Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the Mortgage, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the Property. Borrower grants to 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 17.3.
Appears in 15 contracts
Sources: Loan Agreement (Independence Realty Trust, Inc), Loan Agreement (Sunstone Hotel Investors, Inc.), Loan Agreement (Glimcher Realty Trust)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instrument, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to 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 17.315.3.
Appears in 12 contracts
Sources: Loan Agreement (Wheeler Real Estate Investment Trust, Inc.), Loan Agreement (Clipper Realty Inc.), Loan Agreement (Safety, Income & Growth, Inc.)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, pledges, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording and the MortgagePledge Agreements, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the PropertyCollateral. Borrower grants to 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 17.3.
Appears in 10 contracts
Sources: Senior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Junior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Senior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc)
Further Acts, etc. Borrower willshall, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Borrower, on demand, will shall execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the PropertyProperty (including the filing of a financing statement with a generic description such as “all assets”). Borrower grants to 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 17.35.2.
Appears in 9 contracts
Sources: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing, Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Moody National REIT II, Inc.), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Moody National REIT II, Inc.)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instrument, or for complying with all Legal RequirementsApplicable Law. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to 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 17.315.3.
Appears in 9 contracts
Sources: Loan Agreement (Priam Properties Inc.), Loan Agreement (Condor Hospitality Trust, Inc.), Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageMortgages, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the PropertyProperties. Borrower grants to 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 17.3.
Appears in 8 contracts
Sources: Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the Mortgage, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the Property. Borrower grants to 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 each case to the extent permitted under the Loan Documents, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.3.
Appears in 6 contracts
Sources: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Deed of Trust or for filing, registering or recording the Mortgagethis Deed of Trust, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to 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 17.3SECTION 5.2.
Appears in 5 contracts
Sources: Deed of Trust and Security Agreement (Behringer Harvard Reit I Inc), Deed of Trust and Security Agreement (Behringer Harvard Reit I Inc), Deed of Trust and Security Agreement (Behringer Harvard Reit I Inc)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to LenderLender (except as expressly set forth in Article XIII hereof), do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, filing or registering or recording of the MortgagePledge Agreement, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the PropertyCollateral. Borrower grants to 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 17.3.
Appears in 4 contracts
Sources: Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Mezzanine Loan Agreement (Ashford Hospitality Trust Inc)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Mortgage or for filing, registering or recording the this Mortgage, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to 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 equityequity following an Event of Default, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.35.2.
Appears in 4 contracts
Sources: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Inland Real Estate Income Trust, Inc.), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Inland Real Estate Income Trust, Inc.), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Inland Real Estate Income Trust, Inc.)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, filing or registering or recording of the MortgagePledge Agreement, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the PropertyCollateral. Borrower grants to 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 17.3.
Appears in 4 contracts
Sources: Mezzanine Loan Agreement (Maguire Properties Inc), Senior Mezzanine Loan Agreement (Maguire Properties Inc), Junior Mezzanine Loan Agreement (Maguire Properties Inc)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to 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, limitation such rights and remedies available to Lender pursuant to this Section 17.3SECTION 5.
Appears in 4 contracts
Sources: Open End Mortgage and Security Agreement (Glimcher Realty Trust), Mortgage and Security Agreement (Glimcher Realty Trust), Mortgage and Security Agreement (Glimcher Realty Trust)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to 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 17.35.2.
Appears in 4 contracts
Sources: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Behringer Harvard Reit I Inc), Open End Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Behringer Harvard Reit I Inc), Deed of Trust and Security Agreement (Behringer Harvard Reit I Inc)
Further Acts, etc. Borrower willThe Mortgagor shall, at the cost of Borrowerthe Mortgagor, and without expense to the Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as the Lender shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto the Lender the property and rights hereby mortgaged, deededgiven, granted, bargained, sold, aliened, enfeoffed, conveyed, confirmed, pledged, assigned, warranted assigned and transferred hypothecated or intended now or hereafter so to be, or which Borrower Mortgagor may be or may hereafter become bound to convey or assign to the Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Mortgage or for filing, registering or recording the this Mortgage, or for complying with all Legal Requirements. Borrower, The Mortgagor on demand, will shall execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes the Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, Mortgagor one or more financing statements and financing statement amendments or other instruments, to evidence more effectively, perfect and maintain the priority of effectively the security interest of the Lender in the Mortgaged Property. Borrower The Mortgagor grants to the 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 the Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.3.
Appears in 3 contracts
Sources: Mortgage and Security Agreement (Avalon GloboCare Corp.), Mortgage and Security Agreement (Avalon GloboCare Corp.), Mortgage and Security Agreement (Avalon GloboCare Corp.)
Further Acts, etc. Borrower will, at the cost of BorrowerBorrower (except with respect to costs incurred by Lender, and without expense to Lenderfor which Lender shall be responsible), do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the Mortgage, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the Property. Borrower grants to 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 17.3.
Appears in 3 contracts
Sources: Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, pledges, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording and the MortgagePledge Agreement, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the PropertyCollateral. Borrower grants to 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 17.3.
Appears in 3 contracts
Sources: Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Mezzanine Loan Agreement (Ashford Hospitality Trust Inc)
Further Acts, etc. Borrower Trustor will, at the cost of BorrowerTrustor, and without expense to LenderBeneficiary, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender Beneficiary shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender Beneficiary the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower Trustor may be or may hereafter become bound to convey or assign to LenderBeneficiary, or for carrying out the intention or facilitating the performance of the terms of this Agreement Deed of Trust or for filing, registering or recording the Mortgagethis Deed of Trust, or for complying with all Legal Requirements. BorrowerTrustor, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender Beneficiary to execute in the name of Borrower Trustor or without the signature of Borrower Trustor to the extent Lender Beneficiary may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender Beneficiary in the Property. Borrower Trustor grants to Lender 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 Lender Beneficiary at law and in equity, including including, without limitation, such rights and remedies available to Lender Beneficiary pursuant to this Section 17.35.02.
Appears in 2 contracts
Sources: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Terra Tech Corp.), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Terra Tech Corp.)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, deeds to secure debt, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Borrower, on demand, will execute authorize and deliver, and in the event it shall fail to so execute authorize and deliver, hereby authorizes Lender and Trustee to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, file one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to Lender 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 Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.35.2.
