Common use of Supplemental Mortgage Affidavits Clause in Contracts

Supplemental Mortgage Affidavits. As of the date hereof, Borrower represents that it has paid all state, county and municipal recording and all other taxes imposed upon the execution and recordation of the Mortgages. If at any time Lender reasonably determines, based on applicable law, that Lender is not being afforded the maximum amount of security available from any one or more of the Properties as a direct or indirect result of applicable taxes not having been paid with respect to any Individual Property, Borrower agrees that Borrower will execute, acknowledge and deliver to Lender, immediately upon Lender's request, supplemental affidavits increasing the amount of the Debt attributable to any such Individual Property (as set forth as the Release Amount on Schedule I annexed hereto) for which all applicable taxes have been paid to an amount reasonably determined by Lender to be equal to the lesser of (a) the greater of the fair market value of the applicable Individual Property (i) as of the date hereof and (ii) as of the date such supplemental affidavits are to be delivered to Lender, and (b) the amount of the Debt attributable to any such Individual Property (as set forth as the Release Amount on Schedule I annexed hereto), and Borrower shall, on demand, pay any additional taxes.

Supplemental Mortgage Affidavits. As of the date hereof, Borrower represents that it has paid all state, county and municipal recording and all other taxes imposed upon the execution and recordation of the MortgagesMortgage. If at any time Lender reasonably determines, based on applicable law, that Lender is not being afforded the maximum amount of security available from any one or more of the Properties as a direct or indirect result of applicable taxes not having been paid with respect to any Individual Property, Borrower agrees that Borrower will execute, acknowledge and deliver to Lender, immediately upon Lender's ’s request, supplemental affidavits increasing the amount of the Debt attributable to any such Individual Property (as set forth as the Release Amount on Schedule I annexed hereto) for which all applicable taxes have been paid to an amount reasonably determined by Lender to be equal to the lesser of (a) the greater of the fair market value of the applicable Individual Property (i) as of the date hereof and (ii) as of the date such supplemental affidavits are to be delivered to Lender, and (b) the amount of the Debt attributable to any such Individual Property (as set forth as the Release Amount on Schedule I annexed hereto), and Borrower shall, on demand, pay any additional taxes.

Supplemental Mortgage Affidavits. As of the date hereof, Borrower represents that it has paid all state, county and municipal recording and all other taxes imposed upon the execution and recordation of the MortgagesMortgage. If at any time Lender reasonably determines, based on applicable law, that Lender is not being afforded the maximum amount of security available from any one or more of the Properties as a direct or indirect result of applicable taxes not having been paid with respect to any Individual Property, Borrower agrees that Borrower will execute, acknowledge and deliver to Lender, immediately upon Lender's request, supplemental affidavits increasing the amount of the Debt attributable to any such Individual Property (as set forth as the Release Amount on Schedule I annexed hereto) for which all applicable taxes have been paid to an amount reasonably determined by Lender to be equal to the lesser of (a) the greater of the fair market value of the applicable Individual Property (i) as of the date hereof and (ii) as of the date such supplemental affidavits are to be delivered to Lender, and (b) the amount of the Debt attributable to any such Individual Property (as set forth as the Release Amount on Schedule I annexed hereto), and Borrower shall, on demand, pay any additional taxes.

Supplemental Mortgage Affidavits. As of the date hereof, Borrower represents that it has paid all state, county and municipal recording and all other taxes imposed upon the execution and recordation of the Mortgages. If at any time Lender reasonably determines, based on applicable law, that Lender is not being afforded the maximum amount of security available from any one or more of the Properties as a direct or indirect result of applicable taxes not having been paid with respect to any Individual Property, Borrower agrees that Borrower will execute, acknowledge and deliver to Lender, immediately upon Lender's request, supplemental affidavits increasing the amount of the Debt attributable to any such Individual Property (as set forth as the Release Allocated Loan Amount on Schedule I II annexed hereto) for which all applicable taxes have been paid to an amount reasonably determined by Lender to be equal to the lesser of (a) the greater of the fair market value of the applicable Individual Property (i) as of the date hereof and (ii) as of the date such supplemental affidavits are to be delivered to Lender, and (b) the amount of the Debt attributable to any such Individual Property (as set forth as the Release Allocated Loan Amount on Schedule I II annexed hereto), and Borrower shall, on demand, pay any additional taxes.

