New York Provisions. Guarantor acknowledges and agrees that this Guaranty is, and is intended to be, an instrument for the payment of money only, as such phrase is used in Section 3213 of the Civil Practice Law and Rules of the State of New York, that Guarantor has been fully advised by its counsel of Lender’s rights and remedies pursuant to such Section 3213 and that Guarantor expressly waives any right, and hereby agrees not, to assert that this Guaranty is not such an instrument.
New York Provisions. (a) Mortgagor hereby makes the following statement: “This Mortgage does not cover real property principally improved or to be improved by one (1) or more structures containing in the aggregate not more than six (6) residential dwelling, each having its own separate cooking facilities.” and (b) the covenants and conditions contained herein, other than those included in the New York Statutory Short Form of Mortgage, shall be construed as affording to Mortgagee rights additional to, and not exclusive of, the rights conferred under the provisions of Section 254 of the Real Property Law of the State of New York.
New York Provisions. Notwithstanding anything to the contrary elsewhere in this Mortgage:
New York Provisions. Notwithstanding anything to the contrary elsewhere in this Security Instrument:
New York Provisions. The following provisions shall apply with respect to any Site located in the State of New York.
(i) The following provision is added to the end of paragraph 10: The provisions of this Lease on casualty shall be deemed to be an express agreement as to damage or destruction of the Premises by fire or other casualty and New York Real Property Law § 227 (and any similar or successor law), providing for such a contingency in the absence of an express agreement, shall have no application in such case.
(ii) The following provisions are added to the end of Section 16(b):
New York Provisions. The Affiliate Guarantors acknowledge and agree that this Amended and Restated Affiliate Guaranty is, and is intended to be, an instrument for the payment of money only, as such phrase is used in Section 3213 of the Civil Practice Law and Rules of the State of New York, that each Affiliate Guarantor has been fully advised by its counsel of Lender’s rights and remedies pursuant to such Section 3213 and that each Affiliate Guarantor expressly waives any right, and hereby agrees not, to assert that this Amended and Restated Affiliate Guaranty is not such an instrument.
New York Provisions. The following provisions shall apply with respect to any and all portions of the Property Portfolio located within the State of New York or to the extent the law of the State of New York governs any aspect of this Lease:
New York Provisions. Without limiting the choice of law provision set forth in Article 32 , the following provisions shall apply to the extent that the laws of the State of New York govern the interpretation or enforcement of this Lease with respect to any Demised Properties located in the State of New York:
(a) Tenant hereby waives the provisions of Section 227 of the Real Property law of the State of New York and agrees that the provisions of Article 11 hereunder shall govern and control in lieu thereof.
(b) The provisions set forth in Section 2.01(b) of this Lease are intended to constitute “an express provision to the contrary” within the meaning of Section 223-a of the New York Real Property Law.
New York Provisions. If all or any part of the Premises is located in the State of New York, (a) Mortgagor hereby makes the following statement: “This Mortgage does not cover real property principally improved or to be improved by one (1) or more structures containing in the aggregate not more than six (6) residential dwelling units, each having its own separate cooking facilities.” and (b) the covenants and conditions contained herein, other than those included in the New York Statutory Short Form of Mortgage, shall be construed as affording to Mortgagee rights additional to, and not exclusive of, the rights conferred under the provisions of Sections 254, 271 and 272 of the Real Property Law of the State of New York.
New York Provisions. Section 7.1 Maximum Principal Sum. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE MAXIMUM AMOUNT OF PRINCIPAL INDEBTEDNESS SECURED BY THIS MORTGAGE AT THE TIME OF EXECUTION OR WHICH UNDER ANY CONTINGENCY MAY HEREAFTER BECOME SECURED BY THIS MORTGAGE AT ANY TIME IS FOUR HUNDRED TWENTY FIVE MILLION DOLLARS ($425,000,000); TOGETHER WITH (A) INTEREST, INCLUDING, WITHOUT LIMITATION, ADDITIONAL INTEREST, ON THE AFORESAID PRINCIPAL INDEBTEDNESS AT THE RATES SET FORTH IN THE NOTES AND (B) AMOUNTS EXPENDED BY MORTGAGEE AFTER DEFAULT OF SUMS ADVANCED OR PAID FOR HEREUNDER TO MAINTAIN THE LIEN OF THIS MORTGAGE OR TO PROTECT THE PREMISES SECURED BY THIS MORTGAGE, INCLUDING, WITHOUT LIMITATION, AMOUNTS IN RESPECT OF INSURANCE PREMIUMS, IMPOSITIONS (OR PAYMENTS IN LIEU OF IMPOSITIONS), LITIGATION EXPENSES TO PROSECUTE OR DEFEND THE RIGHTS, REMEDIES AND LIEN OF THIS MORTGAGE OR TITLE TO THE PREMISES SECURED HEREBY, AND ANY COSTS, CHARGES OR AMOUNTS TO WHICH MORTGAGEE OR THE LENDERS BECOME SUBROGATED UPON PAYMENT, WHETHER UNDER RECOGNIZED PRINCIPLES OF LAW OR EQUITY OR UNDER EXPRESS STATUTORY AUTHORITY.
