Common use of Mortgage and Subordination Clause in Contracts

Mortgage and Subordination. A. Lessee shall keep the Premises free from any liens for work performed, materials furnished or obligations incurred by Lessee. Lessee shall do all things necessary to prevent the filing of any mechanic's or other liens against the Premises or the interest of Lessor or any ground or underlying lessors thereof, or the interest of any mortgagees or holders of any deeds of trust covering any portion of the Premises by reason of any work, labor, services, or materials performed or supplied or claimed to have been performed for or supplied to Lessee or anyone holding the Premises, or any part thereof, by, through or under Lessee. If any such lien shall at any time be filed, Lessee shall either cause the same to be vacated and canceled of record within ten (10) days after the date of filing thereof or, if Lessee in good faith determines that such lien should be contested, Lessee shall furnish such security, by surety bond or otherwise, as may be reasonably necessary or be prescribed by law to release the same as a lien and to prevent any foreclosure of such lien during the pendency of such contest. If Lessee shall fail to vacate or release such lien in the manner and within the time period aforesaid, such failure shall be a Default, and in addition to all other rights and remedies available to Lessor resulting therefrom, Lessor may, but shall not be under any obligation to, vacate or release said lien either by paying the amount claimed to be due, or by, procuring the release of such lien by giving security or in such other manner as may be prescribed by law. Lessee shall reimburse Lessor, upon demand, all sums disbursed or deposited by Lessor pursuant to the foregoing provisions of this paragraph, including Lessor's costs and expenses and reasonable attorneys' fees incurred in connection therewith, with interest thereon at the Default Rate. However, nothing contained herein shall imply consent or be construed as an agreement on the part of Lessor or any ground or underlying lessors, or mortgagees, or holders of deeds of trust covering any portion of the Premises, to subject their respective estates or interests to liability under any mechanic's or other lien law, whether or not the performance or the furnishing of such work, labor, services or materials to Lessee or anyone holding the Premises, or any part thereof, through or under Lessee, shall have been consented to by Lessor or any of such parties.

Mortgage and Subordination. A. Lessee shall keep the Premises free from any liens for work performed, materials furnished or obligations incurred by Lessee. Lessee shall do all things necessary to prevent the filing of any mechanic's or other liens against the Premises or the interest of Lessor or any ground or underlying lessors thereof, or the interest of any mortgagees or holders of any deeds of trust covering any portion of the Premises by reason of any work, labor, services, or materials performed or supplied or claimed to have been performed for or supplied to Lessee or anyone holding the Premises, or any part thereof, by, through or under Lessee. If any such lien shall at any time be filed, Lessee shall either cause the same to be vacated and canceled of record within ten (10) days after the date of filing thereof or, if Lessee in good faith determines that such lien should be contested, Lessee shall furnish such security, by surety bond or otherwise, as may be reasonably necessary or be prescribed by law to release the same as a lien and to prevent any foreclosure of such lien during the pendency of such contest. If Lessee shall fail to vacate or release such lien in the manner and within the time period aforesaid, such failure shall be a Default, and in addition to all other rights and remedies available to Lessor resulting therefrom, Lessor may, but shall not be under any obligation to, vacate or release said lien either by paying the amount claimed to be due, or by, by procuring the release of such lien by giving security or in such other manner as may be prescribed by law. Lessee shall reimburse Lessor, upon demand, all sums disbursed or deposited by Lessor pursuant to the foregoing provisions of this paragraph, including Lessor's costs and expenses and reasonable attorneys' fees incurred in connection therewith, with interest thereon at the Default Rate. However, nothing contained herein shall imply consent or be construed as an agreement on the part of Lessor or any ground or underlying lessors, or mortgagees, or holders of deeds of trust covering any portion of the Premises, to subject their respective estates or interests to liability under any mechanic's or other lien law, whether or not the performance or the furnishing of such work, labor, services or materials to Lessee or anyone holding the Premises, or any part thereof, through or under Lessee, shall have been consented to by Lessor or any of such parties.

