Common use of RECORDING OF DEED OF TRUST, ETC Clause in Contracts

RECORDING OF DEED OF TRUST, ETC. Grantor forthwith upon the execution and delivery of this Deed of Trust and thereafter, from time to time, will cause this Deed of Trust, and any security instrument creating a lien or security interest or evidencing the lien hereof upon the Trust Property and each instrument of further assurance to be filed, registered or recorded in such manner and in such places as may be required by any present or future law in order to publish notice of and fully to protect the lien or security interest hereof upon, and the interest of Beneficiary in, the Trust Property. Grantor will pay all filing, registration or recording fees, the costs and fees of local counsel for Beneficiary including, without limitation, costs and fees for local counsel review of this Deed of Trust and the Subordination Agreement (hereinafter defined) and the preparation of opinion letters in connection therewith, and all expenses incident to the preparation, execution and acknowledgment of this Deed of Trust, any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Trust Property and any instrument of further assurance, and all federal, state, county and municipal, taxes, duties, imposts, assessments and charges arising out of or in connection with the execution and delivery of this Deed of Trust, any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Trust Property or any instrument of further assurance (other than income or franchise taxes imposed on Beneficiary), except where prohibited by law so to do. Grantor shall hold harmless and indemnify Beneficiary, its successors and assigns, against any liability incurred by reason of the imposition of any tax on the making and recording of this Deed of Trust. Grantor shall pay all title costs and premiums in connection with the Mortgagee's Policy of Title Insurance Policy issued by Chicago Title Insurance Company for the benefit of Beneficiary in connection with this Deed of Trust (including payment for the cost of any property surveys ("SURVEYS") prepared in connection therewith), which title insurance policy shall be in form and substance satisfactory to Beneficiary containing such endorsements as Beneficiary may reasonably request, including, without limitation, the deletion of any creditor's rights exception and (to the extent available) a variable rate endorsement; survey endorsement; comprehensive endorsement; first loss endorsement; last dollar endorsement; tie-in endorsement; future advances endorsement; access coverage; tax parcel coverage; contiguity (if applicable) coverage; and such other endorsements as Beneficiary shall reasonably require. In the event that any Survey with respect to the Trust Property reveals any encumbrances, restrictions, building code or zoning violations or other matters which in Beneficiary's reasonable judgment materially impair Beneficiary's security interest in the Trust Property, Grantor agrees to cooperate with Beneficiary in performing any acts reasonably requested by Beneficiary to cause such encumbrances, restrictions, violations or other matters to be removed or remedied as appropriate.

Appears in 5 contracts

Samples: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Discovery Zone Inc), Deed of Trust (Discovery Zone Inc), Deed of Trust (Discovery Zone Inc)

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RECORDING OF DEED OF TRUST, ETC. Grantor forthwith upon the execution and delivery of this Deed of Trust and thereafter, from time to time, will cause this Deed of Trust, and any security instrument creating a lien or security interest or evidencing the lien hereof upon the Trust Property and each instrument of further assurance to be filed, registered or recorded in such manner and in such places as may be required by any present or future law in order to publish notice of and fully to protect the lien or security interest hereof upon, and the interest of Beneficiary in, the Trust Property. Grantor will pay all filing, registration or recording fees, the costs and fees of local counsel for Beneficiary Beneficiary, including, without limitation, costs and fees for local counsel review of this the Deed of Trust and the Subordination Agreement (hereinafter defined) Subordinated Agreement, and the preparation of opinion letters in connection therewith, and all expenses incident to the preparation, execution and acknowledgment of this Deed of Trust (but not including fees of Beneficiary's New York counsel in connection with the preparation of this Deed of Trust), any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Trust Property and any instrument of further assurance, and all federal, state, county and municipal, taxes, duties, imposts, assessments and charges arising out of or in connection with the execution and delivery of this Deed of Trust, any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Trust Property or any instrument of further assurance (other than income or franchise taxes imposed on Beneficiary), except where prohibited by law so to do. Grantor shall hold harmless and indemnify Beneficiary, its successors and assigns, against any liability incurred by reason of the imposition of any tax on the making and recording of this Deed of Trust. Grantor shall pay all title costs and premiums in connection with the MortgageeBeneficiary's Policy policy of Title Insurance Policy title insurance issued by Chicago Title Insurance Company for the benefit of Beneficiary in connection with this Deed of Trust (including payment for the cost of any property surveys ("SURVEYS") prepared in connection therewith), which title insurance policy shall be in form and substance satisfactory to Beneficiary containing such endorsements as Beneficiary may reasonably request, including, without limitation, the deletion of any creditor's rights exception and (to the extent available) a variable rate endorsement; survey endorsement; comprehensive endorsement; first loss endorsement; last dollar endorsement; tie-in endorsement; future advances endorsement; access coverage; tax parcel coverage; contiguity (if applicable) coverage; and such other endorsements as Beneficiary shall reasonably require. In the event that any Survey with respect to the Trust Property reveals any encumbrances, restrictions, building code or zoning violations or other matters which in Beneficiary's reasonable judgment judgment, materially impair Beneficiary's security interest first priority lien in the Trust Property, Grantor agrees to cooperate with Beneficiary in performing any acts reasonably requested by Beneficiary to cause such encumbrances, restrictions, violations or other matters to be removed or remedied as appropriate.