Supplemental Mortgage Affidavits. As of the date hereof, Borrower represents that it has paid or has deposited with the title company issuing the Title Insurance Policies funds sufficient to pay all state, county and municipal recording and all other taxes imposed upon the execution and recordation of the Mortgages. If at any time Lender reasonably determines, based on applicable law, that Lender is not being afforded the maximum amount of security available from any one or more of the Properties as a direct or indirect result of applicable taxes not having been paid with respect to any Individual Property, Borrower agrees that Borrower will execute, acknowledge and deliver to Lender, immediately upon within fifteen (15) days of Lender's request, supplemental affidavits increasing the amount of the Debt attributable to any such Individual Property (as set forth as the Release Amount on Schedule SCHEDULE I annexed hereto) for which all applicable taxes have been paid to an amount reasonably determined by Lender to be equal to the lesser of (a) the greater of the fair market value of the applicable Individual Property (i) as of the date hereof and (ii) as of the date such supplemental affidavits are to be delivered to Lender, and (b) the amount of the Debt attributable to any such Individual Property (as set forth as the Release Amount on Schedule SCHEDULE I annexed hereto), and Borrower shall, on demand, pay any additional taxes.

Supplemental Mortgage Affidavits. As of the date hereofClosing Date, Borrower represents that it has paid all state, county and municipal recording and all other taxes imposed upon the execution and recordation of the Mortgages. If at any time Lender reasonably determines, based on applicable law, that Lender is not being afforded the maximum amount of security available from any one or more of the Properties as a direct or indirect result of applicable taxes not having been paid with respect to any Individual Property, Borrower agrees that Borrower will execute, acknowledge and deliver to Lender, immediately upon Lender's ’s request, supplemental affidavits increasing the amount of the Debt attributable to any such Individual Property (as set forth as the Release Amount on Schedule I annexed hereto) for which all applicable taxes have been paid to an amount reasonably determined by Lender to be equal to the lesser of (a) the greater of the fair market value of the applicable Individual Property (i) as of the date hereof Closing Date and (ii) as of the date such supplemental affidavits are to be delivered to Lender, and (b) the amount of the Debt attributable to any such Individual Property (as set forth as the Release Amount on Schedule I annexed hereto), and Borrower shall, on demand, pay any additional taxes; provided that upon payment of the applicable taxes by Borrower, Lender agrees to readjust the Debt attributable to such Individual Property back to the levels in effect immediately prior to the execution of the supplemental affidavits above.

Supplemental Mortgage Affidavits. As of the date hereof, Borrower represents that it has paid all state, county and municipal recording and all other taxes imposed upon the execution and recordation of the Mortgages. If at any time Lender reasonably determines, based on applicable law, that Lender is not being afforded the maximum amount of security available from any one or more of the Properties as a direct or indirect result of applicable taxes not having been paid with respect to any Individual Property, Borrower agrees that Borrower will execute, acknowledge and deliver to Lender, immediately upon Lender's ’s request, supplemental affidavits increasing the amount of the Debt attributable to any such Individual Property (as set forth as the Release Allocated Loan Amount on Schedule I II annexed hereto) for which all applicable taxes have been paid to an amount reasonably determined by Lender to be equal to the lesser of (a) the greater of the fair market value of the applicable Individual Property (i) as of the Original Closing Date (or, with respect to each Swap Property, as of the date hereof hereof) and (ii) as of the date such supplemental affidavits are to be delivered to Lender, and (b) the amount of the Debt attributable to any such Individual Property (as set forth as the Release Allocated Loan Amount on Schedule I II annexed hereto), and Borrower shall, on demand, pay any additional taxes.

