Conveyances and Security Interests. In order to secure the prompt payment and performance of the Obligations, including any and all renewals, or extensions of the whole or any part thereof (and any such renewals or extensions shall not impair in any manner the validity of or priority of this Mortgage), Mortgagor (a) GRANTS, MORTGAGES, CONVEYS AND WARRANTS to Beneficiary the Property TO HAVE AND TO HOLD the Real Property, with all rights, appurtenances, and privileges thereunto belonging, unto the Beneficiary, Beneficiary’s successors and assigns forever; (b) grants to Beneficiary a security interest in the Personalty; (c) assigns to Beneficiary, and grants to Beneficiary a security interest in, all Condemnation Awards and all Insurance Proceeds; (d) assigns to Beneficiary, and grants to Beneficiary a security interest in, all of Mortgagor’s right, title and interest in, but not any of Mortgagor’s obligations or liabilities under, all Swap Contracts, Design and Construction Documents, all Contracts of Sale and all Refinancing Commitments, and all Letters of Credit; and (e) assigns to Beneficiary, and grants to Beneficiary a security interest in, all Accounts arising from or related to any transactions related to the Premises (including but not limited to Mortgagor’s rights in tenants’ security deposits, deposits with respect to utility services to the Premises, and any deposits, deposit accounts or reserves hereunder or under any other Loan Documents), and any account or deposit account from which Mortgagor may from time to time authorize Holder to debit and/or credit payments due with respect to the Loan or any Swap Contract, all rights to the payment of money from Beneficiary under any Swap Contract, and all accounts, deposit accounts and general intangibles including payment intangibles, described in any Swap Contract. All Persons who may have or acquire an interest in all or any part of the Property will be deemed to have notice of, and will be bound by, the terms of the Obligations and each other agreement or Mortgage made or entered into in connection with each of the Obligations. Such terms include any provisions in the Note, the Credit Agreement or any Swap Contract which provide that the interest rate on one or more of the Obligations may vary from time to time.
Conveyances and Security Interests. In order to secure the prompt payment and performance of the Obligations, Grantor (a) hereby irrevocably and unconditionally grants, conveys, transfers and assigns the Real Property unto Trustee, in trust, for the benefit of Beneficiary, for the ratable benefit of Lenders, with power of sale and right of entry and possession, all estate, right, title and interest that Grantor now has or may later acquire in and to the Real Property; (b) grants to Beneficiary, for the ratable benefit of Lenders, a security interest in the Personalty; (c) assigns to Beneficiary, and grants to Beneficiary, for the ratable benefit of Lenders, a security interest in, all Condemnation Awards and all Insurance Proceeds; and (d) assigns to Beneficiary, and grants to Beneficiary, for the ratable benefit of Lenders, a security interest in, all of Grantor’s right, title and interest in, but not any of Grantor’s obligations or liabilities under, all Design and Construction Documents, all Contracts of Sale and all Refinancing Commitments. All Persons who may have or acquire an interest in all or any part of the Property will be deemed to have notice of, and will be bound by, the terms of the Obligations and each other agreement or instrument made or entered into in connection with each of the Obligations. Such terms include any provisions in the Note, the Loan Agreement or any Swap Contract which provide that the interest rate on one or more of the Obligations may vary from time to time.
Conveyances and Security Interests. In order to secure the prompt payment and performance of the Obligations, Mortgagor (a) irrevocably and unconditionally mortgages, grants, conveys, transfers and assigns to Mortgagee, with power of sale and right of entry and possession, all estate, right, title and interest that Mortgagor now has or may later acquire in and to the Real Property; (b) grants to Mortgagee a security interest in the Personalty; (c) assigns to Mortgagee, and grants to Mortgagee a security interest in, all Condemnation Awards and all Insurance Proceeds; and (d) assigns to Mortgagee , and grants to Mortgagee a security interest in, all of Mortgagor’s right, title and interest in, but not any of Mortgagor’s obligations or liabilities under, all Design and Development Documents, all Contracts of Sale and all Refinancing Commitments. All Persons who may have or acquire an interest in all or any part of the Property will be deemed to have notice of, and will be bound by, the terms of the Obligations and each other agreement or instrument made or entered into in connection with each of the Obligations. Such terms include any provisions in the Note, the Loan Agreement or any Swap Contract which provide that the interest rate on one or more of the Obligations may vary from time to time. Unless Lender otherwise agrees in writing, Mortgagor’x xxxxxxtions under any Swap Contract shall continue to be secured by this Mortgage notwithstanding that Lender hax xxxx, participated, syndicated or otherwise transferred or released some or all of its interest in the Loan to another person.
Conveyances and Security Interests. In order to secure the prompt payment and performance of the Obligations, Mortgagor (a) irrevocably and unconditionally grants, conveys, transfers and assigns to Mortgagee, all estate, right, title and interest that Mortgagor now has or may later acquire in and to the Real Property; (b) grants to Mortgagee a security interest in the Personalty; (c) assigns to Mortgagee, and grants to Mortgagee a security interest in, all Condemnation Awards and all Insurance Proceeds; and (d) assigns to Mortgagee , and grants to Mortgagee a security interest in, all of Mortgagor’s right, title and interest in, but not any of Mortgagor’s obligations or liabilities under, all Design and Development Documents, all Contracts of Sale and all Refinancing Commitments. All Persons who may have or acquire an interest in all or any part of the Property will be deemed to have notice of, and will be bound by, the terms of the Obligations and each other agreement or instrument made or entered into in connection with each of the Obligations. Such terms include any provisions in the Note, the Loan Agreement or any Swap Contract which provide that the interest rate on one or more of the Obligations may vary from time to time. Unless Lender otherwise agrees in writing, Mortgagor’x xxxxxxtions under any Swap Contract shall continue to be secured by this Mortgage notwithstanding that Lender hax xxxx, participated, syndicated or otherwise transferred or released some or all of its interest in the Loan to another person.
