Common use of Mortgagor's Obligations Absolute Clause in Contracts

Mortgagor's Obligations Absolute. Mortgagor acknowledges that Lender and/or certain Affiliates of Lender are engaged in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Mortgagor. Except as set forth to the contrary in the Loan Documents, all sums payable by Mortgagor hereunder shall be paid without notice or demand, counterclaim, set-off, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Mortgagor hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking of the Property or any portion thereof or any other Cross-collateralized Property; (b) any restriction or prevention of or interference with any use of the Property or any portion thereof or any other Cross-collateralized Property; (c) any title defect or encumbrance or any eviction from the Premises or any portion thereof by title paramount or otherwise; (d) any bankruptcy proceeding relating to Mortgagor, any General Partner, or any guarantor or indemnitor, or any action taken with respect to this Security Instrument or any other Loan Document by any trustee or receiver of Mortgagor or any other Cross-collateralized Mortgagor or any such General Partner, guarantor or indemnitor, or by any court, in any such proceeding; (e) any claim which Mortgagor has or might have against Lender; (f) any default or failure on the part of Lender to perform or comply with any of the terms hereof or of any other agreement with Mortgagor or any other Cross-collateralized Mortgagor; or (g) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Mortgagor shall have notice or knowledge of any of the foregoing.

Mortgagor's Obligations Absolute. Mortgagor acknowledges that Lender and/or certain Affiliates of Lender are engaged in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Mortgagor. Except as set forth to the contrary in the Loan Documents, all All sums payable by Mortgagor hereunder shall be paid without notice or notice, demand, counterclaim, set-offsetoff, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Mortgagor hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of: (a) except as otherwise provided in this Mortgage, any damage to or destruction of or any Taking condemnation or similar taking of the Mortgaged Property or any portion thereof or any other Cross-collateralized Propertythereof; (b) any restriction or prevention of or interference with any use of the Mortgaged Property or any portion thereof or any other Cross-collateralized Propertythereof; (c) any title defect or encumbrance or any eviction from the Premises or any portion thereof by title paramount or otherwise; (d) any bankruptcy proceeding Bankruptcy Proceeding relating to Mortgagor, any General Partnergeneral partner of Mortgagor, or any guarantor or indemnitor, or any action taken with respect to this Security Instrument Mortgage or any other Loan Document by any trustee or receiver of Mortgagor or any other Cross-collateralized Mortgagor or any such General Partnergeneral partner, guarantor or indemnitor, or by any court, in any such proceeding; (e) any claim which Mortgagor has or might have against Lender; (f) any default or failure on the part of Lender to perform or comply with any of the terms hereof or of any other agreement with Mortgagor or any other Cross-collateralized Mortgagor; or (g) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Mortgagor shall have notice or knowledge of any of the foregoing. Except as expressly provided herein, Mortgagor waives all rights now or hereafter conferred by statute or otherwise to any abatement, suspension, deferment, diminution or reduction of any sum secured hereby and payable by Mortgagor.

Mortgagor's Obligations Absolute. The obligations of the Mortgagor acknowledges that Lender and/or certain Affiliates of Lender are engaged under this Agreement shall be absolute and unconditional and shall remain in the business of financing, owning, operating, leasing, managingfull force and effect without regard to, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Mortgagor. Except as set forth to the contrary in the Loan Documents, all sums payable by Mortgagor hereunder shall be paid without notice or demand, counterclaim, set-off, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Mortgagor hereunder shall in no way not be released, dischargeddischarged or in any way affected by: (i) any amendment to, modification of, supplement to or extension or renewal of the Note, the Loan Agreement, the Operative Documents, or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking of the Property or any portion thereof Lease, or any other Cross-collateralized Property; (b) agreement or indebtedness secured hereby, or any restriction resort to or prevention release of or interference with any use part of the Property or any portion thereof Collateral or any other Cross-collateralized Propertycollateral now or hereafter held as security for the payment thereof; (cii) any title defect exercise or encumbrance nonexercise of any power, right or any eviction from remedy granted under this Agreement, the Premises or any portion thereof by title paramount or otherwise; (d) any bankruptcy proceeding relating to MortgagorLoan Agreement, any General Partnerother Operative Document, or the Lease, or any guarantor other agreement or indemnitorindebtedness secured hereby, or available under any Applicable Law, or any waiver, consent, extension, indulgence or other action taken with or inaction in respect to this Security Instrument or of any other Loan Document by any trustee or receiver of Mortgagor or any other Cross-collateralized Mortgagor or any such General Partner, guarantor or indemnitor, or by any court, in any such proceedingthereof; (eiii) any claim which Mortgagor has insolvency, bankruptcy, reorganization, arrangement, liquidation, winding-up or might have against Lender; (f) any default similar proceeding of or failure on affecting the part of Lender to perform Mortgagor, the Borrower or comply with any of the terms hereof or of any other agreement with Mortgagor or any other Cross-collateralized Mortgagor; Lessee or (giv) any other occurrence whatsoever, whether similar act or dissimilar omission or delay to do any other act that may vary the foregoing, whether or not Mortgagor shall have notice or knowledge of any risk of the foregoingMortgagor or the Lessee or otherwise operate as a discharge of the obligations of the Mortgagor hereunder, or the Lessee under any agreement with the Mortgagee or otherwise. This Agreement shall continue to be effective or shall be reinstated, as the case may be, if at any time payment (or any part thereof) of the indebtedness secured hereby is rescinded or must otherwise be restored or returned by the Mortgagee upon the insolvency, bankruptcy or reorganization of the Mortgagor or the Borrower or otherwise, as though such payment had not been made.

Mortgagor's Obligations Absolute. Mortgagor acknowledges that Lender and/or certain Affiliates of Lender are engaged in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Mortgagor. Except as expressly set forth to the contrary in the Loan Documents, all sums payable by Mortgagor hereunder shall be paid without notice or demand, counterclaim, set-offsetoff, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Mortgagor hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking taking of the Property or any portion thereof or any other Cross-collateralized Propertythereof; (b) any restriction or prevention of or interference with any use of the Property or any portion thereof or any other Cross-collateralized Propertythereof; (c) any title defect or encumbrance or any eviction from the Premises Property or any portion thereof by title paramount or otherwise; (d) any bankruptcy proceeding relating to Mortgagor, any General Partnergeneral partner, member, or shareholder, or any guarantor or indemnitor, or any action taken with respect to this Security Instrument Mortgage or any other Loan Document by any trustee or receiver of Mortgagor or any other Cross-collateralized Mortgagor or any such General Partnergeneral partner, member, shareholder, guarantor or indemnitor, or by any court, in any such proceeding; (e) any claim which Mortgagor has or might have against LenderMortgagee; (f) any default or failure on the part of Lender Mortgagee to perform or comply with any of the terms hereof or of any other agreement with Mortgagor or any other Cross-collateralized Mortgagor; or (g) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Mortgagor shall have notice or knowledge of any of the foregoing.