Supplemental Mortgage Affidavits. As of the date hereof, Borrower represents that it has paid all state, county and municipal recording and all other taxes imposed upon the execution and recordation of the MortgagesMortgages (or sufficient funds have been escrowed with the Title Company for such payment). If at any time Lender during the continuance of an Event of Default Administrative Agent reasonably determines, based on applicable law, that Administrative Agent for the benefit of Lender is not being afforded the maximum amount of security available from any one or more of the Properties as a direct or indirect result of applicable recording, stamp and like taxes not having been paid with respect to upon the execution and recordation of any Individual PropertyMortgage, Borrower Xxxxxxxx agrees that Borrower will execute, acknowledge and deliver to LenderAdministrative Agent, immediately promptly upon Lender's Administrative Agent’s request, supplemental affidavits increasing the amount of the Debt attributable to any such Individual Property (as set forth as the Release Allocated Loan Amount on Schedule I 1.1(a) annexed hereto) for which all applicable taxes have been paid to an amount reasonably determined by Lender Administrative Agent to be equal to the lesser of (a) the greater of the fair market value of the applicable Individual Property (i) as of the date hereof Closing Date and (ii) as of the date such supplemental affidavits are to be delivered to LenderAdministrative Agent, and (b) the amount of the Debt attributable to any such Individual Property (as set forth as the Release Allocated Loan Amount on Schedule I 1.1(a) annexed hereto), and Borrower shall, on demand, pay any additional taxes.

Supplemental Mortgage Affidavits. The Lien created by each Mortgage is intended to encumber the Individual Property described therein to the full extent of all the relevant Borrower's obligations under such Borrower's Note. The Lien created by each Second Mortgage is intended to encumber the Individual Property described therein to the full extent of the excess of the Indebtedness over the amount secured by relevant Mortgage. As of the date hereofClosing Date, Borrower represents that it has paid all state, county and municipal recording and all other taxes imposed upon the execution and recordation of the MortgagesMortgages and the Second Mortgages in the applicable states. If at any time Lender reasonably determines, based on applicable law, that Lender is not being afforded the maximum amount of security available from any one or more of the Properties Individual Property as a direct direct, or indirect indirect, result of applicable taxes not having been paid with respect to any Individual Propertythe Related Mortgage, Borrower agrees that Borrower will execute, acknowledge and deliver to Lender, immediately upon Lender's request, supplemental affidavits increasing the amount of the Debt attributable to any such Individual Property (as set forth as the Release Amount on Schedule I annexed hereto) Indebtedness for which all applicable taxes have been paid to an amount reasonably determined by Lender to be equal to the lesser of (a) the greater of the fair market value of the applicable such Individual Property (i) as of the date hereof Closing Date and (ii) as of the date such supplemental affidavits are to be delivered to Lender, and (b) the amount of the Debt attributable to any such Individual Property (as set forth as the Release Amount on Schedule I annexed hereto)Indebtedness, and Borrower shall, on demand, pay any such additional taxes.

Supplemental Mortgage Affidavits. As of the date hereof, Borrower represents that it has paid paid, or will pay, all state, county and municipal recording and all other taxes imposed upon the execution and recordation of the Mortgages. If at any time Lender reasonably determines, based on applicable law, that Lender is not being afforded the maximum amount of security available from any one or more of the Properties as a direct or indirect result of applicable taxes not having been paid with respect to any Individual Property, Borrower agrees that Borrower will execute, acknowledge and deliver to Lender, immediately upon Lender's request, supplemental affidavits increasing the amount of the Debt attributable to any such Individual Property (as set forth as the Release Amount on Schedule I annexed hereto) for which all applicable taxes have been paid to an amount reasonably determined by Lender to be equal to the lesser of (a) the greater of the fair market value of the applicable Individual Property (i) as of the date hereof and (ii) as of the date such supplemental affidavits are to be delivered to Lender, and (b) the amount of the Debt attributable to any such Individual Property (as set forth as the Release Amount on Schedule I annexed hereto), and Borrower shall, on demand, pay any additional taxes.

