Additional Security Documents. Borrower has heretofore executed and delivered, and will hereafter execute and deliver, to or for the benefit of Grantee certain other mortgages, deeds of trust, deeds to secure debt and other documents and instruments encumbering or relating to certain other property of Borrower located in other counties in the State of Georgia and/or in various other Counties and States of The United States of America as additional security for the Obligations (collectively, sometimes, the “Additional Mortgages”). The Additional Mortgages and this Security Instrument shall each and all constitute security for the Note, the Indebtedness referred to therein and the Obligations. If there should be an Event of Default in any of the terms, conditions or obligations of any of the Additional Mortgages, such default shall constitute an Event of Default under this Security Instrument. The Grantee may foreclose or otherwise enforce such security under the Additional Mortgages and in any order as Grantee may choose, enforce its rights, powers and remedies with respect to, and realize upon, such security or otherwise enforce its rights, powers and remedies with respect to, and realize upon, such security, either before or concurrently with or after a foreclosure or other enforcement of this Security Instrument, any other such security or any of the other Loan Documents (whether or not every aspect of any such foreclosure or other enforcement may be commercially reasonable), all without impairing or being deemed to have waived any rights , benefits, Liens or security evidenced by or arising under or in connection with this Security Instrument, any other such security or any of the other Loan Documents, and without being deemed to have made an election thereby or to have accepted the benefits of such security (or the proceeds thereof) in full settlement of the Obligations and of its rights with respect thereto. No judgment, order or decree rendered against Borrower with respect to any such other security or any of the other Loan Documents, whether rendered in the State in which the Collateral is situated or elsewhere, shall in any manner affect the security of this Security Instrument, and any deficiency or other debt represented by any such judgment, order or decree shall, to the extent permitted by Law, be secured by this Security Instrument to the same extent that the Obligations shall have been secured by this Security Instrument prior to the rendering of such judgment, order or decree. Borrower for itself and for any and all Persons who may at any time claim through or under Borrower or who hereafter may otherwise acquire any interest in or title to all or any part of the Collateral or any other security for the Obligations, hereby irrevocably waives and releases, to the extent permitted by Law, all benefit of any and all Laws that would limit or prohibit the effectiveness of anything set forth in this Section. Notwithstanding anything contained herein to the contrary, Grantee shall be under no duty to Borrower or any other Person or entity, including, without limitation, any holder of a junior, senior or subordinate deed to secure debt on the Collateral or any part thereof or on any other security held by Grantee, to exercise, exhaust or first resort to all or any of the rights, powers and remedies available to Grantee, whether under this Security Instrument, the other Loan Documents or the Additional Mortgages prior to the sale of the Collateral or any other enforcement of this Security Instrument. Furthermore, Borrower and such other Persons and entities waive all rights relating to marshaling and agree that Grantee shall not be compelled to release any part of the security of this Security Instrument, the other Loan Documents or the Additional Mortgages or be prevented from foreclosing or enforcing this Security Instrument, the other Loan Documents or the Additional Mortgages upon all or any part of such security unless the Obligations shall have been paid in full and that Grantee shall not be compelled to accept or allow any apportionment of the Obligations to or among any of the property encumbered by this Security Instrument, the other Loan Documents or the Additional Mortgages.
Appears in 1 contract
Additional Security Documents. Borrower (a) Mortgagor has heretofore simultaneously herewith executed and delivered, and will hereafter execute and deliver, delivered to or for the benefit of Grantee Mortgagee counterpart originals of this Mortgage to be recorded in each Town in Connecticut where any of the Mortgaged Property is located.
(b) Also, certain of the other mortgages, deeds Borrowers have simultaneously herewith executed and delivered to or for the benefit of trust, deeds to secure debt Mortgagee a certain mortgage and other documents and instruments encumbering or relating to certain property owned by such other property of Borrower Borrowers located in other counties Westchester County in the State of Georgia and/or in various other Counties and States of The United States of America New York as additional security for the Obligations Indebtedness (collectively, sometimes, the “Additional MortgagesMortgage”). , which Additional Mortgage secures the Loan.
