Common use of Pledges of Monies Held Clause in Contracts

Pledges of Monies Held. Mortgagor hereby pledges to Mortgagee any and all monies now or hereafter held by Mortgagee or on behalf of Mortgagee in connection with the Building Loan, including, without limitation, any sums deposited in the Accounts (as defined in the Reserve and Security Agreement) and Net Proceeds, as additional security for the Obligations until expended or applied as provided in this Security Instrument. CONDITIONS TO GRANT TO HAVE AND TO HOLD the above granted and described Property unto and to the use and benefit of Mortgagee and its successors and assigns, forever; PROVIDED, HOWEVER, these presents are upon the express condition that, if Mortgagor shall pay to Mortgagee the Debt at the time and in the manner provided in the Building Loan Note, the Building Loan Agreement, this Security Instrument and the other Building Loan Documents, shall perform the Other Obligations as set forth in this Security Instrument and shall fully abide by and comply with each and every covenant and condition set forth herein and in the Building Loan Note, the Building Loan Agreement and the other Building Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void, or, at Mortgagor’s request and expense, shall be assigned by Mortgagee to a new lender designated by Mortgagor or its successors and assigns; provided, however, that Mortgagor’s obligation to indemnify and hold harmless Mortgagee pursuant to the provisions hereof shall survive any such payment or release.

Appears in 1 contract

Samples: Rents and Security Agreement (KBS Real Estate Investment Trust, Inc.)

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Pledges of Monies Held. Mortgagor Borrower hereby pledges to Mortgagee Lender any and all monies now or hereafter held by Mortgagee Lender or on behalf of Mortgagee Lender in connection with the Building Loan, including, without limitation, any sums deposited in the Accounts (as defined in the Reserve and Security Cash Management Agreement) and Net Proceeds, as additional security for the Obligations until expended or applied as provided in this Security InstrumentMortgage. CONDITIONS TO GRANT TO HAVE AND TO HOLD the above granted and described Property unto and to the use and benefit of Mortgagee Lender and its successors and assigns, forever; PROVIDED, HOWEVER, these presents are upon the express condition that, if Mortgagor Borrower shall well and truly pay to Mortgagee Lender the Debt at the time and in the manner provided in the Building Loan Note, the Building Loan Agreement, Agreement and this Security Instrument and the other Building Loan DocumentsMortgage, shall well and truly perform the Other Obligations as set forth in this Security Instrument Mortgage and shall fully well and truly abide by and comply with each and every covenant and condition set forth herein and in the Building Loan Note, the Building Loan Agreement and the other Building Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void, or, at Mortgagor’s request and expense, shall be assigned by Mortgagee to a new lender designated by Mortgagor or its successors and assigns; provided, however, that Mortgagor’s Borrower's obligation to indemnify and hold harmless Mortgagee Lender pursuant to the provisions hereof shall survive any such payment or release.

Appears in 1 contract

Samples: Rents and Security Agreement (Glimcher Realty Trust)

