Extension, Release, etc. (a) Without affecting the lien or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Indebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 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 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness or to foreclose the lien of this Mortgage. (d) Unless expressly provided otherwise, in the event that 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
Samples: Credit Agreement (Powerhouse Technologies Inc /De), Credit and Guarantee Agreement (Warren S D Co /Pa/), Credit Agreement (Laidlaw Environmental Services Inc)
Extension, Release, etc. (a) Without affecting the lien or charge 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 Indebtedness, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 Mortgage 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 this Mortgage 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 Deed of this Mortgage 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 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 sale of the Trust Property by Trustee, or to terminate such tenant's rights in such sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Indebtedness or to foreclose the lien created by this Deed of this MortgageTrust.
(d) Unless expressly provided otherwise, in the event that ownership Beneficiary's interest in this Deed of this Mortgage 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
Samples: Deed of Trust (Bear Island Finance Co Ii), Credit Agreement (Bear Island Finance Co Ii), Deed of Trust (Bear Island Finance Co Ii)
Extension, Release, etc. (a) Without affecting the lien or charge of created by this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the Indebtedness 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. 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 of 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 of 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 Indebtedness Obligations or to foreclose the lien of created by this Mortgage.
(d) Unless expressly provided otherwise, in the event that ownership of 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
Samples: 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 of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the IndebtednessObligations, (ii) extend the maturity or alter any of the terms of the Indebtedness Obligations or any 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 IndebtednessObligations, it is expressly agreed that any repayments of the principal amount of the Indebtedness Obligations shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Indebtedness 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 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 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness Obligations or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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
Samples: Mortgage, Assignment of Production, Security Agreement, Assignment of Leases and Rents, and Fixture Filing (American Rock Salt Co LLC), Mortgage (American Buildings Co /De/), Credit Agreement (American Buildings Co /De/)
Extension, Release, etc. (a) Without affecting the lien encumbrance or charge 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 Indebtedness, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 Mortgage 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 encumbrance of this Mortgage Deed of Trust until the lien 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 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 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 sale of the Trust Property by Trustee, or to terminate such tenant's rights in such sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Indebtedness or to foreclose the lien this Deed of this MortgageTrust.
(d) Unless expressly provided otherwise, in the event that ownership Beneficiary's interest in this Deed of this Mortgage 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
Samples: 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 of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the Indebtedness 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. 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 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 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 sale of the Mortgaged Property, or to terminate such tenant’s rights in such sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness Obligations or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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
Samples: Credit Agreement (Hertz Corp), Revolving Credit Agreement (Servicemaster Co), Credit Agreement (Servicemaster Co)
Extension, Release, etc. (a) Without affecting the lien or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Indebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 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 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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
Samples: 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 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 Indebtedness, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 Mortgage 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 Mortgage 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 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 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 will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Indebtedness or to foreclose the lien of this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that 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
Samples: 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 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 IndebtednessObligations, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the Indebtedness 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 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 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 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 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 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 sale of the Mortgaged Property, or to terminate such tenant’s rights in such sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Indebtedness Obligations or to foreclose the lien of this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that 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
Samples: Credit Agreement (Hertz Corp), Deed of Trust (Hertz Corp), Deed of Trust (Hertz Corp)
Extension, Release, etc. (a) Without affecting the lien or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the IndebtednessObligations, (ii) extend the maturity or alter any of the terms of the Indebtedness Obligations or any 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 IndebtednessObligations, it is expressly agreed that any repayments of the principal amount of the Indebtedness Obligations shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Indebtedness Obligations outstanding.
(b) No recovery of any judgment by Mortgagee Xxxxxxxxx and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien 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 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness Obligations or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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
Samples: 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 of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Indebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 encumbrance of this Mortgage until the lien 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 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 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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
Samples: 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 of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Indebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 encumbrance of this Mortgage until the lien 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 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 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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
Samples: Mortgage (Day International Group Inc), Mortgage, Assignment of Rent & Security Agreement (Day International Group Inc), Mortgage, Assignment of Rent & Security Agreement (Day International Group Inc)
Extension, Release, etc. (a) Without affecting the lien or charge 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 IndebtednessObligations, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the IndebtednessObligations, (ii) extend the maturity or alter any of the terms of the Indebtedness Obligations or any 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 Mortgage Deed of Trust shall secure less than all of the principal amount of the IndebtednessObligations, it is expressly agreed that any repayments of the principal amount of the Indebtedness Obligations shall not reduce the amount of the lien of this Mortgage Deed of Trust until the lien amount shall equal the principal amount of the Indebtedness 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 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 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 will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Indebtedness Obligations or to foreclose the lien of this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that 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
Samples: Deed of Trust (American Buildings Co /De/), Deed of Trust (American Buildings Co /De/)
Extension, Release, etc. (a) Without affecting the lien or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Indebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 Xxxxxxxxx and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien 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 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 will not be asserted by Mortgagor Xxxxxxxxx as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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
Samples: Mortgage (Harland Financial Solutions, Inc.), Mortgage (Harland Financial Solutions, Inc.)
