Multiple Security. If (a) the Premises shall consist of one or more parcels, whether or not contiguous and whether or not located in the same county, or (b) in addition to this Mortgage, Mortgagee shall now or hereafter hold one or more additional mortgages, liens, deeds of trust or other security (directly or indirectly) for the Indebtedness upon other property in the State in which the Premises are located (whether or not such property is owned by Mortgagor or by others) or (c) both the circumstances described in clauses (a) and (b) shall be true, then to the fullest extent permitted by law, Mortgagee may, at its election, commence or consolidate in a single foreclosure action all foreclosure proceedings against all such collateral securing the Indebtedness (including the Mortgaged Property), which action may be brought or consolidated in the courts of any county in which any of such collateral is located. Mortgagor acknowledges that the right to maintain a consolidated foreclosure action is a specific inducement to Mortgagee to extend the Indebtedness, and Mortgagor expressly and irrevocably waives any objections to the commencement or consolidation of the foreclosure proceedings in a single action and any objections to the laying of venue or based on the grounds of forum non conveniens which it may now or hereafter have. Mortgagor further agrees that if Mortgagee shall be prosecuting one or more foreclosure or other proceedings against a portion of the Mortgaged Property or against any collateral other than the Mortgaged Property, which collateral directly or indirectly secures the Indebtedness, or if Mortgagee shall have obtained a judgment of foreclosure and sale or similar judgment against such collateral, then, whether or not such proceedings are being maintained or judgments were obtained in or outside the State in which the Premises are located, Mortgagee may commence or continue foreclosure proceedings and exercise its other remedies granted in this Mortgage against all or any part of the Mortgaged Property and Mortgagor waives any objections to the commencement or continuation of a foreclosure of this Mortgage or exercise of any other remedies hereunder based on such other proceedings or judgments, and waives any right to seek to dismiss, stay, remove, transfer or consolidate either any action under this Mortgage or such other proceedings on such basis. Neither the commencement nor continuation of proceedings to foreclose this Mortgage nor the exercise of any oth...
Multiple Security. If (a) the Premises shall consist of one or more parcels, whether or not contiguous and whether or not located in the same county, or (b) in addition to this Mortgage, Mortgagee shall now or hereafter hold or be the mortgagee of one or more additional mortgages, liens, deeds of trust or other security (directly or indirectly) for the Indebtedness upon other property in the State in which the Premises are located (whether or not such property is owned by Mortgagor or by others) or (c) both the circumstances described
Multiple Security. If (a) the Premises shall consist of one or more parcels, whether or not contiguous and whether or not located in the same county, or (b) in addition to this Mortgage, Mortgagee shall now or hereafter hold or be the mortgagee of one or more additional mortgages, liens, deeds of trust or other security (directly or indirectly) for the Indebtedness upon other property in the State in which the Premises are located (whether or not such property is owned by Mortgagor or by others) or (c) both the circumstances described in clauses (a) and (b) shall be true, then to the fullest extent permitted by law, Mortgagee may, at its election, commence or consolidate in a single foreclosure action all foreclosure proceedings against all such collateral securing the Indebtedness (including the Mortgaged Property), which action may be brought or consolidated in the courts of, or sale conducted in, any county in which any of such collateral is located. Mortgagor acknowledges that the right to maintain a consolidated foreclosure action is a specific inducement to Mortgagee to
Multiple Security. If (a) the Premises shall consist of one or more parcels, whether or not contiguous and whether or not located in the same county, or (b) in addition to this Deed of Trust, Beneficiary shall now or hereafter hold or be the beneficiary of one or more additional mortgages, liens, deeds of trust or other security (directly or indirectly) for the Indebtedness upon other property in the State in which the Premises are located (whether or not such property is owned by Grantor or by
Multiple Security. 51 Section 9.12. Nonresidential..................................................................................... 52 Section 9.13. Site Lease Provisions.............................................................................. 52 Section 9.14. Maximum Principal Amount Secured................................................................... 53 Section 9.15. Written Changes Only............................................................................... 53 Section 9.16. Counterparts....................................................................................... 53 Section 9.17. Successors and Permitted Assigns................................................................... 53 -iii- TABLE OF CONTENTS (continued)
Multiple Security. If (a) the Premises shall consist of one or more parcels, whether or not contiguous and whether or not located in the same county, or (b) in addition to this Mortgage, the Mortgagee shall now or hereafter hold one or more additional mortgages, liens or other security (directly or indirectly) for the Indebtedness upon other property in the State in which the Premises are located, then to the fullest extent permitted by law, the Mortgagee may, at its election, commence or consolidate in a single foreclosure action all foreclosure proceedings against all such collateral securing the Indebtedness (including the Mortgaged Property), which action may be brought or consolidated in the courts of any county in which any of such collateral is located. The Mortgagor acknowledges that the right to maintain a consolidated foreclosure action is a specific inducement to the. Mortgagee to extend the Indebtedness, and the Mortgagor expressly and irrevocably waives any objections to the commencement or consolidation of the foreclosure proceedings in a single action and any objections to the laying of venue or based on the grounds of forum non conveniens which it may now or hereafter have.
