Common use of Tax and Insurance Impound Account Clause in Contracts

Tax and Insurance Impound Account. Grantor shall establish and maintain at all times while this Security Deed continues in effect an impound account (the "Impound Account") with Grantee for payment of real estate taxes and assessments and insurance on the Property and as additional security for the indebtedness secured hereby. Simultaneously with the execution hereof, Grantor shall deposit in the Impound Account an amount determined by Grantee to be necessary to ensure that there will be on deposit with Grantee an amount which, when added to the monthly payments subsequently required to be deposited with Grantee hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee in the Impound Account an amount sufficient to pay the next due installment of real estate taxes and assessment on the Property at least one (1) month prior to the due date thereof and the next due annual insurance premiums with respect to the Property at least one (1) month prior to the due date thereof. Commencing on the first monthly payment date under the Note and continuing thereafter on each monthly payment date under the Note, Grantor shall pay to Grantee, concurrently with and in addition to the monthly payment due under the Note and until the Note and all other indebtedness secured hereby is fully paid and performed, deposits in an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes and assessments that will next become due and payable on the Property, plus one-twelfth (1/12) of the amount of the annual premiums that will next become due and payable on insurance policies which Grantor is required to maintain hereunder, each as estimated and determined by Grantee. So long as no Event of Default (as hereinafter defined), or event which with the passage of time, the giving of notice, or both, would constitute an Event of Default (a "Default") hereunder or under the other Loan Documents has occurred and is continuing, all sums in the Impound Account shall be held by Grante in the Impound Account to pay said taxes, assessments and insurance premiums before the same become delinquent. Grantor shall be responsible for ensuring the receipt by Grantee, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxes, assessments and insurance premiums to be paid from the Impound Account, and so long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuing, Grantee shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee shall be entitled to rely on any xxxx, statement or estimate procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such xxxx, statement or estimate and without any inquiry into the accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at Grantee's option and in Grantee's discretion, may either be held in a separate account or be commingled by Grantee with the general funds of Grantee. No interest on the funds contained in the Impound Account shall be paid by Grantee to Grantor. The Impound Account is solely for the protection of Grantee and entails no responsibility on Grantee's part beyond the payment of taxes, assessments and insurance premiums following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed by Grantee, any funds in the Impound Account shall be turned over to the assignee and any responsibility of Grantee, as assignor, with respect thereto shall terminate. If th total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee for the purposes of the Impound Account, such excess may be credited by Grantee on subsequent payments to be made hereunder or, at the option of Grantee, refunded to Grantor. If, however, the Impound Account shall not contain sufficient funds to pay the sums required when the same shall become due and payable, Grantor shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee the full amount of any such deficiency. If the Grantor shall fail to deposit with Grantee the full amount of such deficiency as provided above, Grantee shall have the option, but not the obligation, to make such deposit and all amounts so deposited by Grantee, together with interest thereon at the Default Interest Rate from the date incurred by Grantee until actually paid by Grantor, shall be immediately paid by Grantor on demand and shall be secured by this Security Deed and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under this Security Deed, Grantee may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby in whatever order Grantee shall subjectively determine. No such application of the Impound Account shall be deemed to cure any Default or Event of Default hereunder. Upon full payment of the indebtedness secured hereby in accordance with its terms or at such earlier time as Grantee may elect, the balance of the Impound Account then in Grantee's possession shall be paid over to Grantor and no other party shall have any right or claim thereto.

Appears in 4 contracts

Samples: Record And (Merry Land Properties Inc), Record And (Merry Land Properties Inc), Record And (Merry Land Capital Trust)

