Common use of Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets Clause in Contracts

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower acknowledge that Lender has made the Loan to Borrower upon, among other things, the security of its collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Property taken separately. Borrower agrees that the Mortgages are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other Mortgages which secure the Note; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each Mortgage; (iii) each Mortgage shall constitute security for the Note as if a single blanket lien were placed on all of the Properties as security for the Note; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower acknowledge acknowledges that Lender has made the Loan to Borrower upon, among other things, upon the security of its collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Property taken separately. Borrower agrees that the Mortgages are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other Mortgages which secure the Note; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each Mortgage; (iii) each Mortgage shall constitute security for the Note as if a single blanket lien were placed on all of the Properties as security for the Note; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower acknowledge acknowledges that Lender has made the Loan to Borrower upon, among other things, upon the security of its collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Individual Property taken separately. Borrower agrees that the Mortgages Security Instruments are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages Security Instruments shall constitute an Event of Default under each of the other Mortgages Security Instruments which secure the Note; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each MortgageSecurity Instrument; (iii) each Mortgage Security Instrument shall constitute security for the Note as if a single blanket lien were placed on all of the Properties as security for the Note; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower acknowledge acknowledges that Lender has made the Loan to Borrower upon, among other things, upon the security of its collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Individual Property taken separately. Borrower agrees that the Mortgages are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other Mortgages which secure the Note; (ii) an Event of Default under the Note or this Loan Agreement shall constitute an Event of Default under each Mortgage; (iii) each Mortgage shall constitute security for the Note as if a single blanket lien were placed on all of the Properties as security for the Note; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower acknowledge acknowledges that Lender has made the Loan to Borrower upon, among other things, upon the security of its collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Individual Property taken separately. Borrower agrees that the Mortgages are and will be cross-cross collateralized and cross-cross defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other Mortgages which secure the Note; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each Mortgage; (iii) each Mortgage shall constitute security for the Note as if a single blanket lien were placed on all of the Properties as security for the Note; and (iv) such cross-cross collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (aA) Borrower acknowledge Each of the Borrowers acknowledges that Lender has made the Loan to Borrower upon, among other things, each of the Borrowers upon the security of its collective interest in the Properties Sites and the Other Company Collateral and in reliance upon the aggregate value of the Properties Sites and the Other Company Collateral taken together being of greater value as collateral security than the sum of each Property such Site and each of the Borrowers’ interests in the Company Collateral taken separately. Borrower Each of the Borrowers agrees that the Mortgages Deeds of Trusts and other security agreements given hereunder are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the Deeds of Trusts and the other Mortgages security agreements given hereunder which secure the Note; (ii) an Event subject to any limitations contained therein, each Deed of Default under Trust and the Note or this Agreement shall constitute an Event of Default under each Mortgage; (iii) each Mortgage other security agreements given hereunder shall constitute security for the Note Notes as if a single blanket lien were placed on all of the Properties Sites and the Other Company Collateral as security for the Note; and (iviii) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower acknowledge acknowledges that Lender has made the Loan to Borrower upon, among other things, upon the security of its collective interest in the Individual Properties and in reliance upon the aggregate of the Individual Properties taken together being of greater value as collateral security than the sum of each Property the Individual Properties taken separately. Borrower agrees that the Mortgages are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other Mortgages which secure the Note; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each Mortgage; and (iii) each Mortgage shall constitute security for the Note as if a single blanket lien were placed on all of the Individual Properties as security for the Note; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower acknowledge acknowledges that Lender has made the Loan to Borrower upon, among other things, upon the security of its collective interest in the Properties Collateral and in reliance upon the aggregate of the Properties Collateral taken together being of greater value as collateral security than the sum of the individual interests of each Property Individual Borrower taken separately. Borrower agrees that the Mortgages Pledge Agreements are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages Pledge Agreements shall constitute an Event of Default under each of the other Mortgages Pledge Agreements which secure the Note; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each MortgagePledge Agreement; (iii) each Mortgage