Multiple Security. 15 25. Successors and Assigns................................................... 16
Multiple Security. Notwithstanding anything else contained in any part of the Security, each part is given as additional, concurrent and collateral security to the remainder of the Security, and BDC shall not be obliged to realize or enforce its rights under any part of the Security before enforcing or realizing on the remainder of the Security, but may enforce or realize on any part of the Security as it sees fit, in whichever order it sees fit, and may abstain from enforcing any part of the Security as it sees fit, any rule of law or equity to the contrary notwithstanding.
Multiple Security. Notwithstanding anything else contained in any part of the Security, each part is given as additional, concurrent and collateral security to the remainder of the Security, and the Bank shall not be obliged to realize or enforce its rights under any part of the Security before enforcing or realizing on the remainder of the Security, but may enforce or realize on any part of the Security as it sees fit, in whichever order it sees fit, and may abstain from enforcing any part of the Security as it sees fit, any rule of law or equity to the contrary notwithstanding.
Multiple Security. If, in addition to this Mortgage, Mortgagee shall now or hereafter hold one or more additional mortgages, liens or other security for the Indebtedness upon other property in the State of New York, to the fullest extent permitted by law, Mortgagee may, at its sole election, commence or consolidate in a single foreclosure action all foreclosure proceedings against all such collateral securing the Indebtedness, including, without limitation, the Mortgaged Property, which action may be brought or consolidated in the courts of any county within which such collateral is located. MORTGAGOR: BOREAL WATER COLLECTION, INC. By: /s/ Xxxxxxxx Xxxxxx Name: Xxxxxxxx Xxxxxx Title: President With respect to Section 3.15: XXXXX FARGO BANK, NATIONAL ASSOCIATION, acting through its Xxxxx Fargo Business Credit operating division By: /s/ Xxxx X. Xxxx Name: Xxxx X. Xxxx Title: VP XXXXX XX XXX XXXX ) ) ss.: COUNTY OF NEW YORK ) On the 3 day of April, in the year 2009, before me, the undersigned, personally appeared Xxxxxxxx Xxxxxx, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Xxxxx X. Xxxxxxx NOTARY PUBLIC, State of New York Qualified in Dutchess County Commission Expires Oct. 17, 0000 XXXXX XX XXX XXXX ) ) ss.: COUNTY OF NEW YORK ) On the 3 day of April, in the year 2009, before me, the undersigned, personally appeared Xxxx X. Xxxx, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Xxxxxxx X. Xxxxxxx NOTARY PUBLIC, State of New York Qualified in Nassau County Commission Expires June 22, 2011 BOREAL WATER COLLECTION, INC., Mortgagor a Nevada corporation having an address at: 0000 Xxxxx Xxxxx 00 X., Xxxxxxxx Xxxx, Xxx Xxxx XXXXX FARGO BANK, NATIONAL ASSOCIATION acting through its Xxxxx Fargo Business Credit operating division, Mortgagee having an address at: 000 Xxxx 00xx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Street Address: 0000 Xxxxx Xxxxx 00 X. Xxxx...
