Common use of All Impounds Clause in Contracts

All Impounds. Post-Default Impounds and any other impounds that may be payable by Borrower under the Note are collectively called "Impounds". All Impounds shall be deposited into one or more segregated or commingled accounts maintained by Beneficiary or its servicing agent. Except as otherwise provided in the Note, such account(s) shall not bear interest. Beneficiary shall not be a trustee, special depository or other fiduciary for Trustor with respect to such account, and the existence of such account shall not limit Beneficiary's rights under this Deed of Trust, any other agreement or any provision of law. If no Default exists, Beneficiary shall apply all Impounds to the payment of the related Costs, or in Beneficiary's sole discretion may release any or all Impounds to Trustor for application to and payment of such Costs. If a Default exists, Beneficiary may apply any or all Impounds to any Secured Obligation and/or to cure such Default, whereupon Trustor shall restore all Impounds so applied and cure all Defaults not cured by such application. The obligations of Trustor hereunder shall not be diminished by deposits of Impounds made by Trustor, except to the extent that such obligations have actually been met by application of such Impounds. Upon any assignment of this Deed of Trust, Beneficiary may assign all Impounds in its possession to Beneficiary's assignee, whereupon Beneficiary and Trustee shall be released from all liability with respect to such Impounds. Within 60 days following full repayment of the Secured Obligations (other than as a consequence of foreclosure or conveyance in lieu of foreclosure) or at such earlier time as Beneficiary may elect, Beneficiary shall pay to Trustor all Impounds in its possession, and no other party shall have any right or claim thereto. "Costs" means (i) all taxes and other liabilities payable by Trustor under Section 6.9, (ii) all insurance premiums payable by Trustor under Section 6.10, (iii) all other costs and expenses for which Impounds are required under the Note, and/or (iv) all other amounts that will be required to preserve the value of the Property. Trustor shall deliver to Beneficiary, promptly upon receipt, all bills for Costs for which Beneficiary has required Post-Default Impounds.

Appears in 3 contracts

Samples: Leases and Security Agreement (Protein Design Labs Inc/De), Leases and Security Agreement (Manufactured Home Communities Inc), Leases and Security Agreement (Protein Design Labs Inc/De)

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All Impounds. Post-Default Impounds Impounds, the Springing Interest Reserve and any other impounds that may be payable by Borrower under the Note are collectively called "Impounds". All Impounds shall be deposited into one or more segregated or commingled accounts maintained by Beneficiary Lender or its servicing agent. Except as otherwise provided in the Note, such account(s) shall not bear interest. Beneficiary Lender shall not be a trustee, special depository or other fiduciary for Trustor Borrower with respect to such account, and the existence of such account shall not limit Beneficiary's Lender’s rights under this Deed of TrustAgreement, any other agreement or any provision of law. If no Default exists, Beneficiary shall apply all Impounds to the payment of the related Costs, or in Beneficiary's sole discretion may release any or all Impounds to Trustor for application to and payment of such Costs. If a Default exists, Beneficiary subject to Borrower’s right to receive Permitted REIT Distributions, Lender may apply any or all Impounds to any Secured Obligation and/or to cure such Default, whereupon Trustor Borrower shall restore all Impounds so applied and cure all Defaults not cured by such application. The obligations of Trustor Borrower hereunder shall not be diminished by deposits of Impounds made by TrustorBorrower, except to the extent that such obligations have actually been met by application of such Impounds. Upon any assignment of this Deed of TrustAgreement, Beneficiary Lender may assign all Impounds in its possession to Beneficiary's Lender’s assignee, whereupon Beneficiary and Trustee Lender shall be released from all liability with respect to such Impounds. Within 60 days following full repayment of the Secured Obligations (other than as a consequence of foreclosure or conveyance in lieu of foreclosure) or at such earlier time as Beneficiary Lender may elect, Beneficiary Lender shall pay to Trustor Borrower all Impounds in its possession, and no other party shall have any right or claim thereto. "Costs" means (i) all taxes and other liabilities payable by Trustor Borrower under Section 6.91.25, (ii) all insurance premiums payable by Trustor Borrower under Section 6.101.26, and (iii) all other costs and expenses for which Impounds are required under the Note, and/or (iv) all other amounts that will be required to preserve the value of the Property. Trustor Borrower shall deliver to BeneficiaryLender, promptly upon receipt, all bills for Costs for which Beneficiary Lender has required Post-Default Impounds.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement, Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)

