies available to Lender pursuant to this Section 20section.

Appears in 1 contract

Sources: Loan Agreement (Capital Automotive Reit)

Further Acts, etc. Mortgagor (a) Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeGrantee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee Grantee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Grantee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffedinfeft, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeGrantee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument or for facilitating the sale of the Loan and the Loan Documents as described in subsection 19(b) below. MortgagorBorrower, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Grantee to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Grantee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee Grantee in the Mortgaged Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Borrower will, at the cost of Borrower and without expense to Grantee, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or operation of the Relevant DocumentsProperty. Mortgagor Borrower grants to Mortgagee Grantee an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Grantee at law and in equity, including, without limitation, such rights and remedies available to Grantee pursuant to this section. (b) Borrower acknowledges that Grantee and its successors and assigns may (i) sell this Security Instrument, the rights provided Note and other Loan Documents to one or more investors as a whole loan, (ii) participate the Loan secured by this Security Instrument to one or more investors, (iii) deposit this Security Instrument, the Note and other Loan Documents with a trust, which trust may sell certificates to investors evidencing an ownership interest in the trust assets, or (iv) otherwise sell the Loan or interest therein to investors (the transactions referred to in clauses (i) through (iv) are hereinafter each referred to as a “Secondary Market Transaction”). Borrower shall cooperate with Grantee in effecting any such Secondary Market Transaction and shall cooperate to implement all requirements imposed by any Rating Agency involved in any Secondary Market Transaction, including but not limited to, (a) providing Grantee an estoppel certificate and such information, legal opinions and documents relating to Borrower, Guarantor, if any, the Property and any tenants of the Property as Grantee or the Rating Agencies may reasonably request in connection with such Secondary Market Transaction, (b) amending the Loan Documents and organizational documents of Borrower, and updating and/or restating officer’s certificates, title insurance and other closing items, as may be required by the Rating Agencies, (c) participating in bank, investors and Rating Agencies’ meetings if requested by Grantee, (d) upon Grantee’s request amending the Loan Documents (and updating and/or restating officer’s certificates, title insurance and other closing items in connection therewith) to divide the Loan into two or more separate or component notes, which notes may be included in separate transactions (and thus may have separate REMIC “start up dates”) and have different interest rates and amortization schedules (but with aggregated financial terms which are equivalent to that of the Loan prior to such separation) and (e) reviewing the offering documents relating to any Secondary Market Transaction to ensure that all information concerning Borrower, the Property, and the Loan is correct, and certifying to the accuracy thereof. Grantee shall be permitted to share all such information with the investment banking firms, Rating Agencies, accounting firms, law firms and other third-party advisory firms and investors involved with the Loan and the Loan Documents or the applicable Secondary Market Transaction. Grantee and all of the aforesaid third-party advisors and professional firms shall be entitled to rely on the information supplied by, or on behalf of, Borrower and Borrower indemnifies Grantee, its successors, assigns and their respective shareholders, employees, directors, officers, and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) as to any losses, claims, damages or liabilities that arise out of or are based upon any untrue statement or alleged untrue statement of any material fact contained in such information or arise out of or are based upon the omission or alleged omission to state therein a material fact required to be stated in such information or necessary in order to make the statements in such information, or in light of the circumstances under which they were made, not misleading. Grantee may publicize the existence of the Loan in connection with its marketing for in Section 19 and this Section 20a Secondary Market Transaction or otherwise as part of its business development.

Appears in 1 contract

Sources: Deed to Secure Debt, Assignment of Leases and Rents and Security Agreement (KBS Strategic Opportunity REIT, Inc.)

