No Lender Obligations. Notwithstanding the provisions of Subsections 1.1(f) and (l) or Section 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Note or the Other Security Documents, including without limitation, any officer's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 13 contracts
Samples: Deed of Trust and Security Agreement (Corporate Property Associates 15 Inc), Mortgage and Security Agreement (Corporate Property Associates 15 Inc), Mortgage and Security Agreement (Corporate Property Associates 15 Inc)
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(f1.1(h) and (ln) or Section 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security InstrumentMortgage, the Loan Agreement, the Note or the Other Security other Loan Documents, including including, without limitation, any officer's ’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 12 contracts
Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Inland Real Estate Income Trust, Inc.), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Inland Real Estate Income Trust, Inc.), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Inland Real Estate Income Trust, Inc.)
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(f1.1(h) and (ln) or Section 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Loan Agreement, the Note or the Other Security other Loan Documents, including without limitation, any officer's ’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 10 contracts
Samples: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing, Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Moody National REIT II, Inc.), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Moody National REIT II, Inc.)
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(fSUBSECTIONS 1.1(h) and AND (ln) or Section SECTION 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Loan Agreement, the Note or the Other Security other Loan Documents, including including, without limitation, any officer's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 8 contracts
Samples: Open End Mortgage and Security Agreement (Glimcher Realty Trust), Mortgage and Security Agreement (Glimcher Realty Trust), Open End Mortgage and Security Agreement (Glimcher Realty Trust)
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(f1.1(h) and (ln) or Section 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Loan Agreement, the Note or the Other Security other Loan Documents, including including, without limitation, any officer's ’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 5 contracts
Samples: Deed of Trust, Assignment of Leases and Rents and Security Agreement (Inland Real Estate Income Trust, Inc.), Deed of Trust, Assignment of Leases and Rents and Security Agreement (Inland Real Estate Income Trust, Inc.), Deed of Trust and Security Agreement (Koger Equity Inc)
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(f1.1(h) and (ln) or Section 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Loan Agreement, the Note or the Other Security other Loan Documents, including including, without limitation, any officer's certificateOfficer’s Certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policyPolicy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 5 contracts
Samples: Fee and Leasehold Deed to Secure Debt and Security Agreement (Behringer Harvard Reit I Inc), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Behringer Harvard Reit I Inc), Open End Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Behringer Harvard Reit I Inc)
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(fSUBSECTIONS 1.1(H) and (lN) or Section SECTION 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security InstrumentDeed of Trust, the Loan Agreement, the Note or the Other Security other Loan Documents, including including, without limitation, any officerOfficer's certificateCertificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policyPolicy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 4 contracts
Samples: Deed of Trust and Security Agreement (Behringer Harvard Reit I Inc), Deed of Trust and Security Agreement (Behringer Harvard Reit I Inc), Deed of Trust and Security Agreement (Behringer Harvard Reit I Inc)
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(f) and (l) or Section 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Note or the Other Security Documents, including without limitation, any officer's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 4 contracts
Samples: Open End Mortgage and Security Agreement (Associated Estates Realty Corp), Open End Mortgage and Security Agreement (Associated Estates Realty Corp), Mortgage and Security Agreement (Alexanders Inc)
No Lender Obligations. (a) Notwithstanding the provisions of Subsections Section 1.1(f), (l) and (lm) or Section 1.21.2 hereof, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Loan Agreement, the Note or the Other Security other Loan Documents, including without limitation, any officer's ’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 4 contracts
Samples: Mortgage (Deed of Trust), Mortgage, Assignment of Leases and Rents and Security Agreement (KBS Real Estate Investment Trust, Inc.), Leasehold Mortgage, Assignment of Leases and Rents and Security Agreement (KBS Real Estate Investment Trust, Inc.)
