Extension, Release, etc. (a) Without affecting the lien or charge created by this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. (b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired. (c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations or to foreclose the lien created by this Mortgage. (d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 4 contracts
Sources: Credit Agreement (Delek US Holdings, Inc.), Credit Agreement (Delek US Holdings, Inc.), Credit Agreement (Delek US Holdings, Inc.)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s 's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations Indebtedness or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 4 contracts
Sources: Credit and Guarantee Agreement (Warren S D Co /Pa/), Credit Agreement (Laidlaw Environmental Services Inc), Mortgage (Glimcher Realty Trust)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage Deed of Trust upon any portion of the Mortgaged Trust Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s Beneficiary's option any parcel, portion or all of the Mortgaged Trust Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Deed of Trust shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the lien created by this Deed of Trust until the lien amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee Beneficiary and no levy of an execution under any judgment upon the Mortgaged Trust Property or upon any other property of Mortgagor Grantor shall affect the lien created by this Mortgage Deed of Trust or any liens, rights, powers or remedies of Mortgagee Beneficiary or Trustee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee Beneficiary shall have the right to foreclose this MortgageDeed of Trust or to direct the Trustee to exercise its power of sale, Mortgagor Grantor authorizes Mortgagee Beneficiary at its option to foreclose the lien created by of this Mortgage Deed of Trust (or direct the Trustee to sell the Trust Property, as the case may be) subject to the rights of any tenants of the Mortgaged Trust Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged PropertyTrust Property by Trustee, or to terminate such tenant’s 's rights in such foreclosure sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Obligations Indebtedness or to foreclose the lien created by this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s Beneficiary's interest in this Mortgage Deed of Trust and title to the Mortgaged Trust Property or any estate therein shall become vested in the same person or entity, this Mortgage Deed of Trust shall not merge in such title but shall continue as a valid lien on the Mortgaged Trust Property for the amount secured hereby.
Appears in 4 contracts
Sources: Deed of Trust (Bear Island Finance Co Ii), Deed of Trust (Bear Island Finance Co Ii), Credit Agreement (Bear Island Finance Co Ii)
Extension, Release, etc. (a) Without affecting the lien encumbrance or charge created by of this Mortgage Deed of Trust upon any portion of the Mortgaged Trust Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s Beneficiary's option any parcel, portion or all of the Mortgaged Trust Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Deed of Trust shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the encumbrance of this Deed of Trust until the encumbrance amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee Beneficiary and no levy of an execution under any judgment upon the Mortgaged Trust Property or upon any other property of Mortgagor Grantor shall affect the lien created by encumbrance of this Mortgage Deed of Trust or any liens, rights, powers or remedies of Mortgagee Beneficiary or Trustee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee Beneficiary shall have the right to foreclose this MortgageDeed of Trust or to direct the Trustee to exercise its power of sale, Mortgagor Grantor authorizes Mortgagee Beneficiary at its option to foreclose the lien created by of this Mortgage Deed of Trust (or direct the Trustee to sell the Trust Property, as the case may be) subject to the rights of any tenants of the Mortgaged Trust Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged PropertyTrust Property by Trustee, or to terminate such tenant’s 's rights in such foreclosure sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Obligations Indebtedness or to foreclose the lien created by this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s Beneficiary's interest in this Mortgage Deed of Trust and title to the Mortgaged Trust Property or any estate therein shall become vested in the same person or entity, this Mortgage Deed of Trust shall not merge in such title but shall continue as a valid lien charge on the Mortgaged Trust Property for the amount secured hereby.
Appears in 3 contracts
Sources: Credit Agreement (Ddi Corp), Credit and Guarantee Agreement (Anacomp Inc), Credit Agreement (Ev International Inc)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage Deed of Trust upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s Beneficiary's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Deed of Trust shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the lien of this Deed of Trust until the lien amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee Beneficiary and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor Grantor shall affect the lien created by of this Mortgage Deed of Trust or any liens, rights, powers or remedies of Mortgagee Beneficiary hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee Beneficiary shall have the right to foreclose this MortgageDeed of Trust, Mortgagor Grantor authorizes Mortgagee Beneficiary at its option to foreclose the lien created by of this Mortgage Deed of Trust subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Obligations Indebtedness or to foreclose the lien created by of this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage Deed of Trust and title to the Mortgaged Property or any estate therein shall become vested in the same person or entityPerson, this Mortgage Deed of Trust shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 3 contracts
Sources: Deed of Trust, Security Agreement, Assignment of Rents and Leases (Harland Financial Solutions, Inc.), Deed of Trust, Security Agreement, Assignment of Rents and Leases and Fixture Filing (Harland Financial Solutions, Inc.), Deed of Trust, Security Agreement, Assignment of Rents and Leases (Harland Financial Solutions, Inc.)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsObligations, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Obligations or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s 's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage shall secure less than all of the principal amount of the Obligations, it is expressly agreed that any repayments of the principal amount of the Obligations shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Obligations outstanding.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 3 contracts
Sources: Credit Agreement (American Buildings Co /De/), Mortgage, Assignment of Production, Security Agreement, Assignment of Leases and Rents, and Fixture Filing (American Rock Salt Co LLC), Mortgage (American Buildings Co /De/)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations Indebtedness or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entityPerson, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 3 contracts
Sources: Credit Agreement (MacDermid Group Inc.), Credit Agreement (Doane Pet Care Co), Credit Agreement (Doane Pet Care Co)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s 's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the encumbrance of this Mortgage until the encumbrance amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by encumbrance of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations Indebtedness or to foreclose the lien created by this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien charge on the Mortgaged Property for the amount secured hereby.
Appears in 3 contracts
Sources: Mortgage, Assignment of Rent & Security Agreement (Day International Group Inc), Mortgage (Day International Group Inc), Mortgage, Assignment of Rent & Security Agreement (Day International Group Inc)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsObligations, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Obligations or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s 's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage shall secure less than all of the principal amount of the Obligations, it is expressly agreed that any repayments of the principal amount of the Obligations shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Obligations outstanding.
(b) No recovery of any judgment by Mortgagee ▇▇▇▇▇▇▇▇▇ and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 3 contracts
Sources: Mortgage (American Buildings Co /De/), Mortgage (American Buildings Co /De/), Mortgage (American Buildings Co /De/)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this MortgageMortgage or to direct a power of sale, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage or direct the sale of the Mortgaged Property, as the case may be, subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 3 contracts
Sources: Credit Agreement (Hertz Corp), Credit Agreement (Servicemaster Co), Revolving Credit Agreement (Servicemaster Co)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s 's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the encumbrance of this Mortgage until the encumbrance amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by encumbrance of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations Indebtedness or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 3 contracts
Sources: Mortgage Assignment of Rents and Leases, Security Agreement and Fixture Filing (Ev International Inc), Mortgage Assignment of Rents and Leases, Security Agreement and Fixture Filing (Ev International Inc), Mortgage (Telex Communications Inc)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage Deed of Trust upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at MortgageeBeneficiary’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) No recovery of any judgment by Mortgagee Beneficiary and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor Grantor shall affect the lien created by of this Mortgage Deed of Trust or any liens, rights, powers or remedies of Mortgagee Beneficiary hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee Beneficiary shall have the right to foreclose this MortgageDeed of Trust or to direct a power of sale, Mortgagor Grantor authorizes Mortgagee Beneficiary at its option to foreclose the lien created by of this Mortgage Deed of Trust or direct the sale of the Mortgaged Property, as the case may be, subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Obligations or to foreclose the lien created by of this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage Deed of Trust and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage Deed of Trust shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 3 contracts
Sources: Credit Agreement (Hertz Corp), Deed of Trust (Hertz Corp), Deed of Trust (Hertz Corp)
Extension, Release, etc. (a) Without affecting the lien or charge created by this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee may, from time to time and without noticenotice (but subject to the terms of the Credit Agreement (including, without limitation, Section 11.2 thereof), agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by this Mortgage subject to the rights of any tenants of the Mortgaged Property, to the extent permitted by applicable law. The To the extent permitted by applicable law, the failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations or to foreclose the lien created by this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 2 contracts
Sources: Credit Agreement (Sprague Resources LP), Credit Agreement (Sprague Resources LP)
Extension, Release, etc. (a) Without affecting Except as provided in Section 20.8, none of (i) the lien release of any Person liable for the indebtedness borrowed or guaranteed under the Credit Documents, the Indenture Notes, the Indentures, or the Additional Obligations, (ii) the extension of the maturity or alteration of any of the terms of the indebtedness borrowed or guaranteed under the Credit Documents, the Indenture Notes, the Indentures, or the terms of any Additional Obligations or any guaranty thereof, (iii) the grant of other indulgences, (iv) the release or reconveyance of all or any part of the Mortgaged Property, (v) the taking or release of any other or additional security for any Obligation, or (vi) the making of any composition or other arrangement with debtors in relation thereto, shall affect the Lien or charge created by of this Mortgage Deed of Trust upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) No recovery of any judgment by Mortgagee Collateral Agent and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor Grantor shall affect the lien created by Lien of this Mortgage Deed of Trust or any liensLiens, rights, powers or remedies of Mortgagee Collateral Agent hereunder, and such liensLiens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations or to foreclose the lien created by this Mortgage.
