Mortgage Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Site or any portion thereof by a Mortgagee (whether pursuant to a Mortgage, foreclosure, trustee’s sale, deed in lieu of foreclosure or otherwise) shall be subject to all of the terms and conditions of this Agreement.
Appears in 10 contracts
Samples: Development Agreement, Development Agreement, Development Agreement
Mortgage Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Site Property or any portion thereof by a Mortgagee (whether pursuant to a Mortgage, foreclosure, trustee’s sale, deed in lieu of foreclosure or otherwise) shall be subject to all of the terms and conditions of this Agreement.
Appears in 4 contracts
Samples: Development Agreement, Development Agreement, Development Agreement
Mortgage Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith binding and for valueeffective against the Mortgagee and every owner of the Property, and any acquisition or acceptance of part thereof, whose title or any right or interest in or with respect to the Site or any portion thereof thereto is acquired by a Mortgagee (whether pursuant to a Mortgage, foreclosure, trustee’s sale, deed in lieu of foreclosure trustee sale or otherwise) ; provided, however, Mortgagee and such owner shall not be subject responsible for any matters that occurred prior to all their acquisition of the terms and conditions of this AgreementProperty or such portion.
Appears in 1 contract
Samples: Development Agreement
Mortgage Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Site Property or any portion thereof by a Mortgagee (whether pursuant to a Mortgage, foreclosure, trustee’s 's sale, deed in lieu of foreclosure or otherwise) shall be subject to all of the terms and conditions of this Agreement.
Appears in 1 contract
Samples: Development Agreement