Extension, Release, etc. (a) Without affecting the lien or charge 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 IndebtednessObligations, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the IndebtednessObligations, (ii) extend the maturity or alter any of the terms of the Indebtedness Obligations or any 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 Mortgage Deed of Trust shall secure less than all of the principal amount of the IndebtednessObligations, it is expressly agreed that any repayments of the principal amount of the Indebtedness Obligations shall not reduce the amount of the lien of this Mortgage Deed of Trust until the lien amount shall equal the principal amount of the Indebtedness Obligations outstanding.
(b) No recovery of any judgment by Mortgagee Xxxxxxxxxxx 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 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 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 will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Indebtedness Obligations or to foreclose the lien of this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that 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
Samples: Deed of Trust (American Buildings Co /De/), Deed of Trust (American Buildings Co /De/)
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 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 Indebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 outstandingObligations.
(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 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 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that ownership Collateral Agent’s interest in this Deed of this Mortgage 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
Samples: 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 of created by this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, 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 Indebtednessindebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the Indebtedness 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. 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 of 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 of 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 Indebtedness Obligations or to foreclose the lien of created by this Mortgage.
(d) Unless expressly provided otherwise, in the event that ownership of 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
Samples: Credit Agreement (Sprague Resources LP), Credit Agreement (Sprague Resources LP)
Extension, Release, etc. (a) Without affecting the lien or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for any portion of the IndebtednessObligations, (ii) extend the maturity or alter any of the terms of the Indebtedness or indebtedness guaranteed under any guaranty thereofof any of the Obligations, (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 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 IndebtednessObligations, it is expressly agreed that any repayments of the principal amount of the Indebtedness Obligations shall not reduce the amount of the lien of encumbrance created by this Mortgage until the lien encumbrance amount shall equal the principal amount of the Indebtedness 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 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 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness Obligations or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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
Samples: Revolving Credit and Security Agreement (Horsehead Holding Corp), Indenture (Horsehead Holding Corp)
Extension, Release, etc. (a) Without affecting the lien or charge 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 Indebtedness, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 Mortgage 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 encumbrance of this Mortgage Deed of Trust until the lien 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 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 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 will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Indebtedness or to foreclose the lien this Deed of this MortgageTrust.
(d) Unless expressly provided otherwise, in the event that 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
Samples: 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 of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Indebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 encumbrance of this Mortgage until the lien 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 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 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 sale of the Mortgaged Property by Mortgagee, or to terminate such tenant's rights in such sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that ownership of 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 charge on the Mortgaged Property for the amount secured hereby.
Appears in 2 contracts
Samples: 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 lien, charge or charge priority of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the IndebtednessObligations, (ii) extend the maturity or alter any of the terms of the Indebtedness indebtedness evidenced by the Credit Agreement and the other Loan Documents and guaranteed under the 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 ’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 IndebtednessObligations, it is expressly agreed that any repayments of the principal amount of the Indebtedness Obligations shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Indebtedness 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 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 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness Obligations or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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
Samples: Asset Based Revolving Credit Agreement (Roundy's, Inc.), Term Loan Credit Agreement (Roundy's, Inc.)
Extension, Release, etc. (a) Without affecting the lien or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, 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 Indebtednessindebtedness borrowed or guaranteed under the Credit Facility Documents or the Additional Debt Documents, (ii) extend the maturity or alter any of the terms of the Indebtedness indebtedness borrowed or guaranteed under the 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 ’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 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 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 sale of the Mortgaged Property, or to terminate such tenant's rights in such sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness Obligations or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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
Samples: 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 of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the Indebtedness 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 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 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 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 sale of the Mortgaged Property, or to terminate such tenant's rights in such sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness Obligations or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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
Samples: 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 of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Indebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 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 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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
Samples: Credit Agreement (Paperweight Development Corp), Credit Agreement (Appleton Papers Inc/Wi)
Extension, Release, etc. (a) Without affecting the lien or charge 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 IndebtednessObligations, 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 Indebtednessindebtedness borrowed or guaranteed under the Loan Documents or any other obligation secured by this Deed of Trust, (ii) extend the maturity or alter any of the terms of the Indebtedness 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 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 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 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 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 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 sale of the Trust Property by Trustee, or to terminate such tenant’s rights in such sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Indebtedness Obligations or to foreclose the lien of this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that 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
Samples: Revolving Facility Credit Agreement (Fender Musical Instruments Corp), Term Facility Credit Agreement (Fender Musical Instruments Corp)
Extension, Release, etc. (a) Without affecting the lien Lien or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessSecured Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 any other or additional security for any obligation herein mentionedand subject to, or (vi) make compositions or other arrangements with debtors in relation theretoSection 9.10 of the Credit Agreement. If at any time this Mortgage shall secure less than all of the principal amount of the IndebtednessSecured Obligations, it is expressly agreed that any repayments of the principal amount of the Indebtedness Secured Obligations shall not reduce the amount of the lien Lien of this Mortgage until the lien Lien amount shall equal the principal amount of the Indebtedness 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 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 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness Secured Obligations or to foreclose the lien Lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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
Samples: Credit Agreement (Supervalu Inc)
Extension, Release, etc. (a) Without affecting the lien or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Indebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness or the Note Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or the Note Indebtedness or any 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 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 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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
Samples: Mortgage (Astrex Inc)
Extension, Release, etc. (a) Without affecting the lien or charge 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 Indebtedness, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 Mortgage 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 Mortgage 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 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 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 will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Indebtedness or to foreclose the lien of this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that 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 this Deed of this Mortgage Trust upon any portion of the Mortgaged Trust Property not then or theretofore released as security for the full amount of the IndebtednessObligations, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the Indebtedness 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 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 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 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 Deed of this Mortgage 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 Deed of this Mortgage 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 sale of the Trust Property by Trustee, or to terminate such tenant’s rights in such sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Indebtedness Obligations or to foreclose the lien created by this Deed of this MortgageTrust.