(d) Unless expressly provided otherwise, in the event that MortgageeCollateral Agent’s interest in this Mortgage Deed of Trust and title to the Mortgaged Property or any estate therein shall become vested in the same person or entityPerson, this Mortgage Deed of Trust shall not merge in such title but shall continue as a valid lien Lien on the Mortgaged Property for the amount secured hereby.
Appears in 2 contracts
Sources: Deed of Trust, Security Agreement and Fixture Filing (Ovation Acquisition I, L.L.C.), Deed of Trust, Security Agreement and Fixture Filing (Oncor Electric Delivery Co LLC)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee may, acting at the direction of the Majority Holders, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Credit Facility Documents or the Additional Debt Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Credit Facility Documents or the Additional Debt Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged Property, or to terminate such tenant’s 's rights in such foreclosure sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 2 contracts
Sources: Open End Leasehold Mortgage, Security Agreement, Assignment of Leases and Rents, and Fixture Filing (Dayton Power & Light Co), Open End Mortgage, Security Agreement, Assignment of Leases and Rents, and Fixture Filing (Dayton Power & Light Co)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s 's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee ▇▇▇▇▇▇▇▇▇ and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor ▇▇▇▇▇▇▇▇▇ as a defense to any proceeding instituted by Mortgagee to collect the Obligations Indebtedness or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entityPerson, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 2 contracts
Sources: Mortgage (Harland Financial Solutions, Inc.), Mortgage (Harland Financial Solutions, Inc.)
Extension, Release, etc. (a) Without affecting the lien lien, charge or charge created by priority of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsObligations, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or evidenced by the Credit Agreement and the other Loan Documents and guaranteed under the Loan Documents Guarantee or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage shall secure less than all of the principal amount of the Obligations, it is expressly agreed that any repayments of the principal amount of the Obligations shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Obligations outstanding.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpairedunimpaired until the Obligations have been fully paid and performed.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 2 contracts
Sources: Term Loan Credit Agreement (Roundy's, Inc.), Asset Based Revolving Credit Agreement (Roundy's, Inc.)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage Deed of Trust upon any portion of the Mortgaged Trust Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsObligations, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Obligations or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s Beneficiary's option any parcel, portion or all of the Mortgaged Trust Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Deed of Trust shall secure less than all of the principal amount of the Obligations, it is expressly agreed that any repayments of the principal amount of the Obligations shall not reduce the amount of the lien of this Deed of Trust until the lien amount shall equal the principal amount of the Obligations outstanding.
(b) No recovery of any judgment by Mortgagee Beneficiary and no levy of an execution under any judgment upon the Mortgaged Trust Property or upon any other property of Mortgagor Grantor shall affect the lien created by of this Mortgage Deed of Trust or any liens, rights, powers or remedies of Mortgagee Beneficiary hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee Beneficiary shall have the right to foreclose this MortgageDeed of Trust, Mortgagor Grantor authorizes Mortgagee Beneficiary at its option to foreclose the lien created by of this Mortgage Deed of Trust subject to the rights of any tenants of the Mortgaged Trust Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Obligations or to foreclose the lien created by of this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage Deed of Trust and title to the Mortgaged Trust Property or any estate therein shall become vested in the same person or entity, this Mortgage Deed of Trust shall not merge in such title but shall continue as a valid lien on the Mortgaged Trust Property for the amount secured hereby.
Appears in 2 contracts
Sources: Deed of Trust (American Buildings Co /De/), Deed of Trust (American Buildings Co /De/)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage Deed of Trust upon any portion of the Mortgaged Trust Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s Beneficiary's option any parcel, portion or all of the Mortgaged Trust Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Deed of Trust shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the encumbrance of this Deed of Trust until the encumbrance amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee Beneficiary and no levy of an execution under any judgment upon the Mortgaged Trust Property or upon any other property of Mortgagor Grantor shall affect the lien created by encumbrance of this Mortgage or any liens, rights, powers or remedies of Mortgagee Beneficiary hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee Beneficiary shall have the right to foreclose this MortgageDeed of Trust, Mortgagor Grantor authorizes Mortgagee Beneficiary at its option to foreclose the lien created by of this Mortgage Deed of Trust subject to the rights of any tenants of the Mortgaged Trust Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Obligations Indebtedness or to foreclose the lien created by this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage Deed of Trust and title to the Mortgaged Trust Property or any estate therein shall become vested in the same person or entity, this Mortgage Deed of Trust shall not merge in such title but shall continue as a valid lien charge on the Mortgaged Trust Property for the amount secured hereby.
Appears in 2 contracts
Sources: Deed of Trust (Day International Group Inc), Deed of Trust (Day International Group Inc)
Extension, Release, etc. (a) Without affecting the lien -------------------------- encumbrance or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s 's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the encumbrance of this Mortgage until the encumbrance amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by encumbrance of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this MortgageMortgage or to exercise its power of sale, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged PropertyProperty by Mortgagee, or to terminate such tenant’s 's rights in such foreclosure sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations Indebtedness or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s 's interest in this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien charge on the Mortgaged Property for the amount secured hereby.
Appears in 2 contracts
Sources: Mortgage, Assignment of Rents and Leases and Security Agreement (Safety Kleen Corp/), Demand Loan Agreement (Safety Kleen Corp/)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage Deed of Trust upon any portion of the Mortgaged Trust Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee Beneficiary may, from time to time and without noticenotice except as specifically set forth in the Credit Agreement, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsDocuments or any other obligation secured by this Deed of Trust, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents or any other obligation secured by this Deed of Trust or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at MortgageeBeneficiary’s option any parcel, portion or all of the Mortgaged Trust Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) No recovery of any judgment by Mortgagee Beneficiary and no levy of an execution under any judgment upon the Mortgaged Trust Property or upon any other property of Mortgagor Grantor shall affect the lien created by of this Mortgage Deed of Trust or any liens, rights, powers or remedies of Mortgagee Beneficiary hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee Beneficiary shall have the right to foreclose this MortgageDeed of Trust or to direct the Trustee to exercise its power of sale, Mortgagor to the extent permitted by applicable law, Grantor authorizes Mortgagee Beneficiary at its option to foreclose the lien created by of this Mortgage Deed of Trust (or direct the sale of the Trust Property, as the case may be) subject to the rights of any tenants of the Mortgaged Trust Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged PropertyTrust Property by Trustee, or to terminate such tenant’s rights in such foreclosure sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Obligations or to foreclose the lien created by of this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage Deed of Trust and title to the Mortgaged Trust Property or any estate therein shall become vested in the same person or entity, this Mortgage Deed of Trust shall not merge in such title but shall continue as a valid lien on the Mortgaged Trust Property for the amount secured hereby.
Appears in 2 contracts
Sources: Revolving Facility Credit Agreement (Fender Musical Instruments Corp), Term Facility Credit Agreement (Fender Musical Instruments Corp)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpairedunimpaired until the Indebtedness has been fully paid and the Obligations have been fully performed.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations Indebtedness or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 2 contracts
Sources: Credit Agreement (Paperweight Development Corp), Credit Agreement (Appleton Papers Inc/Wi)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s 's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this MortgageMortgage or to direct a power of sale, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage (or direct the sale of the Mortgaged Property, as the case may be) subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged Property, or to terminate such tenant’s 's rights in such foreclosure sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 2 contracts
Sources: Mortgage, Security Agreement, Assignment of Leases and Rents, and Fixture Filing (M & F Worldwide Corp), Credit Agreement (Werner Holding Co Inc /Pa/)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for any portion of the indebtedness borrowed or guaranteed under the Loan DocumentsObligations, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under any guaranty of any of the Loan Documents or any other guaranty thereofObligations, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation Obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage shall secure less than all of the principal amount of the Obligations, it is expressly agreed that any repayments of the principal amount of the Obligations shall not reduce the amount of the encumbrance created by this Mortgage until the encumbrance amount shall equal the principal amount of the Obligations outstanding.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by encumbrance of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 2 contracts
Sources: Indenture (Horsehead Holding Corp), Revolving Credit and Security Agreement (Horsehead Holding Corp)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage Deed of Trust upon any portion of the Mortgaged Trust Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsObligations, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Obligations or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s Beneficiary's option any parcel, portion or all of the Mortgaged Trust Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Deed of Trust shall secure less than all of the principal amount of the Obligations, it is expressly agreed that any repayments of the principal amount of the Obligations shall not reduce the amount of the lien of this Deed of Trust until the lien amount shall equal the principal amount of the Obligations outstanding.
(b) No recovery of any judgment by Mortgagee ▇▇▇▇▇▇▇▇▇▇▇ and no levy of an execution under any judgment upon the Mortgaged Trust Property or upon any other property of Mortgagor Grantor shall affect the lien created by of this Mortgage Deed of Trust or any liens, rights, powers or remedies of Mortgagee Beneficiary hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee Beneficiary shall have the right to foreclose this MortgageDeed of Trust, Mortgagor Grantor authorizes Mortgagee Beneficiary at its option to foreclose the lien created by of this Mortgage Deed of Trust subject to the rights of any tenants of the Mortgaged Trust Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Obligations or to foreclose the lien created by of this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage Deed of Trust and title to the Mortgaged Trust Property or any estate therein shall become vested in the same person or entity, this Mortgage Deed of Trust shall not merge in such title but shall continue as a valid lien on the Mortgaged Trust Property for the amount secured hereby.