Pledges of Monies Held. Mortgagor Borrower hereby pledges to Mortgagee Lender any and all monies now or hereafter held by Mortgagee Lender or on behalf of Mortgagee in connection with the Building LoanLender, including, without limitation, any sums deposited in the Accounts (as defined in Lockbox Account, the Cash Management Account, the Reserve and Security Agreement) Funds and Net Proceeds, as additional security for the Obligations until expended or applied as provided in this Security InstrumentInstrument or the Loan Agreement. CONDITIONS TO GRANT TO HAVE AND TO HOLD the above granted and described Property unto Trustee for and on behalf of Lender and to the use and benefit of Mortgagee Lender and its Trustee, and for their successors and assigns, assigns forever; IN TRUST, WITH POWER OF SALE, to secure payment to Lender of the outstanding principal amount set forth in, and evidenced by the Loan Agreement and the Note, together with all interest accrued and unpaid thereon, and all other sums due to Lender in respect of or in connection with the Loan under the Note, the Loan Agreement, this Security Instrument and the other Loan Documents, including without limitation any prepayment premium and all sums expended or advanced by the Lender pursuant to any terms or provision in this Security Instrument or any other Loan Document (collectively, the “Debt”) at the time and in the manner provided for its payment in the Loan Agreement, the Note and in this Security Instrument. PROVIDED, HOWEVER, these presents are upon the express condition that, if Mortgagor Borrower shall well and truly pay to Mortgagee Lender the Debt at the time and in the manner provided in the Building Loan Note, the Building Loan Agreement, Agreement and this Security Instrument and the other Building Loan DocumentsInstrument, shall well and truly perform the Other Obligations (hereafter defined) as set forth in this Security Instrument and shall fully well and truly abide by and comply with each and every covenant and condition set forth herein and in the Building Loan Note, the Building Loan Agreement and the other Building Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void, or, at Mortgagor’s request and expense, shall be assigned by Mortgagee to a new lender designated by Mortgagor or its successors and assigns; provided, however, that Mortgagor’s Borrower's obligation to indemnify and hold harmless Mortgagee Lender pursuant to the provisions hereof shall survive any such payment or release.. ARTICLE 2 -

Appears in 1 contract

Samples: Security Agreement and Fixture Filing

Pledges of Monies Held. Mortgagor Borrower hereby pledges to Mortgagee Lender any and all monies now or hereafter held by Mortgagee Lender or on behalf of Mortgagee in connection with the Building LoanLender, including, without limitation, any sums deposited in the Accounts (as defined in Lockbox Account, the Cash Management Account, the Reserve and Security Agreement) Funds and Net Proceeds, as additional security for the Obligations until expended or applied as provided in this Security Instrument. CONDITIONS TO GRANT TO HAVE AND TO HOLD the above granted and described Property and TO WARRANT AND DEFEND the title to the Property unto the Trustee and to his or her successors and assigns for the use and benefit of Mortgagee Xxxxxx and its successors and assigns, forever; IN TRUST WITH POWER OF SALE, to secure the payment to Lender of the Debt at the time and in the manner provided for in the Note, the Loan Agreement and in this Security Instrument; PROVIDED, HOWEVER, these presents are upon the express condition that, if Mortgagor Borrower shall well and truly pay to Mortgagee Lender the Debt at the time and in the manner provided in the Building Loan Note, the Building Loan Agreement, Agreement and this Security Instrument and the other Building Loan DocumentsInstrument, shall well and truly perform the Other Obligations (hereafter defined) as set forth in this Security Instrument and shall fully well and truly abide by and comply with each and every covenant and condition set forth herein and in the Building Loan Note, the Building Loan Agreement and the other Building Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void, or, at Mortgagor’s request and expense, shall be assigned by Mortgagee to a new lender designated by Mortgagor or its successors and assigns; provided, however, that MortgagorXxxxxxxx’s obligation to indemnify and hold harmless Mortgagee Lender and Trustee pursuant to the provisions hereof shall survive any such payment or release.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement

Pledges of Monies Held. Mortgagor Borrower hereby pledges to Mortgagee Lender any and all monies now or hereafter held by Mortgagee Lender or on behalf of Mortgagee in connection with the Building LoanLender, including, without limitation, any sums deposited in the Accounts (as defined in Lockbox Account, the Reserve and Security Agreement) Funds and Net Proceeds, as additional security for the Obligations until expended or applied as provided in this Security InstrumentMortgage. CONDITIONS TO GRANT TO HAVE AND TO HOLD the above granted and described Property unto and to the use and benefit of Mortgagee Lender and its successors and assigns, forever; PROVIDED, HOWEVER, these presents are upon the express condition that, if Mortgagor Borrower shall well and truly pay to Mortgagee Lender the Debt at the time and in the manner provided in the Building Loan Note, the Building Loan Agreement, Agreement and this Security Instrument and the other Building Loan DocumentsMortgage, shall well and truly perform the Other Obligations as set forth in this Security Instrument Mortgage and shall fully well and truly abide by and comply with each and every covenant and condition set forth herein and in the Building Loan Note, the Building Loan Agreement and the other Building Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void, or, at Mortgagor’s request and expense, shall be assigned by Mortgagee to a new lender designated by Mortgagor or its successors and assigns; provided, however, that Mortgagor’s Borrower's obligation to indemnify and hold harmless Mortgagee Lender pursuant to the provisions hereof shall survive any such payment or release.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Glimcher Realty Trust)

