Common use of Rights With Respect to Junior Encumbrances Clause in Contracts

Rights With Respect to Junior Encumbrances. Any person or entity purporting to have or to take a junior mortgage or other lien upon the Property or any interest therein shall be subject to the rights of Lender to amend, modify, increase, vary, alter or supplement this Mortgage, the Note or any of the other Loan Documents, and to extend the maturity date of the Debt, and to increase the amount of the Debt, and to waive or forebear the exercise of any of its rights and remedies hereunder or under any of the other Loan Documents and to release any collateral or security for the Debt, in each and every case without obtaining the consent of the holder of such junior lien and without the lien or security interest of this Mortgage losing its priority over the rights of any such junior lien.

Appears in 8 contracts

Samples: Mortgage, Security Agreement and Fixture Filing (Industrial Income Trust Inc.), Mortgage, Security Agreement and Fixture Filing (Acadia Realty Trust), Mortgage, Security Agreement (Acadia Realty Trust)

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Rights With Respect to Junior Encumbrances. Any person or entity purporting to have or to take a junior mortgage or other lien upon the Property or any interest therein shall be subject to the rights of Lender to amend, modify, increase, vary, alter or supplement this MortgageDeed of Trust, the Note or any of the other Loan Documents, and to extend the maturity date of the Debt, and to increase the amount of the Debt, and to waive or forebear the exercise of any of its rights and remedies hereunder or under any of the other Loan Documents and to release any collateral or security for the Debt, in each and every case without obtaining the consent of the holder of such junior lien and without the lien or security interest of this Mortgage Deed of Trust losing its priority over the rights of any such junior lien.

Appears in 6 contracts

Samples: , Security Agreement and Fixture Filing (Campus Crest Communities, Inc.), Management Agreement (Campus Crest Communities, Inc.), Management Agreement (KBS Real Estate Investment Trust, Inc.)

Rights With Respect to Junior Encumbrances. Any person or entity purporting to have or to take a junior mortgage or other lien upon the Mortgaged Property or any interest therein shall be subject to the rights of Lender Mortgagee to amend, modify, increase, vary, alter or supplement this Mortgage, the Note or any of the other Loan Documents, and to extend the maturity date of the Debt, and to increase the amount of the Debt, and to waive or forebear the exercise of any of its rights and remedies hereunder or under any of the other Loan Documents and to release any collateral or security for the Debt, in each and every case without obtaining the consent of the holder of such junior lien and without the lien or security interest of this Mortgage losing its priority over the rights of any such junior lien.

Appears in 6 contracts

Samples: Mortgage and Security Agreement (Apple Hospitality Two Inc), Mortgage and Security Agreement (Apple Hospitality Two Inc), Mortgage and Security Agreement (One Price Clothing Stores Inc)

Rights With Respect to Junior Encumbrances. Any person or entity purporting to have or to take a junior mortgage or other lien upon the Trust Property or any interest therein shall be subject to the rights of Lender Beneficiary to amend, modify, increase, vary, alter or supplement this MortgageDeed of Trust, the Note or any of the other Loan Documents, and to extend the maturity date of the Debt, and to increase the amount of the Debt, and to waive or forebear the exercise of any of its rights and remedies hereunder or under any of the other Loan Documents and to release any collateral or security for the Debt, in each and every case without obtaining the consent of the holder of such junior lien and without the lien or security interest of this Mortgage Deed of Trust losing its priority over the rights of any such junior lien.

