NOTE TO CLERK Sample Clauses

NOTE TO CLERK. This Mortgage (and the contingent obligations secured hereunder) is executed by a county or political subdivision and is therefore exempt from documentary stamp tax pursuant to Section 201.24(1), Florida Statutes, and Florida Administrative Code Section 12B-4.054(24), and is exempt from nonrecurring intangible personal property tax pursuant to Section 199.183(1), Florida Statutes. In addition, this Mortgage secures contingent obligations under a Grant Award Agreement (as defined above). Pursuant to Xxxx Bros., Inc. x. Xxxxxxxxx, 195 So. 2d 193 (Fla. 1967), West Flagler
Sample 1
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NOTE TO CLERK. The property interest conveyed by this instrument is being transferred between two governmental entities. Accordingly, no documentary stamp tax is due and payable in connection with this instrument. AND the Grantor hereby covenants with said Grantee that it is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey the property; and that the Property is free of all encumbrances except the matters herein-above mentioned to which this Deed is made subject. The Grantor does hereby fully warrant the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under the said Grantor. Grantee hereby assumes payment of real estate taxes and assessments, if any, for the current and subsequent years due to change in land usage, ownership, or both. Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations. BY ACCEPTANCE OF THIS DEED, XXXXXXX ACKNOWLEDGES THAT GRANTOR HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO (A) THE VALUE, NATURE, QUALITY OR CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY,
Sample 1
NOTE TO CLERK. This mortgage is one of four related mortgages recorded in Xxxxx County, Orange County, and Miami-Dade County, respectively, securing promissory notes in the aggregate principal amount of $105,000,000. Florida documentary stamp tax in the amount of $367,500 and non-recurring intangible personal property tax in the amount of $210,000 has been paid in connection with the notes, of which documentary stamp tax in the amount of $82,103 and intangible tax in the amount of $46,916 is allocated to and paid in connection with the recordation of this mortgage, and the balance of which is allocated to and paid in connection with the other related mortgages. TABLE OF CONTENTS Page ARTICLE I GRANT OF SECURITY 2 Section 1.01 REAL PROPERTY GRANT 2 Section 1.02 PERSONAL PROPERTY GRANT 4 Section 1.03 CONDITIONS TO GRANT 4 ARTICLE II BORROWER COVENANTS 4 Section 2.01 DUE AUTHORIZATION, EXECUTION, AND DELIVERY 4 Section 2.02 PERFORMANCE BY BORROWER 5 Section 2.03 WARRANTY OF TITLE 5 Section 2.04 TAXES, LIENS AND OTHER CHARGES 5 Section 2.05 ESCROW DEPOSITS 6 Section 2.06 CARE AND USE OF THE PROPERTY 6 Section 2.07 COLLATERAL SECURITY INSTRUMENTS 8 Section 2.08 SUITS AND OTHER ACTS TO PROTECT THE PROPERTY 8 Section 2.09 LIENS AND ENCUMBRANCES 8 ARTICLE III INSURANCE 8 Section 3.01 REQUIRED INSURANCE AND TERMS OF INSURANCE POLICIES 8 Section 3.02 ADJUSTMENT OF CLAIMS 11 Section 3.03 ASSIGNMENT TO LENDER 11 ARTICLE IV BOOKS, RECORDS AND ACCOUNTS 11 Section 4.01 BOOKS AND RECORDS 11 Section 4.02 PROPERTY REPORTS 12 Section 4.03 ADDITIONAL MATTERS 12 ARTICLE V LEASES AND OTHER AGREEMENTS AFFECTING THE PROPERTY 13 Section 5.01 BORROWER’S REPRESENTATIONS AND WARRANTIES 13 Section 5.02 ASSIGNMENT OF LEASES 13 Section 5.03 PERFORMANCE OF OBLIGATIONS 13 Section 5.04 SUBORDINATE LEASES 14 TABLE OF CONTENTS (continued) Page Section 5.05 LEASING COMMISSIONS 14 ARTICLE VI ENVIRONMENTAL HAZARDS 14 Section 6.01 REPRESENTATIONS AND WARRANTIES 14 Section 6.02 REMEDIAL WORK 15 Section 6.03 ENVIRONMENTAL SITE ASSESSMENT 15 Section 6.04 UNSECURED OBLIGATIONS 15 Section 6.05 HAZARDOUS MATERIALS 16 Section 6.06 REQUIREMENTS OF ENVIRONMENTAL LAWS 16 ARTICLE VII CASUALTY, CONDEMNATION AND RESTORATION 17 Section 7.01 BORROWER’S REPRESENTATIONS 17 Section 7.02 RESTORATION 17 Section 7.03 CONDEMNATION 18 Section 7.04 REQUIREMENTS FOR RESTORATION 19 ARTICLE VIII REPRESENTATIONS OF BORROWER 20 Section 8.01 ERISA 20 Section 8.02 NON-RELATIONSHIP 20 Section 8.03 NO ADVERSE CHANGE 21 Section 8.04 FOREIGN IN...
Sample 1
NOTE TO CLERK. Use the following as applicable for certain services only (Geotechnical and Material Testing) Should services be required which are not included in the attached Attachment “1” (SBBC Standard Unit Prices for (if applicable) ), such services and payment therefore shall be negotiated between the parties in advance and in writing. Unit prices and hourly rates shall be administered in accordance with Attachment “1” as attached hereto. Actual hours shall be rounded off to the nearest fifteen (15) minute intervals.
Sample 1
NOTE TO CLERK. In this Assumption Agreement, New Borrower, as defined herein, is assuming the obligations under the Note, as defined herein, with a current unpaid principal balance of $37,476,166.88. Florida documentary stamp tax in the amount of $131,166.70 with respect to the unpaid principal balance of the Note is being paid with the recording of this Assumption Agreement. Florida documentary stamp tax and non-recurring intangible personal property taxes due on account of the Note were paid as noted on the recording of the Mortgage, as defined herein. No additional non-recurring intangible personal property tax is due with respect to this Agreement, pursuant to Section 199.145(3), Florida Statutes.
Sample 1

