Liens and Liabilities. Borrower shall pay, bond, or otherwise discharge all notices of lien of mechanics, materialmen, laborers, and others which, if the underlying claims or demands remain unpaid, would result in a lien or encumbrance on the Property or the Rents (collectively, “Liens”) and Borrower shall, at its sole expense, do everything necessary to preserve the lien and security interest created by this Instrument and its priority. Nothing in the Documents shall be deemed or construed as constituting the consent or request by Lender, express or implied, to any contractor, subcontractor, laborer, mechanic or materialman for the performance of any labor or the furnishing of any material for any improvement, construction, alteration, or repair of the Property. Borrower further agrees that Lender does not stand in any fiduciary relationship to Borrower. Any contributions made, directly or indirectly, to Borrower by or on behalf of any of its partners, members, principals or any party related to such parties shall be treated as equity and shall be subordinate and inferior to the rights of Lender under the Documents.
Appears in 2 contracts
Samples: Mortgage Agreement (60 East 42nd Street Associates L.L.C.), Second Priority Mortgage and Security Agreement (250 West 57th St Associates L.L.C.)
Liens and Liabilities. Borrower shall pay, bond, or otherwise discharge all notices of lien claims and demands of mechanics, materialmenmaterialman, laborers, and others which, if the underlying claims or demands remain unpaid, would might result in a lien or encumbrance on the Property or the Rents (collectively, “Liens”"LIENS") and Borrower shall, at its sole expense, do everything necessary to preserve the lien and security interest created by this Instrument and its priority. Nothing in the Documents shall be deemed or construed as constituting the consent or request by Lender, express or implied, to any contractor, subcontractor, laborer, mechanic or materialman for the performance of any labor or the furnishing of any material for any improvement, construction, alteration, or repair of the Property. Borrower further agrees that Lender does not stand in any fiduciary relationship to Borrower. Any contributions made, directly or indirectly, to Borrower by or on behalf of any of its partners, members, principals or any party related to such parties shall be treated as equity and shall be subordinate and inferior to the rights of Lender under the Documents.
Appears in 2 contracts
Samples: Mortgage and Security Agreement (Cornerstone Realty Income Trust Inc), Mortgage and Security Agreement (Cornerstone Realty Income Trust Inc)
Liens and Liabilities. Borrower shall pay, bond, or otherwise discharge all notices of lien of mechanics, materialmen, laborers, and others which, if the underlying claims or demands remain unpaid, would result in a lien or encumbrance on the Property or the Rents (collectively, “Liens”) and Borrower shall, at its sole expense, do everything necessary to preserve the lien and security interest created by this Instrument and its priority. Nothing in the Documents shall be deemed or construed as constituting the consent or request by Lender, express or implied, to any contractor, subcontractor, laborer, mechanic or materialman for the performance of any labor or the furnishing of any material for any improvement, construction, alteration, or repair of the Property. Borrower further agrees that Lender does not stand in any fiduciary relationship to Borrower. Any contributions made, directly or indirectly, to Borrower by or on behalf of any of its partners, members, principals or any party related to such parties shall be treated as equity and shall be subordinate and inferior to the rights of Lender under the Documents.. Prudential Loan 6 1xx xxx Xxxx (Second Funding)/ Mortgage
Appears in 2 contracts
Samples: Agreement of Spreader, Consolidation, and Modification of Mortgage and Security, Agreement of Spreader, Consolidation and Modification of Mortgage and Security Agreement (250 West 57th St Associates L.L.C.)
Liens and Liabilities. Borrower shall pay, bond, or otherwise discharge all notices of lien claims and demands of mechanics, materialmenmaterialman, laborers, and others which, if the underlying claims or demands remain unpaid, would might result in a lien or encumbrance on the Property or the Rents (collectively, “Liens”) and Borrower shall, at its sole expense, do everything necessary to preserve the lien and security interest created by this Instrument and its priority. Nothing in the Documents shall be deemed or construed as constituting the consent or request by LenderLxxxxx, express or implied, to any contractor, subcontractor, laborer, mechanic or materialman for the performance of any labor or the furnishing of any material for any improvement, construction, alteration, or repair of the Property. Borrower Bxxxxxxx further agrees that Lender Lxxxxx does not stand in any fiduciary relationship to BorrowerBxxxxxxx. Any All contributions made, directly or indirectly, to Borrower by or on behalf of any of its partners, members, principals or any party related to such parties shall be treated as equity and shall be subordinate and inferior to the rights of Lender under the Documents.
Appears in 1 contract
Samples: Multi State Mortgage and Security Agreement (CNL Hotels & Resorts, Inc.)