AutoNDA by SimpleDocs

Tax and Insurance Impound Account. Grantor (a) Subject to Section 1.6(b) below, Borrower shall establish and maintain with Lender at all times while this Security Deed Mortgage continues in effect an impound account (the "Impound Account") with Grantee for payment of real estate taxes Taxes and assessments Other Charges and insurance for the premiums on the insurance required to be maintained with respect to Borrower and the Property (“Insurance Premiums”) and as additional security for the indebtedness secured herebyObligations. Simultaneously In addition to the initial deposit to the Impound Account required simultaneously with the execution hereof, Grantor shall deposit in the Impound Account an amount determined by Grantee to be necessary to ensure that there will be on deposit with Grantee an amount which, when added to the monthly payments subsequently required to be deposited with Grantee hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee in the Impound Account an amount sufficient to pay the next due installment of real estate taxes and assessment on the Property at least one (1) month prior to the due date thereof and the next due annual insurance premiums with respect to the Property at least one (1) month prior to the due date thereof. Commencing commencing on the first monthly payment date under Payment Date (as defined in the Note Note) and continuing thereafter on each monthly payment date under the Note, Grantor shall pay to Grantee, concurrently with and in addition to the monthly payment due under the Note and Payment Date until the Note and all other indebtedness secured hereby is Obligations are fully paid and performed, deposits in Borrower shall pay to Lender, or cause to be paid to Lender, for deposit to the Impound Account, an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes Taxes and assessments Other Charges that will next become due and payable on the Property, plus one-twelfth (1/12) of the amount of the annual premiums Insurance Premiums that will next become due and payable on insurance policies which Grantor is required to maintain hereunderpayable, each as estimated and determined by GranteeLender. So long as no Event of Default (as hereinafter defined), or event which with the passage of time, the giving of notice, or both, would constitute an Event of Default (a "Default"defined in Section 2.1 hereunder) hereunder or under the other Loan Documents has occurred and is continuing, all sums in the Impound Account shall be held by Grante Lender in the Impound Account to pay said taxesTaxes and Other Charges, assessments in periodic installments, and insurance premiums Insurance Premiums in one annual installment, in each case, before the same become delinquent. Grantor Borrower shall be responsible for ensuring the receipt by GranteeLender, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxesTaxes and Other Charges, assessments and insurance premiums to be paid from the Impound Accountall Insurance Premiums, and so long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuing, Grantee Lender shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee Lender shall be entitled to rely on any xxxxbxxx, statement or estimate procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such xxxxbxxx, statement or estimate and without any inquiry into the accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at Grantee's Lender’s option and in Grantee's Lender’s discretion, may either be held in a separate account or be commingled by Grantee Lender with the general funds of GranteeLender. No interest on the funds contained in the Impound Account shall be paid by Grantee Lender to GrantorBorrower. The Impound Account is solely for the protection of Grantee Lender and entails no responsibility on Grantee's Lender’s part beyond the payment of taxesTaxes and Other Charges, assessments and insurance premiums of Insurance Premiums, following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed Mortgage by GranteeLender, any funds in the Impound Account shall be turned over to the assignee and any responsibility of GranteeLender, as assignor, with respect thereto to such funds shall terminate. If th the total funds in the Impound Account shall exceed are reasonably determined by Lender to be in excess of the amount of payments actually applied required by Grantee Lender for the purposes of the Impound Account, such excess may be credited by Grantee Lender on the subsequent payments payment to be made hereunder or, at if such excess is greater than the option amounts due from Borrower to Lender in the month following such determination (and if no Event of GranteeDefault is then continuing and no event has occurred, and no state of facts exists, which in either case would, with the giving of notice and/or the passage of time, constitute an Event of Default (any such event or state of facts, a “Default”) is then continuing), refunded to GrantorBorrower. IfIf at any time Lender determines that, howeverwith the making of all monthly deposits to the Impound Account when due, the Impound Account shall nonetheless would not contain sufficient funds to pay the sums required when next due periodic installments of all Taxes and Other Charges at least 30 days prior to the same shall become delinquency date thereof, or to pay the next due and payableannual Insurance Premiums at least 30 days prior to the due date thereof, Grantor Borrower shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee Lender the full amount of any such deficiency. If the Grantor Borrower shall fail to deposit with Grantee Lender the full amount of such deficiency as provided above, Grantee Lender shall have the option, but not the obligation, to make such deposit and all amounts so deposited by GranteeLender, together with interest thereon at the Default Interest Rate from the date incurred by Grantee Lender until actually paid by GrantorBorrower, shall be immediately paid by Grantor Borrower on demand and shall be secured by this Security Deed and by all demand. At any time during the continuance of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under this Security DeedDefault, Grantee Lender may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby Obligations in whatever order Grantee Lender shall subjectively determine. No such application of the Impound Account shall be deemed to cure any Default or Event of Default hereunder, and any such application shall not limit Borrower’s obligation to deposit any deficiency of which Lender gives notice. Upon full payment of the indebtedness secured hereby Obligations in accordance with its terms or at such earlier time as Grantee Lender may elect, the balance of the Impound Account then in Grantee's Lender’s possession shall be paid over to Grantor Borrower and no other party shall have any right or claim thereto.

