Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 95 contracts
Samples: Security Agreement, Deed of Trust, Deed of Trust (Electro Scientific Industries Inc)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower Borrower, at its expense, will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 5 contracts
Samples: Mortgage and Security Agreement (Inland Western Retail Real Estate Trust Inc), Assumption and Ratification of Mortgage and Security Agreement (Inland American Real Estate Trust, Inc.), Mortgage Modification and Amended and Restated Mortgage and Security Agreement (Inland Western Retail Real Estate Trust Inc)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan DocumentDocuments, Borrower will issue, at Lender’s sole cost and expense in lieu thereof, a replacement Note or other Loan DocumentDocuments, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document Documents in the same principal amount thereof and otherwise of like tenor.
Appears in 4 contracts
Samples: Mortgage (Deed of Trust), Leasehold Mortgage, Assignment of Leases and Rents and Security Agreement (KBS Real Estate Investment Trust, Inc.), Mortgage, Assignment of Leases and Rents and Security Agreement (KBS Real Estate Investment Trust, Inc.)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan DocumentDocuments, Borrower Mortgagor will issue, in lieu thereof, a replacement Note or other Loan DocumentDocuments, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document Documents in the same principal amount thereof and otherwise of like tenorcontaining substantially identical terms.
Appears in 3 contracts
Samples: Deed of Trust (FelCor Lodging Trust Inc), Mortgage and Security Agreement (Felcor Lodging Trust Inc), Mortgage and Security Agreement (Felcor Lodging Trust Inc)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower and Tenant, where applicable, will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 2 contracts
Samples: Open End Mortgage and Security Agreement (Cedar Income Fund LTD /Md/), Open End Mortgage and Security Agreement (Glimcher Realty Trust)
Replacement Documents. Upon receipt of an affidavit of an officer of the Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document document which is not of public record, and, in the case of any such loss, theft, destruction, mutilation, upon surrender and cancellation of such Note or other Loan Documentdocument, the Borrower will issue, in lieu thereof, a replacement Note note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document document in the same principal amount thereof and otherwise of like tenor.
Appears in 2 contracts
Samples: Credit Line Loan Agreement (Ticketmaster Online Citysearch Inc), Credit Line Loan Agreement (Styleclick Inc)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender and an indemnity from Lender reasonably acceptable to Borrower as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenorthereof.
Appears in 1 contract
Samples: Fee and Leasehold Mortgage, Security Agreement and Fixture Filing (Maui Land & Pineapple Co Inc)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which that is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower will shall issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 1 contract
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Security Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Security Document, Borrower will issue, in lieu thereof, a replacement Note or other Loan Security Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Security Document in the same principal amount thereof and otherwise of like tenor.
Appears in 1 contract
Samples: Fee and Leasehold Mortgage and Security Agreement (Konover Property Trust Inc)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Other Loan Document. Borrower, Borrower at its expense, will issue, in lieu thereof, a replacement Note or other Other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (First Potomac Realty Trust)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender lender as to the loss, theft, destruction or mutilation of the Note or any other Other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower Borrower, at its expense, will issue, in lieu thereof, a replacement Note or other Other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (First Potomac Realty Trust)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender or Lender's servicer as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 1 contract
Samples: Loan Agreement (Acadia Realty Trust)
Replacement Documents. Upon receipt of an affidavit of an --------------------- officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 1 contract
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan DocumentDocuments, Borrower Trustor will issue, in lieu thereof, a replacement Note or other Loan DocumentDocuments, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document Documents in the same principal amount thereof and otherwise of like tenorcontaining substantially identical terms.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (Felcor Lodging Trust Inc)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan DocumentDocuments, Borrower will issue, in lieu thereof, a replacement Note or other Loan DocumentDocuments, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document Documents in the same principal amount thereof and otherwise of like tenorsubstantially similar in form and substance to the Note or any other Loan Document, as applicable.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Corporate Property Associates 15 Inc)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the any Note or any other Loan Document which that is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower will shall issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 1 contract
