CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee for the use and benefit of Lender, and its successors and assigns, forever; IN TRUST, WITH POWER OF SALE, to secure payment to Lender of the Debt at the time and in the manner provided for its payment in the Loan Agreement, the Note and in this Security Instrument. PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Security Instrument, shall well and truly perform the Other Obligations as set forth in this Security Instrument and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void; provided, however, that Borrower’s obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.
Appears in 8 contracts
Samples: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing, Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Moody National REIT II, Inc.), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Moody National REIT II, Inc.)
CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee for and to the use and benefit of Lender, Trustee and its successors and assigns, forever; IN TRUST, WITH POWER OF SALE, to secure payment to Lender of the Debt Obligations at the time and in the manner provided for its payment in the Loan Agreement, the Note and in this Security Instrument. PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Security Instrument, shall well and truly perform the Other Obligations as set forth in this Security Instrument and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void; provided, however, that Borrower’s 's obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.
Appears in 2 contracts
Samples: Deed of Trust and Security Agreement (Glimcher Realty Trust), Fee and Leasehold Deed of Trust and Security Agreement (Glimcher Realty Trust)
CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee for and to the use and benefit of LenderLender and [Trustee, and for their] its successors and assigns, forever; [IN TRUST, WITH POWER OF SALE, to secure payment to Lender of the Debt at the time and in the manner provided for its payment in the Note, the Loan Agreement, the Note and in this Security Instrument. .] PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement Note and this Security Instrument, shall well and truly perform the Other Obligations (as herein defined) as set forth in this Security Instrument and shall well and truly abide by and comply with each and every covenant and condition set forth herein herein, in the Note and in the Note, the Loan Agreement and the other Loan DocumentsAgreement, these presents and the estate hereby granted shall cease, terminate and be void; provided, however, that Borrower’s obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.
Appears in 2 contracts
Samples: Mortgage (Deed of Trust), Mortgage (KBS Real Estate Investment Trust, Inc.)
CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee for the use and benefit of LenderXxxxxx, and its successors and assigns, forever; IN TRUST, WITH POWER OF SALE, to secure payment to Lender of the Debt at the time and in the manner provided for its payment in the Loan Agreement, the Note and in this Security Instrument. PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Security Instrument, shall well and truly perform the Other Obligations as set forth in this Security Instrument and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void; provided, however, that BorrowerXxxxxxxx’s obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.
Appears in 2 contracts
Samples: Deed of Trust (TNP Strategic Retail Trust, Inc.), Deed of Trust (TNP Strategic Retail Trust, Inc.)
CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee for Lender and to the use and benefit of Lender, and Lender for its successors and assigns, IN FEE SIMPLE forever; IN TRUST, WITH THE POWER OF SALE, to secure payment to Lender of the Debt Obligations at the time and in the manner provided for its payment in the Loan Agreement, the Note and in this Security Instrument. PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Security Instrument, shall well and truly perform the Other Obligations as set forth in this Security Instrument and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents then this Security Instrument shall be cancelled and the estate hereby granted shall cease, terminate and be voidterminated; provided, however, that Borrower’s 's obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release. Upon payment in full of the Debt in accordance with the Loan Agreement, Lender will execute and deliver a release of the lien of this Security Instrument in customary form.
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CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee for and on behalf of Lender and to the use and benefit of Lender, Lender and its Trustee and their successors and assigns, forever; IN TRUST, WITH POWER OF SALE, to secure payment to Lender of the Debt at the time and in the manner provided for its payment in the Note and the Loan Agreement, the Note and in this Security Instrument. ; PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower Lender shall be well and truly pay to Lender paid the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Security Instrument, if Borrower shall well and truly perform the Other Obligations as set forth in this Security Instrument and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void; provided, however, that Borrower’s obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.
Appears in 1 contract
CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property Property, with all privileges and appurtenances thereunto belonging unto Trustee for and to the use and benefit of LenderLender and the heirs, and its successors and assignsassigns of Lender, forever; IN TRUSTprovided, WITH POWER OF SALEhowever, with respect to secure payment to Lender the Ground Lease and the Leased Land, such period shall be for and during the rest, residue and remainder of the Debt at the time term of years yet to come and unexpired in the manner provided for its payment in Ground Lease (as the Loan Agreementsame may be renewed or extended); subject nevertheless to the rents, covenants, conditions and provisions of the Note and in this Security Instrument. Ground Lease; PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement Note and this Security Instrument, shall well and truly perform the Other Obligations as set forth in this Security Instrument and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void; provided, however, that Borrower’s obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.