Conveyances and Security Interests. Except for the AIR Trust Provisions and the conveyances hereunder, it will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien, on any of the Trust Assets, whether now existing or hereafter created, or any interest therein or on the legal title to any Premium Finance Obligation or the Receivable under which is part of the Trust Assets; it will immediately notify the Indenture Trustee of the existence of any Lien on any of the Trust Assets, on the legal title to any Premium Finance Obligation or the Receivables under which are part of the Trust Assets and on the legal title to the Transferor Certificate; and it shall defend the right, title and interest of the Issuer and the Indenture Trustee in, to and under the Trust Assets, whether now existing or hereafter created, against all claims of third parties; provided, however, that nothing in this subsection 2.05(b) shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Trust Assets any Liens for municipal or other local taxes not in excess of $5,000,000 if such taxes shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto or from suffering to exist the encumbrance of the Underlying Receivables by the Pooling and Servicing Agreement; provided that once any such Lien is either no longer being contested or the appropriate Governmental Authority has entered a final non-appealable decision or order in connection therewith, such Lien will no longer be permitted; provided, further, that it shall not be prohibited hereby from conveying, assigning, selling, exchanging or otherwise transferring Originator Receivables and related Premium Finance Obligation in connection with a transaction complying with the provisions of Section 7.02.
Conveyances and Security Interests. In order to secure the prompt payment and performance of the Obligations, Borrower:
Conveyances and Security Interests. In order to secure the prompt payment and performance of the Obligations, Grantor (a) hereby irrevocably and unconditionally grants, conveys, transfers and assigns to Trustee, in trust, for the benefit of Beneficiary, with power of sale and right of entry and possession, all estate, right, title and interest that Grantor now has or may later acquire in and to the Real Property; (b) grants to Beneficiary a security interest in the Personalty; (c) assigns to Beneficiary, and grants to Beneficiary a security interest in, all Condemnation Awards and all Insurance Proceeds; and (d) assigns to Beneficiary, and grants to Beneficiary a security interest in, all of Grantor’s right, title and interest in, but not any of Grantor’s obligations or liabilities under, all Design and Construction Documents, all Contracts of Sale and all Refinancing Commitments. All Persons who may have or acquire an interest in all or any part of the Property will be deemed to have notice of, and will be bound by, the terms of the Obligations and each other agreement or instrument made or entered into in connection with each of the Obligations. Such terms include any provisions in the Note, the Loan Agreement or any Swap Contract which provide that the interest rate on one or more of the Obligations may vary from time to time.
Conveyances and Security Interests. Except for the conveyances hereunder, it will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien, on any of the Trust Assets, whether now existing or hereafter created, or any interest therein or on the legal title to any Loan the Receivable under which is part of the Trust Assets; it will immediately notify the Purchaser of the existence of any Lien on any of the Trust Assets or on the legal title to any Loan the Receivable under which is part of the Trust Assets; and it shall defend the right, title and interest of the Trust in, to and under the Trust Assets, whether now existing or hereafter created, against all claims of third parties claiming through or under it; provided, however, that nothing in this subsection 5.1(a) shall prevent or be deemed to prohibit it from suffering to exist upon any of the Trust Assets any Liens for municipal or other local taxes if such taxes shall not at the time be due and payable or if it shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto; provided, further, that it shall not be prohibited hereby from conveying, assigning, selling, exchanging or otherwise transferring Receivables and related Loans in connection with a transaction complying with the provisions of Section 7.2 of the Pooling and Servicing Agreement.
Conveyances and Security Interests. In order to secure the prompt payment and performance of the Obligations, Mortgagor (a) hereby irrevocably and unconditionally, grants, bargains, sells, conveys, transfers and assigns to Mortgagee with power of sale and right of entry and possession, all estate, right, title and interest that Mortgagor now has or may later acquire in and to the Real Property; (b) grants to Mortgagee a security interest in the Personalty; and (c) assigns to Mortgagee, and grants to Mortgagee a security interest in, all Condemnation Awards and all Insurance Proceeds, to have and to hold to the use, benefit and behoof of Mortgagee forever, in fee simple, subject to the terms, provisions and conditions herein. All Persons who may have or acquire an interest in all or any part of the Property will be deemed to have notice of, and will be bound by, the terms of the Obligations and each other agreement or instrument made or entered into in connection with each of the Obligations. Such terms include any provisions in the Notes, the Loan Agreement or any Swap Contract which provide that the interest rate on one or more of the Obligations may vary from time to time. The definition of "Obligations" includes future advances.
Conveyances and Security Interests. In order to secure the prompt payment and performance of the Secured Obligations, Grantor (a) hereby irrevocably and unconditionally grants, bargains, sells and conveys the Leasehold Interests covering the Real Property unto Trustee, for the benefit of Beneficiary on behalf of the Secured Parties and with power of sale and right of entry and possession, all estate, right, title and interest that Grantor now has or may later acquire in and to the SWD Leases and the Real Property, to have and to hold the Leasehold Interests covering the Real Property unto Trustee forever; (b) grants to Beneficiary on behalf of the Secured Parties a security interest in the Personalty; (c) assigns to Beneficiary on behalf of the Secured Parties, and grants to Beneficiary on behalf of the Secured Parties a security interest in, all Condemnation Awards and all Insurance Proceeds; and (d) assigns to Beneficiary on behalf of the Secured Parties, and grants to Beneficiary on behalf of the Secured Parties a security interest in, all of Grantor’s right, title and interest in, but not any of Grantor’s obligations or liabilities under all Sales Contracts, all subject to Permitted Encumbrances.
