Common use of Mortgaged Real Property Clause in Contracts

Mortgaged Real Property. (i) a Mortgage encumbering each Mortgaged Real Property in favor of Collateral Agent, for the benefit of the Secured Parties, duly executed and acknowledged by each Loan Party that is the owner of or holder of any interest in such Mortgaged Real Property, and otherwise in form for recording or filing, as applicable, in the recording office of each county where each such Mortgaged Real Property is situated, together with such certificates, affidavits, questionnaires or returns as shall be required in connection with the recording or filing thereof to create a mortgage lien under applicable law, and financing statements relating to the fixtures located on such Mortgage Property, all of which shall be in form and substance reasonably satisfactory to Collateral Agent, and any other instruments necessary to grant a mortgage lien under the laws of any applicable jurisdiction; (ii) such consents, approvals, amendments, supplements, tenant subordination agreements (to the extent reasonably obtainable) or other instruments as shall reasonably be deemed necessary by the Collateral Agent in order for the owner or holder of the fee or leasehold interest constituting such Mortgaged Real Property to grant the Lien contemplated by the Mortgage with respect to such Mortgaged Real Property; provided, however, no subordination agreements shall be required with respect to the Existing Leases; (iii) evidence reasonably acceptable to the Collateral Agent of payment by Borrower of any mortgage recording taxes, fees, charges, costs and expenses required for the recording of the Mortgages referred to subparagraph (i) above; (iv) with respect to each Real Property owned by any of the Companies or Mortgaged Real Property, copies of all Leases in which Borrower or any Subsidiary holds the lessor’s interest or other agreements relating to possessory interests, if any; (v) Borrower and each Subsidiary shall have made all notification, registrations and filings, to the extent required by, and in accordance with, all Governmental Real Property Disclosure Requirements applicable to such Mortgaged Real Property; and (vi) casualty and property insurance reasonably acceptable to the Collateral Agent.

Mortgaged Real Property. (i) a Mortgage encumbering Administrative Agent shall have received with respect to each Mortgaged Real Property in favor of Collateral Agent, for the benefit of the Secured Parties, duly executed identified on Schedule 1.01(C): (A) a Mortgage reasonably satisfactory to Administrative Agent and acknowledged by each Loan Party that is the owner of or holder of any interest in such Mortgaged Real Property, and otherwise in form for recording or filing, as applicable, in the recording office of each county political subdivision where each such Mortgaged Real Property is situated, together with such certificateswhich Mortgage shall, affidavitswhen recorded, questionnaires or returns as shall be required in connection with the recording or filing thereof effective to create in favor of Collateral Agent on behalf of the Secured Parties a mortgage lien under applicable lawvalid, enforceable and financing statements relating perfected first priority Lien (except to the fixtures located extent limited by applicable Requirements of Law (including, without limitation, any Gaming/Racing Laws)) on such Mortgage PropertyMortgaged Real Property subordinate to no Liens other than Permitted Liens, all (B) with respect to each Mortgage, legal opinions, each of which shall be addressed to Administrative Agent, Collateral Agent and the Lenders, dated the effective date of such Mortgage and covering such matters as Administrative Agent shall reasonably request, including, but not limited to, the enforceability of such Mortgage and the due authorization, execution and delivery of such Mortgage, in a manner customary for transactions of this type and otherwise in form and substance reasonably satisfactory to Collateral Administrative Agent, and any other instruments necessary to grant a mortgage lien under the laws of any applicable jurisdiction; (ii) such consents, approvals, amendments, supplements, tenant subordination agreements (to the extent reasonably obtainable) or other instruments as shall reasonably be deemed necessary by the Collateral Agent in order for the owner or holder of the fee or leasehold interest constituting such Mortgaged Real Property to grant the Lien contemplated by the Mortgage with respect to such Mortgaged Real Property; provided, however, no subordination agreements shall be required with respect to the Existing Leases; (iii) evidence reasonably acceptable to the Collateral Agent of payment by Borrower of any mortgage recording taxes, fees, charges, costs and expenses required for the recording of the Mortgages referred to subparagraph (i) above; (ivC) with respect to each Mortgage, a policy or policies of title insurance issued by a nationally recognized title insurance company insuring the Lien of each such Mortgage as a valid first priority Lien on the Mortgaged Real Property owned by described therein, free of any other Liens except Permitted Liens, in amounts and in form and substance reasonably acceptable to Administrative Agent, together with such endorsements, coinsurance and reinsurance as Administrative Agent may reasonably request, (D) such surveys (including existing surveys together with affidavits of no-change) sufficient for the Companies or title company to remove all standard survey exceptions from the mortgage title policy relating to such Mortgaged Real Property and issue the survey-related endorsements otherwise in form and substance reasonably satisfactory to Administrative Agent, (E) with respect to each Mortgage and/or each Mortgaged Real Property, copies of all Leases in which Borrower or any Subsidiary holds the lessor’s interest or other agreements relating to possessory interests, if any; (v) Borrower and each Subsidiary shall have made all notification, registrations and such fixture filings, to the extent required byinsurance certificates, and in accordance withconsents, all estoppels, memoranda of lease, Governmental Real Property Disclosure Requirements applicable Requirements, certificates, affidavits, instruments, returns and other documents as shall be deemed reasonably necessary by Administrative Agent, in each case, in form and substance reasonably acceptable to Administrative Agent and (F) a completed “Life-of-Loan” Federal Emergency Management Agency standard flood hazard determination with respect to each such Mortgaged Real Property; and , and if such Mortgaged Real Property is located in a special flood hazard area, a notice about special flood hazard area status and flood disaster assistance duly executed by Borrower and the applicable Credit Party relating thereto together with evidence of insurance as required pursuant to Section 9.02(c), in each case under this clause (vi) casualty F), in form and property insurance substance reasonably acceptable satisfactory to the Collateral Administrative Agent.

