Mortgaged Lease. (i) The Mortgagor shall punctually and properly perform, observe and otherwise comply with each and every covenant, agreement, requirement and condition set forth in the Mortgaged Lease and do or cause to be done all things necessary or appropriate to keep the Mortgaged Lease in full force and effect and to preserve and keep unimpaired the rights of the Mortgagor thereunder. Upon request of the Mortgagee, the Mortgagor shall, subject to the terms of the Mortgaged Lease, request from the Lessor an estoppel certificate, addressed to the Mortgagee, stating that there is no default under the Mortgaged Lease, or any state of facts which, with the passage of time or notice or both, would constitute a default thereunder, or if there be any default under the Mortgaged Lease, giving the details thereof.
(ii) In the event the Mortgagor acquires the fee simple title or any other estate or interest in the property subject to the Mortgaged Lease, such acquisition will not merge with the leasehold estate created by the Mortgaged Lease, but such other estate or interest will remain discrete and immediately become subject to the Lien of this Mortgage, and the Mortgagor shall execute, acknowledge and deliver any instruments requested by the Mortgagee to confirm the coverage of the Lien evidenced hereby upon such other estate or interest. The Mortgagor shall pay any and all conveyance or mortgage taxes and filing or similar fees in connection with the execution, delivery, filing or recording of any such instrument.
(iii) The Mortgagor shall promptly notify the Mortgagee in writing of the occurrence of any default (or any event which, with the lapse of time or notice or both, would constitute a default) on the part of or caused by any party to the Mortgaged Lease. If for any reason the Mortgagor cannot timely make any payment under the Mortgaged Lease or perform or comply with any of its obligations under the Mortgaged Lease, the Mortgagor shall notify the Mortgagee in sufficient time to enable the Mortgagee (but the Mortgagee shall not be obligated) timely to make such payments and/or to perform or comply with such other obligations. On receipt by the Mortgagee from the Mortgagor pursuant to this subsection 14.20(iii), or from the Lessor under the Mortgaged Lease, of any such notice of default by, or inability to make any payment by, the Mortgagor thereunder, the Mortgagee may rely thereon and, after reasonable notice to the Mortgagor, take such action as the Mortgagee deem...
Mortgaged Lease. 40 SECTION 14.21 Gaming Authorities..........................................................42 SIGNATURE.................................................................................S-1 ACKNOWLEDGMENTS SCHEDULE A Legal Description SCHEDULE B Mortgaged Lease SCHEDULE C Prior Liens SCHEDULE D Leases EXHIBIT 1 Form of Subordination, Non-Disturbance and Attornment Agreement FIRST FEE AND LEASEHOLD MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING THIS FIRST FEE AND LEASEHOLD MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING (the "Mortgage"), dated as of March 25, 2003, made by XXXXX XXXXXX ASSOCIATES, L.P. (f/k/a Trump's Castle Associates, L.P.), a New Jersey limited partnership having an office at Xxxxx Xxxxxx xxx Xxxxxxxxxx Xxxx., Xxxxxxxx Xxxx, Xxx Xxxxxx 00000, as mortgagor, assignor and debtor (in such capacities and together with any successors in such capacities, the "Mortgagor"), in favor of U.S. BANK NATIONAL ASSOCIATION, a national banking association, having an office at 000 Xxxx Xxxxx Xxxxxx, Xx. Xxxx, Minnesota 55101 ("U.S. Bank"), in its capacity as collateral agent pursuant to the Priority Intercreditor Agreement (as hereinafter defined) (the "Collateral Agent"), and as mortgagee, assignee and secured party hereunder (in such capacities and together with any successors in such capacities, the "Mortgagee").
Mortgaged Lease. 46 SECTION 14.22
Mortgaged Lease. 12 SECTION 3.8. Treatment of Mortgaged Lease in Bankruptcy..................................... 14 SECTION 3.9. Rejection of Mortgaged Lease by Landlord....................................... 15 SECTION 3.10. Assignment of Claims to Mortgagee.............................................. 15 SECTION 3.11. New Lease Issued to Mortgagee.................................................. 16
Mortgaged Lease. Premises;
Mortgaged Lease. That certain [DESCRIBE LEASE] dated [ ], pursuant to which Grantor leases all or a portion of the Real Property from [NAME OF LANDLORD], a memorandum of which was recorded with the [FILING OFFICE], together with all assignments, modifications, extensions and renewals of the Mortgaged Lease and all credits, deposits, options, privileges and rights of Grantor as tenant under the Mortgaged Lease, including, but not limited to, rights of first refusal, if any, the rights, if any, to renew or extend the Mortgaged Lease for a succeeding term or terms and the option to purchase, if any, all or any portion of the premises described under the Mortgaged Lease].
Mortgaged Lease. 11 Article IV CERTAIN COVENANTS OF MORTGAGOR
Mortgaged Lease. Mortgagor represents, warrants and covenants the following with respect to the Mortgaged Lease:
Mortgaged Lease. 39 SIGNATURE ACKNOWLEDGMENTS SCHEDULE A Legal Description SCHEDULE B Prior Liens SCHEDULE C Leases EXHIBIT 1 Form of Subordination, Non-Disturbance and Attornment Agreement LEASEHOLD MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING LEASEHOLD MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING (as amended, amended and restated, supplemented or otherwise modified from time to time, the "Mortgage"), dated as of February __, 2002, made -------- by HOUMA TRUCK PLAZA & CASINO, L.L.C., a Louisiana limited liability company having an office at 0000 X. Xxxxx Xxxxxx, Xxxxx 0, Xxxxxx Xxxxxxx, Louisiana 70726, as mortgagor, assignor and debtor (in such capacities and together with any successors in such capacities, the "Mortgagor"), in favor of XXXXX FARGO --------- BANK MINNESOTA, NATIONAL ASSOCIATION, a national banking association having an office at 000 Xxxxx Xxxxxx, Xxxxx 000, Xxxxxxxxxx, XX 00000, in its capacity as trustee pursuant to the Indenture (as hereinafter defined), as mortgagee, assignee and secured party (in such capacities and together with any successors in such capacities, the "Mortgagee"). ---------
Mortgaged Lease