Mortgage and Subordination. A. Lessor's interest in this Lease, the Equipment or the Premises shall not be subordinate to any encumbrances placed upon the Premises by or resulting from any act of Lessee, and nothing herein contained shall be construed to require such subordination by Lessor. Lessee shall keep the Premises free from any liens for work performed, materials furnished or obligations incurred by Lessee. Lessee NOTICE IS HEREBY GIVEN THAT LESSEE IS NOT AUTHORIZED TO PLACE ANY LIEN, MORTGAGE, DEED OF TRUST OR ENCUMBRANCE OF ANY KIND UPON ALL OR ANY PART OF THE PREMISES AND THE EQUIPMENT OF LESSEE'S LEASEHOLD INTEREST THEREIN, AND ANY SUCH PURPORTED TRANSACTION SHALL BE VOID. This Lease at all time shall do all things necessary be subordinated to prevent the filing of any mechanic's or other liens against the Premises or the interest of Lessor lien or any ground leases, mortgage, mortgages, trust deed or underlying lessors thereof, trust deeds now or the interest of any mortgagees or holders of any deeds of trust covering any portion of hereafter placed upon the Premises by reason of any work, labor, services, or materials performed or supplied or claimed to have been performed for or supplied to Lessee or anyone holding the Premises, or any part thereof, by, through or under Lessee. If any such lien shall at any time be filed, Lessee shall either cause the same to be vacated and canceled of record within ten (10) days after the date of filing thereof or, if Lessee in good faith determines that such lien should be contested, Lessee shall furnish such security, by surety bond or otherwise, as may be reasonably necessary or be prescribed by law to release the same as a lien and to prevent any foreclosure of such lien during the pendency of such contest. If Lessee shall fail to vacate or release such lien in the manner and within the time period aforesaid, such failure shall be a DefaultLessor, and in addition Lessee covenants and agrees to all other rights execute and remedies available to Lessor resulting therefrom, Lessor may, but shall not be under any obligation to, vacate or release said lien either by paying the amount claimed to be due, or by, procuring the release of such lien by giving security or in such other manner as may be prescribed by law. Lessee shall reimburse Lessordeliver, upon demand, all sums disbursed such further instruments subordinating this Lease to the lien of any such ground lease, mortgage, mortgages, trust deed or deposited trust deeds as shall be desired by Lessor, or any mortgagees or proposed mortgagees or trustees under trust deeds, upon the condition that Lessee shall have the right to remain in possession of the Premises under the terms of this Lease, notwithstanding any default in any such mortgage, mortgages, trust deed or trust deeds, or after foreclosure thereof so long as Lessee is not in default under any of the covenants, conditions and agreements contained in this Lease. If any mortgagee or trustee elects to have this Lease and the interest of Lessee hereunder be superior to any such interest or right and evidences such election by notice given to Lessee, then this Lease and the interest of Lessee hereunder shall be deemed superior to any such mortgage or trust deed, whether this Lease was executed before or after such mortgage or trust deed and in that event such mortgagee or trustee shall have the same rights with respect to this Lease as if it had been executed and delivered prior to the execution and delivery of the mortgage or trust deed and has been assigned to such mortgagee or trustee. Lessee shall execute and deliver whatever instruments may be required for such purposes, and in the event Lessee fails so to do within 10 days after demand in writing, Lessee does hereby make, constitute and irrevocably appoint Lessor's agent as its attorney-in-fact and in its name, place and stead so to do. Lessee shall give written notice to any mortgage lender having a recorded security instrument upon the Premises or any part thereof of any breach or default by Lessor pursuant of any of its obligations under this Lease and to the foregoing provisions of this paragraph, including Lessorgive such mortgage lender at least 60 days beyond any notice period to which Lessor might be entitled to cure such default before Lessee may exercise any remedy with respect thereto. Lessee shall provide Lessee's costs and expenses and reasonable attorneys' fees incurred in connection therewith, with interest thereon at the Default Rate. However, nothing contained herein shall imply consent or be construed as an agreement on the part of most recent audited financial statements upon request to Lessor or any ground or underlying lessors, or mortgagees, or holders of deeds of trust covering any portion of mortgage lender and to certify the Premises, to subject their respective estates or interests to liability under any mechanic's or other lien law, whether or not the performance or the furnishing continuing accuracy of such work, labor, services or materials to Lessee or anyone holding the Premises, or any part thereof, through or under Lessee, shall have been consented to by financial statements in such manner as Lessor or any of such partiesmortgage lender may request.