(c) Also, certain of the other Borrowers have simultaneously herewith executed and delivered to or for the benefit of Mortgagee a certain mortgage and other documents and instruments encumbering or relating to certain property owned by such other Borrowers located in Xxxxxx County in the State of New Jersey as additional security for the Indebtedness (collectively, the “Additional NJ Mortgage”), which Additional NJ Mortgage secures the Loan, as well as the CT Loan and the NJ Loan.
(d) The Additional Mortgages Mortgage, the Additional NJ Mortgage and this Security Instrument Mortgage (and each counterpart thereof) shall each and all constitute security for the NoteNotes, the Indebtedness indebtedness referred to therein and the ObligationsIndebtedness. If there should be an Event of Default in any of the terms, conditions or obligations of any of the Additional MortgagesMortgage, or the Additional NJ Mortgage, such default shall constitute an Event of Default under this Security InstrumentMortgage. The Grantee Mortgagee may foreclose or otherwise enforce such security under the Additional Mortgages and in any order as Grantee may chooseMortgage and/or the Additional NJ Mortgage, enforce its rights, powers and remedies with respect to, and realize upon, such security or otherwise enforce its rights, powers and remedies with respect to, and realize upon, such security, either before or concurrently with or after a foreclosure or other enforcement of this Security InstrumentMortgage, any other such security or any of the other Loan Documents Documents, and in any order as Mortgagee may choose (whether or not every aspect of any such foreclosure or other enforcement may be commercially reasonable), all without impairing or being deemed to have waived any rights rights, benefits, Liens liens or security evidenced by or arising under or in connection with this Security InstrumentMortgage, any other such security or any of the other Loan Documents, the Additional Mortgage or the Additional NJ Mortgage, and without being deemed to have made an election thereby or to have accepted the benefits of such security (or the proceeds thereof) in full settlement of the Obligations and of its rights with respect thereto. No judgment, order or decree rendered against Borrower Mortgagor with respect to any such other security or any of the other Loan Documents, whether rendered in the State any state in which the Collateral any collateral is situated or elsewhere, shall in any manner affect the security of this Security InstrumentMortgage, and any deficiency or other debt represented by any such judgment, order or decree shall, to the extent permitted by Lawlaw, be secured by this Security Instrument Mortgage to the same extent that the Obligations Indebtedness shall have been secured by this Security Instrument Mortgage prior to the rendering of such judgment, order or decree. Borrower Mortgagor for itself and for any and all Persons persons who may at any time claim through or under Borrower Mortgagor or who hereafter may otherwise acquire any interest in or title to all or any part of the Collateral Mortgaged Property or any other security for the Obligations, hereby irrevocably waives and releases, to the extent permitted by Lawlaw, all benefit of any and all Laws laws that would limit or prohibit the effectiveness of anything set forth in this Section. .
(e) As set forth above in the Section entitled “Loan Agreement,” Mortgagor has also executed and delivered to or for the benefit of Mortgagee (i) the First Mortgage encumbering the Mortgaged Property and securing the CT Loan, which First Mortgage is superior and senior in priority to this Mortgage and (ii) the Second Mortgage encumbering the Mortgaged Property securing the NJ Loan, pursuant to the Loan Agreement, which Second Mortgage is also superior and senior in priority to this Mortgage.
(f) Notwithstanding anything contained herein to the contrary, Grantee Mortgagee shall be under no duty to Borrower Mortgagor or any other Person person or entity, including, without limitation, any holder of a the First Mortgage or the Second Mortgage or any other junior, senior or subordinate deed to secure debt mortgage on the Collateral Mortgaged Property or any part thereof or on any other security held by GranteeMortgagee, to exercise, exhaust or first resort to all or any of the rights, powers and remedies available to GranteeMortgagee, whether under this Security InstrumentMortgage, the other Loan Documents Documents, the First Mortgage, the Second Mortgage, the Additional Mortgage or the Additional Mortgages NJ Mortgage prior to the sale of the Collateral Mortgaged Property or any other enforcement of this Security InstrumentMortgage. Furthermore, Borrower Mortgagor and such other Persons persons and entities waive all rights relating to marshaling and agree that Grantee Mortgagee shall not be compelled to release any part of the security of this Security InstrumentMortgage, the other Loan Documents Documents, the First Mortgage, the Second Mortgage, the Additional Mortgage or the Additional Mortgages NJ Mortgage or be prevented from foreclosing or enforcing this Security InstrumentMortgage, the other Loan Documents Documents, the First Mortgage, the Second Mortgage, the Additional Mortgage or the Additional Mortgages NJ Mortgage upon all or any part of such security unless the Obligations Indebtedness shall have been paid in full and that Grantee Mortgagee shall not be compelled to accept or allow any apportionment of the Obligations Indebtedness to or among any of the property encumbered by this Security InstrumentMortgage, the other Loan Documents Documents, the First Mortgage, the Second Mortgage, the Additional Mortgage, or the Additional MortgagesNJ Mortgage.