All Impounds. Post-Default Impounds and any other impounds that may be payable by Borrower under the Note are collectively called "Impounds". All Impounds shall be deposited into one or more segregated or commingled accounts maintained by Beneficiary Mortgagee or its servicing agent. Except as otherwise provided in the Note, such account(s) shall not bear interest. Beneficiary Mortgagee shall not be a trustee, special depository or other fiduciary for Trustor Mortgagor with respect to such account, and the existence of such account shall not limit BeneficiaryMortgagee's rights under this Deed of TrustMortgage, any other agreement or any provision of law. If no Default exists, Beneficiary Mortgagee shall apply all Impounds to the payment of the related Costs, or in BeneficiaryMortgagee's sole discretion may release any or all Impounds to Trustor Mortgagor for application to and payment of such Costs. If a Default exists, Beneficiary Mortgagee may apply any or all Impounds to any Secured Obligation and/or to cure such Default, whereupon Trustor Mortgagor shall restore all Impounds so applied and cure all Defaults not cured by such application. The obligations of Trustor Mortgagor hereunder shall not be diminished by deposits of Impounds made by TrustorMortgagor, except to the extent that such obligations have actually been met by application of such Impounds. Upon any assignment of this Deed of TrustMortgage, Beneficiary Mortgagee may assign all Impounds in its possession to BeneficiaryMortgagee's assignee, whereupon Beneficiary and Trustee Mortgagee shall be released from all liability with respect to such Impounds. Within 60 days following full repayment of the Secured Obligations (other than as a consequence of foreclosure or conveyance in lieu of foreclosure) or at such earlier time as Beneficiary Mortgagee may elect, Beneficiary Mortgagee shall pay to Trustor Mortgagor all Impounds in its possession, and no other party shall have any right or claim thereto. "Costs" means (i) all taxes and other liabilities payable by Trustor Mortgagor under Section 6.9, (ii) all insurance premiums payable by Trustor Mortgagor under Section 6.10, (iii) all other costs and expenses for which Impounds are required under the Note, and/or (iv) all other amounts that will be required to preserve the value of the Property. Trustor Mortgagor shall deliver to BeneficiaryMortgagee, promptly upon receipt, all bills for Costs for which Beneficiary Mortgagee has required Post-Default Impounds.

Appears in 1 contract

Samples: Leases and Security Agreement (Manufactured Home Communities Inc)

All Impounds. Post-Default Impounds and any other impounds that may be payable by Borrower under the Note are collectively called "Impounds". All Impounds shall be deposited into one or more segregated or commingled accounts maintained by Beneficiary or its servicing agent. Except as otherwise provided in the Note, such account(s) shall not bear interest. Beneficiary shall not be a trustee, special depository or other fiduciary for Trustor with respect to such account, and the existence of such account shall not limit Beneficiary's ’s rights under this Deed of Trust, any other agreement or any provision of law. If no a Default exists, Beneficiary shall apply all Impounds subject to the payment of the related Costs, or in Beneficiary's sole discretion may release any or all Impounds Trustor’s right to Trustor for application to and payment of such Costs. If a Default existsreceive Permitted REIT Distributions, Beneficiary may apply any or all Impounds to any Secured Obligation and/or to cure such Default, whereupon Trustor shall restore all Impounds so applied and cure all Defaults not cured by such application. The obligations of Trustor hereunder shall not be diminished by deposits of Impounds made by Trustor, except to the extent that such obligations have actually been met by application of such Impounds. Upon any assignment of this Deed of Trust, Beneficiary may assign all Impounds in its possession to Beneficiary's ’s assignee, whereupon Beneficiary and Trustee shall be released from all liability with respect to such Impounds. Within 60 days following full repayment of the Secured Obligations (other than as a consequence of foreclosure or conveyance in lieu of foreclosure) or at such earlier time as Beneficiary may elect, Beneficiary shall pay to Trustor all Impounds in its possession, and no other party shall have any right or claim thereto. "Costs" means (i) all taxes and other liabilities payable by Trustor under Section 6.91.26, (ii) all insurance premiums payable by Trustor under Section 6.101.27, and/or (iii) all other costs and expenses for which Impounds are required under the Note, and/or (iv) all other amounts that will be required to preserve the value of the Property. Trustor shall deliver to Beneficiary, promptly upon receipt, all bills for Costs for which Beneficiary has required Post-Default Impounds.

