Replacement of Fixtures and Personalty. Mortgagor shall -------------------------------------- not, without the prior written consent of Mortgagee, permit any of the Fixtures or Personalty to be removed at any time from the Land or Improvements, unless the removed item is removed temporarily for maintenance and repair or, if removed permanently, is obsolete and is replaced by an article of equal or better suitability and value, owned by Mortgagor subject to the liens and security interests of this Mortgage and the other Loan Documents, and free and clear of any other lien or security interest except such as may be permitted under the Credit Agreement or first approved in writing by Mortgagee.
Appears in 4 contracts
Samples: Mortgage, Security Agreement, Assignment of Rents and Leases (Sandhills Inc), Mortgage, Security Agreement, Assignment of Rents and Leases (Sandhills Inc), Mortgage, Security Agreement, Assignment of Rents and Leases (Sandhills Inc)
Replacement of Fixtures and Personalty. Mortgagor shall -------------------------------------- not, without the prior written consent of Mortgagee, permit any of the Fixtures or Personalty to be removed at any time from the Land or Improvements, unless the removed item is removed temporarily for maintenance and repair or, if removed permanently, is obsolete and is replaced by an article of equal or better suitability and value, owned by Mortgagor subject to the liens and security interests of this Mortgage and the other Loan Documents, and free and clear of any other lien or security interest except such as may be permitted under the Credit Agreement or first approved in writing by Mortgagee.
Appears in 2 contracts
Samples: Open End Mortgage (Cedar Income Fund LTD /Md/), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Equity Inns Inc)
Replacement of Fixtures and Personalty. Except as otherwise provided in the Credit Agreement, Mortgagor shall -------------------------------------- not, without the prior written consent of Mortgagee, permit any of the Fixtures or Personalty to be removed at any time from the Land or Improvements, unless the removed item is removed temporarily for maintenance and repair or, if removed permanently, is obsolete and is replaced by an article of equal or better suitability and value, owned by Mortgagor subject to the liens and security interests of this Mortgage and the other Loan Credit Documents, and free and clear of any other lien or security interest except such as may be permitted under the Credit Agreement or first approved in writing by Mortgagee.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Simmons Bedding Co), Credit and Guaranty Agreement (Simmons Co /Ga/)