Common use of Recording of Security Instrument, etc Clause in Contracts

Recording of Security Instrument, etc. (a) Borrower forthwith upon the execution and delivery of the Security Instrument and thereafter, from time to time, will cause the Security Instrument and any of the other Loan Documents creating a lien or security interest or evidencing the lien hereof upon the 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 and perfect the lien or security interest hereof upon, and the interest of Administrative Agent, for the benefit of Lenders in, the Property. Borrower will pay all taxes (but excluding any income, franchise or other similar taxes imposed on Lender), filing, registration or recording fees, and all expenses incident to the preparation, execution, acknowledgment and/or recording of the Security Instrument, and any of the other Loan Documents creating or evidencing a lien or security interest on the Property and any instrument of further assurance, and any modification or amendment of the foregoing documents, and all federal, state, county and municipal taxes, duties, imposts, assessments and charges (but excluding any income, franchise or other similar taxes imposed on Lender) arising out of or in connection with the execution and delivery of the Security Instrument, any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Property or any instrument of further assurance, and any modification or amendment of the foregoing documents, except where prohibited by applicable law so to do. The foregoing taxes, fees, expenses, duties, imposts, assessments and charges, as applicable, are herein referred to as the “Security Instrument Taxes”. (b) Borrower represents that it has paid all Security Instrument Taxes (if any) imposed upon the execution and recordation of the Security Instrument.

Recording of Security Instrument, etc. (a) Borrower Mortgagor forthwith upon the execution and delivery of the this Security Instrument and thereafter, at the request of Lender, from time to time, will cause the this Security Instrument Instrument, and any of the other Loan Documents security instrument creating a lien or security interest or evidencing the lien hereof upon the 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 perfect and protect and perfect the lien or security interest hereof upon, and the interest of Administrative Agent, for the benefit of Lenders Lender in, the Property. Borrower Mortgagor will pay all taxes (but excluding any income, franchise or other similar taxes imposed on Lender), filing, registration or recording fees, and all expenses incident to the preparation, execution, execution and acknowledgment and/or recording of the this Security Instrument, and any mortgage, deed of the other Loan Documents creating trust or evidencing a lien or deed to secure debt, as applicable, supplemental hereto, any security interest on instrument with respect to the Property and any instrument of further assurance, and any modification or amendment of the foregoing documents, and all federal, state, county and municipal taxes, duties, imposts, assessments and charges (but excluding any incomeimposed on, franchise or other similar taxes imposed on Lender) arising out of or in connection with the execution execution, delivery and delivery recording of the this Security Instrument, any mortgage, deed of trust or mortgage deed to secure debt, as applicable, supplemental hereto, any security instrument with respect to the Property or any instrument of further assurance, and any modification or amendment of the foregoing documents, except where prohibited by applicable law so to dodo so, in which event Lender may declare the Debt to be immediately due and payable. The foregoing taxesMortgagor shall hold harmless and indemnify Lender, feesand its successors and assigns, expenses, duties, imposts, assessments and charges, against any liability incurred as applicable, are herein referred to as the “Security Instrument Taxes”. (b) Borrower represents that it has paid all Security Instrument Taxes (if any) imposed upon the execution and recordation a result of the imposition of any tax on the making and recording of this Security Instrument.

Recording of Security Instrument, etc. (a) Borrower forthwith upon the execution and delivery of the this Security Instrument and thereafter, at the request of Lender, from time to time, will cause the this Security Instrument Instrument, and any of the other Loan Documents security instrument creating a lien or security interest or evidencing the lien hereof upon the 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 perfect and protect and perfect the lien or security interest hereof upon, and the interest of Administrative Agent, for the benefit of Lenders Lender in, the Property. Borrower will pay all taxes (but excluding any income, franchise or other similar taxes imposed on Lender), filing, registration or recording fees, and all expenses incident to the preparation, execution, execution and acknowledgment and/or recording of the this Security Instrument, and any mortgage, deed of the other Loan Documents creating trust or evidencing a lien or deed to secure debt, as applicable, supplemental hereto, any security interest on instrument with respect to the Property and any instrument of further assurance, and any modification or amendment of the foregoing documents, and all federal, state, county and municipal taxes, duties, imposts, assessments and charges (but excluding any incomeimposed on, franchise or other similar taxes imposed on Lender) arising out of or in connection with the execution execution, delivery and delivery recording of the this Security Instrument, any mortgage, deed of trust or mortgage deed to secure debt, as applicable, supplemental hereto, any security instrument with respect to the Property or any instrument of further assurance, and any modification or amendment of the foregoing documents, except where prohibited by applicable law so to dodo so, in which event Lender may declare the Debt to be immediately due and payable. The foregoing taxesBorrower shall hold harmless and indemnify Lender, feesand its successors and assigns, expenses, duties, imposts, assessments and charges, against any liability incurred as applicable, are herein referred to as the “Security Instrument Taxes”. (b) Borrower represents that it has paid all Security Instrument Taxes (if any) imposed upon the execution and recordation a result of the imposition of any tax on the making and recording of this Security Instrument.