Appears in 1 contract
Additional Security Documents. Borrower has heretofore (a) Certain of the Borrowers have simultaneously herewith executed and delivered, and will hereafter execute and deliver, delivered to or for the benefit of Grantee Mortgagee certain other mortgages, deeds of trust, deeds to secure debt mortgages and other documents and instruments encumbering or relating to certain property owned by such other property of Borrower Borrowers located in other counties Xxxxxx County in the State of Georgia and/or New Jersey the Towns of Orange, Milford and Shelton in various other Counties and States the State of The United States of America Connecticut as additional security for the Obligations Indebtedness (collectively, sometimes, the “Additional Junior Mortgages”). , which Additional Junior Mortgages each secure the Loan, but which Additional Junior Mortgages in Connecticut do not secure, and shall be subordinate and junior in priority to, the first mortgage and the loan secured thereby which is held by Mortgagee on each such other property.
(b) The Additional Junior Mortgages and this Security Instrument Mortgage (and each counterpart thereof) shall each and all constitute security for the NoteNotes, the Indebtedness indebtedness referred to therein and the ObligationsIndebtedness. If there should be an Event of Default in any of the terms, conditions or obligations of any of the Additional Junior Mortgages, such default shall constitute an Event of Default under this Security InstrumentMortgage. The Grantee Mortgagee, may foreclose or otherwise enforce such security under the Additional Mortgages and in any order as Grantee may chooseJunior Mortgages, enforce its rights, powers and remedies with respect to, and realize upon, such security or otherwise enforce its rights, powers and remedies with respect to, and realize upon, such security, either before or concurrently with or after a foreclosure or other enforcement of this Security InstrumentMortgage, any other such security or any of the other Loan Documents Documents, and in any order as Mortgagee may choose (whether or not every aspect of any such foreclosure or other enforcement may be commercially reasonable), all without impairing or being deemed to have waived any rights rights, benefits, Liens liens or security evidenced by or arising under or in connection with this Security InstrumentMortgage, any other such security or any of the other Loan Documents, and without being deemed to have made an election thereby or to have accepted the benefits of such security (or the proceeds thereof) in full settlement of the Obligations and of its rights with respect thereto. No judgment, order or decree rendered against Borrower Mortgagor with respect to any such other security or any of the other Loan Documents, whether rendered in the State any state in which the Collateral any collateral is situated or elsewhere, shall in any manner affect the security of this Security InstrumentMortgage, and any deficiency or other debt represented by any such judgment, order or decree shall, to the extent permitted by Lawlaw, be secured by this Security Instrument Mortgage to the same extent that the Obligations Indebtedness shall have been secured by this Security Instrument Mortgage prior to the rendering of such judgment, order or decree. Borrower Mortgagor for itself and for any and all Persons persons who may at any time claim through or under Borrower Mortgagor or who hereafter may otherwise acquire any interest in or title to all or any part of the Collateral Mortgaged Property or any other security for the Obligations, hereby irrevocably waives and releases, to the extent permitted by Lawlaw, all benefit of any and all Laws laws that would limit or prohibit the effectiveness of anything set forth in this Section.
(c) Mortgagor has also executed and delivered to or for the benefit of Mortgagee a Second Assignment of Leases and Rents with respect to the Mortgaged Property as additional security for the NJ Loan and the CT Loan, pursuant to the Loan Agreement, which Second Assignment of Leases and Rents (the “Junior Assignment”) is subordinate and junior in priority to this Mortgage and the Assignment of Leases and Rents. The Junior Assignment is intended to be recorded immediately following this Mortgage and the Assignment of Leases and Rents.