Appears in 3 contracts

Samples: Trust and Security Agreement (Cornerstone Realty Income Trust Inc), Trust and Security Agreement (Cornerstone Realty Income Trust Inc), Trust, Security Agreement and Fixture Filing (Apple Suites Inc)

Rights With Respect to Junior Encumbrances. Any Without implying that any person or entity has the right to do so, any person or entity purporting to have or to take a junior mortgage or other lien upon the Mortgaged Property or any interest therein shall be subject to the rights of Lender Mortgagee to amend, modify, increase, vary, alter or supplement this Mortgage, the Note or any of the other Loan Documents, and to extend the maturity date of the Debt, and to increase the amount of the Debt, and to waive or forebear the exercise of any of its rights and remedies hereunder or under any of the other Loan Documents and to release any collateral or security for the Debt, in each and every case without obtaining the consent of the holder of such junior lien and without the lien or security interest of this Mortgage losing its priority over the rights of any such junior lien.

Appears in 2 contracts

Samples: Mortgage and Security Agreement (American Realty Capital New York Recovery Reit Inc), Mortgage and Security Agreement (American Realty Capital New York Recovery Reit Inc)

Rights With Respect to Junior Encumbrances. Any person or entity purporting to have or to take a junior mortgage or other lien upon the Property or any interest therein shall be subject to the rights of Lender to amend, modify, increase, vary, alter or supplement this MortgageSecurity Deed, the Note or any of the other Loan Documents, and to extend the maturity date of the Debt, and to increase the amount of the Debt, and to waive or forebear the exercise of any of its rights and remedies hereunder or under any of the other Loan Documents and to release any collateral or security for the Debt, in each and every case without obtaining the consent of the holder of such junior lien and without the lien or security interest of this Mortgage Security Deed losing its priority over the rights of any such junior lien.

Appears in 2 contracts

Samples: Security Agreement and Fixture Filing (Campus Crest Communities, Inc.), Debt, Security Agreement and Fixture Filing (NNN Healthcare/Office REIT, Inc.)

Rights With Respect to Junior Encumbrances. Any person or entity ------------------------------------------ purporting to have or to take a junior mortgage or other lien upon the Trust Property or any interest therein shall be subject to the rights of Lender Beneficiary to amend, modify, increase, vary, alter or supplement this MortgageDeed of Trust, the Note or any of the other Loan Documents, and to extend the maturity date of the Debt, and to increase the amount of the Debt, and to waive or forebear the exercise of any of its rights and remedies hereunder or under any of the other Loan Documents and to release any collateral or security for the Debt, in each and every case without obtaining the consent of the holder of such junior lien and without the lien or security interest of this Mortgage Deed of Trust losing its priority over the rights of any such junior lien.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement (Cornerstone Realty Income Trust Inc)

Rights With Respect to Junior Encumbrances. Any person Person or entity purporting to have or to take a junior mortgage or other lien upon the Property or any interest therein shall be subject to the rights of Lender to amend, modify, increase, vary, alter or supplement this MortgageDeed of Trust, the Note or any of the other Loan Documents, and to extend the maturity date of the Debt, and to increase the amount of the Debt, and to waive or forebear the exercise of any of its rights and remedies hereunder or under any of the other Loan Documents and to release any collateral or security for the Debt, in each and every case without obtaining the consent of the holder of such junior lien and without the lien or security interest of this Mortgage Deed of Trust losing its priority over the rights of any such junior lien.

Appears in 1 contract

Samples: Fixture Filing (KBS Real Estate Investment Trust II, Inc.)

Rights With Respect to Junior Encumbrances. Any person or entity purporting to have or to take a junior mortgage or other lien upon the Property or any interest therein shall be subject to the rights of Lender Mortgagee to amend, modify, increase, vary, alter or supplement this Mortgage, the Note or any of the other Loan Documents, and to extend the maturity date of the Debt, Debt and to increase the amount of the Debt, Debt and to waive or forebear the exercise of any of its rights and remedies hereunder or under any of the other Loan Documents and to release any collateral or security for the Debt, in each and every case without obtaining the consent of the holder of such junior lien and without the lien or security interest of this Mortgage losing its priority over the rights of any such junior lien.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Industrial Income Trust Inc.)