Appears in 2 contracts
Sources: Deed of Trust and Security Agreement (Maguire Properties Inc), Deed of Trust and Security Agreement
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the each Mortgage, or for complying in all material respects with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, Borrower hereby authorizes Lender to execute in the name filing of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender created by the Loan Documents in the each Individual Property. Borrower grants to 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 17.317.03 to the extent Borrower fails to perform its obligations hereunder.
Appears in 2 contracts
Sources: Loan Agreement (Bon Ton Stores Inc), Loan Agreement (Bon Ton Stores Inc)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instrument, or for complying in all material respects with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose purpose, only during the continuation of an Event of Default, 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 17.315.3, 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 2 contracts
Sources: Loan Agreement (American Realty Capital New York City REIT, Inc.), Loan Agreement (American Realty Capital New York City REIT, Inc.)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instrument, or for complying with all Legal RequirementsRequirements including, without limitation, the execution and delivery of all such writings necessary to transfer any licenses with respect to the Property into the name of Lender or its designee after the occurrence of an Event of Default. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to 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 17.313.3.
Appears in 2 contracts
Sources: Loan Agreement (Medalist Diversified REIT, Inc.), Loan Agreement (Medalist Diversified REIT, Inc.)
Further Acts, etc. Borrower B▇▇▇▇▇▇▇ will, at the cost of BorrowerB▇▇▇▇▇▇▇, and without expense to LenderL▇▇▇▇▇, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers transfers, deeds to secure debt and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying in all material respects with all Legal RequirementsApplicable Laws. BorrowerB▇▇▇▇▇▇▇, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender L▇▇▇▇▇ to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, and to file in the appropriate filing or recording offices, one or more financing statements and financing statement amendments statements, chattel mortgages or other instruments, to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender L▇▇▇▇▇ in the Property. Borrower grants to 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, limitation such rights and remedies available to Lender pursuant to this Section 17.37.2.
Appears in 2 contracts
Sources: Mortgage and Security Agreement (Sun Communities Inc), Mortgage and Security Agreement (Sun Communities Inc)
Further Acts, etc. Borrower will, at the cost of BorrowerB▇▇▇▇▇▇▇, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgagespledges, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property collateral and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgagePledge Agreement or any financing statement, or for complying with all Legal Requirements. BorrowerB▇▇▇▇▇▇▇, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender L▇▇▇▇▇ to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender L▇▇▇▇▇ in the PropertyCollateral. Borrower grants to 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 17.315.3.
Appears in 2 contracts
Sources: Mezzanine Loan Agreement (Industrial Logistics Properties Trust), Mezzanine Loan Agreement (Industrial Logistics Properties Trust)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the Mortgage, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the PropertyProperties. Borrower grants to 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 17.3.
Appears in 2 contracts
Sources: Loan Agreement (Griffin Capital Essential Asset REIT II, Inc.), Loan Agreement (Griffin Capital Essential Asset REIT, Inc.)
Further Acts, etc. Borrower will, at the reasonable cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliverdeliver following five (5) Business Days’ notice to Borrower, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. In (i) such case set forth in the immediately preceding sentence or (ii) upon the occurrence and during an Event of Default, Borrower grants to 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 17.35.2.
Appears in 2 contracts
Sources: Deed of Trust (FelCor Lodging Trust Inc), Leasehold Mortgage, Security Agreement and Fixture Filing (FelCor Lodging Trust Inc)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instruments, or for complying in all material respects with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to 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 17.315.3, 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 2 contracts
Sources: Loan Agreement (American Finance Trust, Inc), Loan Agreement (American Finance Trust, Inc)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instruments, or for complying in all material respects with all Legal Requirements and all Health Care Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to 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 equityequity in connection with the Loan, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.315.3, 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 2 contracts
Sources: Loan Agreement (NorthStar Healthcare Income, Inc.), Loan Agreement (Northstar Realty Finance Corp.)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender [and Trustee] the property Property and rights hereby deeded, mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender to file one or more financing statements or execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments chattel mortgages or other instruments, to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the PropertyProperty or any Collateral. Borrower grants to 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, limitation such rights and remedies available to Lender pursuant to this Section 17.36.2.
Appears in 2 contracts
Sources: Mortgage (Deed of Trust), Mortgage (KBS Real Estate Investment Trust, Inc.)
Further Acts, etc. Borrower will▇▇▇▇▇▇▇▇ shall, at the cost of Borrower▇▇▇▇▇▇▇▇, and without expense to Lender▇▇▇▇▇▇, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Borrower, on demand, will shall execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender ▇▇▇▇▇▇ to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the PropertyProperty (including the filing of a financing statement with a generic description such as “all assets”). Borrower grants to 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 17.35.2.
Appears in 2 contracts
Sources: Deed of Trust (TNP Strategic Retail Trust, Inc.), Deed of Trust (TNP Strategic Retail Trust, Inc.)
Further Acts, etc. Borrower Borrowers will, at the cost of BorrowerBorrowers, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower Borrowers may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageMortgages, or for complying with all Legal Requirements. BorrowerBorrowers, on demand, will execute and deliver, and in the event it they shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower Borrowers or without the signature of Borrower Borrowers to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the each Individual Property. Borrower grants Borrowers grant to 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 17.3.
Appears in 2 contracts
Sources: Loan Agreement (Extra Space Storage Inc.), Loan Agreement (Extra Space Storage Inc.)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers transfers, deeds to secure debt and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying in all material respects with all Legal RequirementsApplicable Laws. Borrower, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, and to file in the appropriate filing or recording offices, one or more financing statements and financing statement amendments statements, chattel mortgages or other instruments, to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to 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, limitation such rights and remedies available to Lender pursuant to this Section 17.37.2.
Appears in 2 contracts
Sources: Security Agreement, Mortgage Modification Agreement (Sun Communities Inc)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the Mortgage, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the Property. During the continuance of an Event of Default, Borrower grants to 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 17.3.
Appears in 2 contracts
Sources: Loan Agreement (MVP REIT, Inc.), Loan Agreement (MVP REIT II, Inc.)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to 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 equityequity following an Event of Default, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.35.2.
