Common use of Subrogation to Existing Liens; Vendor’s Lien Clause in Contracts

Subrogation to Existing Liens; Vendor’s Lien. To the extent that proceeds of the Note are used to pay indebtedness secured by any outstanding lien, interest, charge or prior encumbrance against the Property, such proceeds have been advanced by Lender at Borrower's request, and Lender shall be subrogated to any and all rights, interests and liens owned by any owner or holder of such outstanding liens, security interests, charges or encumbrances, however remote, irrespective of whether said liens, interests, charges or encumbrances are released, and all of the same are recognized as valid and subsisting and are renewed and continued and merged herein to secure the secured indebtedness, but the terms and provisions of this Security Instrument shall govern and control the manner and terms of enforcement of the liens, security interests, charges and encumbrances to which Lender is subrogated hereunder. It is expressly understood that, in consideration of the payment of such indebtedness by Lender, Borrower hereby waives and releases all demands and causes of action for offsets and payments in connection with the said indebtedness. If all or any portion of the proceeds of the loan evidenced by the Note or of any other secured indebtedness has been advanced for the purpose of paying the purchase price for all or a part of the Property, no vendor's lien is waived; and Lender shall have, and is hereby granted, a vendor's lien on the Property as cumulative additional security for the secured indebtedness. Lender may foreclose under this XXXXX/FREMONT ASSOCIATES DEED OF TRUST PAGE 46 Security Instrument or under the vendor's lien without waiving the other or may foreclose under both.

Subrogation to Existing Liens; Vendor’s Lien. To the extent that proceeds of the Note are used to pay the indebtedness secured by any outstanding lien, security interest, charge or prior encumbrance against the Property, such proceeds have been advanced by Lender at BorrowerTrustee's request, and Lender shall be subrogated to any and all rights, security interests and liens owned by any owner or holder of such outstanding liens, security interests, charges or encumbrances, however remote, irrespective of whether said liens, security interests, charges or encumbrances are released, and all of the same are recognized as valid and subsisting and are renewed and continued and merged herein to secure the secured indebtednessDebt, but the terms and provisions of this Security Instrument shall govern and control the manner and terms of enforcement of the liens, security interests, charges and encumbrances to which Lender is subrogated hereunder. It is expressly understood that, in consideration of the payment of such indebtedness by Lender, Borrower hereby waives and releases all demands and causes of action for offsets and payments in connection with the said indebtedness. If all or any portion of the proceeds of the loan evidenced by the Note or of any other secured indebtedness has been advanced for the purpose of paying the purchase price for all or a part of the Property, no vendor's lien is waived; and Lender shall have, and is hereby granted, a vendor's lien on the Property as cumulative additional security for the secured indebtedness. Lender may foreclose under this XXXXX/FREMONT ASSOCIATES DEED OF TRUST PAGE 46 Security Instrument or under the vendor's lien without waiving the other or may foreclose under both.. 23 (e)

Subrogation to Existing Liens; Vendor’s Lien. To the extent that proceeds of the Note are used to pay indebtedness Debt secured by any outstanding lien, security interest, charge or prior encumbrance against the Property, such proceeds have been advanced by Lender at Borrower's Trustee’s request, and Lender shall be subrogated to any and all rights, security interests and liens owned by any owner or holder of such outstanding liens, security interests, charges or encumbrances, however remote, irrespective of whether said liens, security interests, charges or encumbrances are released, and all of the same are recognized as valid and subsisting and are renewed and continued and merged herein to secure the secured indebtednessDebt, but the terms and provisions of this Security Instrument shall govern and control the manner and terms of enforcement of the liens, security interests, charges and encumbrances to which Lender Xxxxxx is subrogated hereunder. It is expressly understood that, in consideration of the payment of such indebtedness by LenderXxxxxx, Borrower Xxxxxxxx hereby waives and releases all demands and causes of action for offsets and payments in connection with the said indebtedness. If all or any portion of the proceeds of the loan evidenced by the Note Loan or of any other secured indebtedness the Debt has been advanced for the purpose of paying the purchase price for all or a part of the Property, no vendor's ’s lien is waived; and Lender shall have, and is hereby granted, a vendor's ’s lien on the Property as cumulative additional security for the secured indebtedness. Lender may foreclose under this XXXXX/FREMONT ASSOCIATES DEED OF TRUST PAGE 46 Security Instrument or under the vendor's ’s lien without waiving the other or may foreclose under both.

