Invalidity of Certain Provisions. If the lien of this Deed of Trust is invalid or unenforceable as to any part of the indebtedness or obligations secured hereby, or if such lien is invalid or unenforceable as to any part of the Mortgaged Property, the unsecured or partially secured portion of such indebtedness and obligations shall be completely paid prior to the payment of the remaining and secured or partially secured portion, and all payments made, whether voluntary or under foreclosure or other enforcement action or procedure, shall be considered to have been first paid on and applied to the full payment of that portion of such indebtedness and obligations that is not secured or not fully secured by the lien of this Deed of Trust. The invalidity of any provision of this Deed of Trust shall not affect the remaining provisions of this Deed of Trust or any part thereof and this Deed of Trust shall be construed as if such invalid provision, if any, had not been inserted herein.
Appears in 2 contracts
Samples: Deed of Trust (Icg Holdings Inc), Deed of Trust (Icg Services Inc)
Invalidity of Certain Provisions. Every provision of this Deed of Trust is intended to be severable. In any event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable. If the lien of this Deed of Trust is invalid or unenforceable as to any part of the indebtedness or obligations secured herebydebt, or if such the lien is invalid or unenforceable as to any part of the Mortgaged PropertyTrust Estate, the unsecured or partially secured unsecured portion of such indebtedness and obligations the debt shall be completely paid prior to the payment of the remaining and secured or partially secured portionportion of the debt, and all payments mademade on the debt, whether voluntary or under foreclosure or other enforcement action or procedure, shall be considered to have been first paid on and applied to the full payment of that portion of such indebtedness and obligations that the debt which is not secured or not fully secured by the lien of this Deed of Trust. The invalidity of any provision of this Deed of Trust shall not affect the remaining provisions of this Deed of Trust or any part thereof and this Deed of Trust shall be construed as if such invalid provision, if any, had not been inserted herein.
Appears in 2 contracts
Samples: Deed of Trust, Security Agreement, Financing Statement and Fixture Filing (Can Cal Resources LTD), Deed of Trust, Security Agreement, Financing Statement and Fixture Filing (Can Cal Resources LTD)
Invalidity of Certain Provisions. Every provision of this Deed of Trust is intended to be severable. In the event any term or provision hereof is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such illegality, invalidity, or unenforceability shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable. If the lien of this Deed of Trust is invalid or unenforceable as to any part of the indebtedness or obligations secured herebydebt, or if such the lien is invalid or unenforceable as to any part of the Mortgaged Property, the unsecured or partially secured portion of such indebtedness and obligations the debt shall be completely paid prior to the payment of the remaining and secured or partially secured portionportion of the debt, and all payments mademade on the debt, whether voluntary or under by trustee's sale, judicial foreclosure or other enforcement action or procedure, shall be considered to have been first paid on and applied to the full payment of that portion of such indebtedness and obligations that the debt which is not secured or not fully secured by the lien of this Deed of Trust. The invalidity of any provision of this Deed of Trust shall not affect the remaining provisions of this Deed of Trust or any part thereof and this Deed of Trust shall be construed as if such invalid provision, if any, had not been inserted herein.
Appears in 1 contract
Samples: Deed of Trust (Packaged Ice Inc)
Invalidity of Certain Provisions. Every provision of this Deed of Trust is intended to be severable. In the event any term or provision hereof is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such illegality, invalidity or unenforceability shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable. If the lien of this Deed of Trust is invalid or unenforceable as to any part of the indebtedness or obligations secured herebydebt, or if such the lien is invalid or unenforceable as to any part of the Mortgaged PropertyCollateral, the unsecured or partially secured portion of such indebtedness and obligations the debt shall be completely paid prior to the payment of the remaining and secured or partially secured portionportion of the debt, and all payments mademade on the debt, whether voluntary or under foreclosure or other enforcement action or procedure, shall be considered to have been first paid on and applied to the full payment of that portion of such indebtedness and obligations that the debt which is not secured or not fully secured by the lien of this Deed of Trust. The invalidity of any provision of this Deed of Trust shall not affect the remaining provisions of this Deed of Trust or any part thereof and this Deed of Trust shall be construed as if such invalid provision, if any, had not been inserted herein.