Appears in 2 contracts
Sources: Deed of Trust, Assignment of Leases and Rents and Security Agreement (Inland Real Estate Income Trust, Inc.), Deed of Trust, Assignment of Leases and Rents and Security Agreement (Inland Real Estate Income Trust, Inc.)
Further Acts, etc. Borrower willshall, at the cost of Borrowerits sole cost, and without expense to Lender, do, do execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignmentsassignment, transfers and assurances as Lender Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender Mortgagee the property and rights hereby mortgaged, deededgiven, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, pledged, assigned, warranted assigned and transferred hypothecated or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to LenderMortgagee, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument, or for filing, registering or recording the Mortgagethis Security Instrument (but in no event will Borrower be required to incur, suffer or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and accept (except to a de mimimis extent) any lesser rights or greater obligations than as currently set forth in the event it shall fail Loan Documents). Upon foreclosure, the appointment of a receiver or any other relevant action, Borrower shall, at its sole cost, cooperate fully and completely to so execute and delivereffect the assignment or transfer of any license, hereby authorizes Lender to execute in the name of Borrower permit, agreement or without the signature of Borrower any other right necessary or useful to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority operation of the security interest of Lender in the Property. Borrower grants to Lender Mortgagee an irrevocable power of attorney coupled with an interest interest, which shall be exercisable upon the occurrence and during the continuance of an Event of Default, for the purpose of exercising and perfecting any and all rights and remedies available to Lender Mortgagee at law and in equity, including without limitation, such rights and remedies available to Lender Mortgagee pursuant to this Section 17.3paragraph.
Appears in 2 contracts
Sources: Senior Loan Consolidated, Amended and Restated Mortgage, Assignment of Leases and Rents and Security Agreement (KBS Strategic Opportunity REIT, Inc.), Building Loan Consolidated, Amended and Restated Mortgage, Assignment of Leases and Rents and Security Agreement (KBS Strategic Opportunity REIT, Inc.)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instrument, or for complying with all Legal RequirementsApplicable Law. Borrower, on within five (5) Business Days of written demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to 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 17.315.3.
Appears in 2 contracts
Sources: Loan Agreement, Loan Agreement (Consolidated Tomoka Land Co)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender and Trustee the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Trustee or Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Deed of Trust or for filing, registering or recording the Mortgagethis Deed of Trust, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to 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 including, without limitation, such rights and remedies available to Lender pursuant to this Section 17.35.2.
Appears in 2 contracts
Sources: Deed of Trust, Assignment of Leases and Rents and Security Agreement (Lodging Fund REIT III, Inc.), Deed of Trust, Assignment of Leases and Rents and Security Agreement (Lodging Fund REIT III, Inc.)
Further Acts, etc. Borrower will, at the reasonable cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instrument, or for complying with all Legal RequirementsApplicable Law. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of, during the continuance of an Event of Default, 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 17.315.3.
Appears in 2 contracts
Sources: Loan Agreement (Cole Credit Property Trust Iv, Inc.), Loan Agreement (Cole Corporate Income Trust, Inc.)
Further Acts, etc. Borrower Trustor will, at the cost of BorrowerTrustor, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender and Trustee the property Property and rights hereby deeded, mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower Trustor may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. BorrowerTrustor, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender Lender, following ten (10) days' notice to Trustor, to execute in the name of Borrower Trustor or without the signature of Borrower Trustor to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments statements, chattel mortgages or other comparable security instruments, to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the PropertyProperty or any Collateral. Borrower Trustor grants to 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, limitation such rights and remedies available to Lender pursuant to this Section 17.36.2.
Appears in 1 contract
Sources: Deed of Trust and Security Agreement (Felcor Lodging Trust Inc)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Mortgage or for filing, registering or recording the this Mortgage, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or to file without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to 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, limitation such rights and remedies available to Lender pursuant to this Section 17.35.2.
Appears in 1 contract
Sources: Leasehold Mortgage, Assignment of Rents and Security Agreement
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, including, without limitation, the execution and delivery of all such writings necessary to transfer any liquor licenses into the name of Lender or its designee after the occurrence of any Event of Default, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageMortgages, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the PropertyProperties. Borrower grants to 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 17.3.
Appears in 1 contract
Sources: Loan Agreement (Capital Lodging)
Further Acts, etc. Except as otherwise expressly provided in this Agreement, Borrower will, at the cost of Borrower, and without expense to Lender▇▇▇▇▇▇, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instrument, or for complying with all Legal Requirements. Borrower▇▇▇▇▇▇▇▇, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender ▇▇▇▇▇▇ to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender ▇▇▇▇▇▇ in the Property. Borrower grants to 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 17.3.15.3. Notwithstanding the foregoing, no such documents, agreements or instruments shall (x) materially modify any of the economic and material business terms and provisions of the Loan Documents, (y) materially increase any obligation of the Borrower under the Loan Documents, or (z) materially modify any right of the Borrower under the Loan Documents. -138-
Appears in 1 contract
Sources: Loan Agreement (Ares Real Estate Income Trust Inc.)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the Mortgage, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the Property. Borrower grants to 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 17.317.03.
Appears in 1 contract
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better purpose of assuring, conveying, assigning, transferring, and confirming unto Lender and Trustee the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Borrower, promptly on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to 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 17.35.2; provided, however, Lender will not exercise the same without giving Borrower three (3) days advance written notice so long as such notice does not materially effect Lender's ability to exercise its rights and remedies.
Appears in 1 contract
Sources: Deed of Trust and Security Agreement (Koger Equity Inc)
Further Acts, etc. Borrower ▇▇▇▇▇▇▇▇ will, at the cost of Borrower▇▇▇▇▇▇▇▇, and without expense to Trustee or Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Deed of Trust or for filing, registering or recording the Mortgagethis Deed of Trust, or for complying with all Legal Requirements. Borrower▇▇▇▇▇▇▇▇, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender ▇▇▇▇▇▇ to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender ▇▇▇▇▇▇ in the Property. Borrower grants to 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 including, without limitation, such rights and remedies available to Lender pursuant to this Section 17.35.2.
Appears in 1 contract
Further Acts, etc. Borrower Borrowers will, at the cost of BorrowerBorrowers, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which either Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instrument, or for complying with all Legal RequirementsApplicable Law. Each Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of each Borrower or without the signature of either Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Each Borrower grants to 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 17.315.3.