(d) Notwithstanding anything contained herein to the contrary, Grantee Mortgagee shall be under no duty to Borrower Mortgagor or any other Person person or entity, including, without limitation, any holder of a the Junior Assignment or any junior, senior or subordinate deed to secure debt mortgage on the Collateral Mortgaged Property or any part thereof or on any other security held by GranteeMortgagee, to exercise, exhaust or first resort to all or any of the rights, powers and remedies available to GranteeMortgagee, whether under this Security InstrumentMortgage, the other Loan Documents or the Additional Junior Mortgages prior to the sale of the Collateral Mortgaged Property or any other enforcement of this Security InstrumentMortgage. Furthermore, Borrower Mortgagor and such other Persons persons and entities waive all rights relating to marshaling and agree that Grantee Mortgagee shall not be compelled to release any part of the security of this Security InstrumentMortgage, the other Loan Documents or the Additional Junior Mortgages or be prevented from foreclosing or enforcing this Security InstrumentMortgage, the other Loan Documents or the Additional Junior Mortgages upon all or any part of such security unless the Obligations Indebtedness shall have been paid in full and that Grantee Mortgagee shall not be compelled to accept or allow any apportionment of the Obligations Indebtedness to or among any of the property encumbered by this Security InstrumentMortgage, the other Loan Documents Documents, or the Additional Junior Mortgages.
Appears in 1 contract
Samples: Mortgage, Assignment of Leases and Rents and Security Agreement (GTJ REIT, Inc.)
Additional Security Documents. Borrower (a) Mortgagor has heretofore simultaneously herewith executed and delivered, and will hereafter execute and deliver, delivered to or for the benefit of Grantee Mortgagee certain other mortgages, deeds of trust, deeds to secure debt trust and other documents and instruments encumbering or relating to certain other property of Borrower Mortgagor located in other counties in the State of Georgia and/or in various other Counties counties and States states of The United States of America as additional security for the Notes and the Obligations (collectively, sometimes, the “Additional Mortgages”). .
(b) The Additional Mortgages and this Security Instrument Mortgage shall each and all constitute security for the NoteNotes, the Indebtedness indebtedness referred to therein and the Obligations. If there should be an Event of Default in any of the terms, conditions or obligations of any of the Additional Mortgages, such default shall constitute an Event of Default under this Security InstrumentMortgage. The Grantee Mortgagee, whether acting as a fiduciary or otherwise, may foreclose or otherwise enforce such security under the Additional Mortgages and in any order as Grantee may chooseMortgages, enforce its rights, powers and remedies with respect to, and realize upon, such security or otherwise enforce its rights, powers and remedies with respect to, and realize upon, such security, either before or concurrently with or after a foreclosure or other enforcement of this Security InstrumentMortgage, any other such security or any of the other Loan Documents Documents, and in any order as Mortgagee may choose (whether or not every aspect of any such foreclosure or other enforcement may be commercially reasonable), all without impairing or being deemed to have waived any rights rights, benefits, Liens or security evidenced by or arising under or in connection with this Security InstrumentMortgage, any other such security or any of the other Loan Documents, and without being deemed to have made an election thereby or to have accepted the benefits of such security (or the proceeds thereof) in full settlement of the Obligations and of its rights with respect thereto. No judgment, order or decree rendered against Borrower Mortgagor with respect to any such other security or any of the other Loan Documents, whether rendered in the State in which the Collateral is situated or elsewhere, shall in any manner affect the security of this Security InstrumentMortgage, and any deficiency or other debt represented by any such judgment, order or decree shall, to the extent permitted by Law, be secured by this Security Instrument Mortgage to the same extent that the Obligations shall have been secured by this Security Instrument Mortgage prior to the rendering of such judgment, order or decree. Borrower Mortgagor for itself and for any and all Persons who may at any time claim through or under Borrower Mortgagor or who hereafter may otherwise acquire any interest in or title to all or any part of the Collateral or any other security for the Obligations, hereby irrevocably waives and releases, to the extent permitted by Law, all benefit of any and all Laws that would limit or prohibit the effectiveness of anything set forth in this Section.