(d) Unless expressly provided otherwise, in the event that ownership Beneficiary’s interest in this Deed of this Mortgage 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 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 IndebtednessObligations, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness borrowed or guaranteed under the Credit Documents, (ii) extend the maturity or alter any of the terms of the Indebtedness indebtedness borrowed or guaranteed under the 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 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 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 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 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 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 proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a sale of the Mortgaged Property, or to terminate such tenant’s rights in such sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Indebtedness Obligations or to foreclose the lien of this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that ownership Beneficiary’s interest in this Deed of this Mortgage 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
Samples: Credit Agreement (Energy Future Intermediate Holding CO LLC)
Extension, Release, etc. (a) Without affecting the lien or charge of this Mortgage Deed upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Indebtedness, Mortgagee Grantee may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 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 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 Mortgage 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 Property or upon any other property of Mortgagor Grantor shall affect the lien 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, Mortgagor Grantor authorizes Mortgagee Grantee at its option option, to the fullest extent permitted by applicable law, to foreclose the lien of this Mortgage Deed 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 will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Grantee to collect the Indebtedness or to foreclose the lien of this MortgageDeed.
(d) Unless expressly provided otherwise, in the event that ownership of this Mortgage Deed and title to the Mortgaged Property or any estate therein shall become vested in the same person or entityPerson, this Mortgage Deed 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 charges of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessSecured Obligations, the Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness borrowed or guaranteed under the Transaction Documents, (ii) extend the maturity or alter any of the terms of the Indebtedness indebtedness borrowed or guaranteed under the 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. 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 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 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 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 sale of the Mortgaged Property, or to terminate such tenant’s rights in such sale will not be asserted by the Mortgagor as a defense to any proceeding instituted by the Mortgagee to collect the Indebtedness Secured Obligations or to foreclose the lien liens of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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
Samples: Credit Agreement (General Motors Co)
Extension, Release, etc.
(a) Without affecting the lien or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the Indebtedness 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 ’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 IndebtednessObligations, it is expressly agreed that any repayments of the principal amount of the Indebtedness Obligations shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Indebtedness 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 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 of 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 sale of the Mortgaged Property by Mortgagee, or to terminate such tenant’s rights in such sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness Obligations or to foreclose the lien of created by this Mortgage..
(dc) Unless expressly provided otherwise, in the event that ownership of 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
Samples: Credit Agreement (Peak Resorts Inc)
Extension, Release, etc. (a) Without affecting the lien encumbrance or charge 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 IndebtednessTerm Loan Secured Obligations, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the IndebtednessTerm Loan Secured Obligations, (ii) extend the maturity or alter any of the terms of the Indebtedness indebtedness or any 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 Mortgage Deed of Trust shall secure less than all of the principal amount of the IndebtednessTerm Loan Secured Obligations, it is expressly agreed that any repayments of the principal amount of the Indebtedness Term Loan Secured Obligations shall not reduce the amount of the lien encumbrance of this Mortgage Deed of Trust until the lien encumbrance amount shall equal the principal amount of the Indebtedness Term Loan 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 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 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 sale of the Trust Property by Trustee, or to terminate such tenant’s rights in such sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Indebtedness Term Loan Secured Obligations or to foreclose the lien this Deed of this MortgageTrust.
(d) Unless expressly provided otherwise, in the event that ownership Beneficiary’s interest in this Deed of this Mortgage 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 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 Indebtedness, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 Mortgage 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 encumbrance of this Mortgage Deed of Trust until the lien 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 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 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 sale of the Trust Property by Trustee, or to terminate such tenant's rights in such sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Indebtedness or to foreclose the lien this Deed of this MortgageTrust.
(d) Unless expressly provided otherwise, in the event that ownership Beneficiary's interest in this Deed of this Mortgage 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 of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessIndebtedness and the Obligations, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) agree with Trustor to extend the maturity or alter any of the terms of the Indebtedness or the Obligations or any 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) 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 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 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 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 Indebtedness or to foreclose under the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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 of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, 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 Indebtednessindebtedness borrowed or guaranteed under the Loan Documents or any other obligation secured by this Mortgage, (ii) extend the maturity or alter any of the terms of the Indebtedness 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 ’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 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 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 sale of the Mortgaged Property, or to terminate such tenant’s rights in such sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness Obligations or to foreclose the lien of this Mortgage.