Mortgage and Subordination. A. Lessee shall (a) GELLC will have a lien upon the Business Lease, this Lease, the Subleases, all furnishings, fixtures, equipment, decoration, supplies, accessories and other personal property which CEDCO owns or in which it has an interest located on the Premises to secure the payment of all sums due thereunder and the performance of all other obligations of CEDCO under this Lease. CEDCO's interest in the Business Lease, this Lease, leasehold improvements or equipment will be subordinate to any encumbrances placed upon such assets only if by or at the written direction of GELLC pursuant to a release executed by GELLC. CEDCO agrees to execute such subordination documents as GELLC will from time to time require. CEDCO will keep the Premises free from any liens for work performed, materials furnished or obligations incurred without the prior written authorization from GELLC. Notwithstanding any other provision to the contrary, nothing herein shall entitle GELLC or any other entity to a lien on real property held by Lessee. Lessee shall do all things necessary the United States in trust for the Coquille Tribe, or to prevent a lien on any other property owned by the filing of United States and used by the Tribe, or on any mechanic's Tribal assets that, by federal statute or other regulation, are restricted or excluded from liens against or mortgages (specifically excepting those encumbrances approved by the Premises Secretary and those assets constructed or procured pursuant to this Lease or any transaction entered into in connection with this Lease or the interest of Lessor proceeds, profits or any ground or underlying lessors thereof, or the interest of any mortgagees or holders of any deeds of trust covering any portion of the Premises by reason of any work, labor, services, or materials performed or supplied or claimed to have been performed for or supplied to Lessee or anyone holding the Premises, or any part thereof, by, through or under Lessee. If any such lien shall at any time be filed, Lessee shall either cause the same rents to be vacated and canceled of record within ten (10) days after the date of filing thereof orderived hereof or therefrom). NOTICE IS HEREBY GIVEN THAT, if Lessee in good faith determines that such lien should be contestedEXCEPT TO THE EXTENT NECESSARY TO SECURE LOANS EXTENDED BY LESSEE OR AN AFFILIATE OF LESSEE, Lessee shall furnish such securityNEITHER LESSOR NOR ITS PREDECESSORS IN INTEREST ARE AUTHORIZED TO PLACE ANY LIEN, by surety bond or otherwiseMORTGAGE, as may be reasonably necessary or be prescribed by law to release the same as a lien and to prevent any foreclosure of such lien during the pendency of such contest. If Lessee shall fail to vacate or release such lien in the manner and within the time period aforesaidDEED OR TRUST OR ENCUMBRANCE OF ANY KIND UPON ALL OR ANY PART OF THE PREMISES, such failure shall be a DefaultIMPROVEMENTS, and in addition to all other rights and remedies available to Lessor resulting therefromEQUIPMENT OR LESSEE'S LEASEHOLD INTEREST THEREIN, Lessor may, but shall not be under any obligation to, vacate or release said lien either by paying the amount claimed to be due, or by, procuring the release of such lien by giving security or in such other manner as may be prescribed by law. Lessee shall reimburse Lessor, upon demand, all sums disbursed or deposited by Lessor pursuant to the foregoing provisions of this paragraph, including Lessor's costs and expenses and reasonable attorneys' fees incurred in connection therewith, with interest thereon at the Default Rate. However, nothing contained herein shall imply consent or be construed as an agreement on the part of Lessor or any ground or underlying lessors, or mortgagees, or holders of deeds of trust covering any portion of the Premises, to subject their respective estates or interests to liability under any mechanic's or other lien law, whether or not the performance or the furnishing of such work, labor, services or materials to Lessee or anyone holding the Premises, or any part thereof, through or under Lessee, shall have been consented to by Lessor or any of such partiesAND ANY SUCH PURPORTED TRANSACTION SHALL BE VOID WITHOUT A WRITTEN RELEASE FROM LESSEE.