Appears in 1 contract
Further Acts, etc. Borrower Grantor will, at the sole cost of BorrowerGrantor, and without expense to LenderGrantee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgagesto secure debt, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender Grantee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, transferring and confirming unto Lender Grantee the property and rights hereby mortgaged, deededgiven, granted, bargained, sold, aliened, enfeoffed, conveyed, confirmed, pledged, assigned, warranted assigned and transferred hypothecated or intended now or hereafter so to Loan No. 6518403 be, or which Borrower Grantor may be or may hereafter become bound to convey or assign to LenderGrantee, or for carrying out the intention or facilitating the performance of the terms of this Agreement Deed or for filing, registering or recording the Mortgage, or for complying with all Legal Requirements. Borrowerthis Deed and, on demand, will execute and deliverdeliver within five (5) business days after request of Grantee, and in the event it shall fail if Grantor fails to so execute and deliver, hereby authorizes Lender Grantee thereafter to execute in the name of Borrower or Grantor without the signature of Borrower Grantor to the extent Lender Grantee may lawfully do so, one or more financing statements and financing statement amendments statements, chattel Deeds or comparable security instruments, to evidence more effectivelyeffectively the lien, perfect security title and maintain the priority of the security interest of Lender in hereof upon the Trust Property. Borrower Grantor grants to Lender 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 Lender Grantee at law and in equity, including without limitation, limitation such rights and remedies available to Lender Grantee pursuant to this Section 17.3PARAGRAPH 30.
Appears in 1 contract
Further Acts, etc. Borrower Grantor will, at the cost of BorrowerGrantor, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender and Trustee the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower Grantor may be or may hereafter become bound to convey or assign to Trustee or Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Deed of Trust or for filing, registering or recording the Mortgagethis Deed of Trust, or for complying with all Legal Requirements. BorrowerGrantor, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower Grantor or to file without the signature of Borrower Grantor to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower Grantor grants to 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, limitation such rights and remedies available to Lender pursuant to this Section 17.35.2.
Appears in 1 contract
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the Mortgage, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, Borrower hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, file one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the Property. Borrower grants to 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 17.3.
Appears in 1 contract
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instrument, or for complying with all Legal RequirementsApplicable Law. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to 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 including, without limitation, such rights and remedies available to Lender pursuant to this Section 17.314.3.
Appears in 1 contract
Sources: Loan Agreement (Gaia, Inc)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the Mortgage, or for complying with all Legal Requirements. Borrower, on within five (5) Business Days of written demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the Property. Borrower grants to 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 17.3.
Appears in 1 contract
Further Acts, etc. Borrower will, at the cost of Borrower, and ----------------- without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers transfers, deeds to secure debt and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal RequirementsApplicable Laws. Borrower, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments statements, chattel mortgages or other instruments, to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to 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, limitation such rights and remedies available to Lender pursuant to this Section 17.37.2.
Appears in 1 contract
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to LenderLenders, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender Lenders shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender Lenders the property and rights hereby deeded, mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to LenderLenders, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Document or for filing, registering or recording the Mortgagethis Security Document, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender Lenders, following ten (10) days' notice to Borrower, to execute in the name of Borrower or without the signature of Borrower to the extent Lender Lenders may lawfully do so, one or more financing statements and financing statement amendments statements, chattel mortgages or other instruments, to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender Lenders in the PropertyProperty or any Collateral. Borrower grants to Lender Lenders 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 Lenders at law and in equity, including without limitation, limitation such rights and remedies available to Lender Lenders pursuant to this Section 17.36.2.
Appears in 1 contract
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageMortgages, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it they shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the each Individual Property. Borrower grants grant to 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 17.3.
Appears in 1 contract
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instrument, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Upon the occurrence and during the continuance of an Event of Default, Borrower grants to 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 17.315.3.
Appears in 1 contract
Sources: Loan Agreement (Lightstone Value Plus Real Estate Investment Trust III, Inc.)
Further Acts, etc. Borrower Mortgagor will, at the cost of BorrowerMortgagor, and without expense to Lender, the Secured Parties do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender the Agent shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender Agent the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower Mortgagor may be or may hereafter become bound to convey or assign to LenderAgent, or for carrying out the intention or facilitating the performance of the terms of this Agreement Mortgage or for filing, registering or recording the this Mortgage, or for complying with all Legal Requirementsapplicable Laws. BorrowerMortgagor, on written demand, will execute and deliver, and in the event it shall fail to so execute (if applicable) and deliver, hereby authorizes Lender Agent to execute in the name of Borrower Mortgagor or without the signature of Borrower Mortgagor to the extent Lender Agent may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender Agent in the Property. Borrower Mortgagor grants to Lender Agent an irrevocable power of attorney coupled with an interest for the purpose of (i) exercising during the continuance of an Event of Default, and (ii) perfecting any and all rights and remedies available to Lender Agent at law and in equity, including including, without limitation, such rights and remedies available to Lender Agent pursuant to this Section 17.35.2.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (BlueLinx Holdings Inc.)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to any Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers transfers, deeds to secure debt and assurances as a Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto such Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to such Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal RequirementsApplicable Laws. Borrower, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes each Lender to execute in the name of Borrower or without the signature of Borrower to the extent such Lender may lawfully do so, one or more financing statements and financing statement amendments statements, chattel mortgages or other instruments, to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender the Lenders in the Property. Borrower grants to each 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 the Lenders at law and in equity, including without limitation, limitation such rights and remedies available to Lender the Lenders pursuant to this Section 17.37.2.
Appears in 1 contract
Sources: Securities Purchase Agreement (Ramtron International Corp)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Mortgage or for filing, registering or recording the this Mortgage, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, Borrower hereby irrevocably authorizes Lender to execute file in the name of Borrower or and without the signature of Borrower to the extent Lender may lawfully do soBorrower, one or more financing statements (including amendments and financing statement amendments continuations thereto) to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the PropertyCollateral, which financing statements may at Lender’s election indicate the Collateral as “all assets of the debtor” or words of similar effect. Borrower grants to 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 17.35.2.
