Common use of Release of Mortgage Clause in Contracts

Release of Mortgage. 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 Mortgage are kept and performed and no further obligation shall exist to provide credit or advance funds to Mortgagor or the maker of any promissory note (or other obligor with respect to other indebtedness) secured hereby, then, at Mortgagor's request and expense, this Mortgage shall be released as provided in the Credit Agreement; provided, however, that, notwithstanding such release, the indemnifications, and other rights, which are provided herein or in the Credit Agreement to continue following the release hereof shall continue in effect unaffected by such release; and provided that if any payment to any Lender or Agent is held to constitute a preference or a voidable transfer under applicable state or federal laws or if for any other reason any Lender or Agent is required to refund such payment to the payor thereof or to pay the amount thereof to any third party, this Mortgage shall be reinstated to the extent of such payment or payments.

Appears in 2 contracts

Samples: Deed of Trust, Assignment, Security Agreement, Fixture Filing and Financing Statement (Pacific Energy Resources LTD), Deed of Trust, Assignment, Security Agreement, Fixture Filing and Financing Statement (Pacific Energy Resources LTD)

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Release of Mortgage. 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 Mortgage are kept and performed and no further obligation shall exist to provide credit or advance funds to Mortgagor or the maker of any promissory note (or other obligor with respect to other indebtedness) secured hereby, then, at Mortgagor's request and expenserequest, this Mortgage shall be released as provided released, in the Credit Agreementdue form and at Mortgagor's cost; provided, however, that, notwithstanding such release, the certain indemnifications, and other rights, which are provided herein or in the Credit Agreement to continue following the release hereof shall continue in effect unaffected by such release; and provided further that if any payment to any Lender or Agent Mortgagee is held to constitute a preference or a voidable transfer under applicable state or federal laws or if for any other reason any Lender or Agent Mortgagee is required to refund such payment to the payor thereof or to pay the amount thereof to any third party, this Mortgage shall be reinstated to the extent of such payment or payments.

Appears in 2 contracts

Samples: Mortgage, Assignment, Security Agreement, Fixture Filing and Financing Statement (United States Exploration Inc), Mortgage, Assignment, Security Agreement, Fixture Filing and Financing Statement (United States Exploration Inc)

Release of Mortgage. 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 Mortgage are kept and performed and no further obligation shall exist to provide credit or advance funds to Mortgagor or the maker of any promissory note (or other obligor with respect to other indebtedness) secured hereby, then, at MortgagorMxxxxxxxx's request and expense, this Mortgage shall be released as provided released, in the Credit Agreementdue form and at Mortgagor's cost; provided, however, that, notwithstanding such release, the certain indemnifications, and other rights, which are provided herein or in the Credit Agreement to continue following the release hereof shall continue in effect unaffected by such release; and provided further that if any payment to any Lender or Agent is held to constitute a preference or a voidable transfer under applicable state or federal laws or if for any other reason any Lender or Agent is required to refund such payment to the payor thereof or to pay the amount thereof to any third party, this Mortgage shall be reinstated to the extent of such payment or payments.

Appears in 1 contract

Samples: Deed of Trust, Mortgage, Assignment, Security Agreement, Fixture Filing and Financing Statement (Energytec Inc)

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Release of Mortgage. If all of the secured indebtedness be is paid as the same it becomes due and payable and all of the covenants, warranties, undertakings and agreements made in this Mortgage are kept and performed and no further obligation shall exist to provide credit or advance funds to Mortgagor or the maker of any promissory note (or other obligor with respect to other indebtedness) secured hereby, then, at Mortgagor's request and expense, this Mortgage shall be released as provided in the Credit Agreement; provided, however, that, notwithstanding such release, the indemnifications, and other rights, which are provided herein or in the Credit Agreement to continue following the release hereof shall continue in effect unaffected by such release; and provided that if any payment to any Lender or Agent is held to constitute a preference or a voidable transfer under applicable state or federal laws or if for any other reason any Lender or Agent is required to refund such payment to the payor thereof or to pay the amount thereof to any third party, this Mortgage shall be reinstated to the extent of such payment or payments.

Appears in 1 contract

Samples: Deed of Trust, Assignment, Security Agreement, Fixture Filing and Financing Statement (Pacific Energy Resources LTD)

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