Appears in 3 contracts

Samples: Deed of Trust (Discovery Zone Inc), Deed of Trust (Discovery Zone Inc), Deed of Trust (Discovery Zone Inc)

RECORDING OF DEED OF TRUST, ETC. Grantor forthwith upon the execution and delivery of this Deed of Trust and thereafter, from time to time, will cause this Deed of Trust, and any security instrument creating a lien or security interest or evidencing the lien hereof upon the Trust Property and each instrument of further assurance to be filed, registered or recorded in such manner and in such places as may be required by any present or future law in order to publish notice of and fully to protect the lien or security interest hereof upon, and the interest of Beneficiary in, the Trust Property. Grantor will pay all filing, registration or recording fees, the costs and fees of local counsel for Beneficiary Beneficiary, including, without limitation, costs and fees for local counsel review of this the Deed of Trust and the Subordination Agreement (hereinafter defined) Subordinated Agreement, and the preparation of opinion letters in connection therewith, and all expenses incident to the preparation, execution and acknowledgment of this Deed of Trust (but not including fees of Beneficiary's New York counsel in connection with the preparation of this Deed of Trust), any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Trust Property and any instrument of further assurance, and all federal, state, county and municipal, taxes, duties, imposts, assessments and charges arising out of or in connection with the execution and delivery of this Deed of Trust, any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Trust Property or any instrument of further assurance (other than income or franchise taxes imposed on Beneficiary), except where prohibited by law so to do. Grantor shall hold harmless and indemnify Beneficiary, its successors and assigns, against any liability incurred by reason of the imposition of any tax on the making and recording of this Deed of Trust. Grantor shall pay all title costs and premiums in connection with the MortgageeALTA lender's Policy of Title Insurance Policy title insurance policy issued by Chicago Title Insurance Company for the benefit of Beneficiary in connection with this Deed of Trust (including payment for the cost of any property surveys ("SURVEYS") prepared in connection therewith), which title insurance policy shall be in form and substance satisfactory to Beneficiary containing such endorsements as Beneficiary may reasonably request, including, without limitation, the deletion of any creditor's rights exception and (to the extent available) a variable rate endorsement; survey endorsement; comprehensive endorsement; first loss endorsement; last dollar endorsement; tie-in endorsement; future advances endorsement; access coverage; tax parcel coverage; contiguity (if applicable) coverage; and such other endorsements as Beneficiary shall reasonably require. In the event that any Survey with respect to the Trust Property reveals any encumbrances, restrictions, building code or zoning violations or other matters which in Beneficiary's reasonable judgment judgment, materially impair Beneficiary's security interest first priority lien in the Trust Property, Grantor agrees to cooperate with Beneficiary in performing any acts reasonably requested by Beneficiary to cause such encumbrances, restrictions, violations or other matters to be removed or remedied as appropriate.

