Common use of Release of Deed of Trust Clause in Contracts

Release of Deed of Trust. If all of the Secured Indebtedness be paid as the same becomes due and payable and all of the covenants, warranties, undertakings and agreements made in this Amended and Restated Deed of Trust are kept and performed, and all other obligations, if any, of Holder for further advances have been terminated, then, and in that event only, all rights under this Amended and Restated Deed of Trust shall terminate (except to the extent expressly provided herein with respect to indemnifications, representations and warranties and other rights which are to continue following the release hereof) and the Property shall become wholly clear of the liens, security interests, conveyances and assignments evidenced hereby, and such liens and security interests shall be released by Holder in due form at Grantor's cost. Without limitation, all provisions herein for indemnity of Holder or Trustee shall survive discharge of the Secured Indebtedness, and any foreclosure, release or termination of this Amended and Restated Deed of Trust.

Appears in 3 contracts

Samples: Loan Agreement, Loan Agreement, Community Development Block Grant Subrecipient and Affordable Housing Investment Fund Loan Agreement

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Release of Deed of Trust. If all of the Secured Indebtedness be paid as the same becomes due and payable and all of the covenants, warranties, undertakings and agreements made in this Amended and Restated County Deed of Trust are kept and performed, and all other obligations, if any, of Holder for further advances have been terminated, then, and in that event only, all rights under this Amended and Restated County Deed of Trust shall terminate (except to the extent expressly provided herein with respect to indemnifications, representations and warranties and other rights which are to continue following the release hereof) and the Property shall become wholly clear of the liens, security interests, conveyances and assignments evidenced hereby, and such liens and security interests shall be released by Holder Xxxxxx in due form at Grantor's cost. Without limitation, all provisions herein for indemnity of Holder or Trustee shall survive discharge of the Secured Indebtedness, and any foreclosure, release or termination of this Amended and Restated County Deed of Trust.

Appears in 3 contracts

Samples: Deed of Trust, Assignment of Rents and Leases and Security Agreement, Purchase Money Deed of Trust, Assignment of Rents and Leases and Security Agreement, Purchase Money Deed of Trust

Release of Deed of Trust. If all of the Secured Indebtedness be paid as the same becomes due and payable and all of the covenants, warranties, undertakings and agreements made in this Amended and Restated County Deed of Trust are kept and performed, and all other obligations, if any, of Holder for further advances have been terminated, then, and in that event only, all rights under this Amended and Restated County Deed of Trust shall terminate (except to the extent expressly provided herein with respect to indemnifications, representations and warranties and other rights which are to continue following the release hereof) and the Property shall become wholly clear of the liens, security interests, conveyances and assignments evidenced hereby, and such liens and security interests shall be released by Holder in due form at Grantor's cost. Without limitation, all provisions herein for indemnity of Holder or Trustee shall survive discharge of the Secured Indebtedness, and any foreclosure, release or termination of this Amended and Restated County Deed of Trust.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement

Release of Deed of Trust. If all of the Secured Indebtedness be paid as the same becomes due and payable and all of the covenants, warranties, undertakings and agreements made in this Amended and Restated Deed of Trust are kept and performed, and all other obligations, if any, of Holder for further advances have been terminated, then, and in that event only, all rights under this Amended and Restated Deed of Trust shall terminate (except to the extent expressly provided herein with respect to indemnifications, representations and warranties and other rights which are to continue following the release hereof) and the Property shall become wholly clear of the liens, security interests, conveyances and assignments evidenced hereby, and such liens and security interests shall be released by Holder in due form at Grantor's ’s cost. Without limitation, all provisions herein for indemnity of Holder or Trustee Grantee shall survive discharge of the Secured Indebtedness, Indebtedness and any foreclosure, release or termination of this Amended and Restated Deed of Trust.

Appears in 2 contracts

Samples: Deed of Trust, Assignment of Rents and Leases, Security Agreement and Financing Statement (Interline Resources Corp), Deed of Trust, Assignment of Rents and Leases, Security Agreement and Financing Statement (Interline Resources Corp)

Release of Deed of Trust. If all of the Secured Indebtedness secured indebtedness be paid as the same becomes due and payable and all of the covenants, warranties, undertakings and agreements made in this Amended and Restated Deed of Trust are kept and performed, and all other obligations, if any, of Holder Beneficiary for further advances have been terminated, then, and in that event only, all rights under this Amended and Restated Deed of Trust shall terminate (except to the extent expressly provided herein with respect to indemnifications, representations and warranties and other rights which are to continue following the release hereof) and the Mortgaged Property shall become wholly clear of the liens, security interests, conveyances and assignments evidenced hereby, and such liens liens, security interests, conveyances and security interests assignments shall be released by Holder Beneficiary in due form at GrantorTrustor's cost. Without limitation, all provisions herein for indemnity of Holder Beneficiary or Trustee shall survive discharge of the Secured Indebtedness, secured indebtedness and any foreclosure, release (including a partial release) or termination of this Amended and Restated Deed of Trust.

Appears in 1 contract

Samples: Credit Agreement (Crescent Operating Inc)

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Release of Deed of Trust. If all of the Secured Indebtedness secured indebtedness be paid as the same becomes due and payable and all of the covenants, warranties, undertakings and agreements made in this Amended and Restated Deed of Trust are kept and performed, and all other obligations, if any, of Holder Holders for further advances have been terminated, then, and in that event only, all rights under this Amended and Restated Deed of Trust shall terminate (except to the extent expressly provided herein with respect to indemnifications, representations and warranties and other rights which are to continue following the release hereof) and the Mortgaged Property shall become wholly clear of the liens, security interests, conveyances and assignments evidenced hereby, and such liens and security interests shall be released by Holder Agent in due form at Grantor's cost. Without limitation, all provisions herein for indemnity of Holder Agent, Holders, or Trustee shall survive discharge of the Secured Indebtedness, secured indebtedness and any foreclosure, release or termination of this Amended and Restated Deed of Trust.

Appears in 1 contract

Samples: Credit Agreement (Prentiss Properties Trust/Md)

Release of Deed of Trust. If all Upon the earlier of (i) the satisfaction in full of the Secured Indebtedness be paid as and (ii) the same becomes due and payable and all repayment of a portion of the covenantsSecured Indebtedness such that the aggregate average amount of Secured Indebtedness outstanding during a calendar quarter is not in excess of $1,500,000, warranties, undertakings and agreements made in then the Beneficiary shall execute appropriate documentation releasing the lien of this Amended and Restated Deed of Trust are kept and performedTrust, and all other obligations, if any, upon the execution of Holder for further advances have been terminated, then, and in that event onlysuch release, all rights under this Amended and Restated Deed of Trust shall terminate (except to the extent expressly provided herein with respect to indemnifications, representations and warranties and other rights which are to continue following the release hereof) and the Mortgaged Property shall become wholly clear of the liens, security interests, conveyances and assignments evidenced hereby, and such liens and security interests shall be released by Holder in due form at Grantor's cost. Without limitation, all provisions herein for indemnity of Holder the Beneficiary or Trustee shall survive discharge of the Secured Indebtedness, Indebtedness and any foreclosure, release or termination of this Amended and Restated Deed of Trust.

Appears in 1 contract

Samples: Security Agreement (Arabian American Development Co)

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