Common use of Future Advances Clause in Contracts

Future Advances. This Mortgage is given to, and the parties intend that it shall secure indebtedness, exclusive of interest thereon, in a maximum amount equal to the Aggregate Commitment from time to time under the Credit Agreement which shall be an amount up to $150,000,000 which indebtedness may include advances made at the request of Mortgagor or its respective successor(s) in title after this Mortgage is filed of record to the fullest extent and with the highest priority contemplated by law (including disbursements that the Lenders may, but shall not be obligated to, make under this Mortgage, the Loan Documents or any other document with respect thereto) plus interest thereon, and any disbursements made for the enforcement of this Mortgage and any remedies hereunder, payment of taxes, special assessments, utilities or insurance on the Property and interest on such disbursements and all disbursements by Mortgagee pursuant to applicable law (all such indebtedness being hereinafter referred to as the maximum amount secured hereby). This Mortgage shall be valid and have priority to the extent of the maximum amount secured hereby over all subsequent liens and encumbrances, including statutory liens, excepting solely taxes and assessments levied on the Property given priority by law. All future advances under the Credit Agreement, the Notes, this Mortgage and the other Loan Documents shall have the same priority as if the future advance was made on the date that this Mortgage was recorded

Future Advances. This Mortgage is given to, and for the parties intend that it shall purpose of creating a lien on real property in order to secure not only existing indebtedness, exclusive of interest thereonbut also future advances, in a maximum amount equal whether such advances are obligatory or to the Aggregate Commitment from time to time under the Credit Agreement which shall be an amount up to $150,000,000 which indebtedness may include advances made at the request option of Mortgagor Mortgagee, or its respective successor(s) in title otherwise, and whether made before or after default or maturity or other similar events, to the same extent as if such future advances were made on the date of the execution hereof, although there may be no advance made at the time of the execution hereof and although there may be no indebtedness outstanding at the time any advance is made. The types of future advances secured by and having priority under this Mortgage is filed shall include, without limitation, (i) advances and readvances of record to principal under the fullest extent Note or other Loan Documents and with the highest priority contemplated by law (including disbursements that the Lenders may, but shall not be obligated to, make under this Mortgage, ii) other than as provided for in the Loan Documents or any Documents, disbursements and other document with respect thereto) plus interest thereon, and any disbursements made advances for the enforcement of this Mortgage and any remedies hereunder, payment of taxes, special assessments, utilities maintenance charges, insurance premiums or insurance on costs relating to the Mortgaged Property, for the discharge of liens having priority over the lien of this Mortgage, for the curing of waste of the Mortgaged Property and for the payment of service charges and expenses incurred by reason of default and including late charges, attorney’s fees and court costs, together with interest on such disbursements and all disbursements by Mortgagee pursuant thereon. The lien of this Mortgage, as to applicable law (third persons with or without actual knowledge thereof, shall be valid as to all such indebtedness being hereinafter referred to as and future advances, from the maximum amount secured hereby). This Mortgage shall be valid and have priority date of recordation, to the extent permitted by the laws of the maximum state in which the Mortgaged Property is situated. The total amount of the indebtedness secured hereby over all subsequent liens and encumbrances, including statutory liens, excepting solely taxes and assessments levied on the Property given priority by law. All future advances under the Credit Agreement, the Notes, this Mortgage and may decrease or increase from time to time, but the other Loan Documents total unpaid principal balance at any one time shall have not exceed the same priority as if maximum principal amount of the future advance was made on the date that this Mortgage was recordedObligations.

Future Advances. This Mortgage is given to, and the parties intend that it shall secure indebtedness, exclusive of interest thereon, in a maximum amount equal to the Aggregate Commitment from time to time under the Credit Agreement which shall be an amount up to $150,000,000 9,500,000 which indebtedness may include advances made at the request of Borrower or Mortgagor or its respective successor(s) in title after this Mortgage is filed of record to the fullest extent and with the highest priority contemplated by law (including disbursements that the Lenders may, but shall not be obligated to, make under this Mortgage, the Loan Documents or any other document with respect thereto) plus interest thereon, and any disbursements made for the enforcement of this Mortgage and any remedies hereunder, payment of taxes, special assessments, utilities or insurance on the Property and interest on such disbursements and all disbursements by Mortgagee pursuant to applicable law (all such indebtedness being hereinafter referred to as the maximum amount secured hereby). This Mortgage shall be valid and have priority to the extent of the maximum amount secured hereby over all subsequent liens and encumbrances, including statutory liens, excepting solely taxes and assessments levied on the Property given priority by law. All future advances under the Credit Agreement, the Notes, this Mortgage and the other Loan Documents shall have the same priority as if the future advance was made on the date that this Mortgage was recorded.