Appears in 2 contracts

Samples: Deed of Trust (Discovery Zone Inc), Deed of Trust (Discovery Zone Inc)

RECORDING OF DEED OF TRUST, ETC. Grantor Trustor forthwith upon the execution and delivery of this Deed of Trust and thereafter, from time to time, will cause this Deed of Trust, and any security instrument creating a lien or security interest or evidencing the lien hereof upon the Trust Property and each instrument of further assurance to be filed, registered or recorded in such manner and in such places as may be required by any present or future law in order to publish notice of and fully to protect the lien or security interest hereof upon, and the interest of Beneficiary in, the Trust Property. Grantor Trustor will pay all filing, registration or recording fees, the costs and fees of local counsel for Beneficiary including, without limitation, costs and fees for local counsel review of this Deed of Trust and the Subordination Agreement (hereinafter defined) and the preparation of opinion letters in connection therewith, and all expenses incident to the preparation, execution and acknowledgment of this Deed of Trust, any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Trust Property and any instrument of further assurance, and all federal, state, county and municipal, taxes, duties, imposts, assessments and charges arising out of or in connection with the execution and delivery of this Deed of Trust, any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Trust Property or any instrument of further assurance (other than income or franchise taxes imposed on Beneficiary)assurance, except where prohibited by law so to do. Grantor shall hold harmless and indemnify BeneficiaryTRUSTOR HEREBY AGREES, its successors and assignsAT ITS SOLE COST AND EXPENSE, against any liability incurred by reason of the imposition of any tax on the making and recording of this Deed of Trust. Grantor shall pay all title costs and premiums in connection with the Mortgagee's Policy of Title Insurance Policy issued by Chicago Title Insurance Company for the benefit of Beneficiary in connection with this Deed of Trust TO PROTECT, DEFEND, INDEMNIFY, RELEASE AND HOLD HARMLESS THE INDEMNIFIED PARTIES (including payment for the cost of any property surveys AS DEFINED BELOW) FROM AND AGAINST ANY AND ALL LOSSES ("SURVEYS"AS DEFINED BELOW) prepared in connection therewith), which title insurance policy shall be in form and substance satisfactory to Beneficiary containing such endorsements as Beneficiary may reasonably request, including, without limitation, the deletion of any creditor's rights exception and (to the extent available) a variable rate endorsement; survey endorsement; comprehensive endorsement; first loss endorsement; last dollar endorsement; tie-in endorsement; future advances endorsement; access coverage; tax parcel coverage; contiguity (if applicable) coverage; and such other endorsements as Beneficiary shall reasonably require. In the event that any Survey with respect to the Trust Property reveals any encumbrances, restrictions, building code or zoning violations or other matters which in Beneficiary's reasonable judgment materially impair Beneficiary's security interest in the Trust Property, Grantor agrees to cooperate with Beneficiary in performing any acts reasonably requested by Beneficiary to cause such encumbrances, restrictions, violations or other matters to be removed or remedied as appropriateIMPOSED UPON OR INCURRED BY OR ASSERTED AGAINST ANY INDEMNIFIED PARTIES AND DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN ANY WAY RELATING TO ANY TAX ON THE MAKING AND/OR RECORDING OF ANY OF THE LOAN DOCUMENTS.

Appears in 2 contracts

Samples: Deed of Trust (Republic Property Trust), Deed of Trust (Republic Property Trust)

RECORDING OF DEED OF TRUST, ETC. Grantor forthwith upon the execution and delivery of this Deed of Trust and thereafter, from time to time, will cause this Deed of Trust, and any security instrument creating a lien or security interest or evidencing the lien hereof upon the Trust Property and each instrument of further assurance to be filed, registered or recorded in such manner and in such places as may be required by any present or future law in order to publish notice of and fully to protect the lien or security interest hereof upon, and the interest of Beneficiary in, the Trust Property. Grantor will pay all filing, registration or recording fees, the costs and fees of local counsel for Beneficiary including, without limitation, costs and fees for local counsel review of this Deed of Trust and the Subordination Agreement (hereinafter defined) and the preparation of opinion letters in connection therewith, and all expenses incident to the preparation, execution and acknowledgment of this Deed of Trust, any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Trust Property and any instrument of further assurance, and all federal, state, county and municipal, taxes, duties, imposts, assessments and charges arising out of or in connection with the execution and delivery of this Deed of Trust, any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Trust Property or any instrument of further assurance (other than income or franchise taxes imposed on Beneficiary), except where prohibited by law so to do. Grantor shall hold harmless and indemnify Beneficiary, its successors and assigns, against any liability incurred by reason of the imposition of any tax on the making and recording of this Deed of Trust. Grantor shall pay all title costs and premiums in connection with the MortgageeALTA lender's Policy of Title Insurance Policy title insurance policy issued by Chicago Title Insurance Company for the benefit of Beneficiary in connection with this Deed of Trust (including payment for the cost of any property surveys ("SURVEYSSurveys") prepared in connection therewith), which title insurance policy shall be in form and substance satisfactory to Beneficiary containing such endorsements as Beneficiary may reasonably request, including, without limitation, the deletion of any creditor's rights exception and (to the extent available) a variable rate endorsement; survey endorsement; comprehensive endorsement; first loss endorsement; last dollar endorsement; tie-in endorsement; future advances endorsement; access coverage; tax parcel coverage; contiguity (if applicable) coverage; and such other endorsements as Beneficiary shall reasonably require. In the event that any Survey with respect to the Trust Property reveals any encumbrances, restrictions, building code or zoning violations or other matters which in Beneficiary's reasonable judgment materially impair Beneficiary's security interest in the Trust Property, Grantor agrees to cooperate with Beneficiary in performing any acts reasonably requested by Beneficiary to cause such encumbrances, restrictions, violations or other matters to be removed or remedied as appropriate.

