Common use of Second Lien Status Clause in Contracts

Second Lien Status. Notwithstanding anything herein to the contrary, the lien and security interest granted to or for the benefit of Beneficiary under this Deed of Trust and the exercise of any right or remedy by or for the benefit of Beneficiary hereunder are subject to the provisions of the Term Loan Intercreditor Agreement. In the event of any conflict between the terms of the Term Loan Intercreditor Agreement and this Deed of Trust, the terms of the Term Loan Intercreditor Agreement shall govern and control. Any reference in this Deed of Trust to “second priority lien” or words of similar effect in describing the security interests created hereunder shall be understood to refer to such priority as set forth in the Term Loan Intercreditor Agreement. All representations, warranties, and covenants in this Deed of Trust shall be subject to the provisions and qualifications set forth in this Section 5.18.

Second Lien Status. Notwithstanding anything herein to the contrary, the lien and security interest granted to or for the benefit of Beneficiary Mortgagee under this Deed of Trust Mortgage and the exercise of any right or remedy by or for the benefit of Beneficiary hereunder are subject to the provisions of the Term Loan Intercreditor Agreement. In the event of any conflict between the terms of the Term Loan Intercreditor Agreement and this Deed of TrustMortgage, the terms of the Term Loan Intercreditor Agreement shall govern and control. Any reference in this Deed of Trust Mortgage to “second priority lien” or words of similar effect in describing the security interests created hereunder shall be understood to refer to such priority as set forth in the Term Loan Intercreditor Agreement. All representations, warranties, and covenants in this Deed of Trust Mortgage shall be subject to the provisions and qualifications set forth in this Section 5.18.

Second Lien Status. Notwithstanding anything herein to the contrary, the lien and security interest granted to or for the benefit of Beneficiary Mortgagee under this Deed of Trust Mortgage and the exercise of any right or remedy by or for the benefit of Beneficiary hereunder are subject to the provisions of the Term Loan Intercreditor Agreement. In the event of any conflict between the terms of the Term Loan Intercreditor Agreement and this Deed of TrustMortgage, the 16 terms of the Term Loan Intercreditor Agreement shall govern and control. Any reference in this Deed of Trust Mortgage to “second priority lien” or words of similar effect in describing the security interests created hereunder shall be understood to refer to such priority as set forth in the Term Loan Intercreditor Agreement. All representations, warranties, and covenants in this Deed of Trust Mortgage shall be subject to the provisions and qualifications set forth in this Section 5.18.

Second Lien Status. Notwithstanding anything herein to the contrary, the lien and security interest granted to or for the benefit of Beneficiary Mortgagee under this Deed of Trust Mortgage and the exercise of any right or remedy by or for the benefit of Beneficiary hereunder are subject to the provisions of the Term Loan Intercreditor Agreement. In the event of any conflict between the terms of the Term Loan Intercreditor Agreement and this Deed of TrustMortgage, the terms of the Term Loan Intercreditor Agreement shall govern and control. Any reference in this Deed of Trust Mortgage to “second priority lien” or words of similar effect in describing the security interests created hereunder shall be understood to refer to such priority as set forth in the Term Loan Intercreditor Agreement. All representations, warranties, and covenants in this Deed of Trust Mortgage shall be subject to the provisions and qualifications set forth in this Section 5.185.25.