Subrogation to Existing Liens; Vendor’s Lien. To the extent that proceeds of the Note are used to pay indebtedness secured by any outstanding lien, security interest, charge or prior encumbrance against the Property, such proceeds have been advanced by Lender Holder at BorrowerGrantor's request, and Lender Holder shall be subrogated to any and all rights, security interests and liens owned by any owner or holder of such outstanding liens, security interests, charges or encumbrances, however remote, irrespective of whether said liens, security interests, charges or encumbrances are released, and all of the same are recognized as valid and subsisting and are renewed and continued and merged herein to secure the secured indebtednessSecured Indebtedness, but the terms and provisions of this Security Instrument Deed of Trust shall govern and control the manner and terms of enforcement of the liens, security interests, charges and encumbrances to which Lender Holder is subrogated hereunder. It is expressly understood that, in consideration of the payment of such indebtedness by LenderHolder, Borrower Grantor hereby waives and releases all demands and causes of action for offsets and payments in connection with the said indebtedness. If all or any portion of the proceeds of the loan evidenced by the Note or of any other secured indebtedness has been advanced for the purpose of paying the purchase price for all or a part of the Property, no vendor's lien is waived; and Lender Holder shall have, and is hereby granted, a vendor's lien on the Property as cumulative additional security for the secured indebtedness. Lender Holder may foreclose under this XXXXX/FREMONT ASSOCIATES DEED OF TRUST PAGE 46 Security Instrument Deed of Trust or under the vendor's lien without waiving the other or may foreclose under both.

Subrogation to Existing Liens; Vendor’s Lien. To the extent that proceeds of the Note are used to pay indebtedness secured by any outstanding lien, security interest, charge or prior encumbrance against the Property, such proceeds have been advanced by Lender Holder at BorrowerXxxxxxxxx's request, and Lender Holder shall be subrogated to any and all rights, security interests and liens owned by any owner or holder of such outstanding liens, security interests, charges or encumbrances, however remote, irrespective of whether said liens, security interests, charges or encumbrances are released, and all of the same are recognized as valid and subsisting and are renewed and continued and merged herein to secure the secured indebtednessSecured Indebtedness, but the terms and provisions of this Security Instrument Mortgage shall govern and control the manner and terms of enforcement of the liens, security interests, charges and encumbrances to which Lender Xxxxxx is subrogated hereunder. It is expressly understood that, in consideration of the payment of such indebtedness by LenderXxxxxx, Borrower Xxxxxxxxx hereby waives and releases all demands and causes of action for offsets and payments in connection with the said indebtedness. If all or any portion of the proceeds of the loan evidenced by the Note or of any other secured indebtedness has been advanced for the purpose of paying the purchase price for all or a part of the Property, no vendor's lien is waived; and Lender Holder shall have, and is hereby granted, a vendor's lien on the Property as cumulative additional security for the secured indebtednessSecured Indebtedness. Lender Holder may foreclose under this XXXXX/FREMONT ASSOCIATES DEED OF TRUST PAGE 46 Security Instrument Mortgage or under the vendor's lien without waiving the other or may foreclose under both.

Subrogation to Existing Liens; Vendor’s Lien. To the extent that proceeds of the Note are used to pay indebtedness secured by any outstanding lien, security interest, charge or prior encumbrance against the Property, such proceeds have been advanced by Lender Beneficiary at Borrower's Grantor’s request, and Lender Beneficiary shall be subrogated to any and all rights, security interests and liens owned by any owner or holder of such outstanding liens, security interests, charges or encumbrances, however remote, irrespective of whether said liens, security interests, charges or encumbrances are released, and all of the same are recognized as valid and subsisting and are renewed and continued and merged herein to secure the secured indebtedness, but the terms and provisions of this Security Instrument Deed of Trust shall govern and control the manner and terms of enforcement of the liens, security interests, charges and encumbrances to which Lender Beneficiary is subrogated hereunder. It is expressly understood that, in consideration of the payment of such indebtedness by LenderBeneficiary, Borrower Grantor hereby waives and releases all demands and causes of action for offsets and payments in connection with the said indebtedness. If all or any portion of the proceeds of the loan Indebtedness evidenced by the Note or of any other secured indebtedness has been advanced for the purpose of paying the purchase price for all or a part of the Property, no vendor's ’s lien is waived; and Lender Beneficiary shall have, and is hereby granted, a vendor's ’s lien on the Property as cumulative additional security for the secured indebtedness. Lender Beneficiary may foreclose under this XXXXX/FREMONT ASSOCIATES DEED OF TRUST PAGE 46 Security Instrument Deed of Trust or under the vendor's ’s lien without waiving the other or may foreclose under both.