Future Advances. This Mortgage is given to, and the parties intend that it shall secure indebtedness, exclusive of interest thereon, in a maximum amount equal to the Aggregate Commitment from time to time under the Credit Agreement which shall be an amount up to $150,000,000 370,000,000 which indebtedness may include advances made at the request of Borrower or Mortgagor or its respective successor(s) in title after this Mortgage is filed of record to the fullest extent and with the highest priority contemplated by law (including disbursements that the Lenders may, but shall not be obligated to, make under this Mortgage, the Loan Documents or any other document with respect thereto) plus interest thereon, and any disbursements made for the enforcement of this Mortgage and any remedies hereunder, payment of taxes, special assessments, utilities or insurance on the Property and interest on such disbursements and all disbursements by Mortgagee pursuant to applicable law (all such indebtedness being hereinafter referred to as the maximum amount secured hereby). This Mortgage shall be valid and have priority to the extent of the maximum amount secured hereby over all subsequent liens and encumbrances, including statutory liens, excepting solely taxes and assessments levied on the Property given priority by law. All future advances under the Credit Agreement, the Notes, this Mortgage and the other Loan Documents shall have the same priority as if the future advance was made on the date that this Mortgage was recorded.

Future Advances. This Mortgage is given toan “open-end mortgage” as provided for by Section 49-2(c) of the Connecticut General Statutes, and the parties intend that it Lender shall secure indebtednesshave all the rights, exclusive of interest thereonpowers, in a maximum amount equal privileges and protections afforded to the Aggregate Commitment from time to time under the Credit Agreement which shall be holder of an amount up to $150,000,000 which indebtedness may include advances made at the request of Mortgagor open-end mortgage by such statutes or its respective successor(s) in title after this Mortgage any other applicable law. It is filed of record to the fullest extent understood and with the highest priority contemplated by law (including disbursements agreed that the Lenders Lender may, but shall not be obligated to, at any time and from time to time, make Open-End Mortgage, Security Agreement & Fixture Filing GTJ Portfolio, Shelton, Connecticut AEGON Loan No. 10520105 future advances secured by this Mortgage. Whether or not any such future advances are to be made shall be determined by the Lender in its sole and absolute discretion. The amount of principal indebtedness secured by this Mortgage at execution, or which under any contingency may become secured hereby at any time hereafter, includes the Note and the Related Note, plus all interest payable under the Note and the Related Note with respect to the maximum principal indebtedness secured hereby, any prepayment premium calculated in respect of a voluntary prepayment of principal or in connection with a calculation of the entire Indebtedness and the Related Indebtedness owing upon acceleration, and all amounts expended by the Lender after default by the Borrower for any expenses incurred in maintaining the Property and preserving its value, and in upholding the lien of this Mortgage, including payments by the Loan Documents Lender of (a) taxes, charges or any other document with respect theretoassessments which may be imposed by law upon the Property, (b) plus interest thereonpremiums on insurance policies covering the Property, (c) expense incurred in upholding the lien of this Mortgage, and (d) any disbursements made for amount, cost or charge with the enforcement Lender becomes subrogated, upon payment, whether under recognized principles of this Mortgage and any remedies hereunderlaw or equity, payment of taxesor under express statutory authority. Such amounts or costs, special assessmentstogether with interest thereon at the Default Rate, utilities or insurance on the Property and interest on such disbursements and all disbursements by Mortgagee pursuant to applicable law (all such indebtedness being hereinafter referred to as the maximum amount secured hereby). This Mortgage shall be valid and have priority to the extent of the maximum amount secured hereby over all subsequent liens and encumbrances, including statutory liens, excepting solely taxes and assessments levied on the Property given priority by law. All future advances under the Credit Agreement, the Notes, this Mortgage and the other Loan Documents shall have the same priority as if the future advance was made on the date that this Mortgage was recordedMortgage.