Appears in 1 contract
Samples: Deed of Trust (NGA Holdco, LLC)
Invalidity of Certain Provisions. Every provision of this Deed of Trust is intended to be severable. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable. If the lien of this Deed of Trust is invalid or unenforceable as to any part of the indebtedness or obligations secured herebydebt, or if such the lien is invalid or unenforceable as to any part of the Mortgaged PropertyTrust Estate, the unsecured or partially secured unsecured portion of such indebtedness and obligations the debt shall be completely paid prior to the payment of the remaining and secured or partially secured portionportion of the debt, and all payments mademade on the debt, whether voluntary or under foreclosure or other enforcement action or procedure, shall be considered to have been first paid on and applied to the full payment of that portion of such indebtedness and obligations that the debt which is not secured or not fully secured by the lien of this Deed of Trust. The invalidity of any provision of this Deed of Trust shall not affect the remaining provisions of this Deed of Trust or any part thereof and this Deed of Trust shall be construed as if such invalid provision, if any, had not been inserted herein.
Appears in 1 contract
Samples: Indenture (Ormat Technologies, Inc.)
Invalidity of Certain Provisions. Every provision of this Deed of Trust is intended to be severable. In the event any term or provision hereof is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such illegality, invalidity or unenforceability shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable. If the lien of this Deed of Trust is invalid or unenforceable as to any part of the indebtedness or obligations secured herebydebt, or if such the lien is invalid or unenforceable as to any part of the Mortgaged PropertyTrust Estate, the unsecured or partially secured portion of such indebtedness and obligations the debt shall be completely paid prior to the payment of the remaining and secured or partially secured portionportion of the debt, and all payments mademade on the debt, whether voluntary or under foreclosure or other enforcement action or procedure, shall be considered to have been first paid on and applied to the full payment of that portion of such indebtedness and obligations that the debt which is not secured or not fully secured by the lien of this Deed of Trust. The invalidity of any provision of this Deed of Trust shall not affect the remaining provisions of this Deed of Trust or any part thereof and this Deed of Trust shall be construed as if such invalid provision, if any, had not been inserted herein.
Appears in 1 contract
Invalidity of Certain Provisions. Every provision of this Security Deed is intended to be severable. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable. If the lien of this Security Deed of Trust is invalid or unenforceable as to any part of the indebtedness or obligations secured herebyIndebtedness, or if such the lien is invalid or unenforceable as to any part of the Mortgaged PropertyCollateral, the unsecured or partially secured portion of such indebtedness and obligations the Indebtedness shall be completely paid prior to the payment of the remaining and secured or partially secured portionportion of the Indebtedness, and all payments mademade on the debt, whether voluntary or under foreclosure or other enforcement action or procedure, shall be considered to have been first paid on and applied to the full payment of that portion of such indebtedness and obligations that the Indebtedness which is not secured or not fully secured by the lien of this Deed of Trust. The invalidity of any provision of this Deed of Trust shall not affect the remaining provisions of this Deed of Trust or any part thereof and this Deed of Trust shall be construed as if such invalid provision, if any, had not been inserted hereinSecurity Deed.
Appears in 1 contract
Samples: Credit Agreement (Blue Bird Corp)
Invalidity of Certain Provisions. Every provision of this Deed of Trust is intended to be severable. In the event any term or provision hereof is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such illegality, invalidity or unenforceability shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable. If the lien of this Deed of Trust is invalid or unenforceable as to any part of the indebtedness or obligations secured herebydebt, or if such the lien is invalid or unenforceable as to any part of the Mortgaged PropertyTrust Estate, the unsecured or partially secured portion of such indebtedness and obligations the debt shall be completely paid prior to the payment of of, the remaining and secured or partially secured portionportion of the debt, and all payments mademade on the debt, whether voluntary or under foreclosure or other enforcement action or procedure, shall be considered to have been first paid on and applied to the full payment of that portion of such indebtedness and obligations that the debt which is not secured or not fully secured by the lien of this Deed of Trust. The invalidity of any provision of this Deed of Trust shall not affect the remaining provisions of this Deed of Trust or any part thereof and this Deed of Trust shall be construed as if such invalid provision, if any, had not been inserted herein.
Appears in 1 contract
Samples: Deed of Trust (Emeritus Corp\wa\)