Compliance with Laws and ADA Compliance. (a) Mortgagor warrants and covenants that the Premises are and will continue to be substantially in compliance with all applicable local, county, state and federal laws and regulations and all building, housing and fire codes, rules and regulations. (b) Without limiting the provisions of subsection (a) of this Section 1.21: (i) Mortgagor represents and warrants to Mortgagee that Mortgagor is substantially in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C.A. sec. 12101 et. seq.), as the same may be amended from time to time (the "ADA") and all other federal, state and local laws pertaining to the accessibility of the Premises by persons with disabilities (the ADA and such other laws are, collectively, the "Accessibility Laws"); (ii) Mortgagor covenants to ensure that the Premises will at all times substantially comply with all applicable Accessibility Laws and, upon the request of Mortgagee, Mortgagor will conduct such surveys of the Premises as Mortgagee shall require to ascertain such compliance; (iii) Mortgagor will maintain accurate records of all expenditures in connection with any alterations to the Premises and will deliver copies thereof to Mortgagee upon Mortgagee's request; and (iv) Mortgagor shall defend, indemnify and hold harmless Mortgagee, its employees, agents, officers and directors, and any parent or affiliate of Mortgagee, from and against any claims, demands, penalties, fines, liabilities, settlements, damages, cost or expenses of whatever kind or nature, known or unknown, contingent or otherwise, arising out or in any way related to any violations of the Accessibility Laws (including, without limitation, any costs incurred by Mortgagee in complying with any Accessibility Laws). Neither payment of the indebtedness secured hereby nor foreclosure shall operate as a discharge of Mortgagor's obligations under this subsection (b). In the event Mortgagor tenders a deed in lieu of foreclosure, Mortgagor shall deliver the Premises to Mortgagee (or its designee) substantially free of any violations of the Accessibility Laws. In the event Mortgagor does not timely perform any of the above obligations, Mortgagee after 30 days notice to Mortgagor may perform said obligations at the expense of Mortgagor and Mortgagor shall, upon written demand from Mortgagee, reimburse Mortgagee for all costs, including attorney's fees and out-of-pocket expenses, and all liabilities incurred by Mortgagee by reason of the foregoing, with interest thereon at the Default Rate from the date of such payment by Mortgagee to the date of repayment. Until paid, said costs and expenses shall be secured by this Mortgage.
Appears in 1 contract
Compliance with Laws and ADA Compliance. (a) Mortgagor Trustor warrants and covenants that the Premises are and will continue to be substantially in compliance with all applicable local, county, state and federal laws and regulations and all building, housing and fire codes, rules and regulations.
(b) Without limiting the provisions of subsection (a) of this Section 1.21: (i) Mortgagor Trustor represents and warrants to Mortgagee Beneficiary that Mortgagor Trustor is substantially in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C.A. sec. 12101 et. seq.), as the same may be amended from time to time (the "ADA") and all other federal, state and local laws pertaining to the accessibility of the Premises by persons with disabilities (the ADA and such other laws are, collectively, the "Accessibility Laws"); (ii) Mortgagor Trustor covenants to ensure that the Premises will at all times substantially comply with all applicable Accessibility Laws and, upon the request of MortgageeBeneficiary, Mortgagor Trustor will conduct such surveys of the Premises as Mortgagee Beneficiary shall require to ascertain such compliance; (iii) Mortgagor Trustor will maintain accurate records of all expenditures made in connection with any alterations to the Premises and will deliver copies thereof to Mortgagee Beneficiary upon MortgageeBeneficiary's request; and
and (iv) Mortgagor Trustor shall defend, indemnify and hold harmless MortgageeBeneficiary, its employees, agents, officers and directors, attorneys, and any parent or affiliate of MortgageeBeneficiary, from and against any claims, demands, penalties, fines, liabilities, settlements, damages, cost or expenses of whatever kind or nature, known or unknown, contingent or otherwise, arising out or in any way related to any violations of the Accessibility Laws (including, without limitation, any costs incurred by Mortgagee Beneficiary in complying with any Accessibility Laws). Neither payment of the indebtedness secured hereby nor foreclosure shall operate as a discharge of MortgagorTrustor's obligations under this subsection (b). In the event Mortgagor Trustor tenders a deed in lieu of foreclosure, Mortgagor Trustor shall deliver the Premises to Mortgagee Beneficiary (or its designee) substantially free of any violations of the Accessibility Laws. In the event Mortgagor Trustor does not timely perform any of the above obligations, Mortgagee Beneficiary after 30 days notice to Mortgagor Trustor may perform said obligations at the expense of Mortgagor Trustor and Mortgagor Trustor shall, upon written demand from MortgageeBeneficiary, reimburse Mortgagee Beneficiary for all costs, including attorney's attorneys' fees and out-of-pocket expenses, and all liabilities incurred by Mortgagee Beneficiary by reason of the foregoing, with interest thereon at the Default Rate from the date of such payment by Mortgagee Beneficiary to the date of repayment. Until paid, said costs and expenses shall be secured by this MortgageDeed of Trust.