Pledge Agreement shall constitute security for the Note as if a single blanket lien were placed on all of the Properties Collateral as security for the Note; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a1) Each Borrower acknowledge acknowledges that Lender the Administrative Agent has made the Loan Loans to Borrower upon, among other things, the Borrowers upon the security of its the Borrowers’ collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Property the Properties taken separately. Each Borrower agrees that the Mortgages are and will be cross-collateralized and cross-defaulted with each other so that (ia) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other Mortgages which secure the NoteNotes; (iib) an Event of Default under the Note Notes or this Agreement shall constitute an Event of Default under each Mortgage; and (iiic) each Mortgage shall constitute security for the Note Notes as if a single blanket lien were placed on all of the Properties as security for the Note; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyanceNotes.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower acknowledge acknowledges that Lender has made the Loan to Borrower upon, among other things, upon the security of its Borrower’s collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Individual Property taken separately. Borrower agrees that the Mortgages are and will be cross-cross collateralized and cross-cross defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other Mortgages which secure the Note; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each Mortgage; (iii) each Mortgage shall constitute security for the Note as if a single blanket lien were placed on all of the Properties as security for the Note; and (iv) such cross-cross collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower acknowledge Pledgor acknowledges that Lender has made the Loan to Borrower upon, among other things, Pledgor upon the security of its collective interest in the Properties Collateral and in reliance upon the aggregate of the Properties taken together Collateral being of greater value as collateral security than the sum of each Property any portion of the Collateral taken separately. Borrower Pledgor agrees that the Mortgages Pledge Agreements are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages Pledge Agreements shall constitute an Event of Default under each of the other Mortgages Pledge Agreements which secure the Note; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each MortgagePledge Agreement; (iii) each Mortgage Pledge Agreement shall constitute security for the Note as if a single blanket lien were placed on all of the Properties as security for the Note; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower acknowledge acknowledges that Lender has made the Loan to Borrower upon, among other things, upon the security of its collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Individual Property taken separately. Borrower agrees that the Mortgages are and will be cross-cross collateralized and cross-cross defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other Mortgages which secure the Note; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each Mortgage; (iii) each Mortgage shall constitute security for the Note as if a single blanket lien Lien were placed on all of the Properties as security for the Note; and (iv) such cross-cross collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Each Individual Borrower acknowledge acknowledges that Lender has made the Loan to Borrower upon, among other things, upon the security of its collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Individual Property taken separately. Each Individual Borrower agrees that the Mortgages are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other Mortgages which secure the Note; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each Mortgage; (iii) each Mortgage shall constitute security for the Note as if a single blanket lien were placed on all of the Properties as security for the Note; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower Borrowers hereby acknowledge that Lender has made the Loan Advances to Borrower Borrowers upon, among other things, the security of its collective interest in the Financed Rental Properties and in reliance upon the aggregate of the Financed Rental Properties taken together being of greater value as collateral security than the sum of each Financed Rental Property taken separately. Borrower Borrowers agrees that the Mortgages are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other Mortgages which secure the Note; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each Mortgage; (iii) each Mortgage shall constitute security for the Note as if a single blanket lien were placed on all of the Financed Rental Properties as security for the Note; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower acknowledge acknowledges that Lender has made the Loan to Borrower upon, among other things, upon the security of its collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Property taken separately. Borrower agrees that the Mortgages are and will be cross-cross- collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other Mortgages which secure the Note; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each Mortgage; (iii) each Mortgage shall constitute security for the Note as if a single blanket lien were placed on all of the Properties as security for the Note; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower acknowledge Property Guarantor acknowledges that Lender has made the Loan to Borrower upon, among other things, upon the security of its Property Guarantor’s collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Individual Property taken separately. Borrower agrees Property Guarantor agree that the Mortgages Security Instruments are and will be cross-collateralized and cross-defaulted with each other so that subject to the release or substitution of any Individual Property as provided herein (i) an Event of Default under any of the Mortgages Security Instruments shall constitute an Event of Default under each of the other Mortgages Security Instruments which secure the NoteProperty Guaranty; (ii) an