Appears in 1 contract
Samples: Agreement of Spreader, Consolidation and Modification of Mortgage (Sl Green Realty Corp)
CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee for and on behalf of Xxxxxx and to the use and benefit of Lender, Lender and its Trustee and their successors and assigns, forever; IN TRUST, WITH POWER OF SALE, to secure payment to Lender of the Debt at the time and in the manner provided for its payment in the Loan Agreement, the Note and in this Security Instrument. PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Security Instrument, shall well and truly perform the Other Obligations as set forth in this Security Instrument and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void; provided, however, that Borrower’s 's obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.
Appears in 1 contract
CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee for and to the use and benefit of Lender, Trustee and its successors and assigns, forever; IN TRUST, WITH POWER OF SALE, to secure payment to Lender of the Debt Obligations at the time and in the manner provided for its payment in the Loan Agreement, the Note and in this Security Instrument. PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Security Instrument, shall well and truly perform the Other Obligations as set forth in this Security Instrument and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void; provided, however, that Borrower’s obligation Borrxxxx'x xbligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (Glimcher Realty Trust)
CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee for Lender and to the use and benefit of Lender, Lender and its successors and assigns, IN FEE SIMPLE forever; IN TRUST, WITH POWER OF SALE, to secure payment to Lender of the Debt Obligations at the time and in the manner provided for its payment in the Loan Agreement, the Note and in this Security Instrument. PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Security Instrument, shall well and truly perform the Other Obligations as set forth in this Security Instrument and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents then this Security Instrument shall be cancelled and the estate hereby granted shall cease, terminate and be voidterminated; provided, however, that Borrower’s 's obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.
Appears in 1 contract
CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee for and on behalf of Beneficiary and to the use and benefit of Lender, Beneficiary and its Trustee and their successors and assigns, forever; IN TRUST, WITH POWER OF SALE, to secure payment to Lender of the Debt at the time and in the manner provided for its payment in the Loan Agreement, the Note and in this Security Instrument. , PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Security Instrument, shall well and truly perform the Other Obligations as set forth in this Security Instrument and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void; provided, however, that Borrower’s 's obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.
Appears in 1 contract
CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee for and on behalf of Beneficiary and to the use and benefit of Lender, Beneficiary and its Trustee and their successors and assigns, forever; IN TRUST, WITH POWER OF SALE, to secure payment to Lender of the Debt at the time and in the manner provided for its payment in the Loan Agreement, the Note and in this Security Instrument. PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Security Instrument, shall well and truly perform the Other Obligations as set forth in this Security Instrument and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void; provided, however, that Borrower’s obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.
Appears in 1 contract
CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property and TO WARRANT AND DEFEND the title to the Property unto the Trustee and to his or her successors and assigns for the use and benefit of Lender, Xxxxxx and its successors and assigns, forever; IN TRUST, TRUST WITH POWER OF SALE, to secure the payment to Lender of the Debt at the time and in the manner provided for its payment in the Loan AgreementNote, the Note Loan Agreement and in this Security Instrument. ; PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Security Instrument, shall well and truly perform the Other Obligations (hereafter defined) as set forth in this Security Instrument and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void; provided, however, that BorrowerXxxxxxxx’s obligation to indemnify and hold harmless Lender and Trustee pursuant to the provisions hereof shall survive any such payment or release.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (Maguire Properties Inc)
CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee Trustee, as trustee for the use and benefit of Lender, and to its successors in the trust created by this Security Instrument and to its or their respective assigns, forever, in trust, upon the terms and conditions set forth herein; IN TRUST, WITH THE POWER OF SALE, to secure payment to Lender of the Debt at the time and in the manner provided for its payment in the Loan Agreement, the Note and in this Security Instrument. ; PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement Note and this Security Instrument, shall well and truly perform the Other Obligations (as defined in Section 2.1 hereof) as set forth in this Security Instrument and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void; provided, however, that Borrower’s obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.
Appears in 1 contract
CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee for and on behalf of Lender and to the use and benefit of Lender, Lender and its Trustee and their successors and assigns, forever; IN TRUST, WITH POWER OF SALE, to secure payment to Lender of the Debt at the time and in the manner provided for its payment in the Note and the Loan Agreement, the Note and in this Security Instrument. ; PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower Lender shall be well and truly pay to Lender paid the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Security Instrument, if Borrower shall well and truly perform the Other Obligations as set forth in this Security Instrument and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void; provided, however, that Borrower’s obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.
Appears in 1 contract