(d) . Unless expressly provided otherwise, in the event that 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 of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Indebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 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 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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 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 or charge 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 IndebtednessObligations, 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 Indebtednessindebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the Indebtedness 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 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 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 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 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 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 sale of the Trust Property by Trustee, or to terminate such tenant’s rights in such sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Indebtedness Obligations or to foreclose the lien of this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that 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
Samples: Deed of Trust (Daramic, LLC)
Extension, Release, etc. (a) Without affecting the lien or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Indebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 Mortgage: shall secure less than all of the principal amount of the Indebtedness, it is expressly agreed that any repayments of the 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 Mortgaged. Property or upon any other property of Mortgagor shall affect the lien 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 of this Mortgage subject to the rights of any tenants of the the. Mortgaged Property. The failure to make any such tenants parties defendant to any such foreclosure proceeding and to foreclose their rights will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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 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 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 IndebtednessNoteholder Secured Obligations, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the IndebtednessNoteholder Secured Obligations, (ii) extend the maturity or alter any of the terms of the Indebtedness indebtedness or any 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 Mortgage Deed of Trust shall secure less than all of the principal amount of the IndebtednessNoteholder Secured Obligations, it is expressly agreed that any repayments of the principal amount of the Indebtedness Noteholder Secured Obligations shall not reduce the amount of the lien encumbrance of this Mortgage Deed of Trust until the lien encumbrance amount shall equal the principal amount of the Indebtedness 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 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 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 sale of the Trust Property by Trustee, or to terminate such tenant’s rights in such sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Indebtedness Noteholder Secured Obligations or to foreclose the lien this Deed of this MortgageTrust.
(d) Unless expressly provided otherwise, in the event that ownership Beneficiary’s interest in this Deed of this Mortgage 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 liens or charge charges of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessSecured Obligations, the Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness borrowed or guaranteed under the Transaction Documents, (ii) extend the maturity or alter any of the terms of the Indebtedness indebtedness borrowed or guaranteed under the 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 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 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 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 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 sale of the Mortgaged Property, or to terminate such tenant's rights in such sale will not be asserted by the Mortgagor as a defense to any proceeding instituted by the Mortgagee to collect the Indebtedness Secured Obligations or to foreclose the lien liens of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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 of created by this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, 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 Indebtednessindebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the Indebtedness 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. 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 of 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 of 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 Indebtedness Obligations or to foreclose the lien of created by this Mortgage.
(d) . • Unless expressly provided otherwise, in the event that ownership of 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 of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Indebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any guaranty thereof, (iii) grant other indulgences, (iv) release or reconveyrelease, or cause to be released or reconveyed released, at any time at Mortgagee'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 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 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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
Samples: Mortgage and Security Agreement (V I Technologies Inc)
Extension, Release, etc. (a) Without affecting the lien or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, the Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the IndebtednessObligations, (ii) extend the maturity or alter any of the terms of the Indebtedness Obligations or any guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at the 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 IndebtednessObligations, it is expressly agreed that any repayments of the principal amount of the Indebtedness Obligations shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Indebtedness Obligations outstanding.
(b) No recovery . form reasonably satisfactory to the Mortgagee, covering all or any part of any judgment by Mortgagee and no levy of an execution under any judgment upon 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 of Mortgagor shall affect document as the lien of this Mortgage Mortgagee may reasonably request in order to perfect, preserve, maintain, continue or any liens, rights, powers or remedies of Mortgagee hereunder, extend the security interest under 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 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that ownership priority of this Mortgage and title such security instrument. The Mortgagor further agrees to pay to the Mortgaged Property 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 fail to furnish any financing or continuation statement within 10 days after written request by the 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 estate therein shall become vested such financing and continuation statements. The filing of any financing or continuation statements in the same person records relating to personal property or entity, 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 shall not merge in such title but shall continue as a valid lien on the Mortgaged Property for the amount secured herebyreal property, as set forth above.
Appears in 1 contract
Samples: Mortgage (Edison Mission Finance Co)
Extension, Release, etc.
(a) Without affecting the lien or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the Indebtedness 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 ’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 IndebtednessObligations, it is expressly agreed that any repayments of the principal amount of the Indebtedness Obligations shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Indebtedness 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 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 of 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 sale of the Mortgaged Property by Mortgagee, or to terminate such tenant’s rights in such sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness Obligations or to foreclose the lien of created by this Mortgage..
(dc) Unless expressly provided otherwise, in the event that ownership of 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
Samples: Credit Agreement (Peak Resorts Inc)
Extension, Release, etc. (a) Without affecting the lien or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness guaranteed under the Guarantee and Collateral Agreement, (ii) extend the maturity or alter any of the terms of the Indebtedness indebtedness guaranteed under the 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 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 IndebtednessObligations, it is expressly agreed that any repayments of the principal amount of the Indebtedness Obligations shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Indebtedness 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 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 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness Obligations or to foreclose the lien of this Mortgage.. 330
(d) Unless expressly provided otherwise, in the event that 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 of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Indebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 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 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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 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 IndebtednessObligations, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessobligations, (ii) extend the maturity or alter any of the terms of the Indebtedness Obligations or any 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 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 mentionedobligation, or (vi) make compositions or other arrangements with debtors in relation thereto. If at any time this Mortgage Deed Of Trust shall secure less than all of the principal amount of the IndebtednessObligations, it is expressly agreed that any repayments of the principal amount of the Indebtedness Obligations shall not reduce the amount of the lien Lien of this Mortgage Deed Of Trust until the lien amount shall equal the principal amount of the Indebtedness 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 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 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 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 Indebtedness Obligations or to foreclose the lien Lien of this MortgageDeed Of Trust.