Event of Default under the Note Property Guaranty or this Agreement shall constitute an Event of Default under each MortgageSecurity Instrument; (iii) each Mortgage Security Instrument shall constitute security for the Note Guaranty as if a single blanket lien were placed on all of the Properties as security for the Note; and (iv) such cross-cross collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower acknowledge acknowledges that Lender has made the Loan to Borrower upon, among other things, upon the security of its collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Individual Property taken separately. Borrower agrees and acknowledges that Savannah Borrower, Baltimore Borrower, and Portsmouth Borrower and their respective successors and assigns shall be jointly and severally liable for the Debt and the Other Obligations under the Loan Documents. Borrower agrees that the Mortgages are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other Mortgages which secure the Note; (ii) an Event of Default under the Note or this Loan Agreement shall constitute an Event of Default under each Mortgage; (iii) each the Mortgage with respect to the Savannah Property and the Portsmouth Property shall constitute security for the Note as if a single blanket lien were placed on all of the Properties as security for the Note; (iv) the Mortgage with respect to the Baltimore Property shall constitute security for the IDOT Guaranty; and (ivv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower acknowledge acknowledges that Lender Lxxxxx has made the Loan to Borrower upon, among other things, upon the security of its collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Individual Property taken separately. Borrower agrees that the Mortgages are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other Mortgages which secure the Note; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each Mortgage; (iii) each Mortgage shall constitute security for the Note as if a single blanket lien were placed on all of the Properties as security for the Note; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.. 167

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Each Individual Borrower acknowledge acknowledges that Lender has made the Loan to Borrower upon, among other things, upon the security of its collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Individual Property taken separately. Each Individual Borrower agrees that the Mortgages are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other Mortgages which secure the Note; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each Mortgage; (iii) each Mortgage shall constitute security for the Note as if a single blanket lien were placed on all of the Properties as security for the Note; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower Borrowers hereby acknowledge that Lender has made the Loan Advances to Borrower Borrowers upon, among other things, the security of its collective interest in the Financed Rental Properties and in reliance upon the aggregate of the Financed Rental Properties taken together being of greater value as collateral security than the sum of each Financed Rental Property taken separately. Borrower agrees Borrowers agree that the Mortgages Mortgages, if any, are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other Mortgages which secure the Note; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each Mortgage, if any; (iii) each Mortgage Mortgage, if any, shall constitute security for the Note as if a single blanket lien were placed on all of the Financed Rental Properties as security for the Note; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Each Borrower acknowledge acknowledges that the Lender has made the Loan to Borrower upon, among other things, the Borrowers upon the security of its collective interest in each of the Properties and all of the Properties taken together, and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Property taken separately. Each Borrower agrees that the Mortgages are and will be considered to be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under or with respect to any one of the Mortgages shall constitute an Event of Default under and with respect to the entire Loan, including each of the other Mortgages which secure the NoteMortgages; (ii) an Event of Default under or in respect of the Note or this Agreement shall constitute an Event of Default under with respect to each MortgageMortgage and each other instrument providing security in respect of the Loan; (iii) each Mortgage shall constitute security for the Note and in respect of the entire Loan as if a single blanket lien were placed on all of the Properties and other collateral as security for the NoteNote and the Loan; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.. 100

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower acknowledge acknowledges that Lender has made the Loan to Borrower upon, among other things, upon the security of its collective interest in the Properties Property and in reliance upon the aggregate of the Properties Property taken together being of greater value as collateral security than the sum of each Individual Property taken separately. Borrower agrees that the Mortgages are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other Mortgages which secure the Note; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each Mortgage; (iii) each Mortgage shall constitute security for the Note as if a single blanket lien were placed on all of the Individual Properties as security for the Note; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower acknowledge 10.19.1 Each Property Owner acknowledges that each Lender has made the Loan to Borrower upon, among other things, Borrowers upon the security of its collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Property taken separately. Borrower Each Property Owner agrees that the Mortgages are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other Mortgages which secure the NoteNotes; (ii) an Event of Default under the Note Notes or this Agreement shall constitute an Event of Default under each Mortgage; (iii) each Mortgage shall constitute security for the Note Notes as if a single blanket lien Lien were