Appears in 2 contracts
Sources: Deed of Trust (American Buildings Co /De/), Deed of Trust (American Buildings Co /De/)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage Deed of Trust upon any portion of the Mortgaged Trust Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsObligations, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents or any other guaranty thereofObligations, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s Beneficiary's option any parcel, portion or all of the Mortgaged Trust Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Deed of Trust shall secure less than all of the principal amount of the Obligations, it is expressly agreed that any repayments of the principal amount of the Obligations shall not reduce the amount of the lien of this Deed of Trust until the lien amount shall equal the principal amount of the Obligations outstanding.
(b) No recovery of any judgment by Mortgagee Beneficiary and no levy of an execution under any judgment upon the Mortgaged Trust Property or upon any other property of Mortgagor Grantor shall affect the lien created by of this Mortgage Deed of Trust or any liens, rights, powers or remedies of Mortgagee Beneficiary hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee Beneficiary shall have the right to foreclose this MortgageDeed of Trust or to direct the Trustee to exercise its power of sale, Mortgagor Grantor authorizes Mortgagee Beneficiary at its option to foreclose the lien created by of this Mortgage Deed of Trust (or direct the Trustee to sell the Trust Property, as the case may be) subject to the rights of any tenants of the Mortgaged Trust Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged PropertyTrust Property by Trustee, or to terminate such tenant’s 's rights in such foreclosure sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Obligations or to foreclose the lien created by of this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage Deed of Trust and title to the Mortgaged Trust Property or any estate therein shall become vested in the same person or entity, this Mortgage Deed of Trust shall not merge in such title but shall continue as a valid lien charge on the Mortgaged Trust Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien encumbrance or charge created by of this Mortgage Deed of Trust upon any portion of the Mortgaged Trust Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s Beneficiary's option any parcel, portion or all of the Mortgaged Trust Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Deed of Trust shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the encumbrance of this Deed of Trust until the encumbrance amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee and Bene▇▇▇▇▇▇▇ ▇▇▇ no levy of an execution under any judgment upon the Mortgaged Trust Property or upon any other property of Mortgagor Grantor shall affect the lien created by encumbrance of this Mortgage Deed of Trust or any liens, rightstights, powers or remedies of Mortgagee Beneficiary or Trustee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee Beneficiary shall have the right to foreclose this MortgageDeed of Trust or to direct the Trustee to exercise its power of sale, Mortgagor Grantor authorizes Mortgagee Beneficiary at its option to foreclose the lien created by of this Mortgage Deed of Trust (or direct the Trustee to sell the Trust Property, as the case may be) subject to the rights of any tenants of the Mortgaged Trust Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged PropertyTrust Property by Trustee, or to terminate such tenant’s 's rights in such foreclosure sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Obligations Indebtedness or to foreclose the lien created by this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s Beneficiary's interest in this Mortgage Deed of Trust and title to the Mortgaged Trust Property or any estate therein shall become vested in the same person or entity, this Mortgage Deed of Trust shall not merge in such title but shall continue as a valid lien charge on the Mortgaged Trust Property for the amount secured hereby.
Appears in 1 contract
Sources: Deed of Trust (Ev International Inc)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Credit Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Credit Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this MortgageMortgage or to direct a power of sale, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage (or direct the sale of the Mortgaged Property, as the case may be) subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage Deed of Trust upon any portion of the Mortgaged Trust Property not then or theretofore released as security for the full amount of the Secured Obligations, Mortgagee mayany Lien upon the Trust Property granted hereunder shall be automatically released to the extent the requirements of Section 5.12 of the Term Debt Intercreditor Agreement have been met, from time and to time the extent provided by Section 4.2 of the Intercreditor Agreement, all without delivery of any instrument or performance of any act by any party. In connection therewith, at the request and sole expense of the Grantor, the Beneficiary shall execute and deliver to the Grantors all releases or other documents, including, without noticelimitation, agree to (i) release any person liable releases, reconveyances and termination statements, reasonably necessary or desirable for the indebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any release of the terms of the indebtedness borrowed or guaranteed under the Loan Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed such Lien. If at any time at Mortgagee’s option any parcel, portion or this Deed of Trust shall secure less than all of the Mortgaged Propertyprincipal amount of the Secured Obligations, (v) take or release it is expressly agreed that any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) repayments of the principal amount of the Secured Obligations shall not reduce the amount of the lien of this Deed of Trust until the lien amount shall equal the principal amount of the Secured Obligations outstanding. No recovery of any judgment by Mortgagee Beneficiary and no levy of an execution under any judgment upon the Mortgaged Trust Property or upon any other property of Mortgagor Grantor shall affect the lien created by of this Mortgage Deed of Trust or any liens, rights, powers or remedies of Mortgagee Beneficiary or Trustee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(cb) If Mortgagee Beneficiary shall have the right to foreclose this MortgageDeed of Trust or to direct Trustee to exercise its power of sale, Mortgagor Grantor authorizes Mortgagee Beneficiary at its option to foreclose the lien created by this Mortgage Deed of Trust (or direct Trustee to sell the Trust Property, as the case may be) subject to the rights of any tenants of the Mortgaged Trust Property. The failure to make any such tenants parties to or defendant to in any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged PropertyTrust Property by Trustee, or to terminate such tenant’s rights in such foreclosure sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Secured Obligations or to foreclose the lien created by this MortgageDeed of Trust.
(dc) Unless expressly provided otherwise, in the event that MortgageeBeneficiary’s interest in this Mortgage Deed of Trust and title to the Mortgaged Trust Property or any estate therein shall become vested in the same person or entity, this Mortgage Deed of Trust shall not merge in such title but shall continue as a valid lien on the Mortgaged Trust Property for the amount secured hereby.
Appears in 1 contract
Sources: Indenture (Smithfield Foods Inc)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s 's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations Indebtedness or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Sources: Open End Mortgage and Security Agreement (Ero Marketing Inc)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsObligations, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Obligations or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage shall secure less than all of the principal amount of the Obligations, it is expressly agreed that any repayments of the principal amount of the Obligations shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Obligations outstanding.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee may, from time to time and without noticenotice except as specifically set forth in the Credit Agreement, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsDocuments or any other obligation secured by this Mortgage, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents or any other obligation secured by this Mortgage or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) . No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) . If Mortgagee shall have the right to foreclose this MortgageMortgage or to direct a power of sale, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage (or direct the sale of the Mortgaged Property, as the case may be) subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations or to foreclose the lien created by of this Mortgage.
(d) . Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(ba) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(cb) If Mortgagee shall have the right to foreclose this MortgageMortgage or to direct a power of sale, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage (or direct the sale of the Mortgaged Property, as the case may be) subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations or to foreclose the lien created by of this Mortgage.
(dc) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien or charge created by Lien of this Mortgage Deed Of Trust upon any portion of the Mortgaged Trust Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Documentsobligations, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Obligations or any other guaranty guarantee thereof, including, without limitation, any Subsidiary Guarantee, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed reconveyed, at any time at Mortgagee’s Beneficiary's option any parcel, portion or all of the Mortgaged Trust Property, (v) take or release any other or additional security for any obligation herein mentionedobligation, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Deed Of Trust shall secure less than all of the principal amount of the Obligations, it is expressly agreed that any repayments of the principal amount of the Obligations shall not reduce the amount of the Lien of this Deed Of Trust until the lien amount shall equal the principal amount of the Obligations outstanding.
(b) No recovery of any judgment by Mortgagee Beneficiary and no levy of an execution under any judgment upon the Mortgaged Trust Property or upon any other property of Mortgagor Grantor shall affect the lien created by Lien of this Mortgage Deed Of Trust or any liens, rights, powers or remedies of Mortgagee Beneficiary hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee Trustee or Beneficiary shall have the right to foreclose this MortgageDeed Of Trust, Mortgagor Grantor authorizes Mortgagee Trustee or Beneficiary at its option to foreclose the lien created by Lien of this Mortgage Deed Of Trust subject to the rights of any tenants of the Mortgaged Trust Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not (to the fullest extent permitted by law) be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Trustee to collect the Obligations or to foreclose the lien created by Lien of this MortgageDeed Of Trust.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage Deed Of Trust and title to the Mortgaged Trust Property or any estate therein shall become vested in the same person or entity, this Mortgage Deed Of Trust shall not merge in such title but shall continue as a valid lien Lien on the Mortgaged Trust Property for the amount secured hereby.
