Agreement to mortgage. To mortgage all of your present and future right, title and interest in land to us as security for payment of all moneys payable by you under this Agreement. You must execute in our favour upon our request a registrable mortgage in such form as we may require over any land or interest in land which you may presently hold or subsequently acquire as security for payment of all moneys payable under this Agreement.
Agreement to mortgage. To the extent that the Security Documents include an interest in Land, each Obligor who is party to such Security Documents irrevocably agrees:
(a) as security for its obligations to the Lender under the Loan Agreement, to grant a mortgage over the Land; and
(b) to execute and deliver a memorandum of mortgage over the Land promptly on demand in writing from the Lender at any time during the term of the Loan Agreement.
Agreement to mortgage. Mortgages all of its present and future right, title and interest in land to Oxford as security for payment of all moneys payable by the Lessee under this Agreement.
Agreement to mortgage. You irrevocably agree:
(a) as security for your obligations to us under this Agreement, to grant a mortgage over the Property; and
(b) to execute and deliver to us a memorandum of mortgage over the Property.
Agreement to mortgage. Mortgagor hereby mortgages to Mortgagee and intends that the lien of the Mortgage shall hereby attach and spread to Mortgagor's right, title and interest in the land and premises more particularly described on Exhibit "A" attached hereto and made a part hereof and shall be deemed to be a valid mortgage lien on such property under and subject to easements, agreements and restrictions of record.
Agreement to mortgage. Mortgagor hereby mortgages the Authority Lands to Mortgagee and intends that the lien of the Mortgage shall hereby attach and spread to Mortgagor's right, title and interest in the Authority Lands and shall be deemed to be a valid mortgage lien on such property under and subject to easements, agreements and restrictions of record.
Agreement to mortgage. The Borrower acknowledges that the Personal Property Collateral may not be sufficient security to protect 1Loan’s interests and accordingly the Borrower agrees to mortgage all of the Borrower’s present and future right, title and interest in the Land Collateral (or any property purchased in substitution of the Land Collateral) in favour of 1Loan to the intent that a caveatable interest is created in the Land Collateral as security for payment of all moneys payable by the Borrower under this Agreement. The Borrower agrees that on request from 1Loan the Borrower will execute a registerable mortgage in a form required by 1Loan over the Land Collateral for this purpose.
Agreement to mortgage. The Parent shall cause to be provided and maintained at all times from and after the Effective Date until Payment In Full (i) a lien on and security interest in the Pledged Collateral, which lien and security interest will, upon filing of all requisite financing statements, be a perfected lien and security interest (to the extent such lien on and security interest in the Pledged Collateral can be perfected by such filing), prior to all other liens and security interests, and (ii) a first priority equitable share mortgage on and security interest in the Share Mortgage Collateral, including 65% of the Equity Interests of the Foreign Borrower, and the Parent shall cause such pledge and share mortgage to be perfected in accordance with the terms of the Pledge Agreement and the Share Mortgage Agreement, respectively (subject to any restriction set out therein); provided that the Obligations secured by such pledge and share mortgage shall not exceed the CNTA Threshold. Such security interests and Liens will be created under the Security Documents and other security agreements, instruments and documents in form and substance reasonably required by the Administrative Agent, and the Borrowers shall deliver or cause to be delivered to the Lenders all such instruments and documents (including, upon reasonable request, legal opinions and lien searches) as the Administrative Agent shall reasonably request to evidence compliance with this Section 5.10. The Parent agrees to provide such evidence as the Administrative Agent shall reasonably request as to the creation, enforceability, perfection and priority status of each such security interest and Lien.
Agreement to mortgage. You will on demand by the Creditor sign a registrable all obligations mortgage (“the mortgage”) of the property described in the Schedule (refer page 2) (“the property”) in favour of the Creditor to secure repayment of all moneys owing to the Creditor. The mortgage will be the Auckland District Law Society form memorandum number 2005/4180. The Creditor may caveat the property to protect the Creditor’s interests under this agreement. In consideration of the sum of $1.00 paid by the Creditor to you (receipt of which is acknowledged) you appoint the Creditor (being its directors) your attorney to sign the mortgage on your behalf if you fail to properly complete and return it to the Creditor within seven days of receiving it for signature purposes. You will pay the Creditor for all costs in the preparation, execution and registration of the mortgage.
Agreement to mortgage. 5.1. The Borrower grants a mortgage (“the Mortgage”) over their Non PPSA Property to secure payment of the Moneys Owed and the due performance and observance of the Agreed Obligations.
5.2. The Borrower and the Guarantor/s each authorise the Lender to lodge and maintain a caveat against the title to any of their Property for the protection of the Lender’s rights and interests as mortgagee, and to proceed to register the Mortgage should the Lender decide to so do. For the avoidance of doubt the Lender is authorised to utilise the power of attorney given pursuant to clause 11.1 below to effect such registration.
5.3. The Borrower and the Guarantor/s will, at any time before repayment of the Moneys Owed, forthwith on demand in writing being made by the Lender, execute such documents as the Lender may require to complete registration of the Mortgage and recording any priority arrangements with any other mortgagee. The “Priority Amount” for the purposes of the Mortgage will be recorded as a sum calculated by multiplying the Moneys Owed by a factor of 2 then adding an amount equal to 24 months interest at the Default Rate on all Moneys Owed plus also costs to enforce the Mortgage and all security interests securing the Moneys Owed.