(d) Unless expressly provided otherwise, in the event that 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
Samples: Deed of Trust (New Cf&i Inc)
Extension, Release, etc. (a) Without affecting the lien or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the Indebtedness 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. 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.
(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 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 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 sale of the Mortgaged Property, Table of Contents or to terminate such tenant’s rights in such sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness Obligations or to foreclose the lien of this Mortgage.
(dc) Unless expressly provided otherwise, in the event that 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 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 IndebtednessSecured Obligations, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the Indebtedness 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 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 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 Xxxxxxxxxxx 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 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 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 sale of the Mortgaged Property by Trustee, or to terminate such tenant’s rights in such sale, will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary or Trustee to collect the Indebtedness Secured Obligations or to foreclose the lien of this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that 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
Samples: Deed of Trust (Gannett Co., Inc.)
Extension, Release, etc. (a) Without affecting the lien encumbrance or charge 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 IndebtednessNote Obligations, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the IndebtednessNote Obligations, (ii) extend the maturity or alter any of the terms of the Indebtedness Note Obligations or any 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 Mortgage Deed of Trust shall secure less than all of the principal amount of the IndebtednessNote Obligations, it is expressly agreed that any repayments of the principal amount of the Indebtedness Note Obligations shall not reduce the amount of the lien encumbrance of this Mortgage Deed of Trust until the lien encumbrance amount shall equal the principal amount of the Indebtedness 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 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 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 sale of the Trust Property by Trustee, or to terminate such tenant's rights in such 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 Indebtedness Note Obligations or to foreclose the lien this Deed of this MortgageTrust.
(d) Unless expressly provided otherwise, in the event that ownership Beneficiary's interest in this Deed of this Mortgage 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 liens or charge charges of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessSecured Obligations, the Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness borrowed or guaranteed under the Transaction Documents, (ii) extend the maturity 509265-1725-11432-13209999 or alter any of the terms of the Indebtedness indebtedness borrowed or guaranteed under the 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 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 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 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 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 sale of the Mortgaged Property, or to terminate such tenant's rights in such sale will not be asserted by the Mortgagor as a defense to any proceeding instituted by the Mortgagee to collect the Indebtedness Secured Obligations or to foreclose the lien liens of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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 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 Indebtedness, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 Mortgage 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 Mortgage 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 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 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 will not be asserted by Mortgagor Trustor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Indebtedness or to foreclose the lien of this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that 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 of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, the Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness 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 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 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 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 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 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 sale of the Mortgaged Property, or to terminate such tenant's rights in such sale will not be asserted by the Mortgagor as a defense to any proceeding instituted by the Mortgagee to collect the Indebtedness Obligations or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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 of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the Indebtedness 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. 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.
(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 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 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 sale of the Mortgaged Property, or to terminate such tenant’s rights in such sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness Obligations or to foreclose the lien of this Mortgage.
(dc) Unless expressly provided otherwise, in the event that 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 of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessSecured Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the Indebtedness 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. 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 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 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 sale of the Mortgaged Property, or to terminate such tenant’s rights in such sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness Credit Agreement Obligations or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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
Samples: Credit Agreement (Health Management Associates Inc)
Extension, Release, etc. (a) Without affecting the lien or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Indebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 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 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 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 will will, not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that ownership of this 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 of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the Indebtedness 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 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.
(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 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 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness or to foreclose the lien of this Mortgage.
(dc) Unless expressly provided otherwise, in the event that 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 of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Indebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the 19 44 maturity or alter any of the terms of the Indebtedness or any 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 encumbrance of this Mortgage until the lien 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 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 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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
Samples: Mortgage, Assignment of Rent & Security Agreement (Day International Group Inc)
Extension, Release, etc. (a) Without affecting the lien or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, the Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the IndebtednessObligations, (ii) extend the maturity or alter any of the terms of the Indebtedness Obligations or any guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at the 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 IndebtednessObligations, it is expressly agreed that any repayments of the principal amount of the Indebtedness Obligations shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Indebtedness 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 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 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 will not be asserted by the Mortgagor as a defense to any proceeding instituted by the Mortgagee to collect the Indebtedness Obligations or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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
Samples: Mortgage (Edison Mission Finance Co)
Extension, Release, etc. (a) Without affecting the lien Lien or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessSecured Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 any other or additional security for any obligation herein mentionedand subject to, or (vi) make compositions or other arrangements with debtors in relation theretoSection 9.10 of the Credit Agreement. [If at any time this Mortgage shall secure less than all of the principal amount of the IndebtednessSecured Obligations, it is expressly agreed that any repayments of the principal amount of the Indebtedness Secured Obligations shall not reduce the amount of the lien Lien of this Mortgage until the lien Lien amount shall equal the principal amount of the Indebtedness outstandingSecured Obligations outstanding](13).