Appears in 3 contracts

Samples: And Security Agreement (Gladstone Commercial Corp), Rents and Security Agreement (Gladstone Commercial Corp), And Security Agreement (Gladstone Commercial Corp)

Tax and Insurance Impound Account. Grantor (a) Mortgagor shall establish and maintain at all times while this Security Deed Mortgage continues in effect an impound account (the "Impound Account") with Grantee Mortgagee for payment of real estate taxes and assessments and insurance on the Mortgaged Property and as additional security for the indebtedness secured herebyDebt. Simultaneously with the execution hereof, Grantor Mortgagor shall deposit in the Impound Account an amount determined by Grantee Mortgagee to be necessary to ensure that there will be on deposit with Grantee Mortgagee an amount which, when added to the monthly payments subsequently required to be deposited with Grantee Mortgagee hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee Mortgagee in the Impound Account an amount sufficient to pay the next due installment of real estate taxes and assessment assessments on the Mortgaged Property at least one (1) month prior to the earlier of (a) the due date thereof or (b) any such date by which Mortgagor or Mortgagee is required by law to pay same and the next due annual insurance premiums with respect to the Mortgaged Property at least one (1) month prior to the due date thereof. Commencing on the first monthly payment date under the Note and continuing thereafter on each monthly payment date under the Note, Grantor Mortgagor shall pay to GranteeMortgagee, concurrently with and in addition to the monthly payment due under the Note and until the Note and all other indebtedness secured hereby Debt is fully paid and performed, deposits in an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes and assessments that will next become due and payable on the Mortgaged Property, plus one-twelfth (1/12) of the amount of the annual premiums that will next become due and payable on insurance policies which Grantor Mortgagor is required to maintain hereunder, each as estimated and determined by GranteeMortgagee. So long as no Event of Default (as hereinafter defined)has occurred, and no event has occurred or event failed to occur which with the passage of time, the giving of notice, or both, both would constitute an Event of Default (a "Default") hereunder or under the other Loan Documents has occurred and is continuing”), all sums in the Impound Account shall be held by Grante Mortgagee in the Impound Account to pay said taxes, assessments and insurance premiums before the same become delinquent. Grantor Mortgagor shall be responsible for ensuring the receipt by GranteeMortgagee, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxes, assessments and insurance premiums to be paid from the Impound Account, and so long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuingoccurred, Grantee Mortgagee shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee Mortgagee shall be entitled to rely on any xxxx, statement or estimate procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such xxxx, statement or estimate and without any inquiry into the accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at Grantee's option and in Grantee's discretion, may either be held in a separate account or be commingled by Grantee with the general funds of Grantee. No interest on the funds contained in the Impound Account Account, if any, shall be paid by Grantee Mortgagee to Grantor. The Impound Account is solely for the protection of Grantee and entails no responsibility on Grantee's part beyond the payment of taxes, assessments and insurance premiums following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed by Grantee, any funds in the Impound Account shall be turned over to the assignee and any responsibility of Grantee, as assignor, with respect thereto shall terminate. If th total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee for the purposes of the Impound Account, such excess may be credited by Grantee on subsequent payments to be made hereunder or, at the option of Grantee, refunded to Grantor. If, however, the Impound Account shall not contain sufficient funds to pay the sums required when the same shall become due and payable, Grantor shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee the full amount of any such deficiency. If the Grantor shall fail to deposit with Grantee the full amount of such deficiency as provided above, Grantee shall have the option, but not the obligation, to make such deposit and all amounts so deposited by Grantee, together with interest thereon at the Default Interest Rate from the date incurred by Grantee until actually paid by Grantor, shall be immediately paid by Grantor on demand and shall be secured by this Security Deed and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under this Security Deed, Grantee may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby in whatever order Grantee shall subjectively determine. No such application of the Impound Account shall be deemed to cure any Default or Event of Default hereunder. Upon full payment of the indebtedness secured hereby in accordance with its terms or at such earlier time as Grantee may elect, the balance of the Impound Account then in Grantee's possession shall be paid over to Grantor and no other party shall have any right or claim theretoMortgagor.