Further Acts, etc. (a) Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this MortgageMortgage or for facilitating the sale of the Loan and the Loan Documents as described in Subsection 19(b) below. Mortgagor, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Mortgagor will, at the cost of Mortgagor and without expense to Mortgagee, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or operation of the Relevant DocumentsMortgaged Property. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of perfecting and, after the occurrence and during the continuance of an Event of Default, exercising any and all rights and remedies available to Mortgagee at law and in equity, including, without limitation, such rights and remedies available to Mortgagee pursuant to this section. (b) Mortgagor acknowledges that Mortgagee and its successors and assigns may (i) sell this Mortgage, the rights provided Note and other Loan Documents to one or more investors as a whole loan, (ii) participate the Loan secured by this Mortgage to one or more investors, (iii) sell this Mortgage, the Note and other Loan Documents to a depositor which entity shall deposit this Mortgage, the Note and the other Loan Documents with a trust, which trust may sell certificates to investors evidencing an ownership interest in the trust assets, or (iv) otherwise sell the Loan or interest therein to investors (the transactions referred to in clauses (i) through (iv) are hereinafter each referred to as a "Secondary Market Transaction"). Mortgagor shall cooperate with Mortgagee in effecting any such Secondary Market Transaction and shall cooperate to implement all requirements imposed by any Rating Agency involved in any Secondary Market Transaction. Mortgagor shall provide such information, legal opinions and documents relating to Mortgagor, Guarantor, if any, the Mortgaged Property and any tenants of the Improvements as Mortgagee may reasonably request in connection with such Secondary Market Transaction. Mortgagee shall be responsible for payment of the reasonable out-of-pocket expenses incurred by Mortgagor in Section 19 complying with the two preceding sentences (other than amendments to the articles of incorporation or partnership agreement of Mortgagor referred to in an undelivered items letter). In addition, Mortgagor shall make available to Mortgagee all information concerning its business and this Section 20operations that Mortgagee may reasonably request. Mortgagee shall be permitted to share all such information with the investment banking firms, Rating Agencies, accounting firms, law firms and other third- party advisory firms and investors involved with the Loan and the Loan Documents or the applicable Secondary Market Transaction; provided, however, that Mortgagee shall use reasonable efforts to preserve the confidentiality of any nonpublic information. Mortgagee and all of the aforesaid third-party advisors and professional firms shall be entitled to rely on the information supplied by, or on behalf of, Mortgagor and Mortgagor indemnifies Mortgagee, its successors, assigns and their respective shareholders, employees, directors, officers, and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") as to any losses, claims, damages or liabilities that arise out of or are based upon any untrue statement or alleged untrue statement of any material fact contained in such information or arise out of or are based upon the omission or alleged omission to state therein a material fact required to be stated in such information or necessary in order to make the statements in such information, or in light of the circumstances under which they were made, not misleading. Mortgagee may publicize the existence of the Loan in connection with its marketing for a Secondary Market Transaction or otherwise as part of its business development.

Appears in 1 contract

Sources: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Kranzco Realty Trust)