Appears in 1 contract

Samples: Security Agreement (KBS Real Estate Investment Trust, Inc.)

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All Impounds. Post-Default Impounds Impounds, the Interest Reserve Account and any other impounds that may be payable by Borrower under the Note are collectively called "Impounds". All Impounds shall be deposited into one or more segregated or commingled accounts maintained by Beneficiary Lender or its servicing agent. Except as otherwise provided in the Note, such account(s) shall not bear interest. Beneficiary Lender shall not be a trustee, special depository or other fiduciary for Trustor Borrower with respect to such account, and the existence of such account shall not limit Beneficiary's Lender’s rights under this Deed of TrustAgreement, any other agreement or any provision of law. If no Default exists, Beneficiary shall apply all Impounds to the payment of the related Costs, or in Beneficiary's sole discretion may release any or all Impounds to Trustor for application to and payment of such Costs. If a Default exists, Beneficiary subject to Borrower’s right to receive Permitted REIT Distributions, Lender may apply any or all Impounds to any Secured Obligation and/or to cure such Default, whereupon Trustor Borrower shall restore all Impounds so applied and cure all Defaults not cured by such application. The obligations of Trustor Borrower hereunder shall not be diminished by deposits of Impounds made by TrustorBorrower, except to the extent that such obligations have actually been met by application of such Impounds. Upon any assignment of this Deed of TrustAgreement, Beneficiary Lender may assign all Impounds in its possession to Beneficiary's Lender’s assignee, whereupon Beneficiary and Trustee Lender shall be released from all liability with respect to such Impounds. Within 60 days following full repayment of the Secured Obligations (other than as a consequence of foreclosure or conveyance in lieu of foreclosure) or at such earlier time as Beneficiary Lender may elect, Beneficiary Lender shall pay to Trustor Borrower all Impounds in its possession, and no other party shall have any right or claim thereto. "Costs" means (i) all taxes and other liabilities payable by Trustor Borrower under Section 6.9, (ii) all insurance premiums payable by Trustor Borrower under Section 6.10, and (iii) all other costs and expenses for which Impounds are required under the Note, and/or (iv) all other amounts that will be required to preserve the value of the Property. Trustor Borrower shall deliver to BeneficiaryLender, promptly upon receipt, all bills for Costs for which Beneficiary Lender has required Post-Default Impounds.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (KBS Real Estate Investment Trust II, Inc.)

All Impounds. Post-Default Impounds and any other impounds that may be payable by Borrower under the Note are collectively called "Impounds". All Impounds shall be deposited into one or more segregated or commingled accounts maintained by Beneficiary or its servicing agent. Except as otherwise provided in the Note, such account(s) shall not bear interest. Beneficiary shall not be a trustee, special depository or other fiduciary for Trustor with respect to such account, and the existence of such account shall not limit Beneficiary's rights under this Deed of Trust, any other agreement or any provision of law. If no Default exists, Beneficiary shall apply all Impounds to the payment of the related Costs, or in Beneficiary's sole discretion may release any or all Impounds to Trustor for application to and payment of such Costs. If a Default exists, Beneficiary may apply any or all Impounds to any Secured Obligation and/or to cure such Default, whereupon Trustor shall restore all Impounds so applied and cure all Defaults not cured by such application. The obligations of Trustor hereunder shall not be diminished by deposits of Impounds made by Trustor, except to the extent that such obligations have actually been met by application of such Impounds. Upon any assignment of this Deed of Trust, Trust Beneficiary may assign all Impounds in its possession to Beneficiary's assignee, whereupon Beneficiary and Trustee shall be released from all liability with respect to such Impounds. Within 60 days following full repayment of the Secured Obligations (other than as a consequence of foreclosure or conveyance in lieu of foreclosure) or at such earlier time as Beneficiary may elect, Beneficiary shall pay to Trustor all Impounds in its possession, and no other party shall have any right or claim thereto. "Costs" means (i) all taxes and other liabilities payable by Trustor under Section 6.9, (ii) all insurance premiums payable by Trustor under Section 6.10, (iii) all other costs and expenses for which Impounds are required under the Note, and/or (iv) all other amounts that will be required to preserve the value of the Property. Trustor shall deliver to Beneficiary, promptly upon receipt, all bills for Costs for which Beneficiary has required Post-Default Impounds.the

Appears in 1 contract

Samples: Leases and Security Agreement (Inland Western Retail Real Estate Trust Inc)

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