(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 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 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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.defendant
Appears in 1 contract
Samples: Credit Agreement (Supervalu Inc)
Extension, Release, etc. (a) Without affecting the lien or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness borrowed or guaranteed under the Credit Documents, (ii) extend the maturity or alter any of the terms of the Indebtedness indebtedness borrowed or guaranteed under the 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. 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 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 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 sale of the Mortgaged Property, or to terminate such tenant's rights in such sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness Obligations or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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 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 Indebtedness, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 Mortgage 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 Mortgage 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 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 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 will not be asserted by Mortgagor Trustor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Indebtedness or to foreclose the lien of this MortgageDeed 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 Deed 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 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 lien, security title, security interest or charge 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 IndebtednessObligations, Mortgagee the Grantee may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness borrowed or guaranteed under the Indenture Documents, (ii) extend the maturity or alter any of the terms of the Indebtedness indebtedness borrowed or guaranteed under the 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 Mortgageethe 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. 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 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 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 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 sale of the Mortgaged Property, or to terminate such tenant's rights in such sale will not be asserted by Mortgagor the Grantor as a defense to any proceeding instituted by Mortgagee the Grantee to collect the Indebtedness Obligations or to foreclose the lien lien, security title and security interest of this MortgageSecurity Deed.
(d) Unless expressly provided otherwise, in the event that 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 of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness borrowed or guaranteed under the Credit Documents, (ii) extend the maturity or alter any of the terms of the Indebtedness indebtedness borrowed or guaranteed under the 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. 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 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 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 sale of the Mortgaged Property, or to terminate such tenant’s rights in such sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness Obligations or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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 of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness guaranteed under the Guarantee and Collateral Agreement, (ii) extend the maturity or alter any of the terms of the Indebtedness indebtedness guaranteed under the 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 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 IndebtednessObligations, it is expressly agreed that any repayments of the principal amount of the Indebtedness Obligations shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Indebtedness Obligations outstanding.
(b) No recovery of any judgment by Mortgagee Xxxxxxxxx and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien 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 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness Obligations or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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 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 Indebtedness, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any guaranty thereof, (iii) grant other indulgencesindulgenees, (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 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 Mortgage 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 Mortgage 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 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 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 will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Indebtedness or by Beneficiary or Trustee to foreclose the lien of this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that 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 of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, the Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness borrowed or guaranteed under the Collateral Agreements, (ii) extend the maturity or alter any of the terms of the Indebtedness indebtedness borrowed or guaranteed under the 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 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 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 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 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 sale of the Mortgaged Property, or to terminate such tenant's rights in such sale will not be asserted by the Mortgagor as a defense to any proceeding instituted by the Mortgagee to collect the Indebtedness Obligations or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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 encumbrance ------------------------ or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Indebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 encumbrance of this Mortgage until the lien 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 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 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 sale of the Mortgaged Property by Mortgagee, or to terminate such tenant's rights in such sale, will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that ownership of 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 charge on the Mortgaged Property for the amount secured hereby.
Appears in 1 contract
Samples: Participation Agreement (Paragon Health Network Inc)
Extension, Release, etc. (a) Without affecting the lien or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Secured Indebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the [Secured][Loan Document] Indebtedness, (ii) extend the maturity or alter any of the terms of the [Secured][Loan Document] Indebtedness or any 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 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 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 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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
Samples: Credit Agreement (SPX Corp)
Extension, Release, etc. (a) Without affecting the lien or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness borrowed or guaranteed under the Obligations, (ii) extend the maturity or alter any of the terms of the Indebtedness indebtedness borrowed or guaranteed under the 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 ’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 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 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 sale of the Mortgaged Property, or to terminate such tenant’s rights in such sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness Obligations or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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 of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, 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 Indebtednessindebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the Indebtedness 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. 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 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 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 sale of the Mortgaged Property, or to terminate such tenant’s rights in such sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness Obligations or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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
Samples: Mortgage, Security Agreement, Assignment of Leases and Rents, and Fixture Filing (Daramic, LLC)
Extension, Release, etc. (a) Without affecting the lien or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessSecured Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the Indebtedness 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. 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 Xxxxxxxxx and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien 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 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 sale of the Mortgaged Property by Mortgagee, or to terminate such tenant’s rights in such sale, will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness Secured Obligations or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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
Samples: Mortgage (Gannett Co., Inc.)
Extension, Release, etc. (a) Without affecting the lien encumbrance or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the IndebtednessObligations, (ii) extend the maturity or alter any of the terms of the Indebtedness Obligations or any 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 IndebtednessObligations, it is expressly agreed that any repayments of the principal amount of the Indebtedness Obligations shall not reduce the amount of the lien encumbrance of this Mortgage until the lien encumbrance amount shall equal the principal amount of the Indebtedness 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 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 Mortgagee, at its Mortgagee’s option to foreclose the 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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.Mortgaged
Appears in 1 contract
Samples: Credit Agreement (Domtar CORP)
Extension, Release, etc. (a) Without affecting the lien or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Indebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms terns of the Indebtedness or any 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 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 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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 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 Indebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 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 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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. Xxction 8143(c).