Further Acts, etc. Mortgagor (a) Borrower will, at the cost of Mortgagor▇▇▇▇▇▇▇▇, and without expense to Mortgagee▇▇▇▇▇▇, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements statements, financing statement amendments or continuation statements, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Deed or for filing, registering or recording this MortgageSecurity Deed or for facilitating the sale of the Loan and the Loan Documents as described in Paragraph 19(b) below. Mortgagor▇▇▇▇▇▇▇▇, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee ▇▇▇▇▇▇ to execute in the name of Mortgagor ▇▇▇▇▇▇▇▇ or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, financing statement amendments, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee ▇▇▇▇▇▇ in the Mortgaged Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Borrower will, at the cost of Borrower and without expense to ▇▇▇▇▇▇, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or operation of the Relevant DocumentsProperty. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including, without limitation, such rights and remedies available to Lender pursuant to this paragraph. (b) Borrower acknowledges that Lender and its successors and assigns may (i) sell, assign or transfer this Security Deed, the Note and other Loan Documents to one or more investors as a whole loan, (ii) grant participation interests in the Loan to investors or issue to investors mortgage pass-through certificates or other securities evidencing a beneficial interest in a rated or unrated public offering or private placement to one or more investors, (iii) deposit this Security Deed, the Note and other Loan Documents with a trust, which trust may sell certificates to investors evidencing an ownership interest in the trust assets, (vi) transfer any and all of the servicing rights with respect to the Loan, or delegate any or all of its responsibilities as Lender under the Loan Documents, (v) deem the Note to have been subdivided into multiple components with notational balances as Lender may determine (provided that the aggregate sum of the notational balances shall equal the then outstanding principal balance of the Note) and require each of the multiple components to be evidenced by a separately physical promissory note, or (vi) otherwise sell the Loan or interest therein to investors (the transactions referred to in clauses (i) through (vi) are hereinafter each referred to as “Secondary Market Transaction”); provided, however, notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, Borrower shall not be obligated to take any action nor shall any such requirements be imposed in connection with a Secondary Market Transaction that would: (i) change the outstanding principal balance of the Loan; (ii) increase the interest rate or payments on the Loan; (iii) increase the rate of amortization of the Loan; (iv) shorten the maturity date of the Loan; (v) alter in any material way the transfer restrictions relating to direct or indirect interests in the Property (including any equity interests in the direct or indirect owners of Borrower); (vi) affect the limitations on recourse against Borrower; (vii) increase the amounts of reserves or escrows; (viii) violate any existing agreement to which Borrower, Guarantor or any of their affiliates is a party or any applicable law; or (ix) materially change any obligation of Borrower under the other Loan Documents. Borrower shall cooperate with Lender in effecting any such Secondary Market Transaction and shall cooperate to implement all requirements imposed by any Rating Agency involved in any Secondary Market Transaction, provided that except for any of Borrower’s own counsel fees, Borrower shall not be obligated to incur any costs or expenses to provide such cooperation. Subject to the foregoing provisions of this Subparagraph, Borrower shall execute such notes, modification and other agreements and provide such information, legal opinions and documents relating to Borrower, Guarantor, if any, the Property and any tenants of the Improvements as Lender may reasonably request in Section 19 connection with such Secondary Market Transaction. In addition, Borrower shall make available to Lender all information concerning its business and this Section 20operations that Lender may reasonably request. Lender shall be permitted to share all such information with the investment banking firms, Rating Agencies, accounting firms, law firms and other third-party advisory firms involved with the Loan and the Loan Documents or the applicable Secondary Market Transaction. It is understood that the information provided by ▇▇▇▇▇▇▇▇ to Lender may ultimately be incorporated into the offering documents for the Secondary Market Transaction and thus various investors may also see some or all of the information. Lender and all of the aforesaid third-party advisors and professional firms shall be entitled to rely on the information supplied by, or on behalf of, ▇▇▇▇▇▇▇▇ and Borrower indemnifies Lender as to any losses, claims, damages or liabilities that arise out of or are based upon any untrue statement or alleged untrue statement of any material fact contained in such information or arise out of or are based upon the omission or alleged omission to state therein a material fact required to be stated in such information or necessary in order to make the statements m such information, or in light of the circumstances under which they were made, not misleading. Lender may publicize the existence of the Loan in connection with its marketing for a Secondary Market Transaction or otherwise as part of its business development.

Appears in 1 contract

Sources: Deed to Secure Debt, Assignment of Rents and Security Agreement (NNN Healthcare/Office REIT, Inc.)