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(f1.1(h) and (lm) or Section 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Loan Agreement, the Note or the Other Security other Loan Documents, including including, without limitation, any officer's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 4 contracts
Samples: Mortgage and Security Agreement (Cedar Shopping Centers Inc), Mortgage, Assignment of Leases and Rents and Security Agreement (Glimcher Realty Trust), Fee and Leasehold Mortgage, Assignment of Leases and Rents and Security Agreement (Glimcher Realty Trust)
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(f1.1(h) and (ln) or Section 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Loan Agreement, the Note or the Other Security other Loan Documents, including including, without limitation, any officer's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 4 contracts
Samples: Deed of Trust and Security Agreement (Koger Equity Inc), Deed of Trust and Security Agreement (Glimcher Realty Trust), Open End Mortgage and Security Agreement (Cedar Income Fund LTD /Md/)
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(f) and (l) or Section 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Note or the Other Security other Loan Documents, including without limitation, any officer's ’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 3 contracts
Samples: Deed of Trust, Assignment of Leases and Rents, Fixture Filing and Security Agreement (Manufactured Housing Properties Inc.), Deed of Trust, Assignment of Leases and Rents, Fixture Filing and Security Agreement (Manufactured Housing Properties Inc.), Mortgage and Security Agreement (Manufactured Housing Properties Inc.)
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(f1.1(e) and 1.1
(l1) or Section 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Note or the Other Security Loan Documents, including without limitation, any officer's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 2 contracts
Samples: Deed of Trust and Security Agreement (First Potomac Realty Trust), Deed of Trust and Security Agreement (First Potomac Realty Trust)
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(f1.1(h) and (lm) or Section 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Loan Agreement, the Note or the Other Security other Loan Documents, including including, without limitation, any officer's ’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 2 contracts
Samples: Fee and Leasehold Mortgage and Security Agreement (Morgans Hotel Group Co.), Mortgage and Security Agreement (Cedar Shopping Centers Inc)
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(f1.1(e) and (l1.1(k) or Section 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Note or the Other Security Loan Documents, including without limitation, any officer's ’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 2 contracts
Samples: Mortgage, Assignment of Leases and Rents, Security Agreement, and Fixture Filing (Reading International Inc), Mortgage and Security Agreement (Gladstone Commercial Corp)
No Lender Obligations. Notwithstanding anything to the provisions of Subsections 1.1(f) and (l) or Section 1.2contrary contained herein, Lender is not undertaking the performance of (ia) any obligations under the Leases; or (iib) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Note or the Other Security Documents, including without limitation, any officer's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 2 contracts
Samples: Convertible Promissory Notes (Minrad International, Inc.), Mortgage and Security Agreement (Polymer Research Corp of America)
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(f1.1(h) and (ln) or Section 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Loan Agreement, the Note or the Other Security other Loan Documents, including without limitation, any officer's ’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by LenderXxxxxx.
Appears in 2 contracts
Samples: Deed of Trust (TNP Strategic Retail Trust, Inc.), Deed of Trust (TNP Strategic Retail Trust, Inc.)
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(f1.1(h) and (ln) or Section 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(a) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Loan Agreement, the Note or the Other Security other Loan Documents, including including, without limitation, any officer's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 2 contracts
Samples: Open End Mortgage and Security Agreement (Glimcher Realty Trust), Open End Mortgage and Security Agreement (Glimcher Realty Trust)
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(f1.1(h) and (lm) or Section 1.21.2 hereof, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Loan Agreement, the Note or the Other Security other Loan Documents, including including, without limitation, any officer's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 2 contracts
Samples: Deed of Trust and Security Agreement (Ventas Inc), Open End Fee and Leasehold Mortgage and Security Agreement (Ventas Inc)
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(f1.1(h) and (ln) or Section 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security InstrumentMortgage, the Loan Agreement, the Note or the Other Security other Loan Documents, including including, without limitation, any officer's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 2 contracts
Samples: Mortgage and Security Agreement (Inland Western Retail Real Estate Trust Inc), Open End Mortgage and Security Agreement (Inland Western Retail Real Estate Trust Inc)
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(f1.1(e) and (l1.1(1) or Section 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Note or the Other Security Loan Documents, including without limitation, any officer's ’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by LenderXxxxxx.
Appears in 2 contracts
Samples: Deed of Trust and Security Agreement (Inland American Real Estate Trust, Inc.), Deed of Trust and Security Agreement (Inland American Real Estate Trust, Inc.)
