Common use of Removal, Demolition or Alteration of Accessories and Improvements Clause in Contracts

Removal, Demolition or Alteration of Accessories and Improvements. Except to the extent permitted by the following sentence, no Improvements or Accessories shall be removed, demolished or materially altered without the prior written consent of Beneficiary. Grantor may remove and dispose of, free from the Lien of this Deed of Trust, such Accessories as from time to time become worn out or obsolete, provided that, either (a) Borrower reasonably determines that such Accessories are not necessary for the proper ownership or operation of the Property, (b) at the time of, or prior to, such removal, any such Accessories are replaced with other Accessories which are free from Liens other than Permitted Encumbrances and have a value at least equal to that of the replaced Accessories (and by such removal and replacement Grantor shall be deemed to have subjected such replacement Accessories to the Lien of this Deed of Trust), or (c) so long as a prepayment may be made without the imposition of any premium pursuant to the Notes, such Accessories are sold at fair market value for cash and the net cash proceeds received from such disposition are paid over promptly to Beneficiary to be applied to the prepayment of the principal of the Loan.

Appears in 3 contracts

Samples: Deed of Trust, Assignment, Security Agreement and Fixture Filing (Grubb & Ellis Healthcare REIT, Inc.), Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing (Grubb & Ellis Healthcare REIT, Inc.), Deed of Trust, Assignment, Security Agreement and Fixture Filing (Grubb & Ellis Healthcare REIT, Inc.)

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Removal, Demolition or Alteration of Accessories and Improvements. Except to the extent permitted by the following sentence, no Improvements or Accessories shall be removed, demolished or materially altered without the prior written consent of Beneficiary. Grantor Mortgagor may remove and dispose of, free from the Lien of this Deed of TrustMortgage, such Accessories as from time to time become worn out or obsolete, provided that, either (a) Borrower reasonably determines that such Accessories are not necessary for the proper ownership or operation of the Property, (b) at the time of, or prior to, such removal, any such Accessories are replaced with other Accessories which are free from Liens other than Permitted Encumbrances and have a value at least equal to that of the replaced Accessories (and by such removal and replacement Grantor Mortgagor shall be deemed to have subjected such replacement Accessories to the Lien of this Deed of TrustMortgage), or (cb) so long as a prepayment may be made without the imposition of any premium pursuant to the NotesNote, such Accessories are sold at fair market value for cash and the net cash proceeds received from such disposition are paid over promptly to Beneficiary to be applied to the prepayment of the principal of the Loan.

Appears in 3 contracts

Samples: Open End Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Grubb & Ellis Healthcare REIT II, Inc.), Multiple Indebtedness Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Grubb & Ellis Healthcare REIT II, Inc.), Open End Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Grubb & Ellis Healthcare REIT II, Inc.)

Removal, Demolition or Alteration of Accessories and Improvements. Except to the extent permitted by the following sentencesentence and except as provided in the Leases, no Improvements or Accessories shall be removed, demolished or materially altered without the prior written consent of Beneficiary. Grantor may remove and dispose of, free from the Lien of this Deed of Trust, such Accessories as from time to time become worn out or obsolete, provided that, either (a) Borrower reasonably determines that such Accessories are not necessary for the proper ownership or operation of the Property, (b) at the time of, or prior to, such removal, any such Accessories are replaced with other Accessories which are free from Liens other than Permitted Encumbrances and have a value at least equal to that of the replaced Accessories (and by such removal and replacement Grantor shall be deemed to have subjected such replacement Accessories to the Lien of this Deed of Trust), or (cb) so long as a prepayment may be made without the imposition of any premium pursuant to the NotesNote, such Accessories are sold at fair market value for cash and the net cash proceeds received from such disposition are paid over promptly to Beneficiary to be applied to the prepayment of the principal of the Loan.

Appears in 2 contracts

Samples: Deed of Trust (Manufactured Housing Properties Inc.), Deed of Trust (Manufactured Housing Properties Inc.)