Further Acts, etc. (a) Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements statements, financing statement amendments or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this MortgageMortgage or for facilitating the sale of the Loan and the Loan Documents as described in Paragraph 19(b) below. Mortgagor, on demand, will execute and deliver and, Mortgagor hereby authorizes Mortgagee to execute in the name of Mortgagor file or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, record one or more complete financing statements, chattel mortgages continuations or other instrumentsamendments pursuant to the Uniform Commercial Code covering the Collateral, and Mortgagor will pay the cost (or reimburse Mortgagee for any such cost) of filing or recording the same in all public offices whenever and wherever such filing or recording is reasonably deemed necessary or advisable by Mortgagee to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Mortgagor will, at the reasonable cost of Mortgagor and without expense to Mortgagee, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or operation of the Relevant DocumentsMortgaged Property. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Mortgagee at law and in equity, including, without limitation, such rights and remedies available to Mortgagee pursuant to this Paragraph. (b) Mortgagor acknowledges that Mortgagee and its successors and assigns may (i) sell, assign or transfer this Mortgage, the Note and other Loan Documents to one or more investors as a whole loan, (ii) grant participation interests in the Loan to investors or issue to investors mortgage pass-through certificates or other securities evidencing a beneficial interest in a rated or unrated public offering or private placement to one or more investors, (iii) deposit this Mortgage, the Note and other Loan Documents with a trust, which trust may sell certificates to investors evidencing an ownership interest in the trust assets, (iv) transfer any and all of the servicing rights with respect to the Loan, or delegate any or all of its responsibilities as Mortgagee under the Loan Documents, (v) deem the Note to have been subdivided into multiple components with notational balances as Mortgagee may determine (provided that the aggregate sum of the notational balances shall equal the then outstanding principal balance of the Note) and require each of the multiple components to be evidenced by a separately physical promissory note, or (vi) otherwise sell the Loan or interest therein to investors (the transactions referred to in clauses (i) through (vi) are each referred to as a "Secondary Market Transaction"); provided, however, notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, Mortgagor shall not be obligated to take any action nor shall any such requirements be imposed in connection with a Secondary Market Transaction that would: (i) change the outstanding principal balance of the Loan; (ii) increase the interest rate or payments on the Loan; (iii) increase the rate of amortization of the Loan; (iv) shorten the Maturity Date of the Loan; (v) alter in any material way the transfer restrictions relating to direct or indirect interests in the Mortgaged Property (including any equity interests in the direct or indirect owners of Mortgagor); (vi) affect the limitations on recourse against Mortgagor or Guarantor; (vii) initiate the requirement of or increase the amounts of reserves or escrows; (viii) violate any existing agreement to which Mortgagor, Guarantor or any of their Affiliates is a party or any applicable law; or (ix) materially change any obligation of Mortgagor or Guarantor under the other Loan Documents. Mortgagor shall reasonably cooperate with Mortgagee in effecting any such Secondary Market Transaction and shall cooperate to implement all reasonable requirements imposed by any Rating Agency involved in any Secondary Market Transaction, Mortgagor shall not be obligated to incur any costs or expenses to provide such cooperation. Subject to the foregoing provisions of this Subparagraph, Mortgagor shall execute such notes, modification and other agreements, and provide such information, legal opinions (at Mortgagee's expense) and documents relating to Mortgagor, Guarantor, if any, the Mortgaged Property and any tenants of the Improvements as Mortgagee may reasonably request in connection with such Secondary Market Transaction. In addition, Mortgagor shall make available to Mortgagee all information concerning its business and operations that Mortgagee may reasonably request. Mortgagee shall be peimitted to share all such information with the investment banking firms, Rating Agencies, accounting films, law films and other third-party advisory firms involved with the Loan and the Loan Documents or the applicable Secondary Market Transaction. It is understood that the information provided by Mortgagor to Mortgagee may ultimately be incorporated into the offering documents for the Secondary Market Transaction and thus various investors may also see some or all of the information. Mortgagee and all of the aforesaid third-party advisors and professional firms shall be entitled to rely on the information supplied by, or on behalf of, Mortgagor and, subject to the limitations of Paragraph 49 of this Mortgage, Mortgagor indemnifies Mortgagee as to any losses, claims, damages or liabilities that arise out of or are based upon any untrue statement or alleged untrue statement of any material fact contained in Section 19 and this Section 20such information or arise out of or are based upon the omission or alleged omission to state therein a material fact required to be stated in such information or necessary in order to make the statements in such information, or in light of the circumstances under which they were made, not misleading. Mortgagee may publicize the existence of the Loan in connection with its marketing for a Secondary Market Transaction or otherwise as part of its business development.

Appears in 1 contract

Sources: Mortgage Agreement (American Realty Capital Healthcare Trust Inc)