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Pledges of Monies Held. Mortgagor Borrower hereby pledges to Mortgagee Lender any and all monies now or hereafter held by Mortgagee Lender or on behalf of Mortgagee in connection with the Building LoanLender, including, without limitation, any sums deposited in the Accounts (as defined in Lockbox Account, the Cash Management Account, the Reserve and Security Agreement) Funds and Net Proceeds, as additional security for the Obligations until expended or applied as provided in this Security Instrument. CONDITIONS TO GRANT TO HAVE AND TO HOLD the above granted and described Property and TO WARRANT AND DEFEND the title to the Property unto the Trustee and to his or her successors and assigns for the use and benefit of Mortgagee Lender and its successors and assigns, forever; IN TRUST WITH POWER OF SALE, to secure the payment to Lender of the Debt at the time and in the manner provided for in the Note, the Loan Agreement and in this Security Instrument; PROVIDED, HOWEVER, these presents are upon the express condition that, if Mortgagor Borrower shall well and truly pay to Mortgagee Lender the Debt at the time and in the manner provided in the Building Loan Note, the Building Loan Agreement, Agreement and this Security Instrument and the other Building Loan DocumentsInstrument, shall well and truly perform the Other Obligations (hereafter defined) as set forth in this Security Instrument and shall fully well and truly abide by and comply with each and every covenant and condition set forth herein and in the Building Loan Note, the Building Loan Agreement and the other Building Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void, or, at Mortgagor’s request and expense, shall be assigned by Mortgagee to a new lender designated by Mortgagor or its successors and assigns; provided, however, that MortgagorBorrower’s obligation to indemnify and hold harmless Mortgagee Lender and Trustee pursuant to the provisions hereof shall survive any such payment or release.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement

Pledges of Monies Held. Mortgagor Borrower hereby pledges to Mortgagee Lender any and all monies now or hereafter held by Mortgagee Lender or on behalf of Mortgagee Lender in connection with the Building Loan, including, without limitation, any sums deposited in the Accounts (as defined in the Reserve and Security Cash Management Agreement) ), the Clearing Account Agreement and Net Proceeds, as additional security for the Obligations until expended or applied as provided in this Security InstrumentMortgage. CONDITIONS TO GRANT TO HAVE AND TO HOLD the above granted and described Property unto and to the use and benefit of Mortgagee Lender and its successors and assigns, for the unexpired term or extended term of the Lease (or if Borrower shall acquire fee simple title, then, forever); PROVIDED, HOWEVER, these presents are upon the express condition that, if Mortgagor Borrower shall well and truly pay to Mortgagee Lender the Debt at the time and in the manner provided in the Building Loan Note, the Building Loan Agreement, Agreement and this Security Instrument and the other Building Loan DocumentsMortgage, shall well and truly perform the Other Obligations as set forth in this Security Instrument Mortgage and shall fully well and truly abide by and comply with each and every covenant and condition set forth herein and in the Building Loan Note, the Building Loan Agreement and the other Building Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void, or, at Mortgagor’s request and expense, shall be assigned by Mortgagee to a new lender designated by Mortgagor or its successors and assigns; provided, however, that MortgagorBorrower’s obligation to indemnify and hold harmless Mortgagee Lender pursuant to the provisions hereof and the other Loan Documents and any provision which by its terms expressly survives prepayment or release shall survive any such payment or release.

Appears in 1 contract

Samples: www.sec.gov

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