Future Advances. This Mortgage is given to, and the parties intend that it shall secure indebtedness, exclusive of interest thereon, in a maximum amount equal to the Aggregate Commitment from time to time under the Credit Agreement which shall be an amount up to Prestonburg, Kentucky $150,000,000 which indebtedness may include advances made at the request of Mortgagor or its respective successor(s) in title after this Mortgage is filed of record to the fullest extent and with the highest priority contemplated by law (including disbursements that the Lenders may, but shall not be obligated to, make under this Mortgage, the Loan Documents or any other document with respect thereto) plus interest thereon, and any disbursements made for the enforcement of this Mortgage and any remedies hereunder, payment of taxes, special assessments, utilities or insurance on the Property and interest on such disbursements and all disbursements by Mortgagee pursuant to applicable law (all such indebtedness being hereinafter referred to as the maximum amount secured hereby). This Mortgage shall be valid and have priority to the extent of the maximum amount secured hereby over all subsequent liens and encumbrances, including statutory liens, excepting solely taxes and assessments levied on the Property given priority by law. All future advances under the Credit Agreement, the Notes, this Mortgage and the other Loan Documents shall have the same priority as if the future advance was made on the date that this Mortgage was recorded

Future Advances. This Notwithstanding anything contained in this Mortgage is given toor the Loan Documents to the contrary, and the parties intend that it this Mortgage shall secure indebtednesssecure: (i) a maximum principal amount of $26,000,000.00, exclusive of interest thereonany items described in (ii) below, in a maximum amount equal to the Aggregate Commitment including any additional advances made from time to time under after the Credit Agreement which shall be an amount up date hereof pursuant to $150,000,000 which indebtedness may include advances the Loan Documents whether made as part of the Debt secured hereby or made at the request option of Mortgagor the Mortgagee, (ii) all other amounts payable by Mortgagor, or its respective successor(s) in title after this Mortgage is filed advanced by Mortgagee for the account, or on behalf, of record Mortgagor, pursuant to the fullest extent and with the highest priority contemplated by law (Loan Documents, including disbursements that the Lenders may, but shall not be obligated to, make under this Mortgage, the Loan Documents or any other document amounts advanced with respect thereto) plus interest thereon, and any disbursements made to the Mortgaged Property for the enforcement of this Mortgage and any remedies hereunder, payment of taxes, special assessments, utilities or insurance premiums and other costs and impositions incurred for the protection of the Mortgaged Property to the same extent as if the future Debt and advances were made on the Property date of execution of the Mortgage; and interest on such disbursements (iii) future modifications, extensions, and all disbursements renewals of any Loan Documents or Debt secured by Mortgagee pursuant this Mortgage. Pursuant to applicable law (all such indebtedness being hereinafter Ind. Code 32-29-1-10, the lien of this Mortgage with respect to any future advances, modifications, extensions, and renewals referred to as the maximum amount secured hereby). This Mortgage shall be valid herein and have priority made from time to the extent of the maximum amount secured hereby over all subsequent liens and encumbrances, including statutory liens, excepting solely taxes and assessments levied on the Property given priority by law. All future advances under the Credit Agreement, the Notes, this Mortgage and the other Loan Documents time shall have the same priority to which this Mortgage otherwise would be entitled as if of the date this Mortgage is executed and recorded without regard to the fact that any such future advance, modification, extension, or renewal may occur after the Mortgage is executed. Such maximum principal amount is stated herein for the purpose of any applicable future advance was made on the date that this Mortgage was recordedlaws and is not deemed a commitment by Mortgagee to make any future advances.

Future Advances. This Mortgage is given to, and the parties intend that it shall secure indebtedness, exclusive of interest thereon, in a maximum amount equal to the Aggregate Commitment from time to time under the Credit Agreement which shall be an amount up to $150,000,000 which indebtedness may include advances made at the request of Mortgagor or its respective successor(s) in title after this Mortgage is filed of record to the fullest extent and with the highest priority contemplated by law (including disbursements that the Lenders may, but shall not be obligated to, make under this Mortgage, the Loan Documents or any other document with respect thereto) plus interest thereon, and any disbursements made for the enforcement of this Mortgage and any remedies hereunder, payment of taxes, special assessments, utilities or insurance on the Property and interest on such disbursements and all disbursements by Mortgagee pursuant to applicable law (all such indebtedness being hereinafter referred to as the maximum amount secured hereby). This Mortgage shall be valid and have priority to the extent of the maximum amount secured hereby over all subsequent liens and encumbrances, including statutory liens, excepting solely taxes and assessments levied on the Property given priority by law. All future advances under the Credit Agreement, the Notes, this Mortgage and the other Loan Documents shall have the same priority as if the future advance was made on the date that this Mortgage was recorded. This Mortgage secures future advances and is a future advance mortgage, each as defined in Act No. 348 of the Michigan Public Acts of 1990 (MCLA 565.901 et. seq.).