Related to NOTE TO CLERK

  • Trustee to Cooperate; Release of Mortgage Files Upon the payment in full of any Mortgage Loan, or the receipt by the Master Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, the Master Servicer will immediately notify the Trustee by delivering, or causing to be delivered a "Request for Release" substantially in the form of Exhibit N. Upon receipt of such request, the Trustee shall promptly release the related Mortgage File to the Master Servicer, and the Trustee shall at the Master Servicer's direction execute and deliver to the Master Servicer the request for reconveyance, deed of reconveyance or release or satisfaction of mortgage or such instrument releasing the lien of the Mortgage in each case provided by the Master Servicer, together with the Mortgage Note with written evidence of cancellation thereon. The Master Servicer is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the Trustee and the Certificateholders or any of them, any and all instruments of satisfaction or cancellation or of partial or full release. Expenses incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the related Mortgagor. From time to time and as shall be appropriate for the servicing or foreclosure of any Mortgage Loan, including for such purpose, collection under any policy of flood insurance, any fidelity bond or errors or omissions policy, or for the purposes of effecting a partial release of any Mortgaged Property from the lien of the Mortgage or the making of any corrections to the Mortgage Note or the Mortgage or any of the other documents included in the Mortgage File, the Trustee shall, upon delivery to the Trustee of a Request for Release in the form of Exhibit M signed by a Servicing Officer, release the Mortgage File to the Master Servicer. Subject to the further limitations set forth below, the Master Servicer shall cause the Mortgage File or documents so released to be returned to the Trustee when the need therefor by the Master Servicer no longer exists, unless the Mortgage Loan is liquidated and the proceeds thereof are deposited in the Certificate Account, in which case the Master Servicer shall deliver to the Trustee a Request for Release in the form of Exhibit N, signed by a Servicing Officer. If the Master Servicer at any time seeks to initiate a foreclosure proceeding in respect of any Mortgaged Property as authorized by this Agreement, the Master Servicer shall deliver or cause to be delivered to the Trustee, for signature, as appropriate, any court pleadings, requests for trustee's sale or other documents necessary to effectuate such foreclosure or any legal action brought to obtain judgment against the Mortgagor on the Mortgage Note or the Mortgage or to obtain a deficiency judgment or to enforce any other remedies or rights provided by the Mortgage Note or the Mortgage or otherwise available at law or in equity.

