Common use of No Merger; Acquisition; Power of Attorney Clause in Contracts

No Merger; Acquisition; Power of Attorney. So long as any of the Secured Obligations remain unpaid or unperformed, the fee title to and the leasehold estate in the premises subject to the Mortgaged Lease shall not merge but shall always be kept separate and distinct notwithstanding the union of such estates in the lessor or the Mortgagor, or in a third party, by purchase or otherwise. If the Mortgagor acquires the fee title or any other estate, title or interest in the property demised by the Mortgaged Lease, or any part thereofa, the lien of this Mortgage shall attach to, cover and be a lien upon such acquired estate, title or interest and the same shall thereupon be and become a part of the Mortgaged Property with the same force and effect as if specifically encumbered herein. The Mortgagor agrees to execute all instruments and documents that the Mortgagee may reasonably require to ratify, confirm and further evidence the lien of this Mortgage on the acquired estate, title or interest. Furthermore, the Mortgagor hereby appoints the Mortgagee as its true and lawful attorney-in-fact to execute and deliver, following the occurrence and during the continuance of an Event of Default, all such instruments and documents in the name and on behalf of the Mortgagor. This power, being coupled with an interest, shall be irrevocable as long as any portion of the Secured Obligations remains unpaid.

No Merger; Acquisition; Power of Attorney. So long as any of the Secured Obligations remain unpaid or unperformed, the fee title to and the leasehold estate in the premises Premises subject to the Mortgaged Lease Leases shall not merge but shall always be kept separate and distinct notwithstanding the union of such estates in the lessor Lessor or the MortgagorGrantor, or in a third party, by purchase or otherwise. If the Mortgagor Grantor acquires the fee title or any other estate, title or interest in the property demised by the Mortgaged LeaseLeases, or any part thereofathereof, the lien of this Mortgage Deed of Trust shall attach to, cover and be a lien upon such acquired estate, title or interest and the same shall thereupon be and become a part of the Mortgaged Property Leasehold Trust Estate with the same force and effect as if specifically encumbered herein. The Mortgagor Grantor agrees to execute all instruments and documents that the Mortgagee Beneficiary may reasonably require to ratify, confirm and further evidence the lien of this Mortgage Deed of -21- Trust on the acquired estate, title or interest. Furthermore, the Mortgagor Grantor hereby appoints the Mortgagee Beneficiary as its true and lawful attorney-in-fact to execute and deliver, following the occurrence and during the continuance of an Event of Default, all such instruments and documents in the name and on behalf of the MortgagorGrantor. This power, being coupled with an interest, shall be irrevocable as long as any portion of the Secured Obligations remains unpaid.

No Merger; Acquisition; Power of Attorney. So long as any of the Secured Obligations remain unpaid or unperformed, the fee title to and the leasehold estate in the premises subject to the each Mortgaged Lease shall not merge but shall always be kept separate and distinct notwithstanding the union of such estates in the lessor or the MortgagorGrantor, or in a third party, by purchase or otherwise. If the Mortgagor Grantor acquires the fee title or any other estate, title or interest in the property demised by the Mortgaged Lease, or any part thereofathereof, the lien of this Mortgage Deed of Trust shall attach to, cover and be a lien upon such acquired estate, title or interest and the same shall thereupon be and become a part of the Mortgaged Trust Property with the same force and effect as if specifically encumbered herein. The Mortgagor Grantor agrees to execute all instruments and documents that the Mortgagee Beneficiary may reasonably require to ratify, confirm and further evidence the lien of this Mortgage Deed of Trust on the acquired estate, title or interest. Furthermore, the Mortgagor Grantor hereby appoints the Mortgagee Beneficiary as its true and lawful attorney-in-fact to execute and deliver, following the occurrence and during the continuance of an Event of Default, all such instruments and documents in the name and on behalf of the MortgagorGrantor. This power, being coupled with an interest, shall be irrevocable as long as any portion of the Secured Obligations remains unpaid.