Supplemental Mortgage Affidavits. The Lien created by each Mortgage is intended to encumber the Individual Property described therein to the full extent of all the relevant Borrower's obligations under such Borrower's Note. The Lien created by each Second Mortgage is intended to encumber the Individual Property described therein to the full extent of the excess of the Indebtedness over the amount secured by the relevant Mortgage. As of the date hereofClosing Date, Borrower represents that it has paid paid, or arranged for timely payment of, all state, county and municipal recording and all other taxes imposed upon the execution and recordation of the MortgagesMortgages and the Second Mortgages in the applicable states. If at any time Lender reasonably determines, based on applicable law, that Lender is not being afforded the maximum amount of security available from any one or more of the Properties Individual Property as a direct direct, or indirect indirect, result of applicable taxes not having been paid with respect to any Individual Propertythe Related Mortgages, Borrower agrees that Borrower will execute, acknowledge and deliver to Lender, immediately upon Lender's request, supplemental affidavits increasing the amount of the Debt attributable to any such Individual Property (as set forth as the Release Amount on Schedule I annexed hereto) Indebtedness for which all applicable taxes have been paid to an amount reasonably determined by Lender to be equal to the lesser of (a) the greater of the fair market value of the applicable such Individual Property (i) as of the date hereof Closing Date and (ii) as of the date such supplemental affidavits are to be delivered to Lender, and (b) the amount of the Debt attributable to any such Individual Property (as set forth as the Release Amount on Schedule I annexed hereto)Indebtedness, and Borrower shall, on demand, pay any such additional taxes.

Supplemental Mortgage Affidavits. As of the date hereof, Borrower represents that it has paid all state, county and municipal recording and all other taxes imposed upon the execution and recordation of the Mortgages. If at any time Lender reasonably determines, based on applicable law, that Lender is not being afforded the maximum amount of security available from any one or more of the Properties as a direct or indirect result of applicable taxes not having been paid with respect to any Individual Property, Borrower agrees that Borrower will execute, acknowledge and deliver to Lender, immediately upon Lender's ’s request, supplemental affidavits increasing the amount of the Debt attributable to any such Individual Property (as set forth as the Release Allocated Loan Amount on Schedule I II annexed hereto) for which all applicable taxes have been paid to an amount reasonably determined by Lender to be equal to the lesser of (a) the greater of the fair market value of the applicable Individual Property (i) as of the date hereof and (ii) as of the date such supplemental affidavits are to be delivered to Lender, and (b) the amount of the Debt attributable to any such Individual Property (as set forth as the Release Allocated Loan Amount on Schedule I II annexed hereto), and Borrower shall, on demand, pay any additional taxes.

Supplemental Mortgage Affidavits. As of the date hereof, Borrower represents to the best of its knowledge, that it has paid all state, county and municipal recording and all other taxes imposed upon the execution and recordation of the MortgagesMortgages encumbering the Property. If at any time Lender reasonably determines, based on applicable law, that Lender is not being afforded the maximum amount of security available from any one or more of the Properties Property as a direct or indirect result of applicable taxes not having been paid with respect to any Individual such Property, Borrower agrees that Borrower will execute, acknowledge and deliver to Lender, immediately upon Lender's request, supplemental affidavits increasing the amount of the Debt attributable to any such Individual Property (as set forth as the Release Amount on Schedule I annexed hereto) for which all applicable taxes have been paid to an amount reasonably determined by Lender to be equal to the lesser of (a) the greater of the fair market value of the applicable Individual Property (i) as of the date hereof and (ii) as of the date such supplemental affidavits are to be delivered to Lender, and (b) the amount of the Debt attributable to any such Individual Property (as set forth as the Release Amount on Schedule I annexed hereto), and Borrower shall, on demand, pay any additional taxes.

Supplemental Mortgage Affidavits. As of the date hereof, Borrower represents that it has paid all state, county and municipal recording and all other taxes imposed upon the execution and recordation of the Mortgages. If at any time Lender reasonably determines, based on applicable law, that Lender is not being afforded the maximum amount of security available from any one or more of the Properties as a direct or indirect result of applicable taxes not having been paid with respect to any Individual Property, Borrower agrees that Borrower will execute, acknowledge and deliver to Lender, immediately upon Lender's request, supplemental affidavits increasing the amount of the Debt attributable to any such Individual Property (as set forth as the Release Allocated Loan Amount on Schedule I annexed hereto) for which all applicable taxes have been paid to an amount reasonably determined by Lender to be equal to the lesser of (a) the greater of the fair market value of the applicable Individual Property (i) as of the date hereof and (ii) as of the date such supplemental affidavits are to be delivered to Lender, and (b) the amount of the Debt attributable to any such Individual Property (as set forth as the Release Amount on Schedule I annexed hereto), and Borrower shall, on demand, pay any additional taxes.one hundred twenty-five