Removal, Demolition or Alteration of Accessories and Improvements. Except to the extent permitted by the following sentence, no Improvements or Accessories shall be removed, demolished or materially altered without the prior written consent of BeneficiaryMortgagee. Grantor Mortgagor may remove and dispose of, free from the Lien of this Deed of TrustMortgage, such Accessories as from time to time become worn out or obsolete, provided that, either (a) Borrower reasonably determines that such Accessories are not necessary for the proper ownership or operation of the Property, (b) at the time of, or prior to, such removal, any such Accessories are replaced with other Accessories which are free from Liens other than Permitted Encumbrances and have a value at least equal to that of the replaced Accessories (and by such removal and replacement Grantor Mortgagor shall be deemed to have subjected such replacement Accessories to the Lien of this Deed of TrustMortgage), or (cb) so long as a prepayment may be made without the imposition of any premium pursuant to the NotesNote, such Accessories are sold at fair market value for cash and the net cash proceeds received from such disposition are paid over promptly to Beneficiary Mortgagee to be applied to the prepayment of the principal of the Loan.

Appears in 2 contracts

Samples: Fee and Leasehold Mortgage, Assignment of Leases and Rents and Security Agreement (Inland Diversified Real Estate Trust, Inc.), Term Loan Agreement (Acadia Realty Trust)

Removal, Demolition or Alteration of Accessories and Improvements. Except to the extent permitted by the following sentencesentence and to the extent required to comply with the terms of the Ground Lease, no Improvements or Accessories shall be removed, demolished or materially altered without the prior written consent of Beneficiary. Grantor may remove and dispose of, free from the Lien of this Deed of Trust, such Accessories as from time to time become worn out or obsolete, provided that, either (a) Borrower reasonably determines that such Accessories are not necessary for the proper ownership or operation of the Property, (b) at the time of, or prior to, such removal, any such Accessories are replaced with other Accessories which are free from Liens other than Permitted Encumbrances and have a value at least equal to that of the replaced Accessories (and by such removal and replacement Grantor shall be deemed to have subjected such replacement Accessories to the Lien of this Deed of Trust), or (cb) so long as a prepayment may be made without the imposition of any premium pursuant to the NotesNote, such Accessories are sold at fair market value for cash and the net cash proceeds received from such disposition are paid over promptly to Beneficiary to be applied to the prepayment of the principal of the Loan.

Appears in 2 contracts

Samples: Future Advance Leasehold Deed of Trust (Grubb & Ellis Healthcare REIT II, Inc.), Leasehold Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Grubb & Ellis Healthcare REIT II, Inc.)

Removal, Demolition or Alteration of Accessories and Improvements. Except to the extent permitted by the following sentence, no Improvements or Accessories shall be removed, demolished or materially altered without the prior written consent of BeneficiaryAdministrative Agent. Grantor Mortgagor may remove and dispose of, free from the Lien of this Deed of TrustMortgage, such Accessories as from time to time become worn out or obsolete, provided that, either (a) Borrower reasonably determines that such Accessories are not necessary for the proper ownership or operation of the Property, (b) at the time of, or prior to, such removal, any such Accessories are replaced with other Accessories which are free from Liens other than Permitted Encumbrances and have a value at least equal to that of the replaced Accessories (and by such removal and replacement Grantor Mortgagor shall be deemed to have subjected such replacement Accessories to the Lien of this Deed of TrustMortgage), or (cb) so long as a prepayment may be made without the imposition of any premium pursuant to the NotesNote, such Accessories are sold at fair market value for cash and the net cash proceeds received from such disposition are paid over promptly to Beneficiary Administrative Agent to be applied to the prepayment of the principal of the Loan.

Appears in 1 contract

Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (FSP 50 South Tenth Street Corp)

Removal, Demolition or Alteration of Accessories and Improvements. Except to the extent permitted by the following sentence, no Improvements or Accessories shall be removed, demolished or materially altered without the prior written consent of Beneficiary. Grantor may remove and dispose of, free from the Lien of this Deed of Trust, such Accessories as from time to time become worn out or obsolete, provided that, either (a) Borrower Grantor reasonably determines that such Accessories are not necessary for the proper ownership or operation of the Property, (b) at the time of, or prior to, such removal, any such Accessories are replaced with other Accessories which are free from Liens other than Permitted Encumbrances and have a value at least equal to that of the replaced Accessories (and by such removal and replacement Grantor shall be deemed to have subjected such replacement Accessories to the Lien of this Deed of Trust), or (c) so long as a prepayment may be made without the imposition of any premium pursuant to the NotesNote, such Accessories are sold at fair market value for cash and the net cash proceeds received from such disposition are paid over promptly to Beneficiary to be applied to the prepayment of the principal of the Loan.