Appears in 2 contracts

Samples: Deed of Trust (Discovery Zone Inc), Deed of Trust (Discovery Zone Inc)

RECORDING OF DEED OF TRUST, ETC. Grantor Trustor forthwith upon the execution and delivery of this Deed of Trust and thereafter, from time to timeTrust, will cause this Deed of Trust, and any security instrument creating a lien or security interest or evidencing the lien hereof upon the Folsom Trust Property and Property, to be filed, registered or recorded and, thereafter, from time to time, each such other instrument of further assurance to be filed, registered or recorded recorded, all in such manner and in such places as may be required by any present or future law in order to publish notice of and fully to protect the lien or security interest hereof upon, and the interest interests of Beneficiary and Trustee in, the Folsom Trust Property. Grantor Trustor will pay all filing, registration or recording fees, the costs and fees of local counsel for Beneficiary including, without limitation, costs and fees for local counsel review of this Deed of Trust and the Subordination Agreement (hereinafter defined) and the preparation of opinion letters in connection therewith, and all expenses incident to the preparation, execution and acknowledgment of this Deed of Trust, any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Folsom Trust Property and any instrument of further assurance, and all federal, state, county and municipal, taxes, duties, imposts, assessments and charges arising out of or in connection with the execution and making, execution, delivery and/or recording of this Deed of Trust, any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Folsom Trust Property or any instrument of further assurance (other than income or franchise taxes imposed on Beneficiary)assurance, except where prohibited by law so to do. Grantor Trustor shall hold harmless and indemnify Beneficiary, its successors and assigns, against any liability incurred by reason of the imposition of any tax on the making and making, execution, delivery and/or recording of this Deed of Trust. Grantor shall pay all title costs and premiums in connection with the Mortgagee's Policy , any deed of Title Insurance Policy issued by Chicago Title Insurance Company for the benefit of Beneficiary in connection with this Deed of Trust (including payment for the cost of trust supplemental hereto, any property surveys ("SURVEYS") prepared in connection therewith), which title insurance policy shall be in form and substance satisfactory to Beneficiary containing such endorsements as Beneficiary may reasonably request, including, without limitation, the deletion of any creditor's rights exception and (to the extent available) a variable rate endorsement; survey endorsement; comprehensive endorsement; first loss endorsement; last dollar endorsement; tie-in endorsement; future advances endorsement; access coverage; tax parcel coverage; contiguity (if applicable) coverage; and such other endorsements as Beneficiary shall reasonably require. In the event that any Survey security instrument with respect to the Folsom Trust Property reveals or any encumbrances, restrictions, building code or zoning violations or other matters which in Beneficiary's reasonable judgment materially impair Beneficiary's security interest in the Trust Property, Grantor agrees to cooperate with Beneficiary in performing any acts reasonably requested by Beneficiary to cause such encumbrances, restrictions, violations or other matters to be removed or remedied as appropriateinstrument of further assurance.