Subrogation to Existing Liens; Vendor’s Lien. To the extent that proceeds of the Note are used to pay indebtedness secured by any outstanding lien, interest, charge or prior encumbrance against the Property, such proceeds have been advanced by Lender at Borrower's request, and Lender shall be subrogated to any and all rights, interests and liens owned by any owner or holder of such outstanding liens, security interests, charges or encumbrances, however remote, irrespective of whether said liens, interests, charges or encumbrances are released, and all of the same are recognized as valid and subsisting and are renewed and continued and merged herein to secure the secured indebtedness, but the terms and provisions of this Security Instrument shall govern and control the manner and terms of enforcement of the liens, security interests, charges and encumbrances to which Lender is subrogated hereunder. It is expressly understood that, in consideration of the payment of such indebtedness by Lender, Borrower hereby waives and releases all demands and causes of action for offsets and payments in connection with the said indebtedness. If all or any portion of the proceeds of the loan evidenced by the Note or of any other secured indebtedness has been advanced for the purpose of paying XXXXX/ORANGE COUNTY ASSOCIATES DEED OF TRUST PAGE 46 the purchase price for all or a part of the Property, no vendor's lien is waived; and Lender shall have, and is hereby granted, a vendor's lien on the Property as cumulative additional security for the secured indebtedness. Lender may foreclose under this XXXXX/FREMONT ASSOCIATES DEED OF TRUST PAGE 46 Security Instrument or under the vendor's lien without waiving the other or may foreclose under both.

Subrogation to Existing Liens; Vendor’s Lien. To the extent that proceeds of the Note are used to pay the indebtedness secured by any outstanding lien, security interest, charge or prior encumbrance against the Property, such proceeds have been advanced by Lender at BorrowerTrustee's request, and Lender shall be subrogated to any and all rights, security interests and liens owned by any owner or holder of such outstanding liens, security interests, charges or encumbrances, however remote, irrespective of whether said liens, security interests, charges or encumbrances are released, and all of the same are recognized as valid and subsisting and are renewed and continued and merged herein to secure the secured indebtednessDebt, but the terms and provisions of this Security Instrument shall govern and control the manner and terms of enforcement of the liens, security interests, charges and encumbrances to which Lender Xxxxxx is subrogated hereunder. It is expressly understood that, in consideration of the payment of such indebtedness by LenderXxxxxx, Borrower Xxxxxxxx hereby waives and releases all demands and causes of action for offsets and payments in connection with the said indebtedness. If all or any portion of the proceeds of the loan evidenced by the Note or of any other secured indebtedness has been advanced for the purpose of paying the purchase price for all or a part of the Property, no vendor's lien is waived; and Lender shall have, and is hereby granted, a vendor's lien on the Property as cumulative additional security for the secured indebtedness. Lender may foreclose under this XXXXX/FREMONT ASSOCIATES DEED OF TRUST PAGE 46 Security Instrument or under the vendor's lien without waiving the other or may foreclose under both.

