Common use of PURPOSE OF SECURING Clause in Contracts

PURPOSE OF SECURING. (i) the payment of the Loan and all interest, late charges, LIBOR breakage charges (as described in the Note), interest rate swap or hedge expenses (if any), reimbursement obligations, fees and expenses for letters of credit issued by the Lender for the benefit of the Mortgagor and/or Borrowers, if any, and other indebtedness evidenced by or owing under the Note, any of the other Loan Documents, and any application for letters of credit and master letter of credit agreement, together with any extensions, modifications, renewals or refinancings of any of the foregoing; (ii) the obligations and liabilities of the Mortgagor and/or Borrowers to the Lender under and pursuant to (a) that certain ISDA Master Agreement and any and all schedules and exhibits thereto, dated of even date herewith, executed by and between the Borrowers and the Lender, as amended from time to time, together with interest thereon at the Default Rate (as defined in the Note), and (b) any other interest rate, currency or commodity swap agreement, cap agreement or collar agreement, executed by and between the Mortgagor and/or Borrowers and the Lender from time to time (collectively, “Interest Rate Agreements”), (iii) the performance and observance of the covenants, conditions, agreements, representations, warranties and other liabilities and obligations of the Mortgagor and/or Borrowers or any other obligor to or benefiting the Lender which are evidenced or secured by or otherwise provided in the Note, this Mortgage or any of the other Loan Documents; (iv) any future advances by the Lender in connection with the Loan Documents; and (v) the reimbursement to the Lender of any and all sums incurred, expended or advanced by the Lender pursuant to any term or provision of or constituting additional indebtedness under or secured by this Mortgage, any of the other Loan Documents or any Interest Rate Agreements or any application for letters of credit and master letter of credit agreement, with interest thereon as provided herein or therein (collectively, the “Indebtedness”). IT IS FURTHER UNDERSTOOD AND AGREED THAT:

PURPOSE OF SECURING. M▇▇▇▇▇▇▇▇ makes the grant, conveyance, transfer and assignment set forth in Article 1 (iG▇▇▇▇), makes the irrevocable and absolute assignment set forth in Article 3 (Assignment of Leases and Rents), and grants the security interest set forth in Article 4 (Security Interest in Related Personalty), all for the purpose of securing the following obligations (the “Secured Obligations”) the payment in any order of priority that Mortgagee may choose: (a) Payment of the Loan indebtedness evidenced by that certain Promissory Note of even date herewith given by Mortgagor in favor of Mortgagee, pursuant to which Mortgagee made a loan to Mortgagor in the maximum principal amount of [______________] Dollars ([______________]), and having a final maturity date of [______________] (as the same may be increased, renewed, amended, restated, or otherwise modified from time to time, the “Promissory Note”), together with all interest, late charges, LIBOR breakage charges (prepayment fees, additional interest, collection costs, fees, and expenses as described provided in the Promissory Note), interest rate swap or hedge expenses (if any), reimbursement obligations, fees and expenses for letters of credit issued by the Lender for the benefit of the Mortgagor and/or Borrowers, if any, and other indebtedness evidenced by or owing under the Note, any of the other Loan Documents, and any application future advances of amounts available for letters of credit and master letter of credit agreementborrowing under the Promissory Note, together with any extensions, modifications, renewals or refinancings of any of the foregoing; (ii) the obligations and liabilities of the Mortgagor and/or Borrowers to the Lender fullest extent permitted under and pursuant to (a) that certain ISDA Master Agreement and any and all schedules and exhibits thereto, dated of even date herewith, executed by and between the Borrowers and the Lender, as amended from time to time, together with interest thereon at the Default Rate (as defined in the Note), and applicable law; (b) any other interest rate, currency or commodity swap agreement, cap agreement or collar agreement, executed by Payment and between the performance of all obligations of Mortgagor and/or Borrowers under this Mortgage; (c) Prompt and the Lender from time to time (collectively, “Interest Rate Agreements”), (iii) the complete performance and observance of each and every covenant, obligation, or agreement of Mortgagor contained in this Mortgage or contained in any other document or instrument given by M▇▇▇▇▇▇▇▇ to further evidence or secure the covenantsindebtedness represented by the Promissory Note, conditions, agreements, representations, warranties but excluding any separate environmental indemnity; and (d) Payment of any additional sums (and other liabilities and accrued interest) that may be loaned or advanced by Mortgagee to Mortgagor under any promissory note or notes evidencing loans that specifically state that they are secured by this Mortgage. This Mortgage also secures payment of all obligations of Mortgagor under the Promissory Note which arise after the Promissory Note is extended, renewed, modified or amended pursuant to any written agreement between Mortgagor and/or Borrowers and Mortgagee, and all obligations of Mortgagor under any successor agreement or instrument which restates and supersedes the Promissory Note in its entirety. This Mortgage does not secure any