(c) As set forth above in Section 1, Mortgagor has also executed and delivered to or for the benefit of Mortgagee another mortgage encumbering the Collateral and securing the four other Loans made by the Lenders to the Borrowers pursuant to the Credit Agreement, which mortgage is subordinate and junior in priority to this Mortgage. Such mortgage is intended to be recorded immediately following this Mortgage.
(d) Notwithstanding anything contained herein to the contrary, Grantee Mortgagee shall be under no duty to Borrower Mortgagor or any other Person or entity, including, without limitation, any holder of a any other junior, senior or subordinate deed to secure debt mortgage on the Collateral or any part thereof or on any other security held by GranteeMortgagee, to exercise, exhaust or first resort to all or any of the rights, powers and remedies available to GranteeMortgagee, whether under this Security InstrumentMortgage, the other Loan Documents or the Additional Mortgages prior to the sale of the Collateral or any other enforcement of this Security InstrumentMortgage. Furthermore, Borrower Mortgagor and such other Persons and entities waive all rights relating to marshaling and agree that Grantee Mortgagee shall not be compelled to release any part of the security of this Security InstrumentMortgage, the other Loan Documents or the Additional Mortgages or be prevented from foreclosing or enforcing this Security InstrumentMortgage, the other Loan Documents or the Additional Mortgages upon all or any part of such security unless the Obligations shall have been paid in full and that Grantee Mortgagee shall not be compelled to accept or allow any apportionment of the Obligations to or among any of the property encumbered by this Security InstrumentMortgage, the other Loan Documents or the Additional Mortgages.
Appears in 1 contract
Additional Security Documents. Borrower has heretofore (a) Certain of the other Borrowers have simultaneously herewith executed and delivered, and will hereafter execute and deliver, delivered to or for the benefit of Grantee Mortgagee certain other mortgages, deeds of trust, deeds to secure debt mortgages and other documents and instruments encumbering or relating to certain property owned by such other property of Borrower Borrowers located in other counties the Towns of Orange, Milford and Shelton in the State of Georgia and/or in various other Counties and States of The United States of America Connecticut as additional security for the Obligations portion of the Indebtedness herein defined as the NJ Loan (collectively, sometimes, the “Additional Junior Mortgages”), which Additional Junior Mortgages secure the NJ Loan, but which do not secure, and shall be subordinate and junior in priority to, the first mortgage and the loan secured thereby which is held by Mortgagee on each such other property.
(b) Also, certain of the other Borrowers have simultaneously herewith executed and delivered to or for the benefit of Mortgagee a certain Second Assignment of Leases and Rents with respect to the property in Westchester County, New York encumbered by a mortgage which secures the NY Loan, as additional security for the CT Loan and the NJ Loan, pursuant to the Loan Agreement. Said Second Assignment of Leases and Rents (the “Junior Assignment”) is subordinate and junior in priority to said mortgage and related documents which secure the NY Loan.
(c) The Additional Mortgages Junior Mortgages, the Junior Assignment and this Security Instrument Mortgage (and each counterpart thereof) shall each and all constitute security for the NoteNJ Loan, with this Mortgage also constituting security for the NY Loan and CT Loan, the Indebtedness applicable Notes, the indebtedness referred to therein and the ObligationsIndebtedness. If there should be an Event of Default in any of the terms, conditions or obligations of any of the Additional MortgagesJunior Mortgages or the Junior Assignment, such default shall constitute an Event of Default under this Security InstrumentMortgage. The Grantee Mortgagee, may foreclose or otherwise enforce such security under the Additional Junior Mortgages and in any order as Grantee may chooseand/or the Junior Assignment, enforce its rights, powers and remedies with respect to, and realize upon, such security or otherwise enforce its rights, powers and remedies with respect to, and realize upon, such security, either before or concurrently with or after a foreclosure or other enforcement of this Security InstrumentMortgage, any other such security or any of the other Loan Documents Documents, and in any order as Mortgagee may choose (whether or not every aspect of any such foreclosure or other enforcement may be commercially reasonable), all without impairing or being deemed to have waived any rights rights, benefits, Liens liens or security evidenced by or arising under or in connection with this Security InstrumentMortgage, any other such security or any of the other Loan Documents, the Additional Junior Mortgages or the Junior Assignment, and without being deemed to have made an election thereby or to have accepted the benefits of such security (or the proceeds thereof) in full settlement of the Obligations and of its rights with respect thereto. No judgment, order or decree rendered against Borrower Mortgagor with respect to any such other security or any of the other Loan Documents, whether rendered in the State any state in which the Collateral any collateral is situated or elsewhere, shall in any manner affect the security of this Security InstrumentMortgage, and any deficiency or other debt represented by any such judgment, order or decree shall, to the extent permitted by Lawlaw, be secured by this Security Instrument Mortgage to the same extent that the Obligations Indebtedness shall have been secured by this Security Instrument Mortgage prior to the rendering of such judgment, order or decree. Borrower Mortgagor for itself and for any and all Persons persons who may at any time claim through or under Borrower Mortgagor or who hereafter may otherwise acquire any interest in or title to all or any part of the Collateral Mortgaged Property or any other security for the Obligations, hereby irrevocably waives and releases, to the extent permitted by Lawlaw, all benefit of any and all Laws laws that would limit or prohibit the effectiveness of anything set forth in this Section. .