Appears in 1 contract
Samples: Deed of Trust (Payless Cashways Inc)
Compliance with Laws and ADA Compliance. (a) Mortgagor warrants and covenants that the Premises are and will continue to be substantially in compliance with all applicable local, county, state and federal laws and regulations and all building, housing and fire codes, rules and regulations.
(b) Without limiting the provisions of subsection (a) of this Section 1.21: (i) Mortgagor represents and warrants to Mortgagee that Mortgagor is substantially in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C.A. sec. 12101 et. seq.), as the same may be amended from time to time (the "ADA") and all other federal, state and local laws pertaining to the accessibility of the Premises by persons with disabilities (the ADA and such other laws are, collectively, the "Accessibility Laws"); (ii) Mortgagor covenants to ensure that the Premises will at all times substantially comply with all applicable Accessibility Laws and, upon the request of Mortgagee, Mortgagor will conduct such surveys of the Premises as Mortgagee shall require to ascertain such compliance; (iii) Mortgagor will maintain accurate records of all expenditures made in connection with any alterations to the Premises and will deliver copies thereof to Mortgagee upon Mortgagee's request; and
(iv) Mortgagor shall defend, indemnify and hold harmless Mortgagee, its employees, agents, officers and directors, attorneys, and any parent or affiliate of Mortgagee, from and against any claims, demands, penalties, fines, liabilities, settlements, damages, cost or expenses of whatever kind or nature, known or unknown, contingent or otherwise, arising out or in any way related to any violations of the Accessibility Laws (including, without limitation, any costs incurred by Mortgagee in complying with any Accessibility Laws). Neither payment of the indebtedness secured hereby nor foreclosure shall operate as a discharge of Mortgagor's obligations under this subsection (b). In the event Mortgagor tenders a deed in lieu of foreclosure, Mortgagor shall deliver the Premises to Mortgagee (or its designee) substantially free of any violations of the Accessibility Laws. In the event Mortgagor does not timely perform any of the above obligations, Mortgagee after 30 days notice to Mortgagor may perform said obligations at the expense of Mortgagor and Mortgagor shall, upon written demand from Mortgagee, reimburse Mortgagee for all costs, including attorney's fees and out-of-pocket expenses, and all liabilities incurred by Mortgagee by reason of the foregoing, with interest thereon at the Default Rate from the date of such payment by Mortgagee to the date of repayment. Until paid, said costs and expenses shall be secured by this Mortgage.Accessibility
Appears in 1 contract
Samples: Mortgage (Payless Cashways Inc)
Compliance with Laws and ADA Compliance. (a) Mortgagor Trustor warrants and covenants that the Premises are and will continue to be substantially in compliance with all applicable local, county, state and federal laws and regulations and all building, housing and fire codes, rules and regulations.