obligation which expressly states that it is unsecured, whether contained in the foregoing Promissory Note or in any other document, agreement or instrument. Unless specifically described in subparagraph (a) above, “Secured Obligations” shall not include any debts, obligations or liabilities which are or may hereafter be “consumer credit” subject to the disclosure requirements of the Federal Truth in Lending law or any other obligor to or benefiting regulation promulgated thereunder. Without limiting the Lender which are evidenced or secured by or otherwise provided in generality of the Noteforegoing, this Mortgage or does not and shall not in any event be deemed to, secure the obligations of Mortgagor owing to Mortgagee under the other Loan Documents; (iv) any future advances by the Lender Environmental Indemnity executed in connection with the Loan Documents; and (v) the reimbursement to the Lender of any and all sums incurred, expended or advanced by the Lender pursuant to any term or provision of or constituting additional indebtedness under or secured by this Mortgage, any of the other Loan Documents foregoing Promissory Note or any Interest Rate Agreements or any application for letters of credit and master letter of credit agreement, with interest thereon as provided herein or therein (collectively, obligations that are the “Indebtedness”). IT IS FURTHER UNDERSTOOD AND AGREED THAT:substantial equivalent thereof.

PURPOSE OF SECURING. Grantor makes the grant, bargain, sale, conveyance, transfer and assignment set forth in Section 1, makes the irrevocable and absolute assignment set forth in Section 12, and grants the security interest set forth in Section 16, all for the purpose of securing the following obligations (the “Secured Obligations”) in any order of priority that Grantee may choose: (a) (i) the payment of the Loan and all interest, late charges, LIBOR breakage charges prepayment premium (as described in the Noteif any), interest rate swap or hedge expenses exit fee (if any), reimbursement obligations, fees and expenses for letters of credit issued by the Lender for the benefit of the Mortgagor and/or Borrowers, if any, and other indebtedness evidenced by or owing under the Note, any of Note and the other Loan Documents, and any application for letters of credit and master letter of credit agreementDocuments (as defined in the Loan Agreement), together with any extensions, modifications, renewals or refinancings of any of the foregoing; (ii) the obligations and liabilities of the Mortgagor and/or Borrowers to the Lender under and pursuant to (a) that certain ISDA Master Agreement and any and all schedules and exhibits thereto, dated of even date herewith, executed by and between the Borrowers and the Lender, as amended from time to time, together with interest thereon at the Default Rate (as defined in the Note), and (b) any other interest rate, currency or commodity swap agreement, cap agreement or collar agreement, executed by and between the Mortgagor and/or Borrowers and the Lender from time to time (collectively, “Interest Rate Agreements”), (iii) the performance and observance of the covenants, conditions, agreements, representations, warranties and other liabilities and obligations of the Mortgagor and/or Borrowers or any and the other obligor Obligors (as defined in the Loan Agreement) to or benefiting the Lender Grantee which are evidenced or secured by or otherwise provided in the Note, this Mortgage or any of Deed to Secure Debt and the other Loan Documents; (iv) any future advances by the Lender in connection with the Loan Documents; and (viii) the reimbursement to the Lender of Grantee of any and all sums incurred, expended or advanced by the Lender Grantee pursuant to any term or provision of or constituting additional indebtedness under or secured by this Mortgage, any of Deed to Secure Debt and the other Loan Documents or any Interest Rate Agreements or any application for letters of credit and master letter of credit agreementDocuments, with interest thereon as provided herein or therein therein; (iv) the Obligations (as defined in the Loan Agreement); (v) the payment and performance of all future advances and other obligations any of the Borrowers and the other Obligors (or any successor in interest to any of the foregoing) may agree to pay or perform (whether as principal, surety, or guarantor) to or for the benefit of Grantee; and (vi) so long as such obligations remain outstanding, the Guaranty Obligations (collectively, the foregoing items (i) through (vi) referred to herein as the “Indebtedness”). (b) This Deed to Secure Debt does not secure any obligations arising in favor of Grantee under any environmental agreements or any indemnities or other obligations related to hazardous substances or environmental laws relating to the Property or under any obligation which expressly states that it is unsecured, whether contained in the foregoing Debt Instrument or in any other document, agreement or instrument. IT IS FURTHER UNDERSTOOD AND AGREED THAT:Unless specifically described in subsection (a) above or otherwise agreed in writing, “Secured Obligations” shall not include any debts, obligations or liabilities which are or may hereafter be “consumer credit” subject to the disclosure requirements of the Federal Truth in Lending law or any regulation promulgated thereunder. (c) It is the intention of Grantor and Grantee that this Deed to Secure Debt shall establish for the benefit of Grantee a perpetual or indefinite security interest in the Property to secure the Secured Obligations as provided by O.C.G.A. Section 44-14-80(a)(2).