(d) Notwithstanding anything contained herein to the contrary, Grantee Mortgagee shall be under no duty to Borrower Mortgagor or any other Person person or entity, including, without limitation, any holder of a junior, senior or subordinate deed to secure debt mortgage on the Collateral Mortgaged Property or any part thereof or on any other security held by GranteeMortgagee, to exercise, exhaust or first resort to all or any of the rights, powers and remedies available to GranteeMortgagee, whether under this Security InstrumentMortgage, the other Loan Documents Documents, the Additional Junior Mortgages, or the Additional Mortgages Junior Assignment prior to the sale of the Collateral Mortgaged Property or any other enforcement of this Security InstrumentMortgage. Furthermore, Borrower Mortgagor and such other Persons persons and entities waive all rights relating to marshaling and agree that Grantee Mortgagee shall not be compelled to release any part of the security of this Security InstrumentMortgage, the other Loan Documents Documents, the Additional Junior Mortgages, or the Additional Mortgages Junior Assignment or be prevented from foreclosing or enforcing this Security InstrumentMortgage, the other Loan Documents Documents, the Additional Junior Mortgages or the Additional Mortgages Junior Assignment upon all or any part of such security unless the Obligations Indebtedness shall have been paid in full and that Grantee Mortgagee shall not be compelled to accept or allow any apportionment of the Obligations Indebtedness to or among any of the property encumbered by this Security InstrumentMortgage, the other Loan Documents Documents, the Additional Junior Mortgages or the Additional MortgagesJunior Assignment.
Appears in 1 contract
Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (GTJ REIT, Inc.)
Additional Security Documents. Borrower (a) Mortgagor has heretofore simultaneously herewith executed and delivered, and will hereafter execute and deliver, delivered to or for the benefit of Grantee Mortgagee counterpart originals of this Mortgage to be recorded in each Town in Connecticut where any of the Mortgaged Property is located.
(b) Also, certain of the other mortgages, deeds Borrowers have simultaneously herewith executed and delivered to or for the benefit of trust, deeds to secure debt Mortgagee a certain mortgage and other documents and instruments encumbering or relating to certain property owned by such other property of Borrower Borrowers located in other counties Xxxxxx County in the State of Georgia and/or in various other Counties and States of The United States of America New Jersey as additional security for the Obligations Indebtedness (collectively, sometimes, the “Additional Junior Mortgages”), which Additional Junior Mortgages secure the Loan, as well as the NJ Loan and the NY Loan.
(c) Further, certain of the other Borrowers have simultaneously herewith executed and delivered to or for the benefit of Mortgagee a certain Second Assignment of Leases and Rents with respect to the property in Westchester County, New York encumbered by a mortgage which secures the NY Loan, as additional security for the Loan and the NJ Loan, pursuant to the Loan Agreement. Said Second Assignment of Leases and Rents (the “Junior Assignment”) is subordinate and junior in priority to said mortgage and related documents which secure the NY Loan.