Further Acts, etc. Mortgagor (a) Trustor will, at the cost of MortgagorTrustor, and without expense to MortgageeBeneficiary, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements statements, financing statement amendments or continuation statements, transfers and assurances as Mortgagee Beneficiary shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Beneficiary the property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor Trustor may be or may hereafter become bound to convey or assign to MortgageeBeneficiary, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Deed of Trust or for filing, registering or recording this MortgageDeed of Trust or for facilitating the sale of the Loan and the Loan Documents as described in Paragraph 19(b) below. MortgagorTrustor, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Beneficiary to execute in the name of Mortgagor Trustor or without the signature of Mortgagor Trustor to the extent Mortgagee Beneficiary may lawfully do so, one or more financing statements, financing statement amendments, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee Beneficiary in the Mortgaged Trust Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Trustor will, at the cost of Trustor and without expense to Beneficiary, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or operation of the Relevant DocumentsTrust Property. Mortgagor Trustor grants to Mortgagee Beneficiary and Trustee an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Beneficiary and Trustee at law and in equity, including, without limitation, such rights and remedies available to Beneficiary and Trustee pursuant to this paragraph. (b) Trustor acknowledges that Beneficiary and its successors and assigns may (i) sell, assign or transfer this Deed of Trust, the Note and other Loan Documents to one or more investors as a whole loan, (ii) grant participation interests in the Loan to investors or issue to investors mortgage pass-through certificates or other securities evidencing a beneficial interest in a rated or unrated public offering or private placement to one or more investors, (iii) deposit this Deed of Trust, the Note and other Loan Documents with a trust, which trust may sell certificates to investors evidencing an ownership interest in the trust assets, (vi) transfer any and all of the servicing rights provided with respect to the Loan, or delegate any or all of its responsibilities as Beneficiary under the Loan Documents, or (v) otherwise sell the Loan or interest therein to investors (the transactions referred to in clauses (i) through (v) are hereinafter each referred to as “Secondary Market Transaction”); provided, however, notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, Trustor shall not be obligated to take any action nor shall any such requirements be imposed in connection with a Secondary Market Transaction that would: (i) change the outstanding principal balance of the Loan; (ii) increase the interest rate or payments on the Loan; (iii) increase the rate of amortization of the Loan; (iv) shorten the maturity date of the Loan; (v) alter in any material way the transfer restrictions relating to direct or indirect interests in the Trust Property (including any equity interests in the direct or indirect owners of Trustor); (vi) affect the limitations on recourse against Trustor; (vii) increase the amounts of reserves or escrows; (viii) violate any existing agreement to which Trustor, Guarantor or any of their affiliates is a party or any applicable law; or (ix) materially change any obligation of Trustor under the other Loan Documents. Trustor shall cooperate with Beneficiary in effecting any such Secondary Market Transaction and shall cooperate to implement all requirements imposed by any Rating Agency involved in any Secondary Market Transaction, provided, however, that Trustor shall not be required to (A) incur any additional liability under the Loan Documents, (B) suffer any increased obligation under the Loan Documents or (C) suffer any diminishment of its rights under the Loan Documents. Trustor shall provide such information, legal opinions and documents relating to Trustor, Guarantor, if any, the Trust Property and any tenants of the Improvements (to the extent in Trustor’s possession or control) as Beneficiary may reasonably request in connection with such Secondary Market Transaction. Beneficiary shall bear the reasonable out of pocket expense incurred by Trustor to third parties (but not Trustor’s general and administrative overhead) in providing any such information, opinions and documents so long as Trustor notifies Beneficiary in writing promptly after receipt of Beneficiary’s request for the aforesaid information, opinions and documents of the nature and specific amount of the third party expenditure that will be incurred in Section 19 complying with Beneficiary’s request. In addition, Trustor shall make available to Beneficiary all information concerning its business and this Section 20.operations that Beneficiary may reasonably request. Beneficiary shall be permitted to share all such information with the investment banking firms, Rating Agencies, accounting firms, law firms and other third-party advisory firms involved with the Loan and the Loan Documents or the applicable Secondary Market Transaction. It is understood

Appears in 1 contract

Sources: Deed of Trust (Republic Property Trust)

Further Acts, etc. Mortgagor The Issuer will, at the cost of MortgagorIssuer’s expense, and without expense to Mortgageethe Indenture Trustee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements UCC Financing Statements or continuation statements, transfers and assurances as Mortgagee the Indenture Trustee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the Indenture Trustee the property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffedoffset, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor the Issuer or any related Property Owner may be or may hereafter become bound to convey or assign to Mortgageethe Indenture Trustee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Indenture or the Property Owner Guaranty or for filing, registering or recording this MortgageIndenture or the Property Owner Guaranty. Mortgagor, on demand, The Issuer will promptly execute and deliver and, Mortgagor and hereby authorizes Mortgagee the Indenture Trustee to execute in the name of Mortgagor the Issuer or Property Owner or without the signature of Mortgagor the Issuer or Property Owner to the extent Mortgagee the Indenture Trustee may lawfully do so, one or more financing statements, chattel mortgages statements or other instruments, to evidence more effectively the security interest of Mortgagee the Indenture Trustee in the Mortgaged PropertyPledged Securities and/or the Properties. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, each the Issuer will and will cause each Property Owner to, at the cost of the Issuer and without expense to the contrary contained hereinIndenture Trustee, Mortgagor shall not be obligated cooperate fully and completely to executeeffect the assignment or transfer of any license, deliverpermit, file agreement or record any additional documents which increase Mortgagor's obligations under this Mortgage other right necessary or useful to the Relevant Documentsoperation of the Properties. Mortgagor The Issuer grants to Mortgagee the Indenture Trustee an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to the Indenture Trustee at law and in equity, including, without limitation, such rights provided for in Section 19 and remedies available to the Indenture Trustee pursuant to this Section 20Section.