Mortgage and Subordination. A. Lessee shall (a) GELLC will acquire a lien upon the Business Lease, the Master Lease, all furnishings, fixtures, equipment, decoration, supplies, accessories and other personal property which CEDCO owns or in which it has an interest located on the Premises to secure the payment of all sums due thereunder and the performance of all other obligations of CEDCO under this Lease, the Master Lease, the Business Lease, the Loan Agreement and related agreements. CEDCO's interest in the Business Lease, the Master Lease, this Lease, leasehold improvements or equipment will be subordinate to any encumbrances placed upon such assets only if placed by or at the written direction of GELLC pursuant to a release executed by GELLC. CEDCO agrees to execute such subordination documents as GELLC will from time to time require. CEDCO will keep the Premises free from any liens for work performed, materials furnished or obligations incurred without the prior written authorization from GELLC. Notwithstanding any other provision to the contrary, nothing herein shall entitle GELLC or any other entity to a lien on real property held by Lessee. Lessee shall do all things necessary the United States in trust for the Coquille Tribe, or to prevent a lien on any other property owned by the filing of United States and used by the Tribe, or on any mechanic's Tribal assets that, by federal statute or other regulation, are restricted or excluded from liens against or mortgage (specifically excepting those encumbrances approved by the Premises Secretary and those assets constructed or procured pursuant to thus Lease or any transaction entered into in connection with this Lease or the interest of Lessor proceeds, profits or any ground or underlying lessors thereof, or the interest of any mortgagees or holders of any deeds of trust covering any portion of the Premises by reason of any work, labor, services, or materials performed or supplied or claimed to have been performed for or supplied to Lessee or anyone holding the Premises, or any part thereof, by, through or under Lessee. If any such lien shall at any time be filed, Lessee shall either cause the same rents to be vacated and canceled of record within ten derived hereof or therefrom). NOTICE IS HEREBY GIVEN THAT, EXCEPT TO THE EXTENT NECESSARY TO SECURE LOANS EXTENDED BY LESSOR OR AN AFFILIATE OF LESSOR, NEITHER LESSEE NOR ITS PREDECESSORS IN INTEREST (10OTHER THAN LESSOR) days after the date of filing thereof orARE AUTHORIZED TO PLACE ANY LIEN, if Lessee in good faith determines that such lien should be contestedMORTGAGE, Lessee shall furnish such securityDEED OR TRUST OR ENCUMBRANCE OF ANY KIND UPON ALL OR ANY PART OF THE PREMISES, by surety bond or otherwiseIMPROVEMENTS, as may be reasonably necessary or be prescribed by law to release the same as a lien and to prevent any foreclosure of such lien during the pendency of such contest. If Lessee shall fail to vacate or release such lien in the manner and within the time period aforesaidEQUIPMENT OR LESSOR'S LEASEHOLD INTEREST THEREIN, such failure shall be a Default, and in addition to all other rights and remedies available to Lessor resulting therefrom, Lessor may, but shall not be under any obligation to, vacate or release said lien either by paying the amount claimed to be due, or by, procuring the release of such lien by giving security or in such other manner as may be prescribed by law. Lessee shall reimburse Lessor, upon demand, all sums disbursed or deposited by Lessor pursuant to the foregoing provisions of this paragraph, including Lessor's costs and expenses and reasonable attorneys' fees incurred in connection therewith, with interest thereon at the Default Rate. However, nothing contained herein shall imply consent or be construed as an agreement on the part of Lessor or any ground or underlying lessors, or mortgagees, or holders of deeds of trust covering any portion of the Premises, to subject their respective estates or interests to liability under any mechanic's or other lien law, whether or not the performance or the furnishing of such work, labor, services or materials to Lessee or anyone holding the Premises, or any part thereof, through or under Lessee, shall have been consented to by Lessor or any of such partiesAND ANY SUCH PURPORTED TRANSACTION SHALL BE VOID WITHOUT A WRITTEN RELEASE FROM LESSOR.

