Common use of Same Indebtedness; Priority of Liens Not Affected Clause in Contracts

Same Indebtedness; Priority of Liens Not Affected. This Agreement and the execution of other documents contemplated hereby do not constitute the creation of a new debt or the extinguishment of the debt evidenced by the Loan Documents, nor will they in any way affect or impair the liens and security interests created by the Loan Documents, which New Borrower acknowledges to be valid and existing liens and security interests in the Project. New Borrower agrees that the lien and security interests created by the Security Instrument continue to be in full force and effect, unaffected and unimpaired by this Agreement or by the transfer of the Project or any collateral described in financing statements filed in connection with the Loan Documents and that said liens and security interests shall so continue in their perfection and priority until the debt secured by the Loan Documents is fully discharged.

Appears in 2 contracts

Samples: Note and Deed of Trust Assumption Agreement (Summit Hotel Properties LLC), Note and Deed of Trust Assumption Agreement (Maguire Properties Inc)

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Same Indebtedness; Priority of Liens Not Affected. This Agreement and the execution of other documents contemplated hereby do not constitute the creation of a new debt or the extinguishment of the debt Debt evidenced by the Loan Documents, nor will they in any way affect or impair the liens Liens and security interests created by the Loan Documents, which New Added Borrower acknowledges to be valid and existing liens Liens on and security interests in the ProjectProperty. New Added Borrower agrees that the lien Lien and security interests created by the Security Instrument Mortgage continue to be in full force and effect, unaffected and unimpaired by this Agreement or by the transfer of the Project tenant in common interest in the Property or any collateral described in financing statements filed in connection with the Loan Documents and that said liens Liens and security interests shall so continue in their perfection and priority until the debt Debt secured by the Loan Documents is fully discharged.

Appears in 1 contract

Samples: Loan Assumption and Ratification Agreement (Behringer Harvard Reit I Inc)

Same Indebtedness; Priority of Liens Not Affected. This Agreement and the execution of other documents contemplated hereby do not constitute the creation of a new debt or the extinguishment of the debt evidenced by the Loan Documents, nor will they in any way affect or impair the liens and security interests created by the Loan Documents, which New Borrower acknowledges to be valid and existing liens and security interests in the Project. New Borrower agrees that the lien and security interests created by the Security Instrument Mortgage continue to be in full force and effect, unaffected and unimpaired by this Agreement or by the transfer of the Project or any collateral described in financing statements filed in connection with the Loan Documents and that said liens and security interests shall so continue in their perfection and priority until the debt secured by the Loan Documents is fully discharged.

Appears in 1 contract

Samples: Note and Mortgage Assumption Agreement (Cedar Income Fund LTD /Md/)

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Same Indebtedness; Priority of Liens Not Affected. This Agreement and the execution of other documents contemplated hereby do not constitute the creation of a new debt or the extinguishment of the debt evidenced by the Loan Documents, nor will they in any way affect or impair the liens and security interests created by the Loan DocumentsDocuments (other than the liens and security interest encumbering the Original Property Owner Interests), which New Borrower acknowledges to be valid and existing liens and security interests in the ProjectCollateral. New Borrower agrees that the lien and security interests created by the Security Instrument Loan Documents (other than with respect to the Original Property Owner Interests) continue to be in full force and effect, unaffected and unimpaired by this Agreement or by the transfer of the Project or any collateral described in financing statements filed in connection with the Loan Documents and that said liens and security interests shall so continue in their perfection and priority until the debt secured by the Loan Documents is fully discharged.

Appears in 1 contract

Samples: Assumption and Modification Agreement (Maguire Properties Inc)

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