Common use of Mortgages and Other Liens Clause in Contracts

Mortgages and Other Liens. The Leasehold Mortgage creates a ------------------------- valid and enforceable first mortgage Lien on the Operator's leasehold title to the Facility as security for the repayment of the Indebtedness, subject only to the Permitted Encumbrances applicable to the Facility. Each Collateral Security Instrument executed by Operator establishes and creates a valid, subsisting and enforceable Lien on and a security interest in, or claim to, the rights and property described therein. All property covered by such Collateral Security Instrument which is subject to the UCC is subject to a UCC financing statement filed and/or recorded, as appropriate, (or irrevocably delivered to an agent for such recordation or filing) in all places necessary to perfect a valid first priority Lien with respect to the rights and property that are the subject of such Collateral Security Instrument to the extent governed by the UCC.

Appears in 3 contracts

Samples: Loan Agreement (Brookdale Living Communities Inc), Loan Agreement (Brookdale Living Communities Inc), Loan Agreement (Brookdale Living Communities Inc)

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Mortgages and Other Liens. The Mezzanine Leasehold Mortgage ------------------------- creates a ------------------------- valid and enforceable first second mortgage Lien on the Operator's leasehold title to the Facility as security for the repayment of the Indebtedness, subject only to the Permitted Encumbrances applicable to the Facility. Each Collateral Security Instrument executed by Operator establishes and creates a valid, subsisting and enforceable Lien on and a security interest in, or claim to, the rights and property described therein. All property covered by such Collateral Security Instrument which is subject to the UCC is subject to a UCC financing statement filed and/or recorded, as appropriate, (or irrevocably delivered to an agent for such recordation or filing) in all places necessary to perfect a valid first Lien (second in priority Lien to the First Mortgage Loan) with respect to the rights and property that are the subject of such Collateral Security Instrument to the extent governed by the UCC.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Brookdale Living Communities Inc)

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