Appears in 1 contract

Samples: Deed of Trust, Assignment Security Agreement and Fixture Filing (G REIT Liquidating Trust)

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Removal, Demolition or Alteration of Accessories and Improvements. Except to the extent permitted by the following sentencesentence or Section 6.8 of the Credit Agreement, no Improvements or Accessories shall be removed, demolished or materially altered without the prior written consent of Beneficiary. Grantor may remove and dispose of, free from the Lien of this Deed of Trust, such Accessories as from time to time become worn out or obsolete, provided that, either (a) Borrower reasonably determines that such Accessories are not necessary for the proper ownership or operation of the Property, (b) at the time of, or prior to, such removal, any such Accessories are replaced with other Accessories which are free from Liens other than Permitted Encumbrances and have a value at least equal to that of the replaced Accessories (and by such removal and replacement Grantor shall be deemed to have subjected such replacement Accessories to the Lien of this Deed of Trust), or (cb) so long as a prepayment may be made without the imposition of any premium pursuant to the Notes, such Accessories are sold at fair market value for cash and the net cash proceeds received from such disposition are paid over promptly to Beneficiary to be applied to the prepayment of the principal of the LoanAdvances.

Appears in 1 contract

Samples: Credit Agreement (Heckmann Corp)

Removal, Demolition or Alteration of Accessories and Improvements. Except to the extent permitted by the following sentence, no Improvements or Accessories shall be removed, demolished or materially altered without the prior written consent of BeneficiaryMortgagee. Grantor Mortgagor may remove and dispose of, free from the Lien of this Deed of TrustMortgage, such Accessories as from time to time become worn out or obsolete, provided that, either (a) Borrower reasonably determines that such Accessories are not necessary for the proper ownership or operation of the Property, (b) at the time of, or prior to, such removal, any such Accessories are replaced with other Accessories which are free from Liens other than Permitted Encumbrances and have a value at least equal to that of the replaced Accessories (and by such removal and replacement Grantor Mortgagor shall be deemed to have subjected such replacement Accessories to the Lien of this Deed of TrustMortgage), or (c) so long as a prepayment may be made without the imposition of any premium pursuant to the Notes, such Accessories are sold at fair market value for cash and the net cash proceeds received from such disposition are paid over promptly to Beneficiary Mortgagee to be applied to the prepayment of the principal of the Loan.

Appears in 1 contract

Samples: Mortgage, Assignment, Security Agreement and Fixture Filing (Grubb & Ellis Healthcare REIT, Inc.)

Removal, Demolition or Alteration of Accessories and Improvements. Except to the extent permitted by the following sentence, no Improvements or Accessories shall be removed, demolished or materially altered without the prior written consent of Beneficiary. Grantor may remove and dispose of, free from the Lien of this Deed of Trust, such Accessories as from time to time become worn out or obsolete, provided that, either (a) Borrower reasonably determines that such Accessories are not necessary for the proper ownership or operation of the Property, (b) at the time of, or prior to, such removal, any such Accessories are replaced with other Accessories which are free from Liens other than Permitted Encumbrances and have a value at least equal to that of the replaced Accessories (and by such removal and replacement Grantor shall be deemed to have subjected such replacement Accessories to the Lien of this Deed of Trust), or (c) so long as a prepayment may be made without the imposition of any premium pursuant to the NotesNote, such Accessories are sold at fair market value for cash and the net cash proceeds received from such disposition are paid over promptly to Beneficiary to be applied to the prepayment of the principal of the Loan.

Appears in 1 contract

Samples: Deed of Trust, Assignment, Security Agreement and Fixture Filing (Grubb & Ellis Healthcare REIT, Inc.)

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