Mortgaged Real Property. The Collateral Agent shall have received: (i) a mortgage modification with respect to each Mortgage encumbering each Mortgaged Real Property in favor of Collateral Agent, for the benefit of the Secured Parties, duly executed and acknowledged by each Loan Party that is the owner of or holder of any interest in such Mortgaged Real Property, and otherwise in form for recording or filing, as applicable, in the recording office of each county where each such Mortgaged Real Property is situated, together with such certificates, affidavits, questionnaires or returns as shall be required in connection with the recording or filing thereof to create a mortgage lien under applicable law, and financing statements relating to the fixtures located on such Mortgage Property, all of which shall be in form and substance reasonably satisfactory to Collateral Agent, and any other instruments necessary to grant a mortgage lien under the laws of any applicable jurisdiction; (ii) such consents, approvals, amendments, supplements, tenant subordination agreements (to the extent reasonably obtainable) or other instruments as shall reasonably be deemed necessary by the Collateral Agent in order for the owner or holder of the fee or leasehold interest constituting such Mortgaged Real Property to grant the Lien contemplated by the Mortgage with respect to such Mortgaged Real Property; provided, however, no subordination agreements shall be required with respect to the Existing Leases; (iii) evidence reasonably acceptable to the Collateral Agent of payment by Borrower of any mortgage recording taxes, fees, charges, costs and expenses required for the recording of the Mortgages mortgage modifications referred to subparagraph (i) above; (iv) with respect to each Real Property owned by any of the Companies or Mortgaged Real Property, copies of all Leases in which Borrower or any Subsidiary holds the lessor’s interest or other agreements relating to possessory interests, if any; (viii) Borrower and each Subsidiary shall have made all notification, registrations and filings, to the extent required by, and in accordance with, all Governmental Real Property Disclosure Requirements applicable to such Mortgaged Real Property; (iv) Mortgage modification endorsements or such other title endorsements or policies as reasonably requested insuring the Mortgages as modified by the mortgage modifications referred to subparagraph (i) above; and (viv) casualty flood zone certificates in form and property substance reasonably satisfactory to Agent and evidence of flood insurance reasonably acceptable with respect to the Collateral Agentany Mortgaged Property located in a flood zone.