Mortgages or Deeds of Trust Sample Clauses

Mortgages or Deeds of Trust. Developer shall not enter into any mortgage or deed of trust (“Mortgage”) for any non-Property or non-Project purpose with respect to any Phase prior to Infrastructure Completion for such Phase. For clarity but without limitation, Developer and all successor owners and ground lessees may at any time enter into a Mortgage for the purpose of (a) securing one or more loans of funds to be used for the acquisition of the Property or portions thereof, (b) the construction of any Initial Infrastructure or other Improvements, (c) any other expenditures necessary or appropriate to develop the Project in accordance with this Agreement, (d) any other bona fide use necessary or appropriate for the development of the Property or the financing or refinancing of the Improvements, or (e) the placing of takeout or permanent financing for any of the foregoing.
Mortgages or Deeds of Trust duly executed and delivered by the Potential Borrower covering Real Estate owned by the Potential Borrower, and evidence satisfactory to Agent that such Mortgages or Deeds of Trust have been properly recorded in the appropriate jurisdictions;
Mortgages or Deeds of Trust. Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien, which has priority over this Deed of Trust to give Notice to Lender, at Lender’s address set forth on page one of this Deed of Trust of any default under the superior encumbrance and of any sale or other foreclosure action.

Related to Mortgages or Deeds of Trust

  • Trustee under Deed of Trust With respect to each Mortgage which is a deed of trust, as of the date of origination and, to the Mortgage Loan Seller’s knowledge, as of the Closing Date, a trustee, duly qualified under applicable law to serve as such, currently so serves and is named in the deed of trust or has been substituted in accordance with the Mortgage and applicable law or may be substituted in accordance with the Mortgage and applicable law by the related Mortgagee.

  • Deed of Trust If the related Mortgage is a deed of trust, a trustee, duly qualified under applicable law to serve as such, is properly designated and serving under such Mortgage.

  • Assignment of Leases and Rents There exists as part of the related Mortgage File an Assignment of Leases (either as a separate instrument or incorporated into the related Mortgage). Subject to the Permitted Encumbrances and the Title Exceptions, each related Assignment of Leases creates a valid first-priority collateral assignment of, or a valid first-priority lien or security interest in, rents and certain rights under the related lease or leases, subject only to a license granted to the related Mortgagor to exercise certain rights and to perform certain obligations of the lessor under such lease or leases, including the right to operate the related leased property, except as the enforcement thereof may be limited by the Standard Qualifications. The related Mortgage or related Assignment of Leases, subject to applicable law, provides that, upon an event of default under the Mortgage Loan, a receiver is permitted to be appointed for the collection of rents or for the related Mortgagee to enter into possession to collect the rents or for rents to be paid directly to the Mortgagee.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!