Appears in 1 contract
Extension, Release, etc. (a) Without affecting the lien or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the Indebtedness 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. 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 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 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 sale of the Mortgaged Property, or to terminate such tenant’s rights in such sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness Obligations or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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 of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessSecured Obligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 any other or additional security for any obligation herein mentionedand subject to, or (vi) make compositions or other arrangements with debtors in relation theretoSection 9.20 of the Credit Agreement. [If at any time this Mortgage shall secure less than all of the principal amount of the IndebtednessSecured Obligations, it is expressly agreed that any repayments of the principal amount of the Indebtedness 22 For leasehold mortgages, change to “Section 16” to “Section 17.” Secured Obligations shall not reduce the amount of the lien Lien of this Mortgage until the lien Lien amount shall equal the principal amount of the Indebtedness outstanding.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 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 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness Secured Obligations or to foreclose the lien Lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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 or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Indebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 Xxxxxxxxx and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien 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 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 will not be asserted by Mortgagor Xxxxxxxxx as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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
Samples: Intercompany Note (Essex Group Inc)
Extension, Release, etc. (a) Without affecting the lien or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Indebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the 19 maturity or alter any of the terms of the Indebtedness or any 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 encumbrance of this Mortgage until the lien 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 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 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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
Extension, Release, etc. (a) Without affecting the lien encumbrance or charge 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 Indebtedness, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release 173 19 any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 Mortgage 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 encumbrance of this Mortgage Deed of Trust until the lien 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 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 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 sale of the Trust Property by Trustee, or to terminate such tenant's rights in such sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Indebtedness or to foreclose the lien this Deed of this MortgageTrust.
(d) Unless expressly provided otherwise, in the event that ownership Beneficiary's interest in this Deed of this Mortgage 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
Samples: Credit Agreement (Campfire Inc)
Extension, Release, etc. (a) Without affecting the lien or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness guaranteed under the Guarantee and Collateral Agreement, (ii) extend the maturity or alter any of the terms of the Indebtedness indebtedness guaranteed under the 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 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 IndebtednessObligations, it is expressly agreed that any repayments of the principal amount of the Indebtedness Obligations shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Indebtedness 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 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 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness Obligations or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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
Samples: Credit Agreement (Campfire Inc)
Extension, Release, etc. (a) Without affecting the lien or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Indebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 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 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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 of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the Indebtedness 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. 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.
(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 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 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 sale of the Mortgaged Property, or to terminate such tenant’s rights in such sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness Obligations or to foreclose the lien of this Mortgage.
(dc) Unless expressly provided otherwise, in the event that 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 of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the Indebtedness 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. 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 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 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 sale of the Mortgaged Property, or to terminate such tenant’s rights in such sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness Obligations or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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 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 IndebtednessObligations, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the IndebtednessObligations, (ii) extend the maturity or alter any of the terms of the Indebtedness or any guaranty thereofObligations, (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 Mortgage Deed of Trust shall secure less than all of the principal amount of the IndebtednessObligations, it is expressly agreed that any repayments of the principal amount of the Indebtedness Obligations shall not reduce the amount of the lien of this Mortgage Deed of Trust until the lien amount shall equal the principal amount of the Indebtedness 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 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 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 sale of the Trust Property by Trustee, or to terminate such tenant's rights in such sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Indebtedness Obligations or to foreclose the lien of this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that 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 or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Indebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 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 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 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness or to foreclose the lien of this Mortgage.,
(d) Unless expressly provided otherwise, in the event that ownership 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 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 IndebtednessSecured 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, (ii) extend the maturity or alter any release of the terms of the Indebtedness or any 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 theretosuch Lien. If at any time this Mortgage Deed of Trust shall secure less than all of the principal amount of the IndebtednessSecured Obligations, it is expressly agreed that any repayments of the principal amount of the Indebtedness Secured Obligations shall not reduce the amount of the lien of this Mortgage Deed of Trust until the lien amount shall equal the principal amount of the Indebtedness 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 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 Deed of this Mortgage 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 sale of the Trust Property by Trustee, or to terminate such tenant’s rights in such sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Indebtedness Secured Obligations or to foreclose the lien created by this Deed of this MortgageTrust.
(dc) Unless expressly provided otherwise, in the event that ownership Beneficiary’s interest in this Deed of this Mortgage 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
Samples: Indenture (Smithfield Foods Inc)
Extension, Release, etc. (a) Without affecting the lien or charge 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 IndebtednessObligations, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the IndebtednessObligations, (ii) extend the maturity or alter any of the terms of the Indebtedness Obligations or any 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 Mortgage Deed of Trust shall secure less than all of the principal amount of the IndebtednessObligations, it is expressly agreed that any repayments of the principal amount of the Indebtedness Obligations shall not reduce the amount of the lien created by this Deed of this Mortgage Trust until the lien amount shall equal the principal amount of the Indebtedness 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 Deed of this Mortgage 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 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 sale of the Trust Property by Trustee, or to terminate such tenant’s rights in such sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Indebtedness Obligations or to foreclose the lien created by this Deed of this MortgageTrust.
