Common use of Priority of Mortgages Clause in Contracts

Priority of Mortgages. The lien securing each Mortgage Investment will not be junior to more than two other encumbrances (a first and, in some cases a second deed of trust) on the real property (the "security property") which is to be used as security for the loan. Although the Partnership may also make wrap-around (or "all-inclusive") Mortgage Investment, those wrap-around Mortgage Investments will include no more than two (2) underlying obligations (See "CERTAIN LEGAL ASPECTS OF Mortgage Investments - Special Considerations in Connection with Junior Encumbrances"). The General Partners anticipate that the Partnership's Mortgage Investments will be diversified as to priority approximately as follows: first mortgages - thirty-five percent (35%); second mortgages - sixty percent (60%); third mortgages - five percent (5%). As of June 30, 1996, of the Partnership's outstanding Mortgage Investment portfolio, forty-two percent (42%) were secured by first mortgages, fifty-six percent (56%) by second mortgages and two percent (2%) by third mortgages.

Appears in 7 contracts

Samples: Subscription Agreement (Redwood Mortgage Investors Viii), Subscription Agreement (Redwood Mortgage Investors Viii), Subscription Agreement (Redwood Mortgage Investors Viii)

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