Appears in 1 contract
Sources: Deed of Trust (New Cf&i Inc)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Secured Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this MortgageMortgage or to direct a power of sale, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage (or direct the sale of the Mortgaged Property, as the case may be) subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Credit Agreement Obligations or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Sources: Credit Agreement (Health Management Associates Inc)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage Deed of Trust upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Secured Obligations, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at MortgageeBeneficiary’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) No recovery of any judgment by Mortgagee ▇▇▇▇▇▇▇▇▇▇▇ and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor Grantor shall affect the lien created by of this Mortgage Deed of Trust or any liens, rights, powers or remedies of Mortgagee Beneficiary hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee Trustee, at the request of Beneficiary, shall have the right to foreclose this MortgageDeed of Trust, Mortgagor Grantor authorizes Mortgagee Trustee at its option to foreclose the lien created by of this Mortgage Deed of Trust subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged PropertyProperty by Trustee, or to terminate such tenant’s rights in such foreclosure sale, will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary or Trustee to collect the Secured Obligations or to foreclose the lien created by of this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage Deed of Trust and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage Deed of Trust shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Sources: Deed of Trust (Gannett Co., Inc.)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage shall secure less than all of the principal mount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations Indebtedness or to foreclose the lien created by of this Mortgage.,
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership, of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entityPerson, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien or charge created by this Mortgage Deed of Trust upon any portion of the Mortgaged Trust Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at MortgageeBeneficiary’s option any parcel, portion or all of the Mortgaged Trust Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) No recovery of any judgment by Mortgagee Beneficiary and no levy of an execution under any judgment upon the Mortgaged Trust Property or upon any other property of Mortgagor Grantor shall affect the lien created by this Mortgage Deed of Trust or any liens, rights, powers or remedies of Mortgagee Beneficiary or Trustee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee Beneficiary shall have the right to foreclose this MortgageDeed of Trust or to direct the Trustee to exercise its power of sale, Mortgagor Grantor authorizes Mortgagee Beneficiary at its option to foreclose the lien created by this Mortgage Deed of Trust (or direct the Trustee to sell the Trust Property, as the case may be) subject to the rights of any tenants of the Mortgaged Trust Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged PropertyTrust Property by Trustee, or to terminate such tenant’s rights in such foreclosure sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Obligations or to foreclose the lien created by this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that MortgageeBeneficiary’s interest in this Mortgage Deed of Trust and title to the Mortgaged Trust Property or any estate therein shall become vested in the same person or entity, this Mortgage Deed of Trust shall not merge in such title but shall continue as a valid lien on the Mortgaged Trust Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the ObligationsSecured Indebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Documents[Secured][Loan Document] Indebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents [Secured][Loan Document] Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s 's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage shall secure less than all of the principal amount of the Secured Indebtedness, it is expressly agreed that any repayments of the principal amount of the Secured Indebtedness shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations Indebtedness or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Sources: Credit Agreement (SPX Corp)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged 14 13 Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s 's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations Indebtedness or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
(e) Mortgagor waives and releases, to the fullest extent permitted by law, any rights which it may have to send a written notice pursuant to 42 Pa. Cons. Stat. Ann. ▇▇ction 8143(c).
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage Deed of Trust upon any portion of the Mortgaged Trust Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee Beneficiary may, from time to time and without notice, agree to to
(i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s Beneficiary's option any parcel, portion or all of the Mortgaged Trust Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Deed of Trust shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the lien of this Deed of Trust until the lien amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee Beneficiary and no levy of an execution under any judgment upon the Mortgaged Trust Property or upon any other property of Mortgagor Grantor shall affect the lien created by of this Mortgage Deed of Trust or any liens, rights, powers or remedies of Mortgagee Beneficiary hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee Beneficiary shall have the right to foreclose this MortgageDeed of Trust (or direct the Trustee to sell the Trust Property, Mortgagor as the case may be), Grantor authorizes Mortgagee Beneficiary at its option to foreclose the lien created by of this Mortgage Deed of Trust subject to the rights of any tenants of the Mortgaged Trust Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Obligations Indebtedness or to foreclose the lien created by of this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage Deed of Trust and title to the Mortgaged Trust Property or any estate therein shall become vested in the same person or entity, this Mortgage Deed of Trust shall not merge in such title but shall continue as a valid lien on the Mortgaged Trust Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s 's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee ▇▇▇▇▇▇▇▇▇ and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor ▇▇▇▇▇▇▇▇▇ as a defense to any proceeding instituted by Mortgagee to collect the Obligations Indebtedness or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Sources: Intercompany Note (Essex Group Inc)
Extension, Release, etc. (a) Without affecting the lien Lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Secured Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged PropertyProperty in accordance with, (v) take or release and subject to, Section 9.20 of the Credit Agreement. If at any other or additional security for time this Mortgage shall secure less than all of the principal amount of the Secured Obligations, it is expressly agreed that any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation theretorepayments of the principal amount of the Secured Obligations shall not reduce the amount of the Lien of this Mortgage until the Lien amount shall equal the principal amount of the Secured Obligations outstanding.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by Lien of this Mortgage or any liensLiens, rights, powers or remedies of Mortgagee hereunder, and such liensLiens, rights, powers and remedies shall continue unimpairedunimpaired until the Secured Obligations (other than unasserted contingent indemnification Obligations) are fully paid.12 12 PDF Form Mortgage contains the following different language: “...remedies shall continue unimpaired until this Mortgage is terminated andor released in accordance with Section 39.”
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by Lien of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Secured Obligations or to foreclose the lien created by Lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entityPerson, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s 's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not operate to release the lien or security title of this Mortgage until the Indebtedness has been paid in full.
(b) No recovery of any judgment by Mortgagee ▇▇▇▇▇▇▇▇▇ and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by or security title of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, security title, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by and security title of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor ▇▇▇▇▇▇▇▇▇ as a defense to any proceeding instituted by Mortgagee to collect the Obligations Indebtedness or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entityPerson, this Mortgage shall not merge in such title but shall continue as a valid lien and security title on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Sources: Deed to Secure Debt (Harland Financial Solutions, Inc.)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee may, to the extent permitted elsewhere under the Loan Documents, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this MortgageMortgage or to direct a power of sale, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage (or direct the sale of the Mortgaged Property, as the case may be) subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Sources: Mortgage, Security Agreement, Assignment of Leases and Rents, and Fixture Filing (Daramic, LLC)
Extension, Release, etc. (a) Without affecting the lien encumbrance or charge created by of this Mortgage Deed of Trust upon any portion of the Mortgaged Trust Property not then or theretofore released as security for the full amount of the Note Obligations, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsNote Obligations, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Note Obligations or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s Beneficiary's option any parcel, portion or all of the Mortgaged Trust Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Deed of Trust shall secure less than all of the Note Obligations, it is expressly agreed that any repayments of the Note Obligations shall not reduce the amount of the encumbrance of this Deed of Trust until the encumbrance amount shall equal the principal amount of the Note Obligations outstanding.
(b) No recovery of any judgment by Mortgagee the Controlling Collateral Agent and no levy of an execution under any judgment upon the Mortgaged Trust Property or upon any other property of Mortgagor Grantor shall affect the lien created by encumbrance of this Mortgage Deed of Trust or any liens, rights, powers or remedies of Mortgagee the Controlling Collateral Agent, Beneficiary or Trustee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee the Controlling Collateral Agent shall have the right to foreclose this MortgageDeed of Trust or to direct the Trustee to exercise its power of sale, Mortgagor Grantor authorizes Mortgagee the Controlling Collateral Agent at its option to foreclose the lien created by of this Mortgage Deed of Trust (or direct the Trustee to sell the Trust Property, as the case may be) subject to the rights of any tenants of the Mortgaged Trust Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged PropertyTrust Property by Trustee, or to terminate such tenant’s 's rights in such foreclosure sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee the Controlling Collateral Agent or Beneficiary to collect the Note Obligations or to foreclose the lien created by this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s Beneficiary's interest in this Mortgage Deed of Trust and title to the Mortgaged Trust Property or any estate therein shall become vested in the same person or entity, this Mortgage Deed of Trust shall not merge in such title but shall continue as a valid lien charge on the Mortgaged Trust Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsObligations, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Notes or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this MortgageMortgage or to direct a power of sale, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage (or direct the sale of the Mortgaged Property, as the case may be) subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the lien of this New Haven County, CT Mortgage until the lien amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers powers:and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rightsrights will, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations Indebtedness or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in this ownership of this. Mortgage and title to to. the Mortgaged Mortgaged. Property or any estate therein shall become vested in the same person or entityPerson, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.,