Appears in 1 contract
Further Acts, etc. Borrower will, at the cost of BorrowerBorrower (except with respect to costs incurred by Lender, and without expense to Lenderfor which Lender shall be responsible), do, execute, acknowledge and deliver all and and. every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the Mortgage, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the Property. Borrower grants to 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 17.3.
Appears in 1 contract
Sources: Loan Agreement (Inland Western Retail Real Estate Trust Inc)
Further Acts, etc. Except as otherwise expressly set forth herein, Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instruments, or for complying with all Legal Requirements. Borrower, on written demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, deliver one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the PropertyProperties. Borrower hereby authorizes Lender to file all UCC-1 financing statements necessary to evidence and perfect the security interest in the Properties. Borrower grants to 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 17.315.3 provided such power of attorney shall not be exercised unless an Event of Default exists.
Appears in 1 contract
Sources: Loan Agreement (American Realty Capital Trust III, Inc.)
Further Acts, etc. Borrower ▇▇▇▇▇▇▇▇ will, at the cost of Borrower▇▇▇▇▇▇▇▇, and without expense to Lender▇▇▇▇▇▇, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instrument, or for complying with all Legal RequirementsRequirements including, without limitation, the execution and delivery of all such writings necessary to transfer any licenses with respect to the Property into the name of Lender or its designee after the occurrence of an Event of Default. Borrower▇▇▇▇▇▇▇▇, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender ▇▇▇▇▇▇ to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender ▇▇▇▇▇▇ in the Property. Borrower grants to 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 17.313.3.
Appears in 1 contract
Further Acts, etc. Borrower Mortgagor will, at the sole cost of BorrowerMortgagor, and without expense to LenderMortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgagesMortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, transferring and confirming unto Lender Mortgagee the property and rights hereby mortgaged, deededgiven, granted, bargained, sold, aliened, enfeoffed, conveyed, confirmed, pledged, assigned, warranted assigned and transferred hypothecated or intended now or hereafter so to be, or which Borrower Mortgagor may be or may hereafter become bound to convey or assign to LenderMortgagee, or for carrying out the intention or facilitating the performance of the terms of this Agreement Mortgage or for filing, registering or recording the Mortgage, or for complying with all Legal Requirements. Borrowerthis Mortgage and, on demand, will execute and deliverdeliver within five (5) business days after request of Mortgagee, and in the event it shall fail if Mortgagor fails to so execute and deliver, hereby authorizes Lender Mortgagee thereafter to execute in the name of Borrower or Mortgagor without the signature of Borrower Mortgagor to the extent Lender Mortgagee may lawfully do so, one or more financing statements and financing statement amendments statements, to evidence more effectively, perfect and maintain effectively the priority of lien hereof upon the security interest of Lender in the Mortgaged Property. Borrower grants to 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 17.3.
Appears in 1 contract
Sources: Mortgage, Assignment of Leases and Rents and Security Agreement (Dress Barn Inc)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the Mortgage, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the Property. Upon the occurrence and during the continuance of an Event of Default, Borrower grants to 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 17.3.
Appears in 1 contract
Sources: Loan Agreement (Sothebys)
Further Acts, etc. Borrower willThe Mortgagor shall, at the cost of Borrowerthe Mortgagor, and without expense to the Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as the Lender and any other Secured Parties shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Lender the Lender, for the benefit of the Secured Parties, the property and rights hereby mortgaged, deededgiven, granted, bargained, sold, aliened, enfeoffed, conveyed, confirmed, pledged, assigned, warranted assigned and transferred hypothecated or intended now or hereafter so to be, or which Borrower Mortgagor may be or may hereafter become bound to convey or assign to the Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Mortgage or for filing, registering or recording the this Mortgage, or for complying with all Legal Requirements. Borrower, The Mortgagor on demand, will shall execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes the Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, Mortgagor one or more financing statements and financing statement amendments or other instruments, to evidence more effectively, perfect and maintain the priority of effectively the security interest of the Lender and any other Secured Parties in the Mortgaged Property. Borrower The Mortgagor grants to Lender the Lender, for the benefit of the Secured Parties, 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 Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.3.
Appears in 1 contract
Sources: Mortgage and Security Agreement (Avalon GloboCare Corp.)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender and Trustee the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Trustee or Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Deed of Trust and the Guaranty contained herein or for filing, registering or recording the Mortgagethis Deed of Trust, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to 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 including, without limitation, such rights and remedies available to Lender pursuant to this Section 17.3SECTION 5.2.
Appears in 1 contract
Further Acts, etc. Borrower ▇▇▇▇▇▇▇▇ will, at the cost of Borrower▇▇▇▇▇▇▇▇, and without expense to LenderLender or Agent, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender Agent shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender Agent the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to LenderAgent, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instrument, the Pledge Agreement, the UCC Financing Statements or for complying with all Legal RequirementsApplicable Law. Borrower▇▇▇▇▇▇▇▇, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender ▇▇▇▇▇▇ or Agent to execute in the name of Borrower or without the signature of Borrower to the extent Lender or Agent may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender ▇▇▇▇▇▇ and Agent in the PropertyProperty and Equity Collateral. To the extent that ▇▇▇▇▇▇▇▇ fails to comply with the provisions set forth in this Section 14.3, Borrower grants to Lender and 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 Lender or Agent at law and in equity, including including, without limitation, such rights and remedies available to Lender or Agent pursuant to this Section 17.314.3.
Appears in 1 contract
Sources: Loan Agreement (CaliberCos Inc.)
Further Acts, etc. Borrower Mortgagor will, at the cost of BorrowerMortgagor, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender and Trustee the property Property and rights hereby deeded, mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower Mortgagor may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. BorrowerMortgagor, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender Lender, following ten (10) days’ notice to Mortgagor, to execute in the name of Borrower Mortgagor or without the signature of Borrower Mortgagor to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments statements, chattel mortgages or other instruments, to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the PropertyProperty or any Collateral. Borrower Mortgagor grants to Lender 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 and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, limitation such rights and remedies available to Lender pursuant to this Section 17.36.2.
Appears in 1 contract
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgagesdeeds to secure debt, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgagedsecured, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to 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 17.35.2.
