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 Grantee to amend, modify, increase, vary, alter or supplement this Security Deed, the Note or any of the other Loan Documents and to extend the maturity date of the indebtedness secured hereby and to increase the amount of the indebtedness 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 indebtedness 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 Security Deed losing its priority over the rights of any such junior lien.

Appears in 5 contracts

Samples: Record And (Merry Land Capital Trust), Record And (Merry Land Capital Trust), Record And (Merry Land Properties 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 or security interest upon the Property or any interest therein shall be subject to the rights of Grantee Mortgagee to amend, modify, increase, vary, alter or supplement this Security DeedMortgage, the Note or any of the other Loan Documents and to extend the maturity date of the indebtedness secured hereby and to increase the amount of the indebtedness 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 indebtedness 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 Security Deed Mortgage losing its priority over the rights of any such junior lien.

Appears in 2 contracts

Samples: Mortgage and Security Agreement (Merry Land Properties Inc), Mortgage and Security Agreement (Merry Land Properties Inc)

Rights With Respect to Junior Encumbrances. Any person or entity purporting to have or to take a junior deed of trust or mortgage or other lien upon the Property or any interest therein shall be subject to the rights of Grantee Beneficiary to amend, modify, increase, vary, alter or supplement this Security DeedDeed of Trust, the Note or any of the other Loan Documents and Documents, to extend the maturity date of the indebtedness secured hereby and hereby, to increase the amount of the indebtedness secured hereby and hereby, 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 indebtedness 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 Security Deed of Trust losing its priority over the rights of any such junior lien.

Appears in 2 contracts

Samples: Trust and Security Agreement (Westcoast Hospitality Corp), Westcoast Hospitality Corp

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 Grantee Lender to amend, modify, increase, vary, alter or supplement this Security Deed, the Note Notes or any of the other Loan Documents and to extend the maturity date of the indebtedness secured hereby and to increase the amount of the indebtedness 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 indebtedness 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 Security Deed losing its priority over the rights of any such junior lien.

Appears in 2 contracts

Samples: Debt and Security Agreement (Sun Communities Inc), Secure Debt and Security Agreement (Sun Communities 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 Grantee Mortgagee to amend, modify, increase, vary, alter or supplement this Security DeedMortgage, the Note or any of the other Loan Documents and to extend the maturity date of the indebtedness secured hereby and to increase the amount of the indebtedness 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 indebtedness secured hereby, in each and every case without obtaining the consent of the holder of such junior lien and without the lien Lien or security interest of this Security Deed Mortgage losing its priority over the rights of any such junior lien.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Corporate Property Associates 16 Global 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 Grantee Lender to amend, modify, increase, vary, alter or supplement this Security DeedInstrument, the Note or any of the other Loan Documents and to extend the maturity date of the indebtedness secured hereby and to increase the amount of the indebtedness 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 indebtedness 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 Security Deed Instrument losing its priority over the rights of any such junior lien.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Cornerstone Core Properties 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 Grantee Mortgagee to amend, modify, increase, vary, alter or supplement this Security DeedMortgage, the Note Loan Agreement or any of the other Loan Documents and to extend the maturity date of the indebtedness secured hereby and to increase the amount of the indebtedness 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 indebtedness 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 Security Deed Mortgage losing its priority over the rights of any such junior lien.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Cardiac Control Systems 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 Grantee Mortgagee to amend, modify, increase, vary, alter or supplement this Security Deed, the Note Mortgage or any of the other Loan Transaction Documents and to extend the maturity date of the indebtedness secured hereby and to increase the amount of the indebtedness secured hereby and to waive or forebear the exercise of any of its rights and remedies hereunder or under any of the other Loan Transaction Documents and to release any collateral or security for the indebtedness 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 Security Deed Mortgage losing its priority over the rights of any such junior lien.

Appears in 1 contract

Samples: Mortgage and Security Agreement (American International Petroleum Corp /Nv/)

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 Grantee Mortgagee to amend, modify, increase, vary, alter or supplement this Security DeedMortgage, the Note or any of the other Loan Documents and to extend the maturity date of the indebtedness secured hereby and to increase the amount of the indebtedness 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 indebtedness secured hereby, 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 Security Deed Mortgage losing its priority over the rights of any such junior lien.

Appears in 1 contract

Samples: Promissory Note Clarification Agreement (Showboat 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 Grantee Lender to amend, modify, increase, vary, alter or supplement this Security DeedDeed of Trust, the Note Notes or any of the other Loan Documents and to extend the maturity date of the indebtedness secured hereby and to increase the amount of the indebtedness 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 indebtedness 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 Security Deed of Trust losing its priority over the rights of any such junior lien.

Appears in 1 contract

Samples: Sun Communities 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 Grantee Beneficiary to amend, modify, increase, vary, alter or supplement this Security DeedInstrument, the Note or any of the other Loan Documents and to extend the maturity date of the indebtedness secured hereby and to increase the amount of the indebtedness 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 indebtedness 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 Security Deed Instrument losing its priority over the rights of any such junior lien.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Cornerstone Growth & Income REIT, 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 Property or any interest therein shall be subject to the rights of Grantee Beneficiary to amend, modify, increase, vary, alter or supplement this Security DeedDeed of Trust, the Note or any of the other Loan Documents and Documents, to extend the maturity date of the indebtedness secured hereby and hereby, to increase the amount of the indebtedness secured hereby and hereby, 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 indebtedness 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 Security 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 (Grubb & Ellis Healthcare REIT 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 Grantee Beneficiary to amend, modify, increase, vary, alter or supplement this Security DeedDeed of Trust, the Note or any of the other Loan Documents and Documents, to extend the maturity date of the indebtedness secured hereby and hereby, to increase the amount of the indebtedness secured hereby and hereby, 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 indebtedness 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 Security 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 (Nei Webworld 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 Grantee Beneficiary to amend, modify, increase, vary, alter or supplement this Security DeedDeed of Trust, the Note or any of the other Loan Documents and to extend the maturity date of the indebtedness secured hereby and to increase the amount of the indebtedness 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 indebtedness 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 Security 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 (Inland Diversified Real Estate 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 Property or any interest therein shall be subject to the rights of Grantee Mortgagee to amend, modify, increase, vary, alter or supplement this Security DeedMortgage, the Note or any of the other Loan Documents and to extend the maturity date of the indebtedness secured hereby and to increase the amount of the indebtedness 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 indebtedness 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 Security Deed Mortgage losing its priority over the rights of any such junior lien.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Acadia Realty Trust)

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 Grantee Mortgagee to amend, modify, increase, vary, alter or supplement this Security DeedMortgage, the Note or any of the other Loan Documents and to extend the maturity date of the indebtedness secured hereby and to increase the amount of the indebtedness secured hereby to the extent provided herein 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 indebtedness 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 Security Deed Mortgage losing its priority over the rights of any such junior lien.

Appears in 1 contract

Samples: Leasehold Mortgage, Security Agreement (Taubman Centers 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 Grantee Mortgagee to amend, modify, increase, vary, alter or supplement this Security DeedMortgage, the Note or any of the other Loan Documents and to extend the maturity date of the indebtedness secured hereby and to increase the amount of the indebtedness 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 indebtedness 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 Security Deed losing Mortgage closing its priority over the rights of any such junior lien.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Usa Detergents Inc)

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