Future Advances. This Mortgage is given to, and the parties intend that it shall secure indebtedness, exclusive of interest thereon, in a maximum amount equal to the Aggregate Commitment from time to time under the Credit Agreement which shall be an amount up to $150,000,000 200,000,000 which indebtedness may include advances made at the request of Borrower or Mortgagor or its respective successor(s) in title after this Mortgage is filed of record to the fullest extent and with the highest priority contemplated by law (including disbursements that the Lenders may, but shall not be obligated to, make under this Mortgage, the Loan Documents or any other document with respect thereto) plus interest thereon, and any disbursements made for the enforcement of this Mortgage and any remedies hereunder, payment of taxes, special assessments, utilities or insurance on the Property and interest on such disbursements and all disbursements by Mortgagee pursuant to applicable law (all such indebtedness being hereinafter referred to as the maximum amount secured hereby). This Mortgage shall be valid and have priority to the extent of the maximum amount secured hereby over all subsequent liens and encumbrances, including statutory liens, excepting solely taxes and assessments levied on the Property given priority by law. All future advances under the Credit Agreement, the Notes, this Mortgage and the other Loan Documents shall have the same priority as if the future advance was made on the date that this Mortgage was recorded.

Future Advances. This Notwithstanding anything contained in this Mortgage is given toor the other Loan Documents to the contrary, and this Mortgage shall secure: (i) two hundred percent (200%) of the parties intend that it shall secure indebtednessface amount of the Note, exclusive of interest thereonany items described in (ii) below, in a maximum amount equal to the Aggregate Commitment including any additional advances made from time to time under after the Credit Agreement which shall be an amount up date hereof pursuant to $150,000,000 which indebtedness may include advances the Note and other Loan Documents whether made as part of the Indebtedness secured hereby, made at the request option of Mortgagee, made after a reduction to a zero (0) or other balance, or made otherwise, (ii) all other amounts payable by Mortgagor, or advanced by Mortgagee for the account, or on behalf, of Mortgagor or its respective successor(s) in title after this Mortgage is filed of record the Mortgaged Property, pursuant to the fullest extent and with the highest priority contemplated by law (Loan Documents, including disbursements that the Lenders may, but shall not be obligated to, make under this Mortgage, the Loan Documents or any other document amounts advanced with respect thereto) plus interest thereon, and any disbursements made to the Mortgaged Property for the enforcement of this Mortgage and any remedies hereunder, payment of taxes, special assessments, utilities or insurance premiums and other costs and impositions incurred for the protection of the Mortgaged Property to the same extent as if the future obligations, and advances were made on the Property date of execution of this Mortgage; and interest on such disbursements (iii) future modifications, extensions, and all disbursements renewals of any Indebtedness secured by Mortgagee pursuant this Mortgage. Pursuant to applicable law (all such indebtedness being hereinafter IND. CODE 32-29-1-10, the lien of the Mortgage with respect to any future advances, modifications, extensions, and renewals referred to as the maximum amount secured hereby). This Mortgage shall be valid herein and have priority made from time to the extent of the maximum amount secured hereby over all subsequent liens and encumbrances, including statutory liens, excepting solely taxes and assessments levied on the Property given priority by law. All future advances under the Credit Agreement, the Notes, this Mortgage and the other Loan Documents time shall have the same priority to which this Mortgage otherwise would be entitled as if the future advance was made on of the date that this Mortgage was recordedis executed and recorded without regard to the fact that any such future advance, modification, extension, or renewal may occur after this Mortgage is executed.

Future Advances. This Mortgage Deed of Trust is given to, and the parties intend that it shall secure indebtedness, exclusive of interest thereon, in a maximum amount equal to the Aggregate Commitment from time to time under the Credit Agreement which shall be an amount up to $150,000,000 which indebtedness may include advances made at the request of Mortgagor Grantor or its respective successor(s) in title after this Mortgage Deed of Trust is filed of record to the fullest extent and with the highest priority contemplated by law (including disbursements that the Lenders may, but shall not be obligated to, make under this MortgageDeed of Trust, the Loan Documents or any other document with respect thereto) plus interest thereon, and any disbursements made for the enforcement of this Mortgage Deed of Trust and any remedies hereunder, payment of taxes, special assessments, utilities or insurance on the Property and interest on such disbursements and all disbursements by Mortgagee Beneficiary pursuant to applicable law (all such indebtedness being hereinafter referred to as the maximum amount secured hereby). This Mortgage Deed of Trust shall be valid and have priority to the extent of the maximum amount secured hereby over all subsequent liens and encumbrances, including statutory liens, excepting solely taxes and assessments levied on the Property given priority by law. All future advances under the Credit Agreement, the Notes, this Mortgage Deed of Trust and the other Loan Documents shall have the same priority as if the future advance was made on the date that this Mortgage Deed of Trust was recorded.