  • Filing of Financing Statements, Notices, etc Each Grantor shall execute and deliver to the Lender and/or file such agreements, assignments or instruments (including affidavits, notices, reaffirmations and amendments and restatements of existing documents, as the Lender may reasonably request) and do all such other things as the Lender may reasonably deem necessary or appropriate (i) to assure to the Lender its security interests hereunder, including (A) such instruments as the Lender may from time to time reasonably request in order to perfect and maintain the security interests granted hereunder in accordance with the UCC, including, without limitation, financing statements (including continuation statements), (B) with regard to Copyrights, a Notice of Grant of Security Interest in Copyrights substantially in the form of Exhibit B or other form acceptable to the Lender, (C) with regard to Patents, a Notice of Grant of Security Interest in Patents for filing with the USPTO substantially in the form of Exhibit C or other form acceptable to the Lender and (D) with regard to Trademarks, a Notice of Grant of Security Interest in Trademarks for filing with the USPTO substantially in the form of Exhibit D or other form acceptable to the Lender, (ii) to consummate the transactions contemplated hereby and (iii) to otherwise protect and assure the Lender of its rights and interests hereunder. Furthermore, each Grantor also hereby irrevocably makes, constitutes and appoints the Lender, its nominee or any other person whom the Lender may designate, as such Grantor’s attorney in fact with full power and for the limited purpose to prepare and file (and, to the extent applicable, sign) in the name of such Grantor any financing statements, or amendments and supplements to financing statements, renewal financing statements, notices or any similar documents which in the Lender’s reasonable discretion would be necessary or appropriate in order to perfect and maintain perfection of the security interests granted hereunder, such power, being coupled with an interest, being and remaining irrevocable until the Facility Termination Date. Each Grantor hereby agrees that a carbon, photographic or other reproduction of this Agreement or any such financing statement is sufficient for filing as a financing statement by the Lender without notice thereof to such Grantor wherever the Lender may in its sole discretion desire to file the same.

  • Release of Mortgage If all of the Debt be paid, then and in that event only, all rights under this Mortgage, except for those provisions hereof which by their terms survive, shall terminate and the Property shall become wholly clear of the liens, security interests, conveyances and assignments evidenced hereby, which shall be promptly released of record by Lender in due form at Borrower’s cost. No release of this Mortgage or the lien hereof shall be valid unless executed by Lender.

  • Satisfaction of Mortgages and Release of Mortgage Files Upon the payment in full of any Mortgage Loan, or the receipt by the Seller of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller will obtain the portion of the Mortgage File that is in the possession of the Purchaser or its designee, prepare and process any required satisfaction or release of the Mortgage and notify the Purchaser in accordance with the provisions of this Agreement. The Purchaser agrees to deliver to the Seller (or cause to be delivered to the Seller) the original Mortgage Note for any Mortgage Loan not later than five (5) Business Days following its receipt of a notice from the Seller that such a payment in full has been received or that a notification has been received that such a payment in full shall be made. Such Mortgage Note shall be held by the Seller, in trust, for the purpose of canceling such Mortgage Note and delivering the canceled Mortgage Note to the Mortgagor in a timely manner as and to the extent provided under any applicable federal or state law. In the event the Seller grants a satisfaction or release of a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage, the Seller shall remit to the Purchaser the Stated Principal Balance of the related Mortgage Loan by deposit thereof in the Custodial Account. The Fidelity Bond shall insure the Seller against any loss it may sustain with respect to any Mortgage Loan not satisfied in accordance with the procedures set forth herein.

  • Release of Mortgage Files (a) Upon becoming aware of the payment in full of any Mortgage Loan, or the receipt by any Servicer of a notification that payment in full has been escrowed in a manner customary for such purposes for payment to Certificateholders on the next Distribution Date, the Servicer will, if required under the applicable Servicing Agreement, promptly furnish to the Custodian, on behalf of the Trustee, two copies of a certification substantially in the form of Exhibit F hereto signed by a Servicing Officer or in a mutually agreeable electronic format which will, in lieu of a signature on its face, originate from a Servicing Officer (which certification shall include a statement to the effect that all amounts received in connection with such payment that are required to be deposited in the related Servicing Account maintained by the applicable Servicer pursuant to Section 4.01 or by the applicable Servicer pursuant to its Servicing Agreement have been or will be so deposited) and shall request that the Trustee (or the Custodian, on behalf of the Trustee) deliver to the applicable Servicer the related Mortgage File. Upon receipt of such certification and request, the Trustee (or the Custodian, on behalf of the Trustee), shall promptly release the related Mortgage File to the applicable Servicer and the Trustee (and the Custodian, if applicable) shall have no further responsibility with regard to such Mortgage File. Upon any such payment in full, each Servicer is authorized, to give, as agent for the Trustee, as the mortgagee under the Mortgage that secured the Mortgage Loan, an instrument of satisfaction (or assignment of mortgage without recourse) regarding the Mortgaged Property subject to the Mortgage, which instrument of satisfaction or assignment, as the case may be, shall be delivered to the Person or Persons entitled thereto against receipt therefor of such payment, it being understood and agreed that no expenses incurred in connection with such instrument of satisfaction or assignment, as the case may be, shall be chargeable to the related Servicing Account.

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