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage Deed upon any portion of the Mortgaged Subject Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee Grantee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s Grantee's option any parcel, portion or all of the Mortgaged Subject Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Deed shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the lien of this Deed until the lien amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee Grantee and no levy of an execution under any judgment upon the Mortgaged Subject Property or upon any other property of Mortgagor Grantor shall affect the lien created estate granted by this Mortgage Deed or any liens, rights, powers or remedies of Mortgagee Grantee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee Grantee shall have the right to foreclose exercise the rights granted herein (including, without limitation, exercise of the power of sale or foreclosure of this MortgageDeed as a mortgage), Mortgagor Grantor authorizes Mortgagee Grantee at its option to sell the Subject Property or to foreclose the lien created by of this Mortgage Deed subject to the rights of any tenants of the Mortgaged Subject Property. The failure to make any such tenants parties defendant to any such foreclosure sale or proceeding and to foreclose extinguish their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Grantee to collect the Obligations Indebtedness or to foreclose the lien created by of this MortgageDeed.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage Deed and title to the Mortgaged Subject Property or any estate therein shall become vested in the same person or entity, this Mortgage Deed shall not merge in such title but shall continue as a valid lien on the Mortgaged Subject Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Credit Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Credit Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s 's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this MortgageMortgage or to direct a power of sale, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage (or direct the sale of the Mortgaged Property, as the case may be) subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged Property, or to terminate such tenant’s 's rights in such foreclosure sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this MortgageMortgage or to direct a power of sale, to the extent permitted by applicable law, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage (or direct the sale of the Mortgaged Property, as the case may be) subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien lien,or charge created by of this Mortgage Deed of Trust upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at MortgageeBeneficiary’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Deed of Trust shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the lien of this Deed of Trust until the lien amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee Beneficiary and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor Trustor shall affect the lien created by of this Mortgage Deed of Trust or any liens, rights, powers or remedies of Mortgagee Beneficiary hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee Beneficiary shall have the right to foreclose this MortgageDeed of Trust, Mortgagor Trustor authorizes Mortgagee Beneficiary at its option to foreclose the lien created by of this Mortgage Deed of Trust subject to the rights of any tenants of the Mortgaged PropertyPremises. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor Trustor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Obligations Indebtedness or to foreclose the lien created of this Deed of Trust hereby or to collect any deficiency remaining unpaid after the foreclosure sale of the Mortgaged Property. Unless otherwise agreed by Beneficiary in writing, all leases and tenancies of the Premises executed subsequent to the date hereof, or any part thereof, shall be subordinate and inferior to the lien of this MortgageDeed of Trust, but superior to any other lien on the Premises and shall contain an attornment provision pursuant to which the tenant agrees to attorn to the successful bidder at the foreclosure sale of this Deed of Trust at the option of such San Diego County, CA successful bidder. Additionally, from time to time Beneficiary may execute and record among the land records of the jurisdiction where this Deed of Trust is recorded, subordination statements with respect to such of said leases as Beneficiary may designate, whereby the leases so designated by Beneficiary will be made superior to the lien of this Deed of Trust. From and after the recordation of such subordination statements, the leases therein referred to shall be superior to the lien of this Deed of Trust and shall not be affected by any foreclosure hereof. All such leases and tenancies shall contain a provision to the effect that the tenant recognizes the right of Beneficiary to effect such subordination of this Deed of Trust and consents thereto. Further, all such leases and tenancies shall contain a provision obligating the tenant to attorn to the Beneficiary or the successful bidder at a foreclosure sale following such foreclosure sale.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage Deed of Trust and title to the Mortgaged Property or any estate therein shall become vested in the same person or entityPerson, this Mortgage Deed of Trust shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s 's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations Indebtedness or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entityPerson, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms terns of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations Indebtedness or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entityPerson, this Mortgage shall not merge in such title but shall continue continuo as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage Deed of Trust upon any portion of the Mortgaged Trust Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee Beneficiary may, to the extent permitted elsewhere under the Loan Documents, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at MortgageeBeneficiary’s option any parcel, portion or all of the Mortgaged Trust Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) No recovery of any judgment by Mortgagee Beneficiary and no levy of an execution under any judgment upon the Mortgaged Trust Property or upon any other property of Mortgagor Grantor shall affect the lien created by of this Mortgage Deed of Trust or any liens, rights, powers or remedies of Mortgagee Beneficiary hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee Beneficiary shall have the right to foreclose this MortgageDeed of Trust or to direct the Trustee to exercise its power of sale, Mortgagor Grantor authorizes Mortgagee Beneficiary at its option to foreclose the lien created by of this Mortgage Deed of Trust (or direct the Trustee to sell the Trust Property, as the case may be) subject to the rights of any tenants of the Mortgaged Trust Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged PropertyTrust Property by Trustee, or to terminate such tenant’s rights in such foreclosure sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Obligations or to foreclose the lien created by of this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage Deed of Trust and title to the Mortgaged Trust Property or any estate therein shall become vested in the same person or entity, this Mortgage Deed of Trust shall not merge in such title but shall continue as a valid lien on the Mortgaged Trust Property for the amount secured hereby.
Appears in 1 contract
Sources: Deed of Trust (Daramic, LLC)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsGuarantee and Collateral Agreement, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Guarantee and Collateral Agreement or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s 's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage shall secure less than all of the principal amount of the Obligations, it is expressly agreed that any repayments of the principal amount of the Obligations shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Obligations outstanding.
(b) No recovery of any judgment by Mortgagee ▇▇▇▇▇▇▇▇▇ and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, the Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Agreement and the other Loan Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Agreement and the other Loan Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at the Mortgagee’s 's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) No recovery of any judgment by the Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of the Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of the Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If the Mortgagee shall have the right to foreclose this MortgageMortgage or to direct a power of sale, the Mortgagor authorizes the Mortgagee at its option to foreclose the lien created by of this Mortgage (or direct the sale of the Mortgaged Property, as the case may be) subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged Property, or to terminate such tenant’s 's rights in such foreclosure sale will not be asserted by the Mortgagor as a defense to any proceeding instituted by the Mortgagee to collect the Obligations or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, ; this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien liens or charge created by charges of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Secured Obligations, the Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Transaction Documents, (ii) extend the maturity 509265-1725-11432-13209999 or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Transaction Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at the Mortgagee’s 's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) No recovery of any judgment by the Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of the Mortgagor shall affect the lien created by liens of this Mortgage or any liens, rights, powers or remedies of the Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If the Mortgagee shall have the right to foreclose this MortgageMortgage or to direct a power of sale, the Mortgagor authorizes the Mortgagee at its option to foreclose the lien created by liens of this Mortgage (or direct the sale of the Mortgaged Property, as the case may be) subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged Property, or to terminate such tenant’s 's rights in such foreclosure sale will not be asserted by the Mortgagor as a defense to any proceeding instituted by the Mortgagee to collect the Secured Obligations or to foreclose the lien created by liens of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien liens on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien encumbrance ------------------------ or charge created by of this Mortgage Deed of Trust upon any portion of the Mortgaged Trust Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s Beneficiary's option any parcel, portion or all of the Mortgaged Trust Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Deed of Trust shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the encumbrance of this Deed of Trust until the encumbrance amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee Beneficiary and no levy of an execution under any judgment upon the Mortgaged Trust Property or upon any other property of Mortgagor Grantor shall affect the lien created by encumbrance of this Mortgage Deed of Trust or any liens, rights, powers or remedies of Mortgagee Beneficiary or Trustee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee Beneficiary shall have the right to foreclose this MortgageDeed of Trust or to direct the Trustee to exercise its power of sale, Mortgagor Grantor authorizes Mortgagee Beneficiary at its option to foreclose the lien created by of this Mortgage Deed of Trust (or direct the Trustee to sell the Trust Property, as the case may be) subject to the rights of any tenants of the Mortgaged Trust Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged PropertyTrust Property by Trustee, or to terminate such tenant’s 's rights in such foreclosure sale, will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Obligations Indebtedness or to foreclose the lien created by this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s Beneficiary's interest in this Mortgage Deed of Trust and title to the Mortgaged Trust Property or any estate therein shall become vested in the same person or entity, this Mortgage Deed of Trust shall not merge in such title but shall continue as a valid lien charge on the Mortgaged Trust Property for the amount secured hereby.
Appears in 1 contract
Sources: Participation Agreement (Paragon Health Network Inc)
Extension, Release, etc. (a) Without affecting the lien or charge created by this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee may, from time to time and without noticenotice (but subject to the terms of the Credit Agreement (including, without limitation, Section 11.2 thereof), agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) . • No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) . • If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by this Mortgage subject to the rights of any tenants of the Mortgaged Property, to the extent permitted by applicable law. The To the extent permitted by applicable law, the failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations or to foreclose the lien created by this Mortgage.
(d) . • Unless expressly provided otherwise, in the event that Mortgagee’s interest in this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien encumbrance ------------------------ or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s 's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the encumbrance of this Mortgage until the encumbrance amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by encumbrance of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged PropertyProperty by Mortgagee, or to terminate such tenant’s 's rights in such foreclosure sale, will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations Indebtedness or to foreclose the lien created by this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s 's interest in this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien charge on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Sources: Participation Agreement (Paragon Health Network Inc)
Extension, Release, etc. (a) Without affecting the lien liens or charge created by charges of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Secured Obligations, the Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Transaction Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Transaction Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at the Mortgagee’s 's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) No recovery of any judgment by the Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of the Mortgagor shall affect the lien created by liens of this Mortgage or any liens, rights, powers or remedies of the Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.. 509265-1725-11432-13209999
(c) If the Mortgagee shall have the right to foreclose this MortgageMortgage or to direct a power of sale, the Mortgagor authorizes the Mortgagee at its option to foreclose the lien created by liens of this Mortgage (or direct the sale of the Mortgaged Property, as the case may be) subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged Property, or to terminate such tenant’s 's rights in such foreclosure sale will not be asserted by the Mortgagor as a defense to any proceeding instituted by the Mortgagee to collect the Secured Obligations or to foreclose the lien created by liens of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien liens on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Sources: Revolving Credit Agreement (General Motors Financial Company, Inc.)
Extension, Release, etc. (a) Without affecting the lien or ----------------------- charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconveyrelease, or cause to be released or reconveyed released, at any time at Mortgagee’s 's option any parcel, portion or all of the Mortgaged PropertyProperty from the lien of this Mortgage, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements principal with debtors in relation thereto. If at any time this Mortgage shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations Indebtedness or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Sources: Mortgage and Security Agreement (V I Technologies Inc)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s 's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(ba) No recovery of any judgment by Mortgagee or any other Secured Party and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(cb) If Mortgagee shall have the right to foreclose this MortgageMortgage or to direct a power of sale, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage (or direct the sale of the Mortgaged Property, as the case may be) subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations or to foreclose the lien created by this Mortgage.