(d) The Additional Mortgages Junior Mortgages, the Junior Assignment and this Security Instrument Mortgage (and each counterpart thereof) shall each and all constitute security for the NoteNotes, the Indebtedness indebtedness referred to therein and the ObligationsIndebtedness. If there should be an Event of Default in any of the terms, conditions or obligations of any of the Additional Junior Mortgages, or the Junior Assignment, such default shall constitute an Event of Default under this Security InstrumentMortgage. The Grantee Mortgagee, may foreclose or otherwise enforce such security under the Additional Mortgages and in any order as Grantee may chooseJunior Mortgages, and/or the Junior Assignment, enforce its rights, powers and remedies with respect to, and realize upon, such security or otherwise enforce its rights, powers and remedies with respect to, and realize upon, such security, either before or concurrently with or after a foreclosure or other enforcement of this Security InstrumentMortgage, any other such security or any of the other Loan Documents Documents, and in any order as Mortgagee may choose (whether or not every aspect of any such foreclosure or other enforcement may be commercially reasonable), all without impairing or being deemed to have waived any rights rights, benefits, Liens liens or security evidenced by or arising under or in connection with this Security InstrumentMortgage, any other such security or any of the other Loan Documents, the Additional Junior Mortgages or the Junior Assignment, and without being deemed to have made an election thereby or to have accepted the benefits of such security (or the proceeds thereof) in full settlement of the Obligations and of its rights with respect thereto. No judgment, order or decree rendered against Borrower Mortgagor with respect to any such other security or any of the other Loan Documents, whether rendered in the State any state in which the Collateral any collateral is situated or elsewhere, shall in any manner affect the security of this Security InstrumentMortgage, and any deficiency or other debt represented by any such judgment, order or decree shall, to the extent permitted by Lawlaw, be secured by this Security Instrument Mortgage to the same extent that the Obligations Indebtedness shall have been secured by this Security Instrument Mortgage prior to the rendering of such judgment, order or decree. Borrower Mortgagor for itself and for any and all Persons persons who may at any time claim through or under Borrower Mortgagor or who hereafter may otherwise acquire any interest in or title to all or any part of the Collateral Mortgaged Property or any other security for the Obligations, hereby irrevocably waives and releases, to the extent permitted by Lawlaw, all benefit of any and all Laws laws that would limit or prohibit the effectiveness of anything set forth in this Section.
(e) As set forth above in the Section entitled “Loan Agreement,” Mortgagor has also executed and delivered to or for the benefit of Mortgagee (i) the Second Mortgage encumbering the Mortgaged Property and securing the NJ Loan, and (ii) the Third Mortgage encumbering the Mortgaged Property securing the NY Loan, pursuant to the Loan Agreement, which mortgages (the “Junior Mortgage”) are subordinate and junior in priority to this Mortgage. The Junior Mortgage is intended to be recorded immediately following this Mortgage.
(f) Notwithstanding anything contained herein to the contrary, Grantee Mortgagee shall be under no duty to Borrower Mortgagor or any other Person person or entity, including, without limitation, any holder of a Junior Mortgage or any other junior, senior or subordinate deed to secure debt mortgage on the Collateral Mortgaged Property or any part thereof or on any other security held by GranteeMortgagee, to exercise, exhaust or first resort to all or any of the rights, powers and remedies available to GranteeMortgagee, whether under this Security InstrumentMortgage, the other Loan Documents Documents, the Additional Junior Mortgages or the Additional Mortgages Junior Assignment prior to the sale of the Collateral Mortgaged Property or any other enforcement of this Security InstrumentMortgage. Furthermore, Borrower Mortgagor and such other Persons persons and entities waive all rights relating to marshaling and agree that Grantee Mortgagee shall not be compelled to release any part of the security of this Security InstrumentMortgage, the other Loan Documents Documents, the Additional Junior Mortgages or the Additional Mortgages Junior Assignment or be prevented from foreclosing or enforcing this Security InstrumentMortgage, the other Loan Documents Documents, the Additional Junior Mortgages or the Additional Mortgages Junior Assignment upon all or any part of such security unless the Obligations Indebtedness shall have been paid in full and that Grantee Mortgagee shall not be compelled to accept or allow any apportionment of the Obligations Indebtedness to or among any of the property encumbered by this Security InstrumentMortgage, the other Loan Documents Documents, the Additional Junior Mortgages, or the Additional MortgagesJunior Assignment.
Appears in 1 contract