Mortgage and Subordination. A. Lessee This Lease at all times shall keep be subordinate to the Premises free from any liens for work performed, materials furnished or obligations incurred by Lessee. Lessee shall do all things necessary to prevent the filing lien of any mechanic's Mortgage or other liens against the Premises or the interest of Lessor or any ground or underlying lessors thereof, or the interest of any mortgagees or holders of any deeds of trust covering any portion of the Premises by reason of any work, labor, services, or materials performed or supplied or claimed to have been performed for or supplied to Lessee or anyone holding the Premises, or any part thereof, by, through or under Lessee. If any such lien shall at any time be filed, Lessee shall either cause the same to be vacated and canceled of record within ten (10) days after the date of filing thereof or, if Lessee in good faith determines that such lien should be contested, Lessee shall furnish such security, by surety bond or otherwise, as may be reasonably necessary or be prescribed by law to release the same as a lien and to prevent any foreclosure of such lien during the pendency of such contest. If Lessee shall fail to vacate or release such lien in the manner and within the time period aforesaid, such failure shall be a DefaultMortgages, and in addition Tenant covenants and agrees to all other rights execute and remedies available to Lessor resulting therefrom, Lessor may, but shall not be under any obligation to, vacate or release said lien either by paying the amount claimed to be due, or by, procuring the release of such lien by giving security or in such other manner as may be prescribed by law. Lessee shall reimburse Lessordeliver, upon demand, all sums disbursed or deposited by Lessor pursuant such further instruments subordinating this Lease to the foregoing provisions lien of any such Mortgage or Mortgages as shall be desired by Landlord or by any Lender or proposed Lender; provided that any such mortgagee shall deliver to Tenant at or prior to the time this Lease becomes subordinate, a non disturbance agreement in recordable form providing that Tenant shall have the right to remain in possession of the Premises under the terms of this paragraphLease, including Lessor's costs notwithstanding any default in such Mortgage or after foreclosure thereof, so long as Tenant is not in default under any of the covenants, conditions and expenses agreements contained in this Lease beyond any applicable grace periods, and reasonable attorneys' fees incurred in connection therewitha form otherwise reasonably acceptable to Tenant. In the event a Mortgagee elects to have this Lease a prior encumbrance to its Mortgage, with interest thereon at then and in such event upon such Mortgagee notifying Tenant to that effect this Lease shall be deemed a prior encumbrance to said Mortgage, whether this Lease is dated prior or subsequent to the Default Ratedate of said Mortgage. However"Mortgage" shall include associated financing statements, nothing security agreements and assignment of leases and/or rents. Notwithstanding anything contained herein shall imply consent or be construed as an agreement on to the part of Lessor or any ground or underlying lessorscontrary, or mortgagees, or holders of deeds of trust covering any portion of should Landlord refinance and/or replace the Mortgage originally placed upon the Premises, then the references, to subject their respective estates or interests to liability under any mechanic's or other lien law"Mortgage", whether or not the performance or the furnishing of such work, labor, services or materials to Lessee or anyone holding the Premises, or any part thereof, through or under Lessee"Mortgages" and "Mortgage Balance" within this Lease, shall have been consented not be to by Lessor such replaced and/or refinanced Mortgage, but rather all such references and all application of the subject Lease Sections shall be made as if the original Mortgage had remained in place without satisfaction, replacement or any otherwise refinanced, including the continuation of such partiesthe original Mortgage debts amortization.