PURPOSE OF SECURING. Trustor makes the grant, conveyance, transfer and assignment set forth in Article 1 (iGrant in Trust), makes the assignment set forth in Article 3 (Assignment of Leases and Rents), and grants the security interest set forth in Article 4 (Security Interest in Related Personalty), all for the purpose of securing the following obligations (the “Secured Obligations”) the payment in any order of priority that L▇▇▇▇▇ may choose: (a) Payment of the Loan indebtedness evidenced by that certain Promissory Note of even date herewith given by Trustor in favor of L▇▇▇▇▇, [__________] Dollars ([__________]), and having a final maturity date of [__________] (as the same may be increased, renewed, amended, restated, or otherwise modified from time to time, the “Promissory Note”), together with all interest, late charges, LIBOR breakage charges (prepayment fees, additional interest, collection costs, fees, and expenses as described provided in the Promissory Note), interest rate swap or hedge expenses (if any), reimbursement obligations, fees and expenses for letters of credit issued by the Lender for the benefit of the Mortgagor and/or Borrowers, if any, and other indebtedness evidenced by or owing under the Note, any of the other Loan Documents, and any application for letters of credit and master letter of credit agreement, together with any extensions, modifications, renewals or refinancings of any of the foregoing; (ii) the obligations and liabilities of the Mortgagor and/or Borrowers to the Lender under and pursuant to (a) that certain ISDA Master Agreement and any and all schedules and exhibits thereto, dated of even date herewith, executed by and between the Borrowers and the Lender, as amended from time to time, together with interest thereon at the Default Rate (as defined in the Note), and ; (b) any other interest rate, currency or commodity swap agreement, cap agreement or collar agreement, executed by Payment and between the Mortgagor and/or Borrowers performance of all obligations of Trustor under this Deed of Trust; (c) Prompt and the Lender from time to time (collectively, “Interest Rate Agreements”), (iii) the complete performance and observance of each and every covenant, obligation, or agreement of Trustor contained in this Deed of Trust or contained in any other document or instrument given by Trustor to further evidence or secure the covenantsindebtedness represented by the Promissory Note, conditions, agreements, representations, warranties but excluding any separate environmental indemnity; and (d) Payment of any additional sums (and other liabilities accrued interest) that may be loaned or advanced by Lender to Trustor under any promissory note or notes evidencing Payment of any additional sums (and accrued interest) that may be loaned or advanced by Lender to Trustor under any promissory note or notes evidencing loans that specifically state that they are secured by this Deed of Trust. This Deed of Trust also secures payment of all obligations of Trustor under the Mortgagor and/or Borrowers Promissory Note which arise after the Promissory Note is extended, renewed, modified or amended pursuant to any written agreement between Trustor and Lender, and all obligations of Trustor under any successor agreement or instrument which restates and supersedes the Promissory Note in its entirety. This Deed of Trust does not secure any obligation which expressly states that it is unsecured, whether contained in the foregoing Promissory Note or in any other obligor to document, agreement or benefiting instrument. Without limiting the Lender which are evidenced or secured by or otherwise provided in generality of the Noteforegoing, this Mortgage or Deed of Trust does not and shall not in any event be deemed to, secure the obligations of Trustor owing to Lender under the other Loan Documents; (iv) any future advances by the Lender Environmental Indemnity executed in connection with the Loan Documents; and (v) the reimbursement to the Lender of any and all sums incurred, expended or advanced by the Lender pursuant to any term or provision of or constituting additional indebtedness under or secured by this Mortgage, any of the other Loan Documents foregoing Promissory Note or any Interest Rate Agreements or any application for letters of credit and master letter of credit agreement, with interest thereon as provided herein or therein (collectively, obligations that are the “Indebtedness”). IT IS FURTHER UNDERSTOOD AND AGREED THAT:substantial equivalent thereof.