(b) Without limiting the provisions of subsection (a) of this Section 1.21: (i) Mortgagor Trustor represents and warrants to Mortgagee Beneficiary that Mortgagor Trustor is substantially in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C.A. sec. 12101 et. seq.), as the same may be amended from time to time (the "ADA") and all other federal, state and local laws pertaining to the accessibility of the Premises by persons with disabilities (the ADA and such other laws are, collectively, the "Accessibility Laws"); (ii) Mortgagor Trustor covenants to ensure that the Premises will at all times substantially comply with all applicable Accessibility Laws and, upon the request of MortgageeBeneficiary, Mortgagor Trustor will conduct such surveys of the Premises as Mortgagee Beneficiary shall require to ascertain such compliance; (iii) Mortgagor Trustor will maintain accurate records of all expenditures made in connection with any alterations to the Premises and will deliver copies thereof to Mortgagee Beneficiary upon MortgageeBeneficiary's request; and
and (iv) Mortgagor Trustor shall defend, indemnify and hold harmless MortgageeBeneficiary, its employees, agents, officers and directors, attorneys and any parent or affiliate of MortgageeBeneficiary, from and against any claims, demands, penalties, fines, liabilities, settlements, damages, cost or expenses of whatever kind or nature, known or unknown, contingent or otherwise, arising out or in any way related to any violations of the Accessibility Laws (including, without limitation, any costs incurred by Mortgagee Beneficiary in complying with any Accessibility Laws). Neither payment of the indebtedness secured hereby nor foreclosure shall operate as a discharge of MortgagorTrustor's obligations under this subsection (b). In the event Mortgagor Trustor tenders a deed in lieu of foreclosure, Mortgagor Trustor shall deliver the Premises to Mortgagee Beneficiary (or its designee) substantially free of any violations of the Accessibility Laws. In the event Mortgagor Trustor does not timely perform any of the above obligations, Mortgagee Beneficiary after 30 days notice to Mortgagor Trustor may perform said obligations at the expense of Mortgagor Trustor and Mortgagor Trustor shall, upon written demand from MortgageeBeneficiary, reimburse Mortgagee Beneficiary for all costs, including attorney's fees and out-of-of- pocket expenses, and all liabilities incurred by Mortgagee Beneficiary by reason of the foregoing, with interest thereon at the Default Rate from the date of such payment by Mortgagee Beneficiary to the date of repayment. Until paid, said costs and expenses shall be secured by this MortgageDeed of Trust.
Appears in 1 contract
Samples: Deed of Trust (Payless Cashways Inc)
Compliance with Laws and ADA Compliance. (a) Mortgagor Trustor warrants and covenants that the Premises are and will continue to be substantially in compliance with all applicable local, county, state and federal laws and regulations and all building, housing and fire codes, rules and regulations.
(b) Without limiting the provisions of subsection (a) of this Section 1.211.25: (i) Mortgagor Trustor represents and warrants to Mortgagee Beneficiary that Mortgagor Trustor is substantially in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C.A. sec. 12101 et. seq.), as the same may be amended from time to time (the "ADA") and all other federal, state and local laws pertaining to the accessibility of the Premises by persons with disabilities (the ADA and such other laws are, collectively, the "Accessibility Laws"); (ii) Mortgagor Trustor covenants to ensure that the Premises will at all times substantially comply with all applicable Accessibility Laws and, upon the request of MortgageeBeneficiary, Mortgagor Trustor will conduct such surveys of the Premises as Mortgagee Beneficiary shall require to ascertain such compliance; (iii) Mortgagor Trustor will maintain accurate records of all expenditures made in connection with any alterations to the Premises and will deliver copies thereof to Mortgagee Beneficiary upon MortgageeBeneficiary's request; and
and (iv) Mortgagor Trustor shall defend, indemnify and hold harmless MortgageeBeneficiary, its employees, agents, officers and directors, and any parent or affiliate of MortgageeBeneficiary, from and against any claims, demands, penalties, fines, liabilities, settlements, damages, cost or expenses of whatever kind or nature, known or unknown, contingent or otherwise, arising out or in any way related to any violations of the Accessibility Laws (including, without limitation, any costs incurred by Mortgagee Beneficiary in complying with any Accessibility Laws). Neither payment of the indebtedness secured hereby nor foreclosure shall operate as a discharge of MortgagorTrustor's obligations under this subsection (b). In the event Mortgagor Trustor tenders a deed in lieu of foreclosure, Mortgagor Trustor shall deliver the Premises to Mortgagee Beneficiary (or its designee) substantially free of any violations of the Accessibility Laws. In the event Mortgagor Trustor does not timely perform any of the above obligations, Mortgagee Beneficiary after 30 days notice to Mortgagor Trustor may perform said obligations at the expense of Mortgagor Trustor and Mortgagor Trustor shall, upon written demand from MortgageeBeneficiary, reimburse Mortgagee Beneficiary for all costs, including attorney's fees and out-of-pocket expenses, and all liabilities incurred by Mortgagee Beneficiary by reason of the foregoing, with interest thereon at the Default Rate from the date of such payment by Mortgagee Beneficiary to the date of repayment. Until paid, said costs and expenses shall be secured by this MortgageDeed of Trust.
Appears in 1 contract
Samples: Deed of Trust (Payless Cashways Inc)