Common use of Prima Facie Evidence Clause in Contracts

Prima Facie Evidence. Mortgagor agrees that, in any assignments, deeds, bills of sale, notices of sale, or postings, given by Mortgagee, any and all statements of fact or other recitals therein made as to the identity of Mortgagee, or as to the occurrence or existence of any Event of Default, or as to the acceleration of the maturity of the Secured Obligations, or as to the request to sell, posting of notice of sale, notice of sale, time, place, terms and manner of sale and receipt, distribution and application of the money realized therefrom, and without being limited by the foregoing, as to any other act or thing having been duly done by Mortgagee, shall be taken by all courts of law and equity as prima facie evidence that such statements or recitals state facts and are without further question to be so accepted, and Mortgagor does hereby ratify and confirm any and all acts that Mortgagee may lawfully do by virtue hereof.

Appears in 12 contracts

Samples: Mortgage, Security Agreement, Fixture Filing, and Assignment of Leases and Rents (Griffin Capital Essential Asset REIT, Inc.), Second Mortgage, Security Agreement, Fixture Filing, and Assignment of Leases and Rents (Griffin Capital Essential Asset REIT, Inc.), Open End Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (GTJ REIT, Inc.)

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Prima Facie Evidence. Mortgagor Borrower agrees that, in any assignments, deeds, bills of sale, notices of sale, or postings, given by MortgageeLender, any and all statements of fact or other recitals therein made as to the identity of MortgageeLender, or as to the occurrence or existence of any Event of Default, or as to the acceleration of the maturity of the Secured Obligations, or as to the request to sell, posting of notice of sale, notice of sale, time, place, terms and manner of sale and receipt, distribution and application of the money realized therefrom, and without being limited by the foregoing, as to any other act or thing having been duly done by MortgageeLender, shall be taken by all courts of law and equity as prima facie evidence that such statements or recitals state facts and are without further question to be so accepted, and Mortgagor Borrower does hereby ratify and confirm any and all acts that Mortgagee Lender may lawfully do by virtue hereof.

Appears in 1 contract

Samples: Open End Mortgage (Postal Realty Trust, Inc.)

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