(dc) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage Deed of Trust upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s Beneficiary's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Deed of Trust shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the lien of this Deed of Trust until the lien amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee Beneficiary and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor Trustor shall affect the lien created by of this Mortgage Deed of Trust or any liens, rights, powers or remedies of Mortgagee Beneficiary hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee Beneficiary shall have the right to foreclose this MortgageDeed of Trust, Mortgagor Trustor authorizes Mortgagee Beneficiary at its option to foreclose the lien created by of this Mortgage Deed of Trust subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor Trustor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Obligations Indebtedness or to foreclose the lien created by of this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage Deed of Trust and title to the Mortgaged Property or any estate therein shall become vested in the same person or entityPerson, this Mortgage Deed of Trust shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the 19 44 maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s 's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the encumbrance of this Mortgage until the encumbrance amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by encumbrance of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations Indebtedness or to foreclose the lien created by this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien charge on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Sources: Mortgage, Assignment of Rent & Security Agreement (Day International Group Inc)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, the Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsObligations, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Obligations or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at the Mortgagee’s 's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage shall secure less than all of the principal amount of the Obligations, it is expressly agreed that any repayments of the principal amount of the Obligations shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Obligations outstanding.
(b) No recovery of any judgment by the Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of the Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of the Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If the Mortgagee shall have the right to foreclose this Mortgage, the Mortgagor authorizes the Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by the Mortgagor as a defense to any proceeding instituted by the Mortgagee to collect the Obligations or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Sources: Mortgage (Edison Mission Finance Co)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage Deed of Trust upon any portion of the Mortgaged Trust Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsObligations, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Obligations or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at MortgageeBeneficiary’s option any parcel, portion or all of the Mortgaged Trust Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Deed of Trust shall secure less than all of the principal amount of the Obligations, it is expressly agreed that any repayments of the principal amount of the Obligations shall not reduce the amount of the lien created by this Deed of Trust until the lien amount shall equal the principal amount of the Obligations outstanding.
(b) No recovery of any judgment by Mortgagee Beneficiary and no levy of an execution under any judgment upon the Mortgaged Trust Property or upon any other property of Mortgagor Grantor shall affect the lien created by this Mortgage Deed of Trust or any liens, rights, powers or remedies of Mortgagee Beneficiary or Trustee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee Beneficiary shall have the right to foreclose this MortgageDeed of Trust or to direct the Trustee to exercise its power of sale, Mortgagor Grantor authorizes Mortgagee Beneficiary at its option to foreclose the lien created by of this Mortgage Deed of Trust (or direct the Trustee to sell the Trust Property, as the case may be) subject to the rights of any tenants of the Mortgaged Trust Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged PropertyTrust Property by Trustee, or to terminate such tenant’s rights in such foreclosure sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Obligations or to foreclose the lien created by this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that MortgageeBeneficiary’s interest in this Mortgage Deed of Trust and title to the Mortgaged Trust Property or any estate therein shall become vested in the same person or entity, this Mortgage Deed of Trust shall not merge in such title but shall continue as a valid lien on the Mortgaged Trust Property for the amount secured hereby.
Appears in 1 contract
Sources: Deed of Trust, Security Agreement and Assignment of Leases and Rents (Bush Industries Inc)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage Deed upon any portion of the Mortgaged Secured Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee Grantee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at MortgageeGrantee’s option any parcel, portion or all of the Mortgaged Secured Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) No recovery of any judgment by Mortgagee Grantee and no levy of an execution under any judgment upon the Mortgaged Secured Property or upon any other property of Mortgagor Grantor shall affect the lien created by of this Mortgage Deed or any liens, rights, powers or remedies of Mortgagee Grantee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee Grantee shall have the right to foreclose this MortgageDeed or to exercise its power of sale, Mortgagor Grantor authorizes Mortgagee Grantee at its option to foreclose the lien created by of this Mortgage Deed or to sell the Secured Property, as the case may be, subject to the rights of any tenants of the Mortgaged Secured Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged Secured Property, or to terminate such tenant’s rights in such foreclosure sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Grantee to collect the Obligations or to foreclose the lien created by of this MortgageDeed.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage Deed and title to the Mortgaged Secured Property or any estate therein shall become vested in the same person or entity, this Mortgage Deed shall not merge in such title but shall continue as a valid lien on the Mortgaged Secured Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien of this Deed of Trust upon or charge created by security title of this Mortgage upon Deed of Trust to any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at MortgageeBeneficiary’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) No recovery of any judgment by Mortgagee Beneficiary and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor Grantor shall affect the lien created by and security title of this Mortgage Deed of Trust or any liens, rights, powers or remedies of Mortgagee Beneficiary hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee Beneficiary shall have the right to foreclose this MortgageDeed of Trust or to direct the Trustee to foreclose or exercise its power of sale, Mortgagor Grantor authorizes Mortgagee Beneficiary at its option to foreclose the lien created by and security title of this Mortgage Deed of Trust (or direct the Trustee to sell the Mortgaged Property, as the case may be) subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure or other enforcement proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure sale, will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Obligations or to foreclose the lien created by and security title of this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that MortgageeBeneficiary’s interest in this Mortgage Deed of Trust and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage Deed of Trust shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Sources: Credit Agreement (Health Management Associates Inc)
Extension, Release, etc.
(a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed reconveyed, at any time at Mortgagee’s option option, any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) . If at any time this Mortgage shall secure less than all of the principal amount of the Obligations, it is expressly agreed that any repayments of the principal amount of the Obligations shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Obligations outstanding. No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired..
(cb) If Mortgagee shall have the right to foreclose this MortgageMortgage or to exercise its power of sale, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties to or defendant to in any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged PropertyProperty by Mortgagee, or to terminate such tenant’s rights in such foreclosure sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations or to foreclose the lien created by this Mortgage..
(dc) Unless expressly provided otherwise, in the event that Mortgagee’s interest in this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby..
Appears in 1 contract
Sources: Credit Agreement (Peak Resorts Inc)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed reconveyed, at any time at Mortgagee’s 's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations Indebtedness or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien Lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Secured Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged PropertyProperty in accordance with, (v) take or release and subject to, Section 9.10 of the Credit Agreement. If at any other or additional security for time this Mortgage shall secure less than all of the principal amount of the Secured Obligations, it is expressly agreed that any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation theretorepayments of the principal amount of the Secured Obligations shall not reduce the amount of the Lien of this Mortgage until the Lien amount shall equal the principal amount of the Secured Obligations outstanding.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by Lien of this Mortgage or any liensLiens, rights, powers or remedies of Mortgagee hereunder, and such liensLiens, rights, powers and remedies shall continue unimpairedunimpaired until the Secured Obligations (other than unasserted contingent indemnification Obligations) are fully paid.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by Lien of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Secured Obligations or to foreclose the lien created by Lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entityPerson, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Sources: Credit Agreement (Supervalu Inc)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed Indebtedness or guaranteed under the Loan DocumentsNote Indebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed Indebtedness or guaranteed under the Loan Documents Note Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s 's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations Indebtedness or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Sources: Mortgage (Astrex Inc)
Extension, Release, etc. (a) Without affecting the lien encumbrance or charge created by of this Mortgage Deed of Trust upon any portion of the Mortgaged Trust Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release 173 19 any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s Beneficiary's option any parcel, portion or all of the Mortgaged Trust Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Deed of Trust shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the encumbrance of this Deed of Trust until the encumbrance amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee Beneficiary and no levy of an execution under any judgment upon the Mortgaged Trust Property or upon any other property of Mortgagor Grantor shall affect the lien created by encumbrance of this Mortgage Deed of Trust or any liens, rights, powers or remedies of Mortgagee Beneficiary or Trustee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee Beneficiary shall have the right to foreclose this MortgageDeed of Trust or to direct the Trustee to exercise its power of sale, Mortgagor Grantor authorizes Mortgagee Beneficiary at its option to foreclose the lien created by of this Mortgage Deed of Trust (or direct the Trustee to sell the Trust Property, as the case may be) subject to the rights of any tenants of the Mortgaged Trust Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged PropertyTrust Property by Trustee, or to terminate such tenant’s 's rights in such foreclosure sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Obligations Indebtedness or to foreclose the lien created by this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s Beneficiary's interest in this Mortgage Deed of Trust and title to the Mortgaged Trust Property or any estate therein shall become vested in the same person or entity, this Mortgage Deed of Trust shall not merge in such title but shall continue as a valid lien charge on the Mortgaged Trust Property for the amount secured hereby.
