Grant of Mortgage. For valuable consideration, Grantor mortgages to Lender all of Grantor’s right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the “Real Property”) located in Pinellas County, State of Florida: See See Exhibit “A”, which is attached to this Mortgage and made a part of this Mortgage as if fully set forth herein. The Real Property or its address is commonly known as 00000 XX Xxx 00X, xxxxxxxxxx, Xxxx Xxxxxx, XX 00000. The Real Property tax identification number is 25/27/15/43096/000/3010-25/27/15/43101/000/1040-25/27/15/43114/000/2001. Grantor presently assigns to Lender all of Grantor’s right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $1,200,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR’S WAIVERS. Grantor waives all rights or defenses arising by reason of any “one action” or “anti-deficiency” law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender’s commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale.
Appears in 2 contracts
Samples: Gta-Ib, LLC, Golf Trust of America Inc
Grant of Mortgage. For valuable consideration, Grantor mortgages mortgages, warrants, and conveys to Lender all of Grantor’s 's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the “"Real Property”") located in Pinellas DuPage County, State of FloridaIllinois: See See Exhibit “A”XXX 0 XX XXXXXXXXXXXXXX XXXXXX XXXX 00, which is attached to this Mortgage and made a part of this Mortgage as if fully set forth herein. BEING A SUBDIVISION OF PART OF NORTHEAST 1/4 SECTION 18, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, SITUATED IN THE VILLAGE OF WOODRIDGE, DUPAGE COUNTY, STATE OF ILLINOIS, ACCORDING TO THE PLAT THEREOF RCORDED MARCH 5, 2001 AS DOCUMENT R2001-035706 The Real Property or its address is commonly known as 00000 XX Xxx 00X0000 Xxxxx Xxxxx, xxxxxxxxxx, Xxxx XxxxxxXxxxxxxxx, XX 00000. The Real Property tax identification number is 25/27/15/43096/000/301000-25/27/15/43101/000/104000-25/27/15/43114/000/2001. 000-000 Grantor presently assigns to Lender all of Grantor’s 's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $1,200,000.00NOTE, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS INTENDED TO AND SHALL BE VALID AND HAVE PRIORITY OVER ALL SUBSEQUENT LIENS AND ENCUMBRANCES, INCLUDING STATUTORY LIENS, EXCEPTING SOLELY TAXES AND ASSESSMENTS LEVIED ON THE REAL PROPERTY, TO THE EXTENT OF THE MAXIMUM MORTGAGE (Continued) Page 2 AMOUNT SECURED HEREBY. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR’S 'S WAIVERS. Grantor waives all rights or defenses arising by reason of any “"one action” " or “"anti-deficiency” " law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender’s 's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale.
Appears in 2 contracts
Samples: Commercial Pledge Agreement (Advanced Life Sciences Holdings, Inc.), Commercial Pledge Agreement (Advanced Life Sciences Holdings, Inc.)
Grant of Mortgage. For valuable consideration, Grantor grants, mortgages and conveys to Lender Lender, with mortgage covenants and upon the statutory condition, all of Grantor’s 's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements Improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the “Real Property”") located in Pinellas CountyWILLXXXX Xxxnty, State of FloridaOhio: See See Exhibit “EXHIBIT "A”", which is attached to this Mortgage and made a part of this Mortgage as if fully set forth herein. The Real Property or its address is commonly known as 00000 XX Xxx 00X201 XXXXX XX, xxxxxxxxxxXXXXXXX, Xxxx Xxxxxx, XX 00000OH 43557. The Real Property tax identification identification, number is 25/27/15/43096/000/3010128-25/27/15/43101/000/1040064-25/27/15/43114/000/2001. Grantor presently assigns to Lender all of Grantor’s right040-04-033-000, title128-064-050-02-001.000, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. 128-064-050-02-002.000 THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $1,200,000.00NOTE, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR’S 'S WAIVERS. Grantor waives all rights or defenses arising by reason of any “"one action” " or “"anti-deficiency” " law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender’s 's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale.