placed on all of the Properties as security for the NoteNotes; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower Borrowers acknowledge that Lender has made the Loan to Borrower upon, among other things, Borrowers and has accepted the Guaranty of Other Loans from Borrowers upon the security of its collective interest in the Individual Properties and in reliance upon the aggregate of the Individual Properties taken together being of greater value as collateral security than the sum of each Property the Individual Properties taken separately. Borrower agrees Borrowers agree that the Mortgages are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other Mortgages which secure the NoteNote and the Guaranty of Other Loans; (ii) an Event of Default under the Note Note, the Guaranty of Other Loans or this Agreement shall constitute an Event of Default under each Mortgage; (iii) each First Mortgage shall constitute security for the Note as if a single blanket lien were placed on all of the Individual Properties as security for the Note; , and (iv) such cross-collateralization each Second Mortgage shall in no event be deemed to constitute security for the Guaranty of Other Loans as if a fraudulent conveyancesingle blanket lien were placed on all of the Individual Properties as security for the Guaranty of Other Loans.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Each of Borrower and Maryland Owner acknowledge that Lender has made the Loan to Borrower upon, among other things, upon the security of its collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Individual Property taken separately. Borrower agrees and Maryland Owner agree that the Mortgages are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other Mortgages which secure the Note; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each Mortgage; (iii) each Mortgage shall constitute security for the Note as if a single blanket lien were placed on all of the Properties as security for the Note; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Each Borrower acknowledge hereby acknowledges that Lender has Lenders have made the Loan Advances to such Borrower upon, among other things, the security of its collective interest in the Financed SF Properties and in reliance upon the aggregate of the Financed SF Properties taken together being of greater value as collateral security than the sum of each Financed SF Property taken separately. Each Borrower agrees that the Mortgages Mortgages, if any, are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages Mortgages, if any, shall constitute an Event of Default under each of the other Mortgages which secure the NoteMortgages, if any; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each Mortgage, if any; (iii) each Mortgage Mortgage, if any, shall constitute security for the Note as if a single blanket lien were placed on all of the Financed SF Properties as security for the Notesecurity; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Each Individual Borrower acknowledge acknowledges that Lender has made the Loan to Borrower upon, among other things, upon the security of its collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Individual Property taken separately. Each Individual Borrower agrees that the Mortgages are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other Mortgages which secure the Note; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each 95 Mortgage; (iii) each Mortgage shall constitute security for the Note as if a single blanket lien were placed on all of the Properties as security for the Note; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower acknowledge acknowledges that Lender has made the Loan to Borrower upon, among other things, upon the security of its collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Individual Property taken separately. Borrower agrees that the Mortgages are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other Mortgages which secure the Note; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each Mortgage; (iii) each Mortgage shall constitute security for the Note as if a single blanket lien were placed on all of the Properties as security for the Note; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Each Individual Borrower acknowledge acknowledges that Lender has made the Loan to Borrower upon, among other things, upon the security of its collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Individual Property taken separately. Each Individual Borrower agrees that the Mortgages are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other Mortgages which secure the Note; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each Mortgage; (iii) each Mortgage shall constitute security for the Note as if a single blanket lien were placed on all of the Properties as security for the Note; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.conveyance 110

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Each Borrower acknowledge hereby acknowledges that Lender has Lenders have made the Loan Advances to such Borrower upon, among other things, the security of its collective interest in the Financed SF Properties and in reliance upon the aggregate of the Financed SF Properties taken together being of greater value as collateral security than the sum of each Financed SF Property taken separately. Each Borrower agrees that the Mortgages Mortgages, if any, are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages Mortgages, if any, shall constitute an Event of Default under each of the other Mortgages which secure the NoteMortgages, if any; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each Mortgage, if any; (iii) each Mortgage Mortgage, if any, shall constitute security for the Note as if a single blanket lien were placed on all of the Financed SF Properties as security for the Notesecurity; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Each Borrower acknowledge hereby acknowledges that Lender has Xxxxxxx have made the Loan Advances to such Borrower upon, among other things, the security of its collective interest in the Financed SF Properties and in reliance upon the aggregate of the Financed SF Properties taken together being of greater value as collateral security than the sum of each Financed SF Property taken separately. Each Borrower agrees that the Mortgages Mortgages, if any, are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages Mortgages, if any, shall constitute an Event of Default under each of the other Mortgages which secure the NoteMortgages, if any; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each Mortgage, if any; (iii) each Mortgage Mortgage, if any, shall constitute security for the Note as if a single blanket lien were placed on all of the Financed SF Properties as security for the Notesecurity; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower acknowledge acknowledges that Lender has made the Loan to Borrower upon, among other things, upon the security of its collective interest in the Properties Collateral and in reliance upon the aggregate of the Properties Collateral taken together being of greater value as collateral security than the sum of each Property Borrower’s Collateral taken separately. Borrower agrees that portions of the Mortgages are and will be Collateral cross-collateralized collateralize and cross-defaulted default with each other portions of the Collateral so that (i) an Event of Default under any of the Mortgages shall constitute constitutes an Event of Default with respect to each Borrower’s pledge of Collateral under each of the other Mortgages Pledge Agreement which secure secures the Note; (ii) an Event of Default that is continuing under the Note or this Loan Agreement shall constitute an Event of Default under each Mortgagethe Pledge Agreement; (iii) each Mortgage the Pledge Agreement shall constitute security for the Note as if a single blanket lien were placed on all of the Properties Collateral as security for the Note; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (ai) Borrower acknowledge acknowledges that Lender has made the Loan to Borrower upon, among other things, upon the security of its collective interest in the Properties Property and in reliance upon the aggregate of the Properties Property taken together being of greater value as collateral security than the sum of each Individual Property taken separately. Borrower agrees that the Mortgages are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other Mortgages which secure the Note; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each Mortgage; (iii) each Mortgage shall constitute security for the Note as if a single blanket lien were placed on all of the Properties as security for the Note; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower and Maryland Owner acknowledge that Lender has made the Loan to Borrower upon, among other things, upon the security of its collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Individual Property taken separately. Borrower agrees and Maryland Owner agree that the Mortgages Security Instruments are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages Security Instruments shall constitute an Event of Default under each of the other Mortgages Security Instruments which secure the NoteNote or the Maryland Guaranty Agreement; (ii) an Event of Default under the Note Note, the Maryland Guaranty Agreement or this Agreement shall constitute an Event of Default under each MortgageSecurity Instrument; (iii) each Mortgage Security Instrument shall constitute security for the Note or Maryland Guaranty Agreement as if a single blanket lien were placed on all of the Properties as security for the Note; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower acknowledge acknowledges that Lender has made the Loan to Borrower upon, among other things, upon the security of its collective interest in the Collateral and the Properties and in reliance upon the aggregate of the Collateral and the Properties taken together being of greater value as collateral security than the sum of each Individual Property taken separately. Borrower agrees that the Mortgages are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other Mortgages which secure the Note; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each Mortgage; (iii) each Mortgage shall constitute security for the Note as if a single blanket lien were placed on all of the Properties as security for the Note; (iv) each Pledge Agreement shall constitute security for the Note as if a single blanket lien were placed on all of the Collateral as security for the Note; and (ivv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower acknowledge acknowledges that Lender has made the Loan was made to Borrower upon, among other things, upon the security of its the Noteholder’s collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Individual Property taken separately. Borrower agrees that the Mortgages are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other Mortgages which secure the Note; (ii) an Event of Default under the Note or this Loan Agreement shall constitute an Event of Default under each Mortgage; (iii) each Mortgage shall constitute security for the Note as if a single blanket lien were placed on all of the Properties as security for the Note; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower acknowledge acknowledges that Lender Xxxxxx has made the Loan to Borrower upon, among other things, upon the security of its collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Individual Property taken separately. Borrower agrees that the Mortgages are and will be cross-collateralized and cross-defaulted with each other so that (i) an upon the occurrence of any Event of Default under any Default, an event of the Mortgages default shall constitute an Event of Default be deemed to have occurred under each of the other Mortgages which secure regardless of whether the Noteevent constituting such Event of Default related to any particular Individual Property; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each Mortgage; (iii) each Mortgage shall constitute security for the Note as if a single blanket lien were placed on all of the Properties as security for the Note; and (iv) such cross-cross collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower acknowledge acknowledges that Lender has made the Loan to Borrower upon, among other things, upon the security of its collective interest in the Properties Collateral and in reliance upon the aggregate of the Properties Collateral taken together being of greater value as collateral security than the sum of each Property Borrower's Collateral taken separately. Borrower agrees that portions of the Mortgages are and will be Collateral cross-collateralized collateralize and cross-defaulted default with each other portions of the Collateral so that (i) an Event of Default under any of the Mortgages shall constitute constitutes an Event of Default with respect to each Borrower's pledge of Collateral under each of the other Mortgages Pledge Agreement which secure secures the Note; (ii) an Event of Default that is continuing under the Note or this Loan Agreement shall constitute an Event of Default under each Mortgagethe Pledge Agreement; (iii) each Mortgage the Pledge Agreement shall constitute security for the Note as if a single blanket lien were placed on all of the Properties Collateral as security for the Note; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower acknowledge hereby acknowledges that Lender has the Lenders have made the Loan Advances to the Borrower upon, among other things, the security of its collective interest in the Financed Properties and in reliance upon the aggregate of the Financed Properties taken together being of greater value as collateral security than the sum of each Financed Property taken separately. The Borrower agrees that the Mortgages Mortgages, if any, are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages Mortgages, if any, shall constitute an Event of Default under each of the other Mortgages which secure the NoteMortgages, if any; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each Mortgage, if any; (iii) each Mortgage Mortgage, if any, shall constitute security for the Note as if a single blanket lien were placed on all of the Financed Properties as security for the Notesecurity; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower acknowledge acknowledges that Lender Xxxxxx has made the Loan to Borrower upon, among other things, upon the security of its collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Individual Property taken separately. Borrower agrees that the Mortgages are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other Mortgages which secure the Note; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each Mortgage; (iii) each Mortgage shall constitute security for the Note as if a single blanket lien were placed on all of the Properties as security for the Note; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower acknowledge acknowledges that Lender has made the Loan to Borrower upon, among other things, upon the security of its Borrower’s collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Individual Property taken separately. Each of Borrower and Operating Lessee agrees that the Mortgages are and will be cross-cross collateralized and cross-cross defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other Mortgages which secure the Note; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each Mortgage; (iii) each Mortgage shall constitute security for the Note as if a single blanket lien were placed on all of the Properties as security for the Note; and (iv) such cross-cross collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (aA) Borrower acknowledge Each of the Borrowers acknowledges that Lender has made the Loan to Borrower upon, among other things, each of the Borrowers upon the security of its collective interest in the Properties and the Other Company Collateral and in 91 reliance upon the aggregate value of the Properties and the Other Company Collateral taken together being of greater value as collateral security than the sum of each such Property and each of the Borrowers' interests in the Company Collateral taken separately. Borrower Each of the Borrowers agrees that the Mortgages Deeds of Trusts and other security agreements given hereunder are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the Deeds of Trusts and the other Mortgages security agreements given hereunder which secure the Note; (ii) an Event each Deed of Default under Trust and the Note or this Agreement shall constitute an Event of Default under each Mortgage; (iii) each Mortgage other security agreements given hereunder shall constitute security for the Note as if a single blanket lien were placed on all of the Properties and the Other Company Collateral as security for the Note; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower acknowledge acknowledges that Lender has made the Loan to Borrower upon, among other things, upon the security of its collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Individual Property taken separately. Borrower agrees that the Mortgages are and will be cross-collateralized and cross-defaulted with each other so that (i) an upon the occurrence of any Event of Default under any Default, an event of the Mortgages default shall constitute an Event of Default be deemed to have occurred under each of the other Mortgages which secure regardless of whether the Noteevent constituting such Event of Default related to any particular Individual Property; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each Mortgage; (iii) each Mortgage shall constitute security for the Note as if a single blanket lien were placed on all of the Properties as security for the Note; and (iv) such cross-cross collateralization shall in no event be deemed to constitute a fraudulent conveyance.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower acknowledge acknowledges that Lender Lxxxxx has made the Loan to Borrower upon, among other things, upon the security of its collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Individual Property taken separately. Borrower agrees that the Mortgages are and will be cross-cross collateralized and cross-cross defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other Mortgages which secure the Note; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each Mortgage; (iii) each Mortgage shall constitute security for the Note as if a single blanket lien were placed on all of the Properties as security for the Note; and (iv) such cross-cross collateralization shall in no event be deemed to constitute a fraudulent conveyance.. 127