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(f1.1(e) and (l1.1(l) or Section 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Note or the Other Security Loan Documents, including without limitation, any officer's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 2 contracts
Samples: Deed of Trust and Security Agreement (Sheldahl Inc), Deed of Trust and Security Agreement (Westcoast Hospitality Corp)
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(f) and (l1) or Section 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Note or the Other Security Documents, including without limitation, any officer's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 2 contracts
Samples: Mortgage and Security Agreement (Cedar Income Fund LTD /Md/), Mortgage and Security Agreement (Cedar Income Fund LTD /Md/)
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(f1.l(h) and (l) .(m} or Section 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; , or (ii) any obligations with respect to such any other agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and or other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security InstrumentDeed of Trust, the Loan Agreement, the Note or the Other Security other Loan Documents, including including, without limitation, any officer's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, appraisal or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 2 contracts
Samples: Deed of Trust, Assignment of Leases and Rents and Security Agreement (Lodging Fund REIT III, Inc.), Deed of Trust, Assignment of Leases and Rents and Security Agreement (Lodging Fund REIT III, Inc.)
No Lender Obligations. Notwithstanding the provisions of Subsections 1.1(f) and (l) or Section 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Note or the Other Security Documents, including without limitation, any officer's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by LenderXxxxxx.
Appears in 2 contracts
Samples: Deed of Trust and Security Agreement (Corporate Property Associates 15 Inc), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Corporate Property Associates 15 Inc)
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(f1.1(e) and (l1.1(l) or Section 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Note or the Other Security Loan Documents, including without limitation, any officer's ’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 2 contracts
Samples: Deed of Trust and Security Agreement (Inland American Real Estate Trust, Inc.), Deed of Trust and Security Agreement (Inland American Real Estate Trust, Inc.)
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(fSection 1.1(g), (m) and (ln) or Section 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Loan Agreement, the Note or the Other Security other Loan Documents, including without limitation, any officer's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 2 contracts
Samples: Deed of Trust and Security Agreement (Felcor Lodging Trust Inc), Mortgage and Security Agreement (Felcor Lodging Trust Inc)
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(f1.1(e) and (l1.1(i) or Section 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Note or the Other Security Loan Documents, including without limitation, any officer's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 1 contract
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(f1.1(h) and (lm) or Section 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security InstrumentMortgage, the Loan Agreement, the Note or the Other Security other Loan Documents, including including, without limitation, any officer's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 1 contract
Samples: Mortgage, Assignment of Leases and Rents and Security Agreement (Glimcher Realty Trust)
No Lender Obligations. Notwithstanding the provisions of Subsections 1.1(f) and (l) or l)or Section 1.2, Lender is not undertaking the performance of (i) any i)any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Note or the Other Security Documents, including without limitation, any officer's ’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Resource Real Estate Opportunity REIT, Inc.)
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(f1.1 (e) and (l1.1(1) or Section 1.2, . Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Note or the Other Security Loan Documents, including without limitation, any officer's ’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (Republic Property Trust)
No Lender Obligations. Notwithstanding the provisions of Subsections 1.1(f1.1 (f) and (l1) or Section 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Note or the Other Security Documents, including without limitation, any officer's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Corporate Property Associates 15 Inc)
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(f) and (l1.1(1) or Section 1.23.7, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Note or the Other Security Documents, including without limitation, any officer's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Wellsford Real Properties Inc)
No Lender Obligations. (a) Notwithstanding anything herein to the provisions of Subsections 1.1(f) and (l) or Section 1.2contrary, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Note or the Other Security Documents, including without limitation, any officer's ’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 1 contract
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(f1.1(h), (i) and (lo) or Section 1.2, Lender is not undertaking the performance of (i) any obligations under the Master Lease or the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security InstrumentMortgage, the Loan Agreement, the Note or the Other Security other Loan Documents, including including, without limitation, any officer's ’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 1 contract
No Lender Obligations. Notwithstanding the provisions of Subsections 1.1(f) and (l) or Section 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Note or the Other Security Documents, including without limitation, any officer's ’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (Innovative Micro Technology Inc)