Liens and Liabilities. Borrower shall pay, bond, or otherwise discharge all notices of lien claims and demands of mechanics, materialmenmaterialman, laborers, and others which, if the underlying claims or demands remain unpaid, would might result in a lien or encumbrance on the Property or the Rents (collectively, “Liens”) and Borrower shall, at its sole expense, do everything necessary to preserve the lien and security interest created by this Instrument and its priority. Nothing in the Documents shall be deemed or construed as constituting the consent or request by LenderLender or Trustee, express or implied, to any contractor, subcontractor, laborer, mechanic or materialman for the performance of any labor or the furnishing of any material for any improvement, construction, alteration, or repair of the Property. Borrower further agrees that neither Lender does not stand nor Trustee stands in any fiduciary relationship to Borrower. Any All contributions made, directly or indirectly, to Borrower by or on behalf of any of its partners, members, principals or any party related to such parties shall be treated as equity and shall be subordinate and inferior to the rights of Lender under the Documents.
Appears in 1 contract
Samples: Deed of Trust, Security Agreement and Fixture Filing (CNL Hotels & Resorts, Inc.)
Liens and Liabilities. Borrower shall pay, bond, or otherwise discharge all notices of lien claims and demands of mechanics, materialmen, laborers, and others which, if the underlying claims or demands remain unpaid, would might result in a lien or encumbrance on the Property or the Rents (collectively, “Liens”) and Borrower shall, at its sole expense, do everything necessary to preserve the lien and security interest created by this Instrument and its priority. Nothing in the Documents shall be deemed or construed as constituting the consent or request by LenderLender or Trustee, express or implied, to any contractor, subcontractor, laborer, mechanic or materialman for the performance of any labor or the furnishing of any material for any improvement, construction, alteration, or repair of the Property. Borrower Xxxxxxxx further agrees that Lender does not stand neither Xxxxxx nor Trustee stands in any fiduciary relationship to BorrowerXxxxxxxx. Any contributions made, directly or indirectly, to Borrower by or on behalf of any of its partners, members, principals or any party related to such parties shall be treated as equity and shall be subordinate and inferior to the rights of Lender under the Documents.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (Hines Real Estate Investment Trust Inc)
Liens and Liabilities. Borrower shall (or shall cause the Master Tenant to) pay, bond, or otherwise discharge all notices of lien claims and demands of mechanics, materialmen, laborers, and others which, if the underlying claims or demands remain unpaid, would might result in a lien or encumbrance on the Property or the Rents (collectively, “Liens”) and Borrower shall, at its sole expense, do everything necessary to preserve the lien and security interest created by this Instrument and its priority. Nothing in the Documents shall be deemed or construed as constituting the consent or request by LenderLender or Trustee, express or implied, to any contractor, subcontractor, laborer, mechanic or materialman for the performance of any labor or the furnishing of any material for any improvement, construction, alteration, or repair of the Property. Borrower further agrees that neither Lender does not stand nor Trustee stands in any fiduciary relationship to Borrower. Any contributions made, directly or indirectly, to Borrower by or on behalf of any of its partners, members, principals or any party related to such parties shall be treated as equity and shall be subordinate and inferior to the rights of Lender under the Documents.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (CNL Income Properties Inc)
Liens and Liabilities. Borrower shall pay, bond, or otherwise discharge all notices of lien claims and demands of mechanics, materialmenmaterialman, laborers, and others which, if the underlying claims or demands remain unpaid, would might result in a lien or encumbrance on the Property or the Rents (collectively, “Liens”) and Borrower shall, at its sole expense, do everything necessary to preserve the lien and security interest created by this Instrument and its priority. Nothing in the Documents shall be deemed or construed as constituting the consent or request by Lender, express or implied, to any contractor, subcontractor, laborer, mechanic or materialman for the performance of any labor or the furnishing of any material for any improvement, construction, alteration, or repair of the Property. Borrower further agrees that Lender does not stand in any fiduciary relationship to Borrower. Any All contributions made, directly or indirectly, to Borrower by or on behalf of any of its partners, members, principals or any party related to such parties shall be treated as equity and shall be subordinate and inferior to the rights of Lender under the Documents.
Appears in 1 contract
Liens and Liabilities. Borrower shall pay, bond, or otherwise discharge all notices of lien claims and demands of mechanics, materialmenmaterialman, laborers, and others which, if the underlying claims or demands remain unpaid, would might result in a lien or encumbrance on the Property or the Rents (collectively, “Liens”) and Borrower shall, at its sole expense, do everything necessary to preserve the lien and security interest created by this Instrument and its priority. Nothing in the Documents shall be deemed or construed as constituting the consent or request by LenderLender or Trustee, express or implied, to any contractor, subcontractor, laborer, mechanic or materialman for the performance of any labor or the furnishing of any material for any improvement, construction, alteration, or repair of the Property. Borrower Bxxxxxxx further agrees that Lender does not stand neither Lxxxxx nor Trustee stands in any fiduciary relationship to BorrowerBxxxxxxx. Any All contributions made, directly or indirectly, to Borrower by or on behalf of any of its partners, members, principals or any party related to such parties shall be treated as equity and shall be subordinate and inferior to the rights of Lender under the Documents.
Appears in 1 contract
Samples: Deed of Trust, Security Agreement and Fixture Filing (CNL Hotels & Resorts, Inc.)