(d) Unless expressly provided otherwise, in the event that ownership Beneficiary’s interest in this Deed of this Mortgage 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
Samples: Deed of Trust, Security Agreement and Assignment of Leases and Rents (Bush Industries Inc)
Extension, Release, etc. (a) Without affecting the lien or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Indebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 operate to release the lien or security title of this Mortgage until the lien amount shall equal the principal amount of the Indebtedness outstandinghas been paid in full.
(b) No recovery of any judgment by Mortgagee Xxxxxxxxx and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien 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 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 will not be asserted by Mortgagor Xxxxxxxxx as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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
Samples: Deed to Secure Debt (Harland Financial Solutions, Inc.)
Extension, Release, etc. (a) Without affecting the lien or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the IndebtednessObligations, (ii) extend the maturity or alter any of the terms of the Indebtedness Obligations or any 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 IndebtednessObligations, it is expressly agreed that any repayments of the principal amount of the Indebtedness Obligations shall not reduce the amount of the lien of this Mortgage until the lien amount shall equal the principal amount of the Indebtedness 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 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 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness Obligations or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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 of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Indebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 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 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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
Samples: Open End Mortgage and Security Agreement (Ero Marketing Inc)
Extension, Release, etc. (a) Without affecting the lien encumbrance ------------------------ or charge 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 Indebtedness, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 Mortgage 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 encumbrance of this Mortgage Deed of Trust until the lien 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 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 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 sale of the Trust Property by Trustee, or to terminate such tenant's rights in such sale, will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Indebtedness or to foreclose the lien this Deed of this MortgageTrust.
(d) Unless expressly provided otherwise, in the event that ownership Beneficiary's interest in this Deed of this Mortgage 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
Samples: Participation Agreement (Paragon Health Network Inc)
Extension, Release, etc. (a) Without affecting the lien or charge 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 IndebtednessObligations, Mortgagee Grantee may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the Indebtedness 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 Grantee’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. 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 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 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 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 sale of the Secured Property, or to terminate such tenant’s rights in such sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Grantee to collect the Indebtedness Obligations or to foreclose the lien of this MortgageDeed.
(d) Unless expressly provided otherwise, in the event that 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 or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Indebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 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 encumbrance of this Mortgage Deed of Trust until the lien 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 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 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 sale of the Trust Property by Trustee, or to terminate such tenant's rights in such sale will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Indebtedness or to foreclose the lien this Deed of this MortgageTrust.
(d) Unless expressly provided otherwise, in the event that ownership Beneficiary's interest in this Deed of this Mortgage 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
Samples: Deed of Trust (Ev International Inc)
Extension, Release, etc. (a) Without affecting the lien liens or charge charges of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessSecured Obligations, the Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness borrowed or guaranteed under the Transaction Documents, (ii) extend the maturity or alter any of the terms of the Indebtedness indebtedness borrowed or guaranteed under the 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 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 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 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 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 sale of the Mortgaged Property, or to terminate such tenant's rights in such sale will not be asserted by the Mortgagor as a defense to any proceeding instituted by the Mortgagee to collect the Indebtedness Secured Obligations or to foreclose the lien liens of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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
Samples: Revolving Credit Agreement (General Motors Financial Company, Inc.)
Extension, Release, etc. (a) Without affecting the lien or charge of created by this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness borrowed or guaranteed under the Transaction Documents, (ii) extend the maturity or alter any of the terms of the Indebtedness indebtedness borrowed or guaranteed under the 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 ’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 of 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 of 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 sale of the Mortgaged Property by Mortgagee, or to terminate such tenant’s rights in such sale will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness Obligations or to foreclose the lien of created by this Mortgage.
(d) Unless expressly provided otherwise, in the event that ownership of 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 of this Mortgage Deed of Trust upon or security title of this Deed of Trust to any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the IndebtednessObligations, Mortgagee Beneficiary may, from time to time and without notice, agree to (i) release any person liable for the Indebtednessindebtedness borrowed or guaranteed under the Loan Documents, (ii) extend the maturity or alter any of the terms of the Indebtedness 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 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 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 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 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 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 sale of the Mortgaged Property, or to terminate such tenant’s rights in such sale, will not be asserted by Mortgagor Grantor as a defense to any proceeding instituted by Mortgagee Beneficiary to collect the Indebtedness Obligations or to foreclose the lien and security title of this MortgageDeed of Trust.
(d) Unless expressly provided otherwise, in the event that ownership Beneficiary’s interest in this Deed of this Mortgage 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
Samples: Credit Agreement (Health Management Associates Inc)
Extension, Release, etc. (a) Without affecting the lien or charge of this Mortgage upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Indebtedness, Mortgagee may, from time to time and without notice, agree to (i) release any person liable for the Indebtedness, (ii) extend the maturity or alter any of the terms of the Indebtedness or any 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 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 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 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 will not be asserted by Mortgagor as a defense to any proceeding instituted by Mortgagee to collect the Indebtedness or to foreclose the lien of this Mortgage.
(d) Unless expressly provided otherwise, in the event that 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