Appears in 1 contract

Sources: Master Indenture (Cim Real Estate Finance Trust, Inc.)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to Agent or any Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, deeds of trust, assignments, notices of assignmentassignments, Uniform Commercial Code financing statements or continuation statementstransfers, transfers deeds to secure debt and assurances as Agent or a Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Agent and/or such Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Agent and/or such Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all Applicable Laws. Mortgagor, on demand, will execute and deliver and, Mortgagor and hereby authorizes Agent and each Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Agent and/or such Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee the Mortgagees and Agent, on behalf of Mortgagees, in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Agent and each Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Agent and the Mortgagees at law and in equity, including without limitation such rights provided for in Section 19 and remedies available to Agent and the Mortgagees pursuant to this Section 207.2.

Appears in 1 contract

Sources: Mortgage, Security Agreement and Assignment of Leases and Rents (Ener1 Inc)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages. deeds of trust, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all Legal Requirements. Mortgagor, on demand, will execute and deliver anddeliver, Mortgagor and in the event it shall fail to so execute and deliver, hereby authorizes Mortgagee Lender to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, statements to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including without limitation such rights and remedies available to Lender pursuant to this Section 205.2. Nothing contained in this Section 5.2 shall be deemed to create an obligation on the part of Mortgagor to pay any costs and expenses incurred by Lender in connection with the Securitization or other sale or transfer of the Loan.

Appears in 1 contract

Sources: Open End Mortgage and Security Agreement (Cedar Income Fund LTD /Md/)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all Legal Requirements. MortgagorBorrower, on demand, will execute and deliver anddeliver, Mortgagor and in the event it shall fail to so execute and deliver, hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements (including, without limitation, initial financing statements and amendments thereto and continuation statements) with or without the signature of Borrower as authorized by applicable law, chattel mortgages as Lender in its sole discretion may reasonably deem necessary or other instruments, appropriate to evidence more effectively maintain the perfection of the security interest of Mortgagee in interests granted by the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Loan Documents. Mortgagor Lender shall provide Borrower with copies of any notices and/or instruments of filings executed by Lender in accordance with the immediately preceding sentence. Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including without limitation such rights and remedies available to Lender pursuant to this Section 205.2. To the extent not prohibited by applicable law, Borrower hereby ratifies all acts Lender shall lawfully do or cause to be done in the future by virtue of such power of attorney.

Appears in 1 contract

Sources: Fee and Leasehold Mortgage and Security Agreement (Morgans Hotel Group Co.)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property Property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all Applicable Laws. MortgagorBorrower, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender, following 10 days’ notice to Borrower, to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements (including, without limitation, initial financing statements, amendments thereto and continuation statements) with or without the signature of Borrower as authorized by applicable law, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything Borrower also ratifies its authorization for Lender to have filed any like initial financing statements, amendments thereto and continuation statements, if filed prior to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under date of this Mortgage or the Relevant DocumentsSecurity Instrument. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for in Section 19 and remedies available to Lender pursuant to this Section 207.2. To the extent not prohibited by applicable law, Borrower hereby ratifies all acts Lender has lawfully done in the past or shall lawfully do or cause to be done in the future by virtue of such power of attorney.

Appears in 1 contract

Sources: Mortgage and Security Agreement (Resource Real Estate Opportunity REIT, Inc.)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagesmortgages or deeds of trust, as applicable, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender or Trustee shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender and Trustee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender and Trustee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this Mortgage. MortgagorSecurity Instrument and, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights provided for interests granted pursuant to this Security Instrument and to effect the intent hereof, all as fully and effectually as Borrower might or could do; and Borrower hereby ratifies all that Lender shall lawfully do or cause to be done by virtue hereof; provided, however, that Lender shall not exercise such power of attorney unless and until Borrower fails to take the required action within the five (5) Business Day time period stated above unless the failure to so exercise, could, in Section 19 Lender’s reasonable judgment, result in a Material Adverse Effect. Upon (a) receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, (b) receipt of an indemnity of Lender related to losses resulting solely from the issuance of a replacement note or other applicable Loan Document and this Section 20(c) in the case of any such mutilation, upon surrender and cancellation of such Note or other applicable Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other applicable Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Sources: Deed of Trust, Security Agreement, Assignment of Rents and Fixture Filing (Pebblebrook Hotel Trust)