Future Advances. This Mortgage is given to, and the parties intend that it shall secure indebtedness, exclusive of interest thereon, in a maximum amount equal to the Aggregate Commitment from time to time under the Credit Agreement which shall be an amount up to Russelville, Kentucky $150,000,000 which indebtedness may include advances made at the request of Mortgagor or its respective successor(s) in title after this Mortgage is filed of record to the fullest extent and with the highest priority contemplated by law (including disbursements that the Lenders may, but shall not be obligated to, make under this Mortgage, the Loan Documents or any other document with respect thereto) plus interest thereon, and any disbursements made for the enforcement of this Mortgage and any remedies hereunder, payment of taxes, special assessments, utilities or insurance on the Property and interest on such disbursements and all disbursements by Mortgagee pursuant to applicable law (all such indebtedness being hereinafter referred to as the maximum amount secured hereby). This Mortgage shall be valid and have priority to the extent of the maximum amount secured hereby over all subsequent liens and encumbrances, including statutory liens, excepting solely taxes and assessments levied on the Property given priority by law. All future advances under the Credit Agreement, the Notes, this Mortgage and the other Loan Documents shall have the same priority as if the future advance was made on the date that this Mortgage was recorded

Future Advances. This Mortgage is given toto secure, in part, future advances under the Note, the Loan Agreement and the other Loan Documents, and the parties intend that it shall secure indebtednessnot only the initial advance under the Note, exclusive the Loan Agreement and the other Loan Documents, but also subsequent advances, the final advance, and any other advances, disbursements and other payments made under the Loan Agreement and the other Loan Documents, whether such advances are obligatory or to be made at the option of interest thereonLender, in a maximum amount equal or otherwise, and including advances under the Loan Agreement and other Loan Documents as are made within twenty years from the date hereof, to the Aggregate Commitment same extent as if all such advances were made at the time of execution of this Mortgage and although there may be no outstanding Secured Obligations at the time any advance is made. The total amount of the Secured Obligations may increase or decrease from time to time under the Credit Agreement which shall be an amount up to $150,000,000 which indebtedness may include advances made at the request of Mortgagor or its respective successor(s) in title after this Mortgage is filed of record to the fullest extent and with the highest priority contemplated by law (including disbursements that the Lenders maytime, but the total unpaid principal balance of the indebtedness hereby secured at any one time outstanding shall not be obligated to, make under this Mortgage, exceed two (2) times maximum principal amount of the Loan Documents or any other document with respect thereto) Note plus interest thereon, and any disbursements made for the enforcement of this Mortgage and any remedies hereunder, payment of taxes, special assessments, utilities assessments or insurance on the Property Collateral, and interest on such disbursements and all disbursements by Mortgagee pursuant to applicable law (all such indebtedness being hereinafter referred to as the maximum amount secured hereby)disbursements. This Mortgage shall be valid and shall, to the fullest extent permitted by law, have priority over any and all liens and encumbrances arising after this Mortgage is recorded in the Recorder's office in the county in which the Land is located, including (to the extent of the maximum amount secured hereby over all subsequent permitted by applicable law) statutory liens and encumbrances, including statutory liens, excepting solely except taxes and assessments levied on the Property given priority by lawCollateral. All future advances Borrower hereby waives any right it may have under Section 5301.232(C) of the Credit Agreement, the Notes, this Mortgage and the other Loan Documents shall have the same priority as if the future advance was made on the date that this Mortgage was recordedOhio Revised Code.

Future Advances. This Mortgage is given to, and the parties intend that it shall secure indebtedness, exclusive of interest thereon, in a maximum amount equal to the Aggregate Commitment from time to time under the Credit Agreement which shall be an amount up to $150,000,000 585,000,000 which indebtedness may include advances made at the request of Borrower or Mortgagor or its respective successor(s) in title after this Mortgage is filed of record to the fullest extent and with the highest priority contemplated by law (including disbursements that the Lenders may, but shall not be obligated to, make under this Mortgage, the Loan Documents or any other document with respect thereto) plus interest thereon, and any disbursements made for the enforcement of this Mortgage and any remedies hereunder, payment of taxes, special assessments, utilities or insurance on the Property and interest on such disbursements and all disbursements by Mortgagee pursuant to applicable law (all such indebtedness being hereinafter referred to as the maximum amount secured hereby). This Mortgage shall be valid and have priority to the extent of the maximum amount secured hereby over all subsequent liens and encumbrances, including statutory liens, excepting solely taxes and assessments levied on the Property given priority by law. All future advances under the Credit Agreement, the Notes, this Mortgage and the other Loan Documents shall have the same priority as if the future advance was made on the date that this Mortgage was recorded.