Recording of Mortgage, Etc. Mortgagor forthwith upon the execution and delivery of this Mortgage and thereafter, from time to time, will cause this Mortgage, and any security instrument creating a lien or security interest or evidencing the lien hereof upon the Mortgaged 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 Mortgagee in, the Mortgaged Property. Mortgagor will pay all filing, registration or recording fees, the costs and fees of local counsel for Mortgagee, including, without limitation, costs and fees for local counsel review of the Mortgage and Subordination Agreement and the preparation of opinion letters in connection therewith, and all expenses incident to the execution and acknowledgment of this Mortgage (but not including fees of Mortgagee's New York counsel in connection with the preparation of this Mortgage), any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Mortgaged 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 Mortgage, any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Mortgaged Property or any instrument of further assurance (other than income or franchise taxes imposed on Mortgagee), except where prohibited by law so to do. Mortgagor shall hold harmless and indemnify Mortgagee, its successors and assigns, against any liability incurred by reason of the imposition of any tax on the making and recording of this Mortgage. Mortgagor shall pay all title costs and premiums in connection with the ALTA lender's title insurance policy issued by Chicago Title Insurance Company for the benefit of Mortgagee in connection with this Mortgage (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 Mortgagee containing such endorsements as Mortgagee 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 Mortgagee shall reasonably require. In the event that any Survey with respect to the Mortgaged Property reveals any encumbrances, restrictions, building code or zoning violations or other matters which in Mortgagee's reasonable judgment, materially impair Mortgagee's first priority lien in the Mortgaged Property, Mortgagor agrees to cooperate with Mortgagee in performing any acts reasonably requested by Mortgagee to cause such encumbrances, restrictions, violations or other matters to be removed or remedied as appropriate.
Appears in 6 contracts
Samples: Mortgage, Assignment of Leases and Rents, Security Agreement (Discovery Zone Inc), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Discovery Zone Inc), Mortgage (Discovery Zone Inc)
Recording of Mortgage, Etc. Mortgagor forthwith upon the execution and delivery of this Mortgage and thereafter, from time to time, will cause this Mortgage, and any security instrument creating a lien or security interest or evidencing the lien hereof upon the Mortgaged 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 Mortgagee in, the Mortgaged Property. Mortgagor will pay all filing, registration or recording fees, the costs and fees of local counsel for Mortgagee, Mortgagee including, without limitation, costs and fees for local counsel review of the this Mortgage 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 Mortgage (but not including fees of Mortgagee's New York counsel in connection with the preparation of this Mortgage), any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Mortgaged 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 Mortgage, any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Mortgaged Property or any instrument of further assurance (other than income or franchise taxes imposed on Mortgagee), except where prohibited by law so to do. Mortgagor shall hold harmless and indemnify Mortgagee, its successors and assigns, against any liability incurred by reason of the imposition of any tax on the making and recording of this Mortgage. Mortgagor shall pay all title costs and premiums in connection with the ALTA lender's title insurance policy issued by Chicago Title Insurance Company for the benefit of Mortgagee in connection with this Mortgage (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 Mortgagee containing such endorsements as Mortgagee 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 Mortgagee shall reasonably require. In the event that any Survey with respect to the Mortgaged Property reveals any encumbrances, restrictions, building code or zoning violations or other matters which in Mortgagee's reasonable judgment, judgment materially impair Mortgagee's first priority lien security interest in the Mortgaged Property, Mortgagor agrees to cooperate with Mortgagee in performing any acts reasonably requested by Mortgagee to cause such encumbrances, restrictions, violations or other matters to be removed or remedied as appropriate.
Appears in 5 contracts
Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Discovery Zone Inc), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Discovery Zone Inc), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Discovery Zone Inc)
Recording of Mortgage, Etc. Mortgagor forthwith upon the execution and delivery of this Mortgage and thereafter, from time to time, will cause this Mortgage, and any security instrument creating a lien or security interest or evidencing the lien hereof upon the Mortgaged 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 Mortgagee in, the Mortgaged Property. Mortgagor will pay all filing, registration or recording fees, the costs and fees of local counsel for Mortgagee, Mortgagee including, without limitation, costs and fees for local counsel review of the this Mortgage 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 Mortgage (but not including fees of Mortgagee's New York counsel in connection with the preparation of this Mortgage), any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Mortgaged 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 Mortgage, any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Mortgaged Property or any instrument of further assurance (other than income or franchise taxes imposed on Mortgagee), except where prohibited by law so to do. Mortgagor shall hold harmless and indemnify Mortgagee, its successors and assigns, against any liability incurred by reason of the imposition of any tax on the making and recording of this Mortgage. Mortgagor shall pay all title costs and premiums in connection with the ALTA lender's title insurance policy issued by Chicago Title Insurance Company for the benefit of Mortgagee in connection with this Mortgage (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 Mortgagee containing such endorsements as Mortgagee 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 Mortgagee shall reasonably require. In the event that any Survey with respect to the Mortgaged Property reveals any encumbrances, restrictions, building code or zoning violations or other matters which in Mortgagee's reasonable judgment, judgment materially impair Mortgagee's first priority lien security interest in the Mortgaged Property, Mortgagor agrees to cooperate with Mortgagee in performing any acts reasonably requested by Mortgagee to cause such encumbrances, restrictions, violations or other matters to be removed or remedied as appropriate.
Appears in 2 contracts
Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Discovery Zone Inc), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Discovery Zone Inc)
Recording of Mortgage, Etc. Mortgagor forthwith upon the execution and delivery of this Mortgage and thereafter, from time to time, will cause this Mortgage, and any security instrument creating a lien or security interest or evidencing the lien hereof upon the Mortgaged 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 Mortgagee in, the Mortgaged Property. Mortgagor will pay all filing, registration or recording fees, the costs and fees of local counsel for Mortgagee, including, without limitation, costs and fees for local counsel review of the Mortgage and Subordination Agreement and the preparation of opinion letters in connection therewith, and all expenses incident to the preparation, execution and acknowledgment of this Mortgage (but not including fees of Mortgagee's New York counsel in connection with the preparation of this Mortgage), any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Mortgaged 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 Mortgage, any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Mortgaged Property or any instrument of further assurance (other than income or franchise taxes imposed on Mortgagee)assurance, except where prohibited by law so to do. Mortgagor shall hold harmless and indemnify MortgageeMORTGAGOR 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 Mortgage. Mortgagor shall pay all title costs and premiums in connection with the ALTA lender's title insurance policy issued by Chicago Title Insurance Company for the benefit of Mortgagee in connection with this Mortgage TO PROTECT, DEFEND, INDEMNIFY, RELEASE AND HOLD HARMLESS THE INDEMNIFIED PARTIES (including payment for the cost of any property surveys AS DEFINED BELOW) FOR, FROM AND AGAINST, AND SHALL BE RESPONSIBLE FOR, ANY AND ALL LOSSES ("Surveys"AS DEFINED BELOW) prepared in connection therewith), which title insurance policy shall be in form and substance satisfactory to Mortgagee containing such endorsements as Mortgagee 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 Mortgagee shall reasonably require. In the event that any Survey with respect to the Mortgaged Property reveals any encumbrances, restrictions, building code or zoning violations or other matters which in Mortgagee's reasonable judgment, materially impair Mortgagee's first priority lien in the Mortgaged Property, Mortgagor agrees to cooperate with Mortgagee in performing any acts reasonably requested by Mortgagee 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 IMPOSED UPON THE RECORDING OF ANY OF THE LOAN DOCUMENTS.
Appears in 2 contracts
Samples: Mortgage (American Realty Capital Healthcare Trust Inc), Mortgage Agreement (American Realty Capital Healthcare Trust Inc)
Recording of Mortgage, Etc. Mortgagor forthwith upon the execution and delivery of this Leasehold Mortgage and thereafter, from time to time, will shall cause this Leasehold Mortgage, and any security instrument creating a lien or security interest or evidencing the lien hereof upon the Mortgaged Property and each instrument of further assurance 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 Mortgagee in, the Mortgaged Property. Mortgagor will shall pay all filing, registration or recording fees, the costs and fees of local counsel for Mortgagee, including, without limitation, costs and fees for local counsel review of the Mortgage and Subordination Agreement and the preparation of opinion letters in connection therewith, and all expenses incident to the preparation, execution and acknowledgment of this Mortgage (but not including fees of Mortgagee's New York counsel in connection with the preparation of this Leasehold Mortgage), any deed modification of trust or mortgage supplemental heretosupplement to this Leasehold Mortgage or the Obligations, any security instrument with respect to the Mortgaged 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 Leasehold Mortgage, any deed modification of trust or mortgage supplemental heretosupplement to this Leasehold Mortgage or the Obligations, any security instrument with respect to the Mortgaged Property or any instrument of further assurance (other than income or franchise taxes imposed on Mortgagee)assurance, except where prohibited by law so to do. Mortgagor shall hold harmless and indemnify Mortgagee, its successors and assigns, against any liability incurred by reason of the imposition of any tax on the making and recording of this Leasehold Mortgage. Mortgagor shall pay all title costs and premiums in connection with the ALTA lender's title insurance policy issued by Chicago Title Insurance Company for the benefit of Mortgagee in connection with this Mortgage (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 Mortgagee containing such endorsements as Mortgagee 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 Mortgagee shall reasonably require. In the event that any Survey with respect to the Mortgaged Property reveals any encumbrances, restrictions, building code or zoning violations or other matters which in Mortgagee's reasonable judgment, materially impair Mortgagee's first priority lien in the Mortgaged Property, Mortgagor agrees to cooperate with Mortgagee in performing any acts reasonably requested by Mortgagee to cause such encumbrances, restrictions, violations or other matters to be removed or remedied as appropriate.
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Recording of Mortgage, Etc. Mortgagor forthwith upon the execution and delivery of this Mortgage and thereafter, from time to time, will cause this Mortgage, and any security instrument creating a lien or security interest or evidencing the lien hereof upon the Mortgaged 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 Mortgagee in, the Mortgaged Property. Mortgagor will pay all filing, registration or recording fees, the costs and fees of local counsel for Mortgagee, including, without limitation, costs and fees for local counsel review of the Mortgage and Subordination Agreement and the preparation of opinion letters in connection therewith, and all expenses incident to the execution and acknowledgment of this Mortgage (but not including fees of Mortgagee's New York counsel in connection with the preparation of this Mortgage), any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Mortgaged 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 Mortgage, any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Mortgaged Property or any instrument of further assurance (other than income or franchise taxes imposed on Mortgagee), except where prohibited by law so to do. Mortgagor shall hold harmless and indemnify Mortgagee, its successors and assigns, against any liability incurred by reason of the imposition of any tax on the making and recording of this Mortgage. Mortgagor shall pay all title costs and premiums in connection with the ALTA lender's title insurance policy issued by Chicago Title Insurance Company for the benefit of Mortgagee in connection with this Mortgage (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 Mortgagee containing such endorsements as Mortgagee 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 Mortgagee shall reasonably require. In the event that any Survey with respect to the Mortgaged Property reveals any encumbrances, restrictions, building code or zoning violations or other matters which in Mortgagee's reasonable judgment, materially impair Mortgagee's first priority lien in the Mortgaged Property, Mortgagor Xxxxxxxxx agrees to cooperate with Mortgagee in performing any acts reasonably requested by Mortgagee to cause such encumbrances, restrictions, violations or other matters to be removed or remedied as appropriate.
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