Common use of Grant of Mortgage Clause in Contracts

Grant of Mortgage. For valuable consideration, Grantor mortgages, warrants, and conveys 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 DuPage County, State of Illinois: XXX 0 XX XXXXXXXXXXXXXX XXXXXX XXXX 00, 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 0000 Xxxxx Xxxxx, Xxxxxxxxx, XX 00000. The Real Property tax identification number is 00-00-000-000 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, 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 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.

Grant of Mortgage. For valuable consideration, Grantor mortgagesgrants, warrants, mortgages and conveys to Lender Lender, with mortgage covenants and upon the statutory condition, 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 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 DuPage CountyWILLXXXX Xxxnty, State of IllinoisOhio: XXX 0 XX XXXXXXXXXXXXXX XXXXXX XXXX 00See EXHIBIT "A", 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 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 0000 Xxxxx Xxxxx201 XXXXX XX, XxxxxxxxxXXXXXXX, XX 00000OH 43557. The Real Property tax identification identification, number is 00128-00064-040-04-033-000, 128-000 Grantor presently assigns to Lender all of Grantor's right064-050-02-001.000, 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. 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, 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 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.

Grant of Mortgage. For valuable considerationconsideration paid, Grantor mortgages, warrants, and conveys to Lender all of Grantor's right, title, and interest in and the Mortgagor hereby grants to the following Mortgagee with Mortgage Covenants, the land and buildings thereon, if any, located off Federal Street, Andover, Essex County, Massachusetts, shown as Lot 3 on that certain Definitive Subdivision Plan of Land recorded with the Essex County (North District) Registry of Deeds as Plan No. 10726, as more particularly described real propertyin Exhibit A attached hereto, 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); any and all other rightsimprovements now or hereafter situated thereon and all rents, royalties, issues and profits relating to and other appurtenant rights associated with the real propertyownership of such land (collectively, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") to secure: (i) the payment of Seven Million Five Hundred Thousand Dollars ($7,500,000) with interest thereon as provided in the promissory note (the "Lot 3 Note") of the Mortgagor of even date payable to the order of the Mortgagee; (ii) damages (including consequential damages) which arise as a result of the Mortgagor or any successor entity to the Mortgagor filing a petition for reorganization or liquidation or for protection from creditors under the United States Bankruptcy Code or any similar state law; and (iii) the performance of all covenants and agreements contained in (a) this Mortgage, (b) the Lot 3 Note, (c) a certain Letter of Intent dated April 17, 1997 by and between the Mortgagor and the Mortgagee, (d) the Loan Agreement of even dated, (e) Conditional Assignment of Leases and Rents of even date, (f) Collateral Assignment of Contracts, Licenses, Permits, Agreements, Warranties and Approvals, (g) Hazardous Material Indemnity Agreement, and (h) any other instrument now existing or hereafter entered into to provide additional security for the Lot 3 Note, as they may be amended (collectively, the "Loan Documents"). As further security for the Mortgagor's obligations, the Mortgagor hereby grants to the Mortgagee a security interest in all equipment (as defined in the Uniform Commercial Code), now or hereafter located on or intended to be used in DuPage County, State of Illinois: XXX 0 XX XXXXXXXXXXXXXX XXXXXX XXXX 00, 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 connection with the Real Property (including fixtures); all insurance proceeds including interest payable in connection with any damage or its address is commonly known loss to the Mortgaged Property, as 0000 Xxxxx Xxxxxhereinafter defined, Xxxxxxxxxall eminent domain awards made with respect to the Mortgaged Property, XX 00000all licenses and permits for the use or occupancy of the Real Property, all trade names associated with the use or occupancy of the Real Property, all books and records relating to the Mortgagor's operation of the Real Property, all contracts, agreements and warranties, including rights to return of deposits, prepaid premiums or other payments, relating to the construction, use or occupancy of the Real Property, and all other personal property of the Mortgagor arising from, or now or hereafter relating to, located at or used in connection with the Real Property, including without limitation, all inventory, equipment, and other goods, documents, instruments, general intangibles, chattel paper, accounts and contract rights (each as defined in the Uniform Commercial Code), and the proceeds therefrom (collectively, the "Personal Property"). The Real Property tax identification number is 00-00-000-000 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, 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 WAIVERS. Grantor waives all rights or defenses arising by reason of any are referred to collectively as the "one action" or Mortgaged Property"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.

Grant of Mortgage. For valuable consideration, Grantor mortgages, warrants, mortgages and conveys to Lender and grants to Lender a security interest in 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; 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, located in Xxxxx County, State of Iowa (the "Real Property") located in DuPage County, State of Illinois: XXX 0 XX XXXXXXXXXXXXXX XXXXXX XXXX 00, BEING A SUBDIVISION Property ): LOT NUMBERED ONE IN THE FINAL PLAT OF PART OF NORTHEAST 1/4 SECTION 18, TOWNSHIP 37 SIGNATURE INNS BE1TENDORF NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, SITUATED IN THE VILLAGE OF WOODRIDGE, DUPAGE COUNTY, STATE OF ILLINOIS, ACCORDING AN ADDITION TO THE CITY OF BETTENDORF, IOWA, AS PER PLAT THEREOF RCORDED MARCH 5RECORDED NOVEMBER 4, 2001 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 R2001NO. 21450-035706 90. The Real Property or its address is commonly known as 0000 Xxxxx XxxxxXXXXX XXXXX XXXX, XxxxxxxxxXXXXXXXXXX, XX 00000. The Real Property tax identification number is 00-00-000-000 000000000. 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, 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 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.