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Rights With Respect to Junior Encumbrances. Any person or entity purporting to have or to take a junior mortgage or other lien upon the Mortgaged Property or any interest therein shall be subject to the rights of Lender Beneficiary to amend, modify, increase, vary, alter or supplement this MortgageDeed of Trust, the Note or any of the other Loan Documents, and to extend the maturity date of the Debt, and to increase the amount of the Debt, and to waive or forebear the exercise of any of its rights and remedies hereunder or under any of the other Loan Documents and to release any collateral or security for the Debt, in each and every case without obtaining the consent of the holder of such junior lien and without the lien or security interest of this Mortgage Deed of Trust losing its priority over the rights of any such junior lien.

Appears in 1 contract

Samples: Innkeepers Usa Trust/Fl

Rights With Respect to Junior Encumbrances. Any Without implying that any person or entity has the right to do so, any person or entity purporting to have or to take a junior mortgage or other lien upon the Property or any interest therein shall be subject to the rights of Lender Mortgagee to amend, modify, increase, vary, alter or supplement this Mortgage, the Note or any of the other Loan Documents, and to extend the maturity date of the Debt, and to increase the amount of the Debt, and to waive or forebear the exercise of any of its rights and remedies hereunder or under any of the other Loan Documents and to release any collateral or security for the Debt, in each and every case without obtaining the consent of the holder of such junior lien and without the lien or security interest of this Mortgage losing its priority over the rights of any such junior lien.

Appears in 1 contract

Samples: Security Agreement and Fixture (Resource Real Estate Opportunity REIT, Inc.)

Rights With Respect to Junior Encumbrances. Any To the extent permitted by law, any person or entity purporting to have or to take a junior deed of trust, mortgage or other lien upon the Mortgaged Property or any interest therein shall be subject to the rights of Lender Mortgagee to amend, modify, increase, vary, alter or supplement this Mortgage, the Note or and any of the other Loan Documents, Documents and to extend the maturity date of the Debt, Debt secured hereby and to increase the amount of the Debt, Debt secured hereby and to waive or forebear forbear the exercise of any of its their rights and remedies hereunder or under any of the other Loan Documents and to release any collateral or security for the DebtDebt secured hereby, in each and every case without obtaining the consent of the holder of any such junior lien and without the lien or security interest of this Mortgage losing its priority over the rights of any such junior lien.

Appears in 1 contract

Samples: Mortgage, Security Agreement and Fixture Filing (Griffin Industrial Realty, Inc.)

Rights With Respect to Junior Encumbrances. Any person or entity purporting to have or to take a junior mortgage or other lien upon the Property or any interest therein shall be subject to the rights of Lender to amend, modify, increase, vary, alter or supplement this Mortgage, the Note or any of the other Loan Documents, and to extend the maturity date of the DebtMaturity Date, and to increase the amount of the Debtindebtedness secured hereby, and to waive or forebear the exercise of any of its rights and remedies hereunder or under any of the other Loan Documents and to release any collateral or security for the Debtindebtedness secured hereby, in each and every case without obtaining the consent of the holder of such junior lien and without the lien or security interest of this Mortgage losing its priority over the rights of any such junior lien.

Appears in 1 contract

Samples: Craftmade International Inc

Rights With Respect to Junior Encumbrances. Any person or entity purporting to have or to take a junior mortgage or other lien upon the Property or any interest therein shall be subject to the rights of Lender Beneficiary to amend, modify, increase, vary, alter or supplement this MortgageDeed of Trust, the Note or any of the other Loan Documents, and to extend the maturity date of the Debt, Secured Obligations and to increase the amount of the Debt, Secured Obligations and to waive or forebear the exercise of any of its rights and remedies hereunder or under any of the other Loan Documents and to release any collateral or security for the Debtany portion of the Secured Obligations, in each and every case without obtaining the consent of the holder of such junior lien and without the lien or security interest of this Mortgage Deed of Trust losing its priority over the rights of any such junior lien.

Appears in 1 contract

Samples: Indemnity and Guaranty Agreement (Catellus Development Corp)

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