Appears in 1 contract
Sources: Fee and Leasehold Deed to Secure Debt and Security Agreement (Behringer Harvard Reit I Inc)
Further Acts, etc. Borrower Grantor will, at the cost of BorrowerGrantor, and without expense to Beneficiary or Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender Beneficiary shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender Beneficiary the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower Grantor may be or may hereafter become bound to convey or assign to Beneficiary (for the benefit of Lender, ) or for carrying out the intention or facilitating the performance of the terms of this Agreement Deed of Trust or for filing, registering or recording the Mortgagethis Deed of Trust, or for complying with all Legal Requirements. BorrowerGrantor, on demandwritten demand from Beneficiary, will execute and deliver, and in the event it shall fail fail, within ten (10) Business Days of such demand, to so execute and deliver, hereby authorizes Lender Beneficiary to execute in the name of Borrower Grantor or without the signature of Borrower Grantor to the extent Lender Beneficiary may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender Beneficiary (for the benefit of Lender) in the Property. Borrower Grantor grants to Lender Beneficiary (for the benefit of 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 Beneficiary or Lender at law and or in equity, including including, without limitation, such rights and remedies available to Beneficiary or Lender pursuant to this Section 17.35.02.
Appears in 1 contract
Sources: Deed of Trust
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property Property and rights hereby deeded, mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender Lender, following ten (10) days' written notice to Borrower, to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments statements, chattel mortgages or other instruments, to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the PropertyProperty or any Collateral. Borrower grants to 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, limitation such rights and remedies available to Lender pursuant to this Section 17.36.2.
Appears in 1 contract
Sources: Mortgage and Security Agreement (Corporate Property Associates 15 Inc)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto to Lender and Trustee the property Property and rights hereby deeded, mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument, or other Loan Documents, or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal RequirementsApplicable Laws. Borrower, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender Lender, following 10 days' notice to Borrower, to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments statements, chattel mortgages or other instruments, to evidence or perfect more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to 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 17.37.1.
Appears in 1 contract
Sources: Deed of Trust and Security Agreement (Global Geophysical Services Inc)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal RequirementsApplicable Laws. Borrower, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower upon Borrower's failure to comply with Lender's demand for a period in excess of fifteen (15) days, or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments statements, chattel mortgages or other instruments, to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to 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, limitation such rights and remedies available to Lender pursuant to this Section 17.37.2.
Appears in 1 contract
Sources: Mortgage and Security Agreement (Wellsford Real Properties Inc)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trustto secure debt, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to 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 17.35.2.
Appears in 1 contract
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Mortgage or for filing, registering or recording the this Mortgage, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to 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 17.35.2.
Appears in 1 contract
Sources: Mortgage and Security Agreement (Behringer Harvard Reit I Inc)
Further Acts, etc. Borrower Mortgagor will, at the cost of BorrowerMortgagor, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property Property and rights hereby deeded, mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower Mortgagor may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. BorrowerMortgagor, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender Lender, following ten (10) days' notice to Mortgagor, to execute in the name of Borrower Mortgagor or without the signature of Borrower Mortgagor to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments statements, chattel mortgages or other instruments, to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the PropertyProperty or any Collateral. Borrower Mortgagor grants to 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, limitation such rights and remedies available to Lender pursuant to this Section 17.36.2.
Appears in 1 contract
Sources: Mortgage and Security Agreement (Felcor Lodging Trust Inc)
Further Acts, etc. Borrower will, at the cost of BorrowerBorrower (except with respect to costs incurred by Lender, and without expense to Lenderfor which Lender shall be responsible), do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageDeed of Trust, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the Property. Borrower grants to 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 17.3.
Appears in 1 contract
Sources: Loan Agreement (Inland Western Retail Real Estate Trust Inc)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the Mortgage, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the Property. Borrower grants to 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 the rights and remedies available to Lender pursuant to this Section 17.3.
Appears in 1 contract
Sources: Loan Agreement (AmREIT, Inc.)
Further Acts, etc. Borrower Grantor will, at the cost of BorrowerGrantor, and without expense to LenderBeneficiary, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender Beneficiary or Deed Trustee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender Beneficiary the property and rights hereby mortgaged, deededgiven, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, pledged, assigned, warranted assigned and transferred or intended now or hereafter so to behypothecated, or which Borrower Grantor may be or may hereafter become bound to convey or assign to LenderBeneficiary and Deed Trustee, or for carrying out the intention or facilitating the performance of the terms of this Agreement Deed of Trust or for filing, registering or recording the Mortgage, or for complying with all Legal Requirements. Borrowerthis Deed of Trust and, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender Beneficiary to execute in the name of Borrower Grantor or without the signature of Borrower Grantor to the extent Lender Beneficiary may lawfully do so, one or more financing statements and financing statement amendments statements, chattel mortgages or comparable security instruments, to evidence more effectively, perfect and maintain or continue the priority perfection of the security interest of Lender in lien hereof upon the Trust Property. Borrower Grantor grants to Lender Beneficiary an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting 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 preserving the interests granted pursuant to this Section 17.3Deed of Trust, all as fully and effectually as Grantor might or could do; and Grantor hereby ratifies all that Beneficiary shall lawfully do or cause to be done by virtue hereof.
Appears in 1 contract
Sources: Deed of Trust, Security Agreement, Assignment of Rents and Fixture Filing (Prime Retail Inc)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trustmortgages, mortgagesfinancing statements, assignments, security agreements, control agreements, notices of assignmentsassignment, transfers and assurances as Lender shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property Property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now for or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Mortgage or for filing, registering or recording the this Mortgage, or for complying with all Legal RequirementsApplicable Laws. Borrower, on demanddemand of Lender, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower Borrower, or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments statements, chattel mortgages or other instruments, to evidence or perfect more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to 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 17.37.2.
Appears in 1 contract
Sources: Mortgage, Security Agreement and Absolute Assignment of Leases and Rents (Lakes Entertainment Inc)
Further Acts, etc. Borrower willBorr▇▇▇▇ ▇▇▇l, at the cost of BorrowerBorr▇▇▇▇, and ▇▇d without expense to LenderLend▇▇, do▇▇, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instrument, or for complying with all Legal RequirementsApplicable Law. BorrowerBorr▇▇▇▇, on ▇▇ demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to Lend▇▇ ▇▇ execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in Lend▇▇ ▇▇ the Property. Borrower grants to 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 17.315.3; provided, however, that Lend▇▇ ▇▇▇ees not to exercise such power of attorney unless Borr▇▇▇▇ ▇▇▇ failed to perform as required under this Section 15.3 within fifteen (15) days after written notice from Lend▇▇.