Appears in 1 contract
Samples: Ohio Art Co
Grant of Mortgage. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor’s 's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenancesappurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the “"Real Property”") located in Pinellas Sarasota County, State of Florida: See See "Exhibit “A”, which is " attached to this Mortgage document and made a part of this Mortgage document as if fully set forth herein. The Real Property or its address is commonly known as 00000 XX Xxx 00X100 Xxxxxxxx Xx., xxxxxxxxxx, Xxxx XxxxxxXxxxxxxx, XX 00000. The Real Property tax parcel identification number is 25/27/15/43096/000/30102015090014. CROSS-25/27/15/43101/000/1040-25/27/15/43114/000/2001COLLATERALIZATION. In addition to the Note, this Mortgage secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender all of Grantor’s 's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $1,200,000.002,408,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF GRANTOR'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN GRANTOR AND LENDER OF EVEN DATE HEREWITH. DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN IS ALSO DEFAULT UNDER THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR’S WAIVERS. Grantor waives all rights or defenses arising by reason of any “one action” or “anti-deficiency” law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender’s commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Shepherd's Finance, LLC)
Grant of Mortgage. For valuable consideration, Grantor mortgages and conveys to Lender and grants to Lender a security interest in all of Grantor’s 's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; rents and profits; all easements, rights of way, and appurtenances; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real propertyprope~, including without limitation all minerals, oil, gas, geothermal and similar matters, (the “Real Property”) located in Pinellas Xxxxx County, State of Florida: See See Exhibit “A”Iowa (the "Real Property ): LOT NUMBERED ONE IN THE FINAL PLAT OF SIGNATURE INNS BE1TENDORF NORTH, which is attached to this Mortgage and made a part of this Mortgage as if fully set forth hereinAN ADDITION TO THE CITY OF BETTENDORF, IOWA, AS PER PLAT RECORDED NOVEMBER 4, 1988, AS INSTRUMENT NO. 19878-88; TOGETHER WITH NON-EXCLUSIVE EASEMENT RIGHTS AS CREATED BY DECLARATION OF ACCESS AND SIGN EASEMENTS AND FILED ON NOVEMBER 13, 1990 AS DOCUMENT NO. 21450-90. The Real Property or its address is commonly known as 00000 XX Xxx 00X0000 XXXXX XXXXX XXXX, xxxxxxxxxx, Xxxx XxxxxxXXXXXXXXXX, XX 00000. The Real Property tax identification number is 25/27/15/43096/000/3010-25/27/15/43101/000/1040-25/27/15/43114/000/2001000000000. Grantor presently assigns to Lender all of Grantor’s 's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $1,200,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR’S WAIVERS. Grantor waives all rights or defenses arising by reason The lien on the rents granted in this Mortgage shall be effective from the date of any “one action” or “anti-deficiency” law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender’s commencement or completion Mortgage and not just in the event of any foreclosure action, either judicially or by exercise of a power of saledefault.
Appears in 1 contract
Grant of Mortgage. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor’s right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenancesappurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the “Real Property”) located in Pinellas Sarasota County, State of Florida: See See “Exhibit “A”, which is ” attached to this Mortgage document and made a part of this Mortgage document as if fully set forth herein. The Real Property or its address is commonly known as 00000 XX Xxx 00X1000 Xxxxx Xx., xxxxxxxxxx, Xxxx XxxxxxXxxxxxxx, XX 00000. The Real Property tax parcel identification number is 25/27/15/43096/000/30102037120011. CROSS-25/27/15/43101/000/1040-25/27/15/43114/000/2001COLLATERALIZATION. In addition to the Note, this Mortgage secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender all of Grantor’s right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $1,200,000.003,600,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF GRANTOR’S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN GRANTOR AND LENDER OF EVEN DATE HEREWITH. DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN IS ALSO DEFAULT UNDER THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR’S WAIVERS. Grantor waives all rights or defenses arising by reason of any “one action” or “anti-deficiency” law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender’s commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Shepherd's Finance, LLC)
Grant of Mortgage. For valuable consideration, Grantor mortgages and conveys to Lender Lender, with power of sale, all of Grantor’s 's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the “"Real Property”") located in Pinellas Hennepin County, State of FloridaMinnesota: See See Exhibit “A”The Northeasterly 46 feet measured front and rear of Xxx 00, which is attached to this Mortgage and made a part Xxxxxxx'x Xxxxxxxxxxx Xx. 00, Xxxxxxxx Xxxxxx, Minn. Torrens Property Certificate of this Mortgage as if fully set forth herein. Title No(s): 1103542 The Real Property or its address is commonly known as 00000 XX Xxx 00X0000 Xxxxxxxx Xxx, xxxxxxxxxx, Xxxx XxxxxxXxxxxxxxxxx, XX 00000. The Real Property tax identification number is 25/27/15/43096/000/301000-25/27/15/43101/000/1040000-25/27/15/43114/000/200100-00-0013. CROSS-COLLATERALIZATION. In addition to the Note, this Mortgage secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender all of Grantor’s 's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. This shall constitute an actual and present assignment, provided that the Grantor shall have a license to collect, but not prior to accrual, all of the Rents and to retain, use and enjoy the same unless and until an Event of Default as defined herein has occurred. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $1,200,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR’S WAIVERSPAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor waives shall pay to Lender all rights or defenses arising amounts secured by reason this Mortgage as they become due and shall strictly perform all of any “one action” or “anti-deficiency” law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender’s commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale's obligations under this Mortgage.
Appears in 1 contract
Samples: Autoscope Technologies Corp
Grant of Mortgage. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor’s 's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenancesappurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the “"Real Property”") located in Pinellas Sarasota County, State of Florida: See See "Exhibit “A”, which is " attached to this Mortgage document and made a part of this Mortgage document as if fully set forth herein. The Real Property or its address is commonly known as 00000 XX Xxx 00X100 Xxxxxxxx Xx., xxxxxxxxxx, Xxxx XxxxxxXxxxxxxx, XX 00000. The Real Property tax parcel identification number is 25/27/15/43096/000/30102015090014. CROSS-25/27/15/43101/000/1040-25/27/15/43114/000/2001COLLATERALIZATION. In addition to the Note, this Mortgage secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender all of Grantor’s 's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $1,200,000.002,640,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF GRANTOR'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN GRANTOR AND LENDER OF EVEN DATE HEREWITH. DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN IS ALSO DEFAULT UNDER THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR’S WAIVERS. Grantor waives all rights or defenses arising by reason of any “one action” or “anti-deficiency” law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender’s commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Shepherd's Finance, LLC)