Pledges of Monies Held. Borrower hereby pledges to Lender any and all monies now or hereafter held by Lender or on behalf of Lender, including, without limitation, any sums deposited in the Lockbox Account, the Cash Management Account, the Reserve Funds and Net Proceeds, as additional security for the Obligations until expended or applied as provided in this Security Instrument. 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 benefit of 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 Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Security Instrument, shall well and truly perform the Other Obligations (hereafter defined) as set forth in this Security Instrument and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void; provided, however, that Borrower’s obligation to indemnify and hold harmless 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. Borrower Mortgagor hereby pledges to Lender Mortgagee any and all monies now or hereafter held by Lender Mortgagee or on behalf of LenderMortgagee in connection with the Building Loan, including, without limitation, any sums deposited in the Lockbox Account, the Cash Management Account, Accounts (as defined in the Reserve Funds and Security Agreement) and Net Proceeds, as additional security for the Obligations until expended or applied as provided in this Security Instrument. TO HAVE AND TO HOLD the above granted and described Property unto and TO WARRANT AND DEFEND the title to the Property unto the Trustee use and to his or her successors and assigns for the benefit of Lender Mortgagee 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 Borrower Mortgagor shall well and truly pay to Lender Mortgagee the Debt at the time and in the manner provided in the Building Loan Note, the Building Loan Agreement and Agreement, this Security InstrumentInstrument and the other Building Loan Documents, shall well and truly perform the Other Obligations (hereafter defined) as set forth in this Security Instrument and shall well and truly 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 BorrowerMortgagor’s obligation to indemnify and hold harmless Lender and Trustee Mortgagee pursuant to the provisions hereof shall survive any such payment or release.
Appears in 1 contract
Samples: Mortgage Agreement (KBS Real Estate Investment Trust, Inc.)
Pledges of Monies Held. Borrower hereby pledges to Lender any and all monies now or hereafter held by Lender or on behalf of LenderLender in connection with the Loan, including, without limitation, any sums deposited in the Lockbox Account, Accounts (as defined in the Cash Management Account, the Reserve Funds 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 WARRANT AND DEFEND the title to the Property unto the Trustee use and to his or her successors and assigns for the benefit of 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 Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Security InstrumentMortgage, shall well and truly perform the Other Obligations (hereafter defined) as set forth in this Security Instrument Mortgage and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void; provided, however, that Borrower’s 's obligation to indemnify and hold harmless Lender and Trustee pursuant to the provisions hereof shall survive any such payment or release.
Appears in 1 contract
Samples: Mortgage, Assignment of Leases and Rents and Security Agreement (Glimcher Realty Trust)
Pledges of Monies Held. Borrower hereby pledges to Lender any and all monies now or hereafter held by Lender or on behalf of LenderLender in connection with the Loan, including, without limitation, any sums deposited in the Lockbox Account, Accounts (as defined in the Cash Management AccountAgreement), the Reserve Funds 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 WARRANT AND DEFEND the title to the Property unto the Trustee use and to his or her successors and assigns for the benefit of Lender and its successors and assigns, forever; IN TRUST WITH POWER OF SALE, to secure for the payment to Lender unexpired term or extended term of the Debt at the time and in the manner provided for in the NoteLease (or if Borrower shall acquire fee simple title, the Loan Agreement and in this Security Instrumentthen, forever); PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Security InstrumentMortgage, shall well and truly perform the Other Obligations (hereafter defined) as set forth in this Security Instrument Mortgage and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void; provided, however, that Borrower’s obligation to indemnify and hold harmless Lender and Trustee 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: Leasehold Mortgage, Assignment of Rents and Security Agreement
Pledges of Monies Held. Borrower hereby pledges to Lender any and all monies now or hereafter held by Lender or on behalf of Lender, including, without limitation, any sums deposited in the Lockbox Account, the Cash Management Account, the Reserve 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 TO WARRANT AND DEFEND the title on behalf of Lender and to the Property unto the Trustee use and to his or her successors and assigns for the benefit of Lender and its Trustee, and for their successors and assigns, assigns forever; IN TRUST TRUST, WITH POWER OF SALE, to secure the payment to Lender of the Debt 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 NoteLoan Agreement, the Loan Agreement Note and in this Security Instrument; . PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Security Instrument, shall well and truly perform the Other Obligations (hereafter defined) as set forth in this Security Instrument and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void; provided, however, that Borrower’s 's obligation to indemnify and hold harmless Lender and Trustee pursuant to the provisions hereof shall survive any such payment or release.
Appears in 1 contract
Samples: Deed of Trust
Pledges of Monies Held. Borrower hereby pledges to Lender any and all monies now or hereafter held by Lender or on behalf of Lender, including, without limitation, any sums deposited in the Lockbox Account, the Cash Management Account, the Reserve 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 WARRANT AND DEFEND the title to the Property unto the Trustee use and to his or her successors and assigns for the benefit of 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 Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Security InstrumentMortgage, shall well and truly perform the Other Obligations (hereafter defined) as set forth in this Security Instrument Mortgage and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void; provided, however, that Borrower’s 's obligation to indemnify and hold harmless Lender and Trustee pursuant to the provisions hereof shall survive any such payment or release.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Glimcher Realty Trust)