Interpretation with Other Documents. Notwithstanding anything in this Mortgage to the contrary, in the event of a conflict or inconsistency between this Mortgage and the Loan Agreement, the provisions of the Loan Agreement will govern. To the extent any provision of this Mortgage specifies performance according to standards established by the Loan Agreement, then such specification shall mean the performance that would be required by the Borrower were the Borrower the owner of the Mortgaged Property and the Mortgagor hereunder. Notwithstanding anything to the contrary contained herein, the lien and security interest granted to Agent pursuant to this Mortgage and the exercise of any right or remedy by Agent hereunder are subject to the provisions of the Term Loan Intercreditor Agreement. In the event of any conflict or inconsistency between the terms and provisions of the Term Loan Intercreditor Agreement and the terms and provisions of this Mortgage, the terms and provisions of the Term Loan Intercreditor Agreement shall govern and control.
Appears in 8 contracts
Samples: Mortgage (Green Plains Inc.), First Lien Mortgage (Green Plains Inc.), First Lien Leasehold Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing Statement (Green Plains Inc.)
Interpretation with Other Documents. Notwithstanding anything in this Mortgage Deed of Trust to the contrary, in the event of a conflict or inconsistency between this Mortgage Deed of Trust and the Loan Agreement, the provisions of the Loan Agreement will govern. To the extent any provision of this Mortgage Deed of Trust specifies performance according to standards established by the Loan Agreement, then such specification shall mean the performance that would be required by the Borrower were the Borrower the owner of the Mortgaged Property and the Mortgagor Grantor hereunder. Notwithstanding anything to the contrary contained herein, the lien and security interest granted to Agent Beneficiary pursuant to this Mortgage Deed of Trust and the exercise of any right or remedy by Agent Beneficiary hereunder are subject to the provisions of the Term Loan Intercreditor Agreement. In the event of any conflict or inconsistency between the terms and provisions of the Term Loan Intercreditor Agreement and the terms and provisions of this MortgageDeed of Trust, the terms and provisions of the Term Loan Intercreditor Agreement shall govern and control.
Appears in 7 contracts
Samples: First Lien Indemnity Deed of Trust (Green Plains Inc.), First Lien Deed of Trust (Green Plains Inc.), First Lien Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing Statement (Green Plains Inc.)