Appears in 1 contract

Samples: Deed of Trust (West Coast Realty Investors Inc)

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RECORDING OF DEED OF TRUST, ETC. Grantor forthwith The Borrower forthwith, upon the execution and delivery of this Deed of Trust and thereafter, from time to timeTrust, will cause this Deed of Trust, and any security instrument creating a lien or security interest or evidencing the lien hereof upon the Trust Mortgaged Property (including any assignment of leases and rents), to be filed, registered or recorded, and thereafter from time to time, each such other instrument of further assurance to be filed, registered or recorded recorded, all in such manner and in such places as may be required by any present or future law in order to publish notice of and fully to protect the lien or security interest hereof upon, and the interest of the Beneficiary in, the Trust Mortgaged Property. Grantor The Borrower will pay (a) all filing, registration or and recording fees, the costs fees and fees of local counsel for Beneficiary taxes (including, without limitation, costs mortgage recording taxes, intangible taxes and fees for local counsel review of this Deed of Trust and the Subordination Agreement (hereinafter defined) and the preparation of opinion letters in connection therewithdocumentary stamps), and all other expenses (including, without limitation, attorneys' fees and disbursements), incident to or arising in connection with the Secured Obligations and/or the preparation, execution and acknowledgment execution, acknowledgment, enforcement, delivery and/or recording of this Deed of Trust, any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Trust Mortgaged Property (including, without limitation, any assignment of leases and rents) and any instrument of further assuranceassurance (including, without limitation, any fees and taxes due in connection with any future advances, re-advances or re-loans under the Bonds), and (b) all federal, state, county and municipal, taxes, duties, imposts, assessments and charges arising out of or in connection with the execution and Secured Obligations and/or the making, execution, enforcement, delivery and/or recording of this Deed of Trust, any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Trust Mortgaged Property or (including any assignment of leases and rents), and/or any instrument of further assurance (other than income including, without limitation, any such fees and taxes due in connection with any future advances, re-advances or franchise taxes imposed on Beneficiaryre-loans under the Bonds), except where prohibited by law so to do. Grantor In default thereof, the Beneficiary may advance the same and the amount so advanced shall be payable by the Borrower to the Beneficiary within ten (10) days after demand therefor, together with interest thereon at the Default Rate from the date of the advance thereof until such amount(s) are repaid in full. The Borrower shall hold harmless and indemnify the Beneficiary, its successors and assigns, against any liability incurred by reason of the imposition of any tax on the making and making, execution, delivery and/or recording of this Deed of Trust. Grantor shall pay all title costs and premiums in connection with the Mortgagee's Policy of Title Insurance Policy issued by Chicago Title Insurance Company for the benefit of Beneficiary in connection with this Deed of Trust (including payment for the cost of , any property surveys ("SURVEYS") prepared in connection therewith)mortgage supplemental hereto, which title insurance policy shall be in form and substance satisfactory to Beneficiary containing such endorsements as Beneficiary may reasonably request, including, without limitation, the deletion of any creditor's rights exception and (to the extent available) a variable rate endorsement; survey endorsement; comprehensive endorsement; first loss endorsement; last dollar endorsement; tie-in endorsement; future advances endorsement; access coverage; tax parcel coverage; contiguity (if applicable) coverage; and such other endorsements as Beneficiary shall reasonably require. In the event that any Survey security instrument with respect to the Trust Mortgaged Property reveals or any encumbrances, restrictions, building code or zoning violations or other matters which in Beneficiary's reasonable judgment materially impair Beneficiary's security interest in the Trust Property, Grantor agrees to cooperate with Beneficiary in performing any acts reasonably requested by Beneficiary to cause such encumbrances, restrictions, violations or other matters to be removed or remedied as appropriateinstrument of further assurance.

Appears in 1 contract

Samples: Deed of Trust (RFS Hotel Investors Inc)