Subrogation to Existing Liens; Vendor’s Lien. To the extent that proceeds of the Note are used to pay indebtedness Debt secured by any outstanding lien, security interest, charge or prior encumbrance against the Property, such proceeds have been advanced by Lender at Borrower's Trustee’s request, and Lender shall be subrogated to any and all rights, security interests and liens owned by any owner or holder of such outstanding liens, security interests, charges or encumbrances, however remote, irrespective of whether said liens, security interests, charges or encumbrances are released, and all of the same are recognized as valid and subsisting and are renewed and continued and merged herein to secure the secured indebtednessDebt, but the terms and provisions of this Security Instrument shall govern and control the manner and terms of enforcement of the liens, security interests, charges and encumbrances to which Lender Xxxxxx is subrogated hereunder. It is expressly understood that, in consideration of the payment of such indebtedness by LenderXxxxxx, Borrower Xxxxxxxx hereby waives and releases all demands and causes of action for offsets and payments in connection with the said indebtedness. If all or any portion of the proceeds of the loan evidenced by the Note or of any other secured indebtedness has been advanced for the purpose of paying the purchase price for all or a part of the Property, no vendor's ’s lien is waived; and Lender shall have, and is hereby granted, a vendor's ’s lien on the Property as cumulative additional security for the secured indebtedness. Lender may foreclose under this XXXXX/FREMONT ASSOCIATES DEED OF TRUST PAGE 46 Security Instrument or under the vendor's ’s lien without waiving the other or may foreclose under both.

Subrogation to Existing Liens; Vendor’s Lien. To the extent that proceeds of the Note are used to pay indebtedness Debt secured by any outstanding lien, security interest, charge or prior encumbrance against the Trust Property, such proceeds have been advanced by Lender Beneficiary at BorrowerDeed Trustee's request, and Lender Beneficiary shall be subrogated to any and all rights, security interests and liens owned by any owner or holder of such outstanding liens, security interests, charges or encumbrances, however remote, irrespective of whether said liens, security interests, charges or encumbrances are released, and all of the same are recognized as valid and subsisting and are renewed and continued and merged herein to secure secured the secured indebtednessDebt, but the terms and provisions of this Security Instrument Deed of Trust shall govern and control the manner and terms of enforcement of the liens, security interests, charges and encumbrances to which Lender Beneficiary is subrogated hereunder. It is expressly understood that, in consideration of the payment of such indebtedness by LenderBeneficiary, Borrower Grantor hereby waives and releases all demands and causes of action for offsets and payments in connection with the said indebtedness. If all or any portion of the proceeds of the loan evidenced by the Note or of any other secured indebtedness has been advanced for the purpose of paying the purchase price for all or a part of the 157 Trust Property, no vendor's lien is waived; and Lender Beneficiary shall have, and is hereby granted, a vendor's lien on the Trust Property as cumulative additional security for the secured indebtedness. Lender Beneficiary may foreclose under this XXXXX/FREMONT ASSOCIATES DEED OF TRUST PAGE 46 Security Instrument Deed of Trust or under the vendor's lien without waiving the other or may foreclose under both.

Subrogation to Existing Liens; Vendor’s Lien. To the extent that proceeds of the Note Notes are used to pay indebtedness secured by any outstanding lien, security interest, charge or prior encumbrance against the Mortgaged Property, such proceeds have been advanced by Lender Holder at BorrowerGrantor's request, and Lender Agent shall be subrogated to any and all rights, security interests and liens owned by any owner or holder of such outstanding liens, security interests, charges or encumbrances, however remote, irrespective of whether said liens, security interests, charges or encumbrances are released, and all of the same are recognized as valid and subsisting and are renewed and continued and merged herein to secure the secured indebtedness, but the terms and provisions of this Security Instrument Deed of Trust shall govern and control the manner and terms of enforcement of the liens, security interests, charges and encumbrances to which Lender Agent is subrogated hereunder. It is expressly understood that, in consideration of the payment of such indebtedness by LenderAgent, Borrower Grantor hereby waives and releases all demands and causes of action for offsets and payments in connection with the said indebtedness. If all or any portion of the proceeds of the loan evidenced by the Note Credit Agreement and the Notes or of any other secured indebtedness has been advanced for the purpose of paying the purchase price for all or a part of the Mortgaged Property, no vendor's lien is waived; and Lender Agent shall have, and is hereby granted, a vendor's lien on the Mortgaged Property as cumulative additional security for the secured indebtedness. Lender Agent may foreclose under this XXXXX/FREMONT ASSOCIATES DEED OF TRUST PAGE 46 Security Instrument Deed of Trust or under the vendor's lien without waiving the other or may foreclose under both.