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(f1.1(h) and (ln) or Section 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Loan Agreement, the Note or the Other Security other Loan Documents, including including, without limitation, any officer's certificateOfficer’s Certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policyPolicy, Lender shall not be deemed to have warranted, consented to, warranted or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 1 contract
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(f1.1 (h) and (ln) or Section 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Loan Agreement, the Note or the Other Security other Loan Documents, including including, without limitation, any officer's certificateOfficer’s Certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policyPolicy, Lender shall not be deemed to have warranted, consented to, warranted or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 1 contract
Samples: Leasehold Mortgage, Security Agreement and Fixture Filing (FelCor Lodging Trust Inc)
No Lender Obligations. Notwithstanding the provisions of Subsections 1.1(fSUBSECTIONS 1.1(h) and AND (ln) or Section SECTION 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Loan Agreement, the Note or the Other Security other Loan Documents, including including, without limitation, any officer's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 1 contract
Samples: Open End Mortgage and Security Agreement (Glimcher Realty Trust)
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(f) Sections 1.1 and (l) or Section 1.2, Lender is and Agent are not undertaking the performance of (i) any obligations under the Leases; , or (ii) any obligations with respect to such any other agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and or other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender or Agent pursuant to this Security Instrument, the Loan Agreement, the Note or the Other Security other Loan Documents, including including, without limitation, any officer's ’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, appraisal or insurance policy, Lender and Agent shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by LenderLender or Agent.
Appears in 1 contract
No Lender Obligations. (a) Notwithstanding anything to the provisions of Subsections 1.1(f) and (l) or Section 1.2contrary contained in this Security Instrument, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such any other agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Loan Agreement, the Note or the Other Security other Loan Documents, including without limitation, any officer's ’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall will not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall will not constitute any warranty or affirmation with respect thereto by LenderLxxxxx.
Appears in 1 contract
Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Digital Ally, Inc.)
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(f1.1(e) and (l1.1(l) or Section 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Note, the Future Advance Note or the Other Security Loan Documents, including without limitation, any officer's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 1 contract
Samples: Open End Mortgage and Security Agreement (First Union Real Estate Equity & Mortgage Investments)
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(f1.1(h) and (ln) or Section 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security InstrumentDeed of Trust, the Loan Agreement, the Note or the Other Security other Loan Documents, including including, without limitation, any officer's ’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 1 contract
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(f1.1(h) and (ln) or Section 1.2, but subject to the terms of the Loan Agreement, Lender is not undertaking the performance of (i) any obligations under the Leases; Leases or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. 10
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Loan Agreement, the Note or the Other Security other Loan Documents, including including, without limitation, any officerOfficer's certificateCertificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policyPolicy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 1 contract
Samples: Deed of Trust
No Lender Obligations. Notwithstanding the provisions of Subsections 1.1(f) and (l) or Section 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. documents By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security Instrument, the Note or the Other Security Documents, including without limitation, any officer's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.Xxxxxx
Appears in 1 contract
No Lender Obligations. (a) Notwithstanding anything to the provisions of Subsections 1.1(f) and (l) contrary in this Agreement or Section 1.2the Pledge Agreement, Lender is not undertaking the performance of (i) any obligations under the Leases; Leases or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. , including, but not limited to, Borrower’s organizational documents.
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security InstrumentAgreement, the Note Note, the Pledge Agreement, or any of the Other Security other Loan Documents, including without limitation, any officer's ’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 1 contract
Samples: Mezzanine Loan Agreement (KBS Real Estate Investment Trust II, Inc.)
No Lender Obligations. (a) Notwithstanding the provisions of Subsections 1.1(fSUBSECTIONS 1.1(h) and (lm) or Section SECTION 1.2, Lender is not undertaking the performance of (i) any obligations under the Leases; , or (ii) any obligations with respect to such any other agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and or other documents. .
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Lender pursuant to this Security InstrumentDeed of Trust, the Note Loan Agreement, the Affiliate Notes or the Other Security other Affiliate Loan Documents, including including, without limitation, any officer's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, appraisal or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Lender.
Appears in 1 contract