RECORDING OF DEED OF TRUST, ETC. Grantor forthwith upon the execution and delivery of this Deed of Trust and thereafter, from time to time, will cause this Deed of Trust, and any security instrument creating a lien or security interest or evidencing the lien hereof upon the Trust Property and each instrument of further assurance to be filed, registered or recorded in such manner and in such places as may be required by any present or future law in order to publish notice of and fully to protect the lien or security interest hereof upon, and the interest of Beneficiary in, the Trust Property. Grantor will pay all filing, registration or recording fees, the costs and fees of local counsel for Beneficiary including, without limitation, costs and fees for local counsel review of this Deed of Trust and the Subordination Agreement (hereinafter defined) and the preparation of opinion letters in connection therewith, and all expenses incident to the preparation, execution and acknowledgment of this Deed of Trust, any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Trust Property and any instrument of further assurance, and all federal, state, county and municipal, taxes, duties, imposts, assessments and charges arising out of or in connection with the execution and delivery of this Deed of Trust, any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Trust Property or any instrument of further assurance (other than income or franchise taxes imposed on Beneficiary), except where prohibited by law so to do. Grantor shall hold harmless and indemnify Beneficiary, its successors and assigns, against any liability incurred by reason of the imposition of any tax on the making and recording of this Deed of Trust. Grantor shall pay all title costs and premiums in connection with the MortgageeALTA lender's Policy of Title Insurance Policy title insurance policy issued by Chicago Title Insurance Company for the benefit of Beneficiary in connection with this Deed of Trust (including payment for the cost of any property surveys ("SURVEYS") prepared in connection therewith), which title insurance policy shall be in form and substance satisfactory to Beneficiary containing such endorsements as Beneficiary may reasonably request, including, without limitation, the deletion of any creditor's rights exception and (to the extent available) a variable rate endorsement; survey endorsement; comprehensive endorsement; first loss endorsement; last dollar endorsement; tie-in endorsement; future advances endorsement; access coverage; tax parcel coverage; contiguity (if applicable) coverage; and such other endorsements as Beneficiary shall reasonably require. In the event that any Survey with respect to the Trust Property reveals any encumbrances, restrictions, building code or zoning violations or other matters which in Beneficiary's reasonable judgment materially impair Beneficiary's security interest in the Trust Property, Grantor agrees to cooperate with Beneficiary in performing any acts reasonably requested by Beneficiary to cause such encumbrances, restrictions, violations or other matters to be removed or remedied as appropriate.

Appears in 1 contract

Samples: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Discovery Zone Inc)

RECORDING OF DEED OF TRUST, ETC. Grantor forthwith upon the execution and delivery of this Deed of Trust and thereafter, from time to time, will cause this Deed of Trust, and any security instrument creating a lien or security interest or evidencing the lien hereof upon the Trust Property and each instrument of further assurance to be filed, registered or recorded in such manner and in such places as may be required by any present or future law in order to publish notice of and fully to protect the lien or security interest hereof upon, and the interest of Beneficiary in, the Trust Property. Grantor will pay all filing, registration or recording fees, the costs and fees of local counsel for Beneficiary Beneficiary, including, without limitation, costs and fees for local counsel review of this the Deed of Trust and the Subordination Agreement (hereinafter defined) Agreement, and the preparation of opinion letters in connection therewith, and all expenses incident to the preparation, execution and acknowledgment of this Deed of Trust (but not including fees of Beneficiary's New York counsel in connection with the preparation of this Deed of Trust), any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Trust Property and any instrument of further assurance, and all federal, state, county and municipal, taxes, duties, imposts, assessments and charges arising out of or in connection with the execution and delivery of this Deed of Trust, any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Trust Property or any instrument of further assurance (other than income or franchise taxes imposed on Beneficiary), except where prohibited by law so to do. Grantor shall hold harmless and indemnify Beneficiary, its successors and assigns, against any liability incurred by reason of the imposition of any tax on the making and recording of this Deed of Trust. Grantor shall pay all title costs and premiums in connection with the MortgageeALTA lender's Policy of Title Insurance Policy title insurance policy issued by Chicago Title Insurance Company for the benefit of Beneficiary in connection with this Deed of Trust (including payment for the cost of any property surveys ("SURVEYS") prepared in connection therewith), which title insurance policy shall be in form and substance satisfactory to Beneficiary containing such endorsements as Beneficiary may reasonably request, including, without limitation, the deletion of any creditor's rights exception and (to the extent available) a variable rate endorsement; survey endorsement; comprehensive endorsement; first loss endorsement; last dollar endorsement; tie-in endorsement; future advances endorsement; access coverage; tax parcel coverage; contiguity (if applicable) coverage; and such other endorsements as Beneficiary shall reasonably require. In the event that any Survey with respect to the Trust Property reveals any encumbrances, restrictions, building code or zoning violations or other matters which in Beneficiary's reasonable judgment judgment, materially impair Beneficiary's security interest first priority lien in the Trust Property, Grantor agrees to cooperate with Beneficiary in performing any acts reasonably requested by Beneficiary to cause such encumbrances, restrictions, violations or other matters to be removed or remedied as appropriate.

Appears in 1 contract

Samples: Deed of Trust, Assignment of Leases and Rents, Security Agreement (Discovery Zone Inc)

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