Real Property Security Clause Samples

Real Property Security. The Company agrees that, if all or a portion of the Guarantied Obligations or any other guaranty of all or a portion of the Guarantied Obligations are at any time secured by a deed of trust or mortgage covering interests in real property, the Administrative Agent or its designee, in its sole discretion, without notice or demand and without affecting the liability of the Company, may foreclose, pursuant to the terms of the Loan Documents or otherwise, on any such deed of trust or mortgage and the property described therein by nonjudicial or other sale. Without limiting any of the waivers contained elsewhere herein, the Company hereby waives any defense to liability arising by reason of the exercise by the Lenders or the Administrative Agent, or any of them, of any right or remedy contained in any such deed of trust or mortgage or any of the other Loan Documents. The Company waives all rights and defenses arising out of an election of remedies by the Lenders or the Administrative Agent, even though the election of remedies, such as a nonjudicial foreclosure with respect to security for a Guarantied Obligation, has destroyed the Company’s rights of subrogation and reimbursement against McKesson Canada by the operation of Section 580d of the California Code of Civil Procedure or otherwise.

Real Property Security. (a) The Administrative Agent shall not enter into any Security Document in respect of any real property located in the United States (and which are subject to Flood Insurance Laws) acquired by the Borrower or any other Obligor after the date of the Credit Agreement until (1) the date that occurs 45 days after the Administrative Agent has delivered to the Lenders (which may be delivered electronically) the following documents in respect of such real property: (i) a completed flood hazard determination from a third party vendor; (ii) if such real property is located in a “special flood hazard area” as identified by the Federal Emergency Management Agency (or any successor agency), (A) a notification to the Borrower (or applicable Obligor) of that fact and (if applicable) notification to the Borrower (or applicable Obligor) that flood insurance coverage is not available and (B) evidence of the receipt by the Borrower (or applicable Obligor) of such notice; and (iii) if such notice is required to be provided to the Borrower (or applicable Obligor) and flood insurance is available in the community in which such real property is located, evidence of required flood insurance and (2) the Administrative Agent shall have received written confirmation from the Lenders that flood insurance due diligence and flood insurance compliance have been completed by the Lenders (such written confirmation not to be unreasonably conditioned, withheld or delayed). (b) If any Lender determines, acting reasonably, that any applicable law has made it unlawful, or that any governmental authority has asserted that it is unlawful, for such Lender to hold or benefit from a Lien over real property pursuant to any law of the United States or any State thereof, such Lender may notify the Administrative Agent and disclaim any benefit of such security interest to the extent of such illegality; provided, that such determination or disclaimer shall not invalidate or render unenforceable such Lien for the benefit of any other Lender.

Real Property Security. As security for the Lessee Obligations, Lessee hereby irrevocably and unconditionally grants, conveys, transfers and assigns to Lessor, as beneficiary (in trust for the benefit of the Lessor Parties), with power of sale and right of entry and possession, all estate, right, title and interest of Lessee in the following property, whether now owned or leased or hereafter acquired, (collectively, the "Real Property Collateral"): (i) The Land; (ii) All Lessor Improvements located on the Land; (iii) All Appurtenant Rights belonging, relating or pertaining to any of the foregoing Land or Lessor Improvements; (iv) All Subleases of and all Issues and Profits accruing from any of the foregoing Land, Lessor Improvements or Appurtenant Rights to the extent that such Subleases and Issues and Profits constitute real property; (v) All Related Goods, Related Permits and Related Agreements related to any of the foregoing Land, Lessor Improvements or Appurtenant Rights to the extent that such Related Goods, Related Agreements and Related Permits constitute real property;

Real Property Security. Guarantor agrees that the Secured Parties, in their sole discretion, without notice or demand and without affecting the liability of Guarantor under this Guaranty, may foreclose pursuant to the terms of the Intercreditor Agreement or otherwise on the deeds of trust and mortgages securing the Indebtedness and the interests in real property secured thereby by nonjudicial sale. Guarantor understands that the exercise by the Secured Parties of certain rights and remedies contained in the Intercreditor Agreement and any such deed of trust or mortgage may affect or eliminate Guarantor's right of subrogation against Huntway and that Guarantor may therefore incur a partially or totally non-reimbursable liability hereunder. Nevertheless, Guarantor hereby authorizes and empowers the Secured Parties to exercise, in its sole discretion, any rights and remedies, or any combination thereof, which may then be available, since it is the intent and purpose of Guarantor that the obligations hereunder shall be absolute, independent and unconditional under any and all circumstances. Without limiting the generality of the foregoing, Guarantor waives all rights and defenses arising out of an election of remedies by the Secured Parties, even though that election of remedies, such as a nonjudicial foreclosure with respect to security for the Indebtedness, has destroyed the Guarantor's rights of subrogation and reimbursement against Huntway by the operation of Section 580d of the Code of Civil Procedure, or otherwise. Notwithstanding any foreclosure of the lien of any deed of trust or security agreement with respect to any or all of any deed of trust or security agreement with respect to any or all of any real or personal property secured thereby, whether by the exercise of the power of sale contained therein, by an action for judicial foreclosure or by an acceptance of a deed in lieu of foreclosure, Guarantor shall remain bound under this Guaranty including its obligation to pay any deficiency under a nonjudicial foreclosure.