Appears in 1 contract
Sources: Credit Agreement (Campfire Inc)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this MortgageMortgage or to direct a power of sale, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage (or direct the sale of the Mortgaged Property, as the case may be) subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien liens or charge created by charges of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Secured Obligations, the Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Transaction Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Transaction Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at the Mortgagee’s 's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) No recovery of any judgment by the Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of the Mortgagor shall affect the lien created by liens of this Mortgage or any liens, rights, powers or remedies of the Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If the Mortgagee shall have the right to foreclose this MortgageMortgage or to direct a power of sale, the Mortgagor authorizes the Mortgagee at its option to foreclose the lien created by liens of this Mortgage (or direct the sale of the Mortgaged Property, as the case may be) subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose 509265-1725-14564-13386715 7 their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged Property, or to terminate such tenant’s 's rights in such foreclosure sale will not be asserted by the Mortgagor as a defense to any proceeding instituted by the Mortgagee to collect the Secured Obligations or to foreclose the lien created by liens of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien liens on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, the Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsObligations, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Obligations or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at the Mortgagee’s 's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) No recovery . If at any time this Mortgage shall secure less than all of the principal amount of the Obligations, it is expressly agreed that any judgment by Mortgagee and no levy repayments of an execution under the principal amount of the Obligations shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Obligations outstanding. form reasonably satisfactory to the Mortgagee, covering all or any judgment upon part of the Mortgaged Property and will further execute, acknowledge and deliver, or upon cause to be executed, acknowledged and delivered, any financing statement, affidavit, continuation statement or certificate or other property document as the Mortgagee may reasonably request in order to perfect, preserve, maintain, continue or extend the security interest under and the priority of this Mortgage and such security instrument. The Mortgagor further agrees to pay to the Mortgagee on demand all costs and expenses incurred by the Mortgagee in connection with the preparation, execution, recording, filing and re-filing of any such document and all reasonable costs and expenses of any record searches for financing statements the Mortgagee shall reasonably require. If the Mortgagor shall affect fail to furnish any financing or continuation statement within 10 days after written request by the lien created Mortgagee, then pursuant to the provisions of the Code, the Mortgagor hereby authorizes the Mortgagee, without the signature of the Mortgagor, to execute and file any such financing and continuation statements. The filing of any financing or continuation statements in the records relating to personal property or chattels shall not be construed as in any way impairing the right of the Mortgagee to proceed against any personal property encumbered by this Mortgage or any liensas real property, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpairedas set forth above.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations or to foreclose the lien created by this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Sources: Mortgage (Edison Mission Finance Co)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage Deed of Trust upon any portion of the Mortgaged Collateral Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgencesindulgenees, (iv) release or reconvey, or cause to be released or reconveyed at any time at MortgageeBeneficiary’s option any parcel, portion or all of the Mortgaged Collateral Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Deed of Trust shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the lien of this Denver County, Co. Deed of Trust until the lien amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee Beneficiary and no levy of an execution under any judgment upon the Mortgaged Collateral Property or upon any other property of Mortgagor Grantor shall affect the lien created by of this Mortgage Deed of Trust or any liens, rights, powers or remedies of Mortgagee hereunderBeneficiary hereturder, and such liens, rights, powers and remedies shall continue continue, unimpaired.
(c) If Mortgagee Beneficiary shall have the right to foreclose this MortgageDeed of Trust judicially or through Trustee, Mortgagor Grantor authorizes Mortgagee Beneficiary at its option to direct Trustee to foreclose the lien created by of this Mortgage Deed of Trust subject to the rights of any tenants of the Mortgaged Collateral Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Obligations Indebtedness or by Beneficiary or Trustee to foreclose the lien created by of this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage Deed of Trust and title to the Mortgaged Collateral Property or any estate therein shall become vested in the same person or entityPerson, this Mortgage Deed of Trust shall not merge in such title but shall continue as a valid lien on the Mortgaged Collateral Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, the Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsCollateral Agreements, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Collateral Agreements or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at the Mortgagee’s 's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) No recovery of any judgment by the Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of the Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of the Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If the Mortgagee shall have the right to foreclose this MortgageMortgage or to direct a power of sale, the Mortgagor authorizes the Mortgagee at its option to foreclose the lien created by of this Mortgage (or direct the sale of the Mortgaged Property, as the case may be) subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged Property, or to terminate such tenant’s 's rights in such foreclosure sale will not be asserted by the Mortgagor as a defense to any proceeding instituted by the Mortgagee to collect the Obligations or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage Deed of Trust upon any portion of the Mortgaged Trust Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s Beneficiary's option any parcel, portion or all of the Mortgaged Trust Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Deed of Trust shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the lien of this Deed of Trust until the lien amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee Beneficiary and no levy of an execution under any judgment upon the Mortgaged Trust Property or upon any other property of Mortgagor Grantor shall affect the lien created by of this Mortgage Deed of Trust or any liens, rights, powers or remedies of Mortgagee Beneficiary hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee Beneficiary shall have the right to foreclose this MortgageDeed of Trust (or direct the Trustee to sell the Trust Property, Mortgagor as the case may be), Grantor authorizes Mortgagee Beneficiary at its option to foreclose the lien created by of this Mortgage Deed of Trust subject to the rights of any tenants of the Mortgaged Trust Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Obligations Indebtedness or to foreclose the lien created by of this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage Deed of Trust and title to the Mortgaged Trust Property or any estate therein shall become vested in the same person or entity, this Mortgage Deed of Trust shall not merge in such title but shall continue as a valid lien on the Mortgaged Trust Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien encumbrance or charge created by of this Mortgage Deed of Trust upon any portion of the Mortgaged Trust Property not then or theretofore released as security for the full amount of the Noteholder Secured Obligations, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsNoteholder Secured Obligations, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at MortgageeBeneficiary’s option any parcel, portion or all of the Mortgaged Trust Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Deed of Trust shall secure less than all of the principal amount of the Noteholder Secured Obligations, it is expressly agreed that any repayments of the principal amount of the Noteholder Secured Obligations shall not reduce the amount of the encumbrance of this Deed of Trust until the encumbrance amount shall equal the principal amount of the Noteholder Secured Obligations outstanding.
(b) No recovery of any judgment by Mortgagee Beneficiary and no levy of an execution under any judgment upon the Mortgaged Trust Property or upon any other property of Mortgagor Grantor shall affect the lien created by encumbrance of this Mortgage Deed of Trust or any liens, rights, powers or remedies of Mortgagee Beneficiary or Trustee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee Beneficiary shall have the right to foreclose this MortgageDeed of Trust or to direct the Trustee to exercise its power of sale, Mortgagor Grantor authorizes Mortgagee Beneficiary at its option to foreclose the lien created by of this Mortgage Deed of Trust (or direct the Trustee to sell the Trust Property, as the case may be) subject to the rights of any tenants of the Mortgaged Trust Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged PropertyTrust Property by Trustee, or to terminate such tenant’s rights in such foreclosure sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Noteholder Secured Obligations or to foreclose the lien created by this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that MortgageeBeneficiary’s interest in this Mortgage Deed of Trust and title to the Mortgaged Trust Property or any estate therein shall become vested in the same person or entity, this Mortgage Deed of Trust shall not merge in such title but shall continue as a valid lien charge on the Mortgaged Trust Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien lien, security title, security interest or charge created by of this Mortgage Security Deed upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee the Grantee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Indenture Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Indenture Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s the Grantee's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) No recovery of any judgment by Mortgagee the Grantee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor the Grantor shall affect the lien created by lien, security title or security interest of this Mortgage Security Deed or any liens, rights, powers or remedies of Mortgagee the Grantee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee the Grantee shall have the right to foreclose this MortgageSecurity Deed or to direct a power of sale, Mortgagor the Grantor authorizes Mortgagee the Grantee at its option to foreclose the lien created by lien, security title and security interest of this Mortgage Security Deed (or direct the sale of the Mortgaged Property, as the case may be) subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged Property, or to terminate such tenant’s 's rights in such foreclosure sale will not be asserted by Mortgagor the Grantor as a defense to any proceeding instituted by Mortgagee the Grantee to collect the Obligations or to foreclose the lien created by lien, security title and security interest of this MortgageSecurity Deed.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage Security Deed and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage Security Deed shall not merge in such title but shall continue as a valid lien lien, security title and security interest on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc.
(a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed reconveyed, at any time at Mortgagee’s option option, any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) . If at any time this Mortgage shall secure less than all of the principal amount of the Obligations, it is expressly agreed that any repayments of the principal amount of the Obligations shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Obligations outstanding. No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(cb) If Mortgagee shall have the right to foreclose this MortgageMortgage or to exercise its power of sale, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties to or defendant to in any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged PropertyProperty by Mortgagee, or to terminate such tenant’s rights in such foreclosure sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations or to foreclose the lien created by this Mortgage..
(dc) Unless expressly provided otherwise, in the event that Mortgagee’s interest in this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby..
Appears in 1 contract
Sources: Credit Agreement (Peak Resorts Inc)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s 's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the encumbrance of this Mortgage until the encumbrance amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by encumbrance of this Mortgage or any liens, rights, 22 21 powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations Indebtedness or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Sources: Mortgage (Telex Communications Inc)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsGuarantee and Collateral Agreement, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Guarantee and Collateral Agreement or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s 's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage shall secure less than all of the principal amount of the Obligations, it is expressly agreed that any repayments of the principal amount of the Obligations shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Obligations outstanding.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Sources: Credit Agreement (Campfire Inc)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Indebtedness and the Obligations, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) agree with Trustor to extend the maturity or alter any of the terms of the indebtedness borrowed Indebtedness or guaranteed under the Loan Documents Obligations or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s Beneficiary's option any parcel, portion or all of the Mortgaged Property, (v) agree with Trustor to take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage shall on its face secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee Beneficiary and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor Trustor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee Beneficiary hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee Beneficiary shall have the right to foreclose under this Mortgage, Mortgagor Trustor authorizes Mortgagee Beneficiary, and Trustee, at Beneficiary's direction, at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor Trustor as a defense to any proceeding instituted by Mortgagee Beneficiary, and Trustee, at Beneficiary's direction, to collect the Obligations Indebtedness or to foreclose under the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien or charge created by this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Deed of Trust shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the encumbrance of this Deed of Trust until the encumbrance amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee Beneficiary and no levy of an execution under any judgment upon the Mortgaged Trust Property or upon any other property of Mortgagor Grantor shall affect the lien created by encumbrance of this Mortgage Deed of Trust or any liens, rights, powers or remedies of Mortgagee Beneficiary or Trustee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee Beneficiary shall have the right to foreclose this MortgageDeed of Trust or to direct the Trustee to exercise its power of sale, Mortgagor Grantor authorizes Mortgagee Beneficiary at its option to foreclose the lien created by of this Mortgage Deed of Trust (or direct the Trustee to sell the Trust Property, as the case may be) subject to the rights of any tenants of the Mortgaged Trust Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged PropertyTrust Property by Trustee, or to terminate such tenant’s 's rights in such foreclosure sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Obligations Indebtedness or to foreclose the lien created by this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s Beneficiary's interest in this Mortgage Deed of Trust and title to the Mortgaged Trust Property or any estate therein shall become vested in the same person or entity, this Mortgage Deed of Trust shall not merge in such title but shall continue as a valid lien charge on the Mortgaged Trust Property for the amount secured hereby.