Appears in 1 contract
Sources: Loan Agreement (Creative Media & Community Trust Corp)
Further Acts, etc. Each of Borrower and Master Lessee will, at the cost of BorrowerBorrower and/or Master Lessee, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances (including, without limitation, the execution and delivery of all such writings necessary to transfer any liquor licenses with respect to the Property into the name of Lender or its designee after the occurrence of an Event of Default) as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower and/or Master Lessee may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instrument, or for complying with all Legal RequirementsApplicable Law. BorrowerEach of Borrower and/or Master Lessee, on demanddemand and as applicable, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or Master Lessee or without the signature of Borrower or Master Lessee to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Each of Borrower and Master Lessee grants to 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 17.315.3.
Appears in 1 contract
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender and Trustee the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Trustee or Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Deed of Trust or for filing, registering or recording the Mortgagethis Deed of Trust, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to 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 including, without limitation, such rights and remedies available to Lender pursuant to this Section 17.3SECTION 5.2.
Appears in 1 contract
Sources: Deed of Trust, Assignment of Leases and Rents and Security Agreement (Horizon Group Properties Inc)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better purpose of assuring, conveying, assigning, transferring, and confirming unto Lender and Trustee the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Borrower, promptly on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to 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 17.35.2.
Appears in 1 contract
Sources: Deed of Trust and Security Agreement (Koger Equity Inc)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property any Property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageMortgages, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the any Property. Borrower grants to 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 17.3.
Appears in 1 contract
Sources: Loan Agreement (RFS Partnership Lp)
Further Acts, etc. Borrower will, at the cost of Borrower, ----------------- and without expense to LenderTrustee/Collateral Agent, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender Trustee/Collateral Agent shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender Trustee/Collateral Agent the property Property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to LenderTrustee/Collateral Agent, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirementsapplicable state or federal law. Borrower, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender Trustee/Collateral Agent, following 20 days' notice to Borrower, to execute in the name of Borrower or without the signature of Borrower to the extent Lender Trustee/Collateral Agent may lawfully do so, one or more financing statements and financing statement amendments statements, chattel mortgages or other instruments, to evidence or perfect more effectively, perfect and maintain the priority of effectively the security interest of Lender Trustee/Collateral Agent in the Property. Borrower grants to Lender Trustee/Collateral 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 Lender at law and in equity, including without limitation, such rights and remedies available to Lender Trustee/Collateral Agent pursuant to this Section 17.37.2.
Appears in 1 contract
Sources: Mortgage, Security Agreement and Fixture Filing (Globix Corp)
Further Acts, etc. Borrower Trustor will, at the sole cost of BorrowerTrustor, and without expense to LenderBeneficiary or Trustee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender Beneficiary or Trustee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, transferring and confirming unto Lender Beneficiary and/or Trustee the property and rights hereby mortgaged, deededgiven, granted, bargained, sold, enfeoffed, conveyed, confirmed, pledged, assigned, warranted assigned and transferred hypothecated or intended now or hereafter so to be, or which Borrower Trustor may be or may hereafter become bound to convey or assign to LenderBeneficiary and/or Trustee, or for carrying out the intention or facilitating the performance of the terms of this Agreement Deed of Trust or for filing, registering or recording the Mortgage, or for complying with all Legal Requirements. Borrowerthis Deed of Trust and, on demand, will execute and deliverdeliver within five (5) business days after request of Beneficiary or Trustee, and in the event it shall fail if Trustor fails to so execute and deliver, hereby authorizes Lender Beneficiary or Trustee thereafter to execute in the name of Borrower or Trustor without the signature of Borrower Trustor to the extent Lender Beneficiary and/or Trustee may lawfully do so, one or more financing statements and financing statement amendments statements, chattel mortgages or comparable security instruments, to evidence more effectively, perfect and maintain effectively the priority of lien hereof upon the security interest of Lender in the Folsom Trust Property. Borrower Trustor grants to Lender 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 Lender Beneficiary and Trustee at law and in equity, including without limitation, limitation such rights and remedies available to Lender Beneficiary and Trustee pursuant to this Section 17.3Paragraph 30.
Appears in 1 contract
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgagesto secure debt, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to 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 17.3SECTION 5.2.
Appears in 1 contract
Further Acts, etc. Borrower Grantor will, at the cost of BorrowerGrantor, and without expense to LenderGrantee, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, deeds to secure debt, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender Grantee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender Grantee the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower Grantor may be or may hereafter become bound to convey or assign to LenderGrantee, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. BorrowerGrantor, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender Grantee to execute in the name of Borrower Grantor or without the signature of Borrower Grantor to the extent Lender Grantee may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender Grantee in the Property. Borrower Grantor grants to Lender 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 Lender Grantee at law and in equity, including without limitation, such rights and remedies available to Lender Grantee pursuant to this Section 17.35.2.
Appears in 1 contract
Further Acts, etc. Individual Borrower will, at the cost of Individual Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Individual Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Individual Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Individual Borrower or without the signature of Individual Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Individual Borrower grants to 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 17.35.2.
Appears in 1 contract
Sources: Mortgage and Security Agreement (BlueLinx Holdings Inc.)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property property, security interest and rights hereby mortgaged, deededgiven, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, pledged, assigned, warranted assigned and transferred or intended now or hereafter so to behypothecated, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering filing or recording the Mortgage, or for complying with all Legal Requirements. Borrowerthis Agreement and, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments statements, chattel mortgages or comparable security instruments to evidence more effectively, perfect and maintain effectively the priority lien hereof upon the Collateral. Without limiting the generality of the security interest of Lender in the Property. foregoing, Borrower grants will: (i) if any Collateral shall be evidenced by a promissory note or other instrument or chattel paper, deliver and pledge to Lender an irrevocable power hereunder such note or instrument or chattel paper duly indorsed and accompanied by duly executed instruments of attorney coupled with an interest for the purpose of exercising transfer or assignment, all in form and perfecting any and all rights and remedies available substance satisfactory to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.3.Lender;
Appears in 1 contract
Sources: Loan and Security Agreement (CNL Hotels & Resorts, Inc.)
Further Acts, etc. Borrower Grantor will, at the cost of BorrowerGrantor, and without expense to LenderGrantee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender Grantee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender Grantee the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower Grantor may be or may hereafter become bound to convey or assign to LenderGrantee, or for carrying out the intention or facilitating the performance of the terms of this Agreement Deed to Secure Debt or for filing, registering or recording the Mortgagethis Deed to Secure Debt, or for complying with all Legal Requirements. BorrowerGrantor, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender Grantee to execute in the name of Borrower Grantor or without the signature of Borrower Grantor to the extent Lender Grantee may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender Grantee in the Property. Borrower Grantor grants to Lender 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 Lender Grantee at law and in equity, including including, without limitation, such rights and remedies available to Lender Grantee pursuant to this Section 17.35.02.
Appears in 1 contract
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto to Lender and Trustee the property Property and rights hereby by this Security Instrument deeded, mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter later so to be, or which Borrower may be or may hereafter later become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument, or other Loan Documents, or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal RequirementsApplicable Laws. Borrower, on demand, will execute and deliverdeliver and by this Security Instrument authorizes Lender, and in the event it shall fail following 10 days’ notice to so execute and deliverBorrower, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments statements, chattel mortgages or other instruments, to evidence or perfect more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to 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 17.37.2.
Appears in 1 contract
Sources: Deed of Trust and Security Agreement
Further Acts, etc. Borrower Borrowers will, at the cost of BorrowerBorrowers, and without expense to Lender other than Lender’s own legal fees, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower Borrowers may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instruments, or for complying with all Legal RequirementsApplicable Law. BorrowerBorrowers, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of any Borrower or without the signature of any Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the PropertyProperties. Borrower Borrowers grants to 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 17.315.3.
Appears in 1 contract
Further Acts, etc. Borrower Grantor will, at the cost of BorrowerGrantor, and without expense to LenderAgent or any of the Secured Parties, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender Agent shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender Agent the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower Grantor may be or may hereafter become bound to convey or assign to Lender, Agent or for carrying out the intention or facilitating the performance of the terms of this Agreement Deed of Trust or for filing, registering or recording the Mortgagethis Deed of Trust, or for complying with all Legal Requirements. BorrowerGrantor, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender Agent to execute in the name of Borrower Grantor or without the signature of Borrower Grantor to the extent Lender Agent may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender Agent in the Property. Borrower Grantor grants to Lender 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 Lender Agent at law and in equity, including without limitation, such rights and remedies available to Lender Agent pursuant to this Section 17.35.2.
Appears in 1 contract
Further Acts, etc. Borrower B▇▇▇▇▇▇▇ will, at the cost of BorrowerB▇▇▇▇▇▇▇, and without expense to LenderL▇▇▇▇▇, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageMortgages, or for complying with all Legal Requirements. BorrowerB▇▇▇▇▇▇▇, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender L▇▇▇▇▇ to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the PropertyProperties. Borrower grants to 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 17.3.
Appears in 1 contract
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements (including, without limitation, initial financing statements and financing statement amendments thereto and continuation statements) with or without the signature of Borrower as authorized by applicable law, to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to 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 17.3.also ratifies its authorization
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Further Acts, etc. Borrower SPTMRT will, at the cost of BorrowerSPTMRT, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender Trustee (where appropriate) and to Lender, the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower SPTMRT may be or may hereafter become bound to convey or assign to Trustee or to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal RequirementsApplicable Laws. BorrowerSPTMRT, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Trustee and Lender to execute in the name of Borrower SPTMRT or without the signature of Borrower SPTMRT to the extent Lender or Trustee may lawfully do so, one or more financing statements and financing statement amendments statements, chattel mortgages or other instruments, to evidence or perfect more effectively, perfect and maintain the priority of effectively the security interest of Trustee or Lender in the Property. Borrower SPTMRT grants to Lender 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 Lender at law and in equity, including without limitation, such rights and remedies available to Trustee or Lender pursuant to this Section 17.37.2.
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Sources: Revolving Loan Agreement (Senior Housing Properties Trust)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, including, without limitation, the execution and delivery of all such writings necessary to transfer any liquor licenses into the name of Lender or its designee after the occurrence of any Event of Default, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageUCC Financing Statements, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the PropertyProperties. Borrower grants to 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 17.3.
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Further Acts, etc. Borrower Grantor will, at the cost of BorrowerGrantor, and without expense to LenderGrantee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgagesto secure debt, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender Grantee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender Grantee the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower Grantor may be or may hereafter become bound to convey or assign to LenderGrantee, or for carrying out the intention or facilitating the performance of the terms of this Agreement Deed to Secure Debt or for filing, registering or recording the Mortgagethis Deed to Secure Debt, or for complying with all Legal Requirementsrequirements of applicable law. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, Grantor hereby authorizes Lender Grantee to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, file one or more financing statements and financing statement amendments to evidence more effectively, and perfect and maintain the priority of the security interest of Lender Grantee in the PropertyPremises, including, without limitation, financing statements containing the description “all assets of Grantor” or “all personal property of Grantor” or similar language. Borrower Upon the occurrence and continuance of an Event of Default, Grantor grants to Lender 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 Lender Grantee at law and in equity, including without limitation, limitation such rights and remedies available to Lender Grantee pursuant to this Section 17.36.2, and this power, being coupled with an interest, shall be, irrevocable as long as any part of the Obligations remains unpaid.
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Further Acts, etc. Borrower B▇▇▇▇▇▇▇ will, at the cost of BorrowerB▇▇▇▇▇▇▇, and without expense to LenderL▇▇▇▇▇, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity 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 to a de minimis extent. BorrowerB▇▇▇▇▇▇▇, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender L▇▇▇▇▇ to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender L▇▇▇▇▇ in the Property. Borrower grants to 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 17.315.3; provided, however, Lender shall not execute any such documents under such power unless an Event of Default exists.
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Sources: Loan Agreement (Industrial Logistics Properties Trust)
Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Deed of Trust or for filing, registering or recording the Mortgagethis Deed of Trust, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to 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 17.35.2.
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