Real Property Security. Guarantor agrees that the Secured Parties, in their sole discretion, without notice or demand and without affecting the liability of Guarantor under this Guaranty, may foreclose pursuant to the terms of the Intercreditor Agreement or otherwise on the deeds of trust and mortgages securing the Indebtedness and the interests in real property secured thereby by nonjudicial sale. Guarantor understands that the exercise by the Secured Parties of certain rights and remedies contained in the Intercreditor Agreement and any such deed of trust or mortgage may affect or eliminate Guarantor's right of subrogation against Sunbelt

Real Property Security. 18.1 As security for Your obligations and liabilities under this Hire Agreement, You hereby charge for the due and punctual payment and performance of those obligations and liabilities, all of Your legal and equitable interest (both present and future) of whatsoever nature held in any and all real property. 18.2 Without limiting the generality of the charge in this clause, You agree, on Our request, to execute any documents and do all things necessary required by Us to register a mortgage security or other instrument of security over any real property and against the event that You fail to do so within a reasonable time of being so requested, You irrevocably and by way of security, appoint any credit manager or solicitor engaged by Us to be Your true and lawful attorney to execute and register such instruments. 18.3 You will indemnify Us on an indemnity basis against all costs and expenses incurred by Us in connection with the preparation and registration of any such charge and mortgage documents. 18.4 You also consent unconditionally to Us lodging a caveat or caveats noting Our interest in any of Your real property.

Real Property Security. Borrower agrees to execute and deliver to Lender a deed of trust dated concurrently with this Loan Agreement (the "DEED OF TRUST") granting to Lender a first lien security interest on Real Property (the "COLLATERAL"), to secure the payment and performance of the obligations hereunder.

Real Property Security. Circus agrees that, if all or a portion of the Obligations or any other guaranty of all or a portion of the Obligations are at any time secured by a deed of trust or mortgage covering interests in real property, then, in the event that Additional Contributions are not made when required pursuant to Section 2.1, Administrative Agent or its designee, in its sole discretion, without notice or demand and without affecting the liability of Circus, may foreclose at any time thereafter, pursuant to the terms of the Loan Documents (including Section 7.6A of the Credit Agreement) or otherwise in accordance with applicable law, on any such deed of trust or mortgage and the property described therein by nonjudicial or other sale without affecting the obligations of Circus hereunder. Without limiting any of the waivers contained elsewhere herein, Circus hereby waives any defense to liability arising by reason of the exercise by Lenders or Administrative Agent or any of them, of any right or remedy contained in any such deed of trust or mortgage or any of the other Loan Documents. Circus hereby authorizes and empowers Administrative Agent and any Lender to exercise, in its sole discretion, any rights or remedies, or any combination thereof, which may then be available, since it is the intent and purpose of Circus that its obligations hereunder shall be absolute, independent and unconditional under any and all circumstances, subject, only, to the right of Circus to terminate this Agreement in the manner, and upon the fulfillment of the conditions, set forth in Section 2.14 hereof. Notwithstanding any foreclosure of the lien of any such deed of trust or mortgage, whether by the exercise of the power of sale contained therein, by an action for judicial foreclosure, or by acceptance of a deed in lieu of foreclosure, Circus shall remain bound under this Make-Well Agreement; provided the net proceeds of any such exercise of remedies shall be deducted from the Obligations to the extent such proceeds are applied to reduce the Obligations in any calculation of amounts owing from Circus under the terms of this Make-Well Agreement.

Real Property Security. As security for the Lessee Obligations, Lessee hereby irrevocably and unconditionally grants, conveys, transfers and assigns to Lessor, in trust for the benefit of the Lessor Parties, with power of sale and right of entry and possession, all estate, right, title and interest of Lessee in the following property, whether now owned or leased or hereafter acquired, (collectively, the "Real Property Collateral"):