Appears in 1 contract
Sources: Deed of Trust (Ev International Inc)
Extension, Release, etc. (a) Without affecting the lien encumbrance or charge created by of this Mortgage Deed of Trust upon any portion of the Mortgaged Property Trust Property, not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s Beneficiary's option any parcel, portion or all of the Mortgaged Trust Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Deed of Trust shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the encumbrance of this Deed of Trust until the encumbrance amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee Beneficiary and no levy of an execution under any judgment upon the Mortgaged Trust Property or upon any other property of Mortgagor Grantor shall affect the lien created by encumbrance of this Mortgage Deed of Trust or any liens, rights, powers or remedies of Mortgagee Beneficiary or Trustee hereunder, and such liens, rights, rights powers and remedies shall continue unimpaired.
(c) If Mortgagee Beneficiary shall have the right to foreclose this MortgageDeed of Trust or to direct the Trustee to exercise its power of sale, Mortgagor Grantor authorizes Mortgagee Beneficiary at its option to foreclose the lien created by of this Mortgage Deed of Trust (or direct the Trustee to sell the Trust Property, as the case may be) subject to the rights of any tenants of the Mortgaged Trust Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged PropertyTrust Property by Trustee, or to terminate such tenant’s 's rights in such foreclosure sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Obligations Indebtedness or to foreclose the lien created by this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s Beneficiary's interest in this Mortgage Deed of Trust and title to the Mortgaged Trust Property or any estate therein shall become vested in the same person or entity, this Mortgage Deed of Trust shall not merge in such title but shall continue as a valid lien charge on the Mortgaged Trust Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the 19 maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s 's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the encumbrance of this Mortgage until the encumbrance amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by encumbrance of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations Indebtedness or to foreclose the lien created by this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien charge on the Mortgaged Property for the amount secured hereby.
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Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(ba) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(cb) If Mortgagee shall have the right to foreclose this MortgageMortgage or to direct a power of sale, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage (or direct the sale of the Mortgaged Property, as the case may be) subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged Property, Table of Contents or to terminate such tenant’s rights in such foreclosure sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations or to foreclose the lien created by of this Mortgage.
(dc) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
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Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation obligation, herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.. If at any time this Mortgage shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Indebtedness outstanding. Tolland County, CT
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by this of this. Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by this of this. Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations Indebtedness or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entityPerson, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations Indebtedness or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
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Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Secured Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) No recovery of any judgment by Mortgagee ▇▇▇▇▇▇▇▇▇ and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this MortgageMortgage or to direct a Mortgagee to exercise its power of sale, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage (or direct Mortgagee to sell the Mortgaged Property, as the case may be) subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged PropertyProperty by Mortgagee, or to terminate such tenant’s rights in such foreclosure sale, will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Secured Obligations or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
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Sources: Mortgage (Gannett Co., Inc.)
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(ba) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(cb) If Mortgagee shall have the right to foreclose this MortgageMortgage or to direct a power of sale, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Table of Contents Mortgage (or direct the sale of the Mortgaged Property, as the case may be) subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations or to foreclose the lien created by of this Mortgage.
(dc) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien Lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Secured Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged PropertyProperty in accordance with, (v) take or release and subject to, Section 9.20 of the Credit Agreement. [If at any other or additional security for time this Mortgage shall secure less than all of the principal amount of the Secured Obligations, it is expressly agreed that any obligation herein mentionedrepayments of the principal amount of the 22 For leasehold mortgages, or (vi) make compositions or other arrangements with debtors in relation theretochange to “Section 16” to “Section 17.” Secured Obligations shall not reduce the amount of the Lien of this Mortgage until the Lien amount shall equal the principal amount of the Secured Obligations outstanding.]23
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by Lien of this Mortgage or any liensLiens, rights, powers or remedies of Mortgagee hereunder, and such liensLiens, rights, powers and remedies shall continue unimpairedunimpaired until this Mortgage is terminated or released in accordance with Section 39.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by Lien of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Secured Obligations or to foreclose the lien created by Lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entityPerson, this Mortgage shall not merge in such title but shall continue as a valid lien Lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien encumbrance or charge created by of this Mortgage Deed of Trust upon any portion of the Mortgaged Trust Property not then or theretofore released as security for the full amount of the ObligationsIndebtedness, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsIndebtedness, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Indebtedness or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s Beneficiary's option any parcel, portion or all of the Mortgaged Trust Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Deed of Trust shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the principal amount of the Indebtedness shall not reduce the amount of the encumbrance of this Deed of Trust until the encumbrance amount shall equal the principal amount of the Indebtedness outstanding.
(b) No recovery of any judgment by Mortgagee Beneficiary and no levy of an execution under any judgment upon the Mortgaged Trust Property or upon any other property of Mortgagor Grantor shall affect the lien created by encumbrance of this Mortgage Deed of Trust or any liens, rights, powers or 25 24 remedies of Mortgagee Beneficiary or Trustee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee Beneficiary shall have the right to foreclose this MortgageDeed of Trust or to direct the Trustee to exercise its power of sale, Mortgagor Grantor authorizes Mortgagee Beneficiary at its option to foreclose the lien created by of this Mortgage Deed of Trust (or direct the Trustee to sell the Trust Property, as the case may be) subject to the rights of any tenants of the Mortgaged Trust Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged PropertyTrust Property by Trustee, or to terminate such tenant’s 's rights in such foreclosure sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Obligations Indebtedness or to foreclose the lien created by this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s Beneficiary's interest in this Mortgage Deed of Trust and title to the Mortgaged Trust Property or any estate therein shall become vested in the same person or entity, this Mortgage Deed of Trust shall not merge in such title but shall continue as a valid lien charge on the Mortgaged Trust Property for the amount secured hereby.
Appears in 1 contract
Sources: Deed of Trust (Ev International Inc)
Extension, Release, etc. (a) Without affecting the lien or charge created by this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Transaction Documents, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Transaction Documents or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this MortgageMortgage or to direct a power of sale, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by this Mortgage (or direct the sale of the Mortgaged Property, as the case may be) subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged PropertyProperty by Mortgagee, or to terminate such tenant’s rights in such foreclosure sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations or to foreclose the lien created by this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien encumbrance or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan Transaction Documents, (ii) grant other indulgences, (iii) take or release any other or additional security for any other obligation herein mentioned. Without affecting the encumbrance or charge or this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee and Company may agree to (1) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Transaction Documents or any other guaranty thereof, (iii) grant other indulgences, (iv2) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi3) make compositions or other arrangements with debtors in relation theretotherewith.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor Mortgagors shall affect the lien created by encumbrance of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this MortgageMortgage or to exercise its power of sale, Mortgagor Mortgagors authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage (or to sell the Mortgaged Property, as the case may be) subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure sale of the Mortgaged PropertyProperty by Mortgagee, or to terminate such tenant’s rights in such foreclosure sale will not be asserted by Mortgagor Mortgagors as a defense to any proceeding instituted by Mortgagee to collect the Obligations or to foreclose the lien created by of this Mortgage.
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien or charge created by of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the indebtedness borrowed or guaranteed under the Loan DocumentsGuarantee and Collateral Agreement, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Loan Documents Guarantee and Collateral Agreement or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Mortgagee’s 's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage shall secure less than all of the principal amount of the Obligations, it is expressly agreed that any repayments of the principal amount of the Obligations shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Obligations outstanding.
(b) No recovery of any judgment by Mortgagee and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien created by of this Mortgage or any liens, rights, powers or remedies of Mortgagee hereunder, and such liens, rights, powers and remedies shall continue unimpaired.
(c) If Mortgagee shall have the right to foreclose this Mortgage, Mortgagor authorizes Mortgagee at its option to foreclose the lien created by of this Mortgage subject to the rights of any tenants of the Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a foreclosure of the Mortgaged Property, or to terminate such tenant’s rights in such foreclosure will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Obligations or to foreclose the lien created by of this Mortgage.. 330
(d) Unless expressly provided otherwise, in the event that Mortgagee’s interest in ownership of this Mortgage and title to the Mortgaged Property or any estate therein shall become vested in the same person or entity, this Mortgage shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract