Amendment of Mortgage. Section 39(e) of the Mortgage is hereby amended by deleting the phrase “April 30, 2010, unless extended to November 30, 2010 in accordance with the terms of Section 2.6 of the Credit Agreement or” and inserting the date “November 30, 2010” in place and in stead thereof.
Amendment of Mortgage. Bank and Mortgagor hereby agree to amend the Mortgage as follows:
(a) The first (1st) “WHEREAS” clause on the first (1st) page of the Mortgage is hereby deleted in its entirety and replaced with the following:
Amendment of Mortgage. No amendment of, or supplement to, the Mortgage with respect to the Mortgaged Property shall be made which could reasonably be expected to have an adverse effect on the interests of the Lenders hereunder.
Amendment of Mortgage. Assignment of Leases and Rents, Security Agreement and Financing Statement regarding real property located at Lawrenceburg, KY (Xxxxxxxx County) by GK Technologies, Incorporated in favor of Collateral Agent.
Amendment of Mortgage. The Amendment of Mortgage to be executed at the time that an additional Project is approved by Lender for the purpose of subjecting such Project to the lien of the Mortgage. The form of the Amendment of Mortgage shall be as set forth in Exhibit "A" attached hereto with the insertion of the applicable legal description being added for such Project.
Amendment of Mortgage. Section 1 of Article X of the Mortgage is hereby amended by inserting in said section immediately preceding the words "then, and in each and every such case, the Trustee", the following: "or in case the Company shall be adjudicated a bankrupt by any court of competent jurisdiction or shall file a voluntary petition in bankruptcy or shall make an assignment for the benefit of creditors or shall admit in writing its inability to pay its debts as they become due; or in case the Company shall consent to the appointment of a receiver or trustee of all or a substantial part of the mortgaged property; or in case the Company shall file a petition under the federal bankruptcy laws, or any other applicable law or statute of the United States of America or of any state thereof; or in case the Company shall file a petition or take advantage of any insolvency act; or in case, during a period of sixty (60) days following (1) the entry of an order approving a petition of some person other than the Company, seeking reorganization of the Company under the federal bankruptcy laws or any other applicable statute of the United States of America or any state thereof, or (2) the appointment of a trustee or a receiver of all or a substantial part of the mortgaged property, such order or appointment of a trustee or receiver shall not be vacated or shall not be stayed on appeal or otherwise shall not have otherwise ceased to continue in effect;" The amendment to Section 1 of Article X of the Mortgage which is contained in this Article III shall survive the redemption, retirement, cancellation or defeasance of all of the bonds of Series MM.
Amendment of Mortgage. The Mortgage is hereby further amended from and after the Effective Date hereof as follows:
(a) All references in the Mortgage to the "Note," the "Mortgage," the "Absolute Assignment ofLeases and Rents," or the other "Loan Documents" hereafter shall mean and refer to the Note, the Mortgage, the Lease Assignment, or the other Loan Documents, as the case may be, as amended by this Agreement and as the same may be amended from time to time.
(b) The definition of "Carveout Guarantee and Indemnity" in Section 3 of the Mortgage is amended to read as follows: '''Carveout Guarantee and Indemnity" means that certain "Supplemental Carveout Guarantee and Indemnity" dated as of April _, 2008, entered into by Cornerstone Operating Partnership, L.P., a Delaware limited partnership, and Cornerstone Core Properties REIT, Inc., a Maryland corporation, in favor of the Mortgagee with respect to the Carveout Obligations, together with all substitutions and amendments thereof."
(c) The definition of "Carveout Obligor" in Section 3 of the Mortgage is deleted in its entirety and the following definition is substituted therefore:
Amendment of Mortgage. The Mortgage is hereby amended by replacing Exhibit A thereto with Exhibit A attached hereto.
Amendment of Mortgage. (a) That certain Amended and Restated Term Note dated of even date herewith from Borrower to Bank, a copy of which is attached hereto and made a part hereof as Exhibit A (the "Amended Note") is substituted for and replaces any and all prior notes and amended notes that have been secured by the Mortgage at any time.
(b) This Mortgage now only serves as collateral for the repayment of the Amended Note.
Amendment of Mortgage. Sec. 1. Amendment of Section 1 of Article X of Mortgage 41