Recording of Security Instrument, etc. (a) Subject to the ------------------------------------- terms of that certain escrow letter dated of even date herewith from Trustee/Collateral Agent and consented and agreed to by Borrower and Globix Corporation, Borrower forthwith upon the execution and delivery of the this Security Instrument and thereafter, from time thereafter authorizes Trustee/Collateral Agent to time, will cause the this Security Instrument and any of the other Loan Other Security Documents creating a lien or security interest or evidencing the lien hereof upon the 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 and perfect the lien or security interest hereof upon, and the interest of Administrative Agent, for the benefit of Lenders Trustee/Collateral Agent in, the Property. Borrower will pay all taxes (but excluding any income, franchise or other similar taxes imposed on Lender)taxes, filing, registration or recording fees, and all expenses incident to the preparation, execution, acknowledgment and/or recording of the Note, the Indenture, this Security Instrument, and the Other Security Documents, any of the other Loan Documents creating note or evidencing a lien or mortgage supplemental hereto, any security interest on instrument with respect to the Property and any instrument of further assurance, and any modification or amendment of the foregoing documents, and all federal, state, county and municipal taxes, duties, imposts, assessments and charges (but excluding any income, franchise or other similar taxes imposed on Lender) arising out of or in connection with the execution and delivery of the this Security Instrument, any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Property or any instrument of further assurance, and any modification or amendment of the foregoing documents, except where prohibited by applicable law so to do. The foregoing taxes, fees, expenses, duties, imposts, assessments and charges, as applicable, are herein referred to as the “Security Instrument Taxes”. (b) Borrower represents that it has paid all Security Instrument Taxes (if any) imposed upon the execution and recordation of the Security Instrument.

Recording of Security Instrument, etc. (a) Borrower Mortgagor forthwith upon the execution and delivery of the this Security Instrument and thereafter, from time to time, will cause the this Security Instrument and any of the other Project Loan Documents creating a lien or security interest or evidencing the lien hereof upon the 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 and perfect the lien or security interest hereof upon, and the interest of Administrative Agent, for the benefit of Lenders Mortgagee in, the Property. Borrower Mortgagor will pay all taxes (but excluding any income, franchise or other similar taxes imposed on Lender)taxes, filing, registration or recording fees, and all reasonable out of pocket expenses incident to the preparation, execution, acknowledgment and/or recording of the Project Loan Note, this Security Instrument, and any of the other Project Loan Documents creating Documents, any Project Loan Note, deed of trust or evidencing a lien or mortgage supplemental hereto, any security interest on instrument with respect to the Property and any instrument of further assurance, and any modification or amendment of the foregoing documents, and all federal, state, county and municipal taxes, duties, imposts, assessments and charges (but excluding any income, franchise or other similar taxes imposed on Lender) arising out of or in connection with the execution and delivery of the this Security Instrument, any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Property or any instrument of further assurance, and any modification or amendment of the foregoing documents, except where prohibited by applicable law so to do. The foregoing taxes, fees, expenses, duties, imposts, assessments and charges, as applicable, are herein referred to as the “Security Instrument Taxes”. (b) Borrower represents that it has paid all Security Instrument Taxes (if any) imposed upon the execution and recordation of the Security Instrument.

Recording of Security Instrument, etc. (a) Borrower Trustor forthwith upon the execution and delivery of the this Security Instrument and thereafter, from time to time, will cause the this Security Instrument and any of the other Loan Documents creating a lien or security interest or evidencing the lien hereof upon the 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 and perfect the lien or security interest hereof upon, and the interest of Trustee and Administrative Agent, for the benefit of Lenders Agent in, the Property. Borrower Trustor will pay all taxes (but excluding any incometaxes, franchise or other similar taxes imposed on Lender), all filing, registration or and recording feesfees and taxes, and all reasonable expenses incident to the preparation, execution, acknowledgment acknowledgment, filing and/or recording of the Notes, this Security Instrument, and any of the other Loan Documents creating or evidencing a lien or Documents, any note, deed of trust supplemental hereto, any security interest on instrument with respect to the Property and any instrument of further assurance, and any modification or amendment of the foregoing documents, and all federal, state, county and municipal taxes, duties, imposts, assessments and charges (but excluding any income, franchise or other similar taxes imposed on Lender) arising out of or in connection with the execution and delivery of the this Security Instrument, any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Property or any instrument of further assurance, and any modification or amendment of the foregoing documents, except where prohibited by applicable law so to do. The foregoing taxes, fees, expenses, duties, imposts, assessments and charges, as applicable, are herein referred to as the “Security Instrument Taxes”. (b) Borrower represents that it has paid all Security Instrument Taxes (if any) imposed upon the execution and recordation of the Security Instrument.

Recording of Security Instrument, etc. (a) Borrower Mortgagor forthwith upon the execution and delivery of the this Security Instrument and thereafter, from time to time, will cause the this Security Instrument and any of the other Senior Loan Documents creating a lien or security interest or evidencing the lien hereof upon the 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 and perfect the lien or security interest hereof upon, and the interest of Administrative Agent, for the benefit of Lenders Mortgagee in, the Property. Borrower Mortgagor will pay all taxes (but excluding any income, franchise or other similar taxes imposed on Lender)taxes, filing, registration or recording fees, and all reasonable out of pocket expenses incident to the preparation, execution, acknowledgment and/or recording of the Senior Loan Note, this Security Instrument, and any of the other Senior Loan Documents creating Documents, any Senior Loan Note, deed of trust or evidencing a lien or mortgage supplemental hereto, any security interest on instrument with respect to the Property and any instrument of further assurance, and any modification or amendment of the foregoing documents, and all federal, state, county and municipal taxes, duties, imposts, assessments and charges (but excluding any income, franchise or other similar taxes imposed on Lender) arising out of or in connection with the execution and delivery of the this Security Instrument, any deed of trust or mortgage supplemental hereto, any security instrument with respect to the Property or any instrument of further assurance, and any modification or amendment of the foregoing documents, except where prohibited by applicable law so to do. The foregoing taxes, fees, expenses, duties, imposts, assessments and charges, as applicable, are herein referred to as the “Security Instrument Taxes”. (b) Borrower represents that it has paid all Security Instrument Taxes (if any) imposed upon the execution and recordation of the Security Instrument.

Recording of Security Instrument, etc. (a) Borrower forthwith upon the execution and delivery of the this Security Instrument and thereafter, from time to time, will cause the this Security Instrument Instrument, and any of the other Loan Documents security instrument creating a lien or security interest or evidencing the lien hereof upon the Security 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 and perfect the lien or security interest hereof upon, and the interest of Administrative Agent, for the benefit of Lenders Lender in, the Security Property. Borrower will pay all taxes (but excluding any income, franchise or other similar taxes imposed on Lender), filing, registration or recording fees, and all expenses incident to the preparation, execution, execution and acknowledgment and/or recording of the this Security Instrument, and any mortgage, deed of trust or similar instrument supplemental hereto, any security instrument with respect to the other Loan Documents creating or evidencing a lien or security interest on the Security Property and any instrument of further assurance, and any modification or amendment of the foregoing documents, and all federal, state, county and municipal municipal, taxes, duties, imposts, assessments and charges (but excluding any income, franchise or other similar taxes imposed on Lender) arising out of or in connection with the execution and delivery of the this Security Instrument, any mortgage, deed of trust or mortgage similar instrument supplemental hereto, any security instrument with respect to the Security Property or any instrument of further assurance, and any modification or amendment of the foregoing documents, except where prohibited by applicable law so to do. The foregoing taxesBorrower shall hold harmless and indemnify Lender, feesits successors and assigns, expenses, duties, imposts, assessments and charges, as applicable, are herein referred to as the “Security Instrument Taxes”. (b) Borrower represents that it has paid all Security Instrument Taxes (if any) imposed upon the execution and recordation against any liability incurred by reason of the imposition of any tax on the making and recording of this Security Instrument.. AMENDED AND RESTATED MORTGAGE, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT - Page 40 43412-20/Continental Towers