Appears in 2 contracts

Samples: Mortgage and Security Agreement (Apple Hospitality Two Inc), Mortgage and Security Agreement (Apple Hospitality Two Inc)

Tax and Insurance Impound Account. (a) Grantor shall establish and maintain at all times while this Security Deed of Trust continues in effect an impound account (the "Impound Account") with Grantee Beneficiary for payment of real estate taxes and assessments and insurance on the Trust Property and as additional security for the indebtedness secured herebyDebt. Simultaneously with the execution hereof, Grantor shall deposit in the Impound Account an amount determined by Grantee Beneficiary to be necessary to ensure that there will be on deposit with Grantee Beneficiary an amount which, when added to the monthly payments subsequently required to be deposited with Grantee Beneficiary hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee Beneficiary in the Impound Account an amount sufficient to pay the next due installment of real estate taxes and assessment assessments on the Trust Property at least one (1) month prior to the earlier of (a) the due date thereof or (b) any such date by which Grantor or Beneficiary is required by law to pay same and the next due annual insurance premiums with respect to the Trust Property at least one (1) month prior to the due date thereof. Commencing on the first monthly payment date under the Note and continuing thereafter on each monthly payment date under the Note, Grantor shall pay to GranteeBeneficiary, concurrently with and in addition to the monthly payment due under the Note and until the Note and all other indebtedness secured hereby Debt is fully paid and performed, deposits in an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes and assessments that will next become due and payable on the Trust Property, plus one-twelfth (1/12) of the amount of the annual premiums that will next become due and payable on insurance policies which Grantor is required to maintain hereunder, each as estimated and determined by GranteeBeneficiary. So long as no Event of Default (as hereinafter defined)has occurred, and no event has occurred or event failed to occur which with the passage of time, the giving of notice, or both, both would constitute an Event of Default (a "Default") hereunder or under the other Loan Documents has occurred and is continuing), all sums in the Impound Account shall be held by Grante Beneficiary in the Impound Account to pay said taxes, assessments and insurance premiums before the same become delinquent. Grantor shall be responsible for ensuring the receipt by GranteeBeneficiary, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxes, assessments and insurance premiums to be paid from the Impound Account, and so long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuingoccurred, Grantee Beneficiary shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee Beneficiary shall be entitled to rely on any xxxxbill, statement or estimate procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such xxxxbill, statement or estimate and without any inquiry into the accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at Grantee's option and in Grantee's discretion, may either be held in a separate account or be commingled by Grantee with the general funds of Grantee. No interest on the funds contained in the Impound Account Account, if any, shall be paid by Grantee Beneficiary to Grantor. The Impound Account is solely for the protection of Grantee and entails no responsibility on Grantee's part beyond the payment of taxes, assessments and insurance premiums following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed by Grantee, any funds in the Impound Account shall be turned over to the assignee and any responsibility of Grantee, as assignor, with respect thereto shall terminate. If th total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee for the purposes of the Impound Account, such excess may be credited by Grantee on subsequent payments to be made hereunder or, at the option of Grantee, refunded to Grantor. If, however, the Impound Account shall not contain sufficient funds to pay the sums required when the same shall become due and payable, Grantor shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee the full amount of any such deficiency. If the Grantor shall fail to deposit with Grantee the full amount of such deficiency as provided above, Grantee shall have the option, but not the obligation, to make such deposit and all amounts so deposited by Grantee, together with interest thereon at the Default Interest Rate from the date incurred by Grantee until actually paid by Grantor, shall be immediately paid by Grantor on demand and shall be secured by this Security Deed and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under this Security Deed, Grantee may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby in whatever order Grantee shall subjectively determine. No such application of the Impound Account shall be deemed to cure any Default or Event of Default hereunder. Upon full payment of the indebtedness secured hereby in accordance with its terms or at such earlier time as Grantee may elect, the balance of the Impound Account then in Grantee's possession shall be paid over to Grantor and no other party shall have any right or claim thereto.

Appears in 2 contracts

Samples: Trust and Security Agreement (Cornerstone Realty Income Trust Inc), Trust, Security Agreement and Fixture Filing (Apple Suites Inc)

Tax and Insurance Impound Account. Grantor Mortgagor shall establish and maintain at all times while this Security Deed Mortgage continues in effect an impound account (the "Impound Account") with Grantee Mortgagee for payment of real estate taxes and assessments and insurance on the Mortgaged Property and as additional security for the indebtedness secured herebyDebt. Simultaneously with the execution hereof, Grantor Mortgagor shall deposit in the Impound Account an amount determined by Grantee equal to be necessary to ensure that there will be on deposit with Grantee an $151,628.58 (which amount which, when added to the monthly payments subsequently required to be deposited with Grantee hereunder on account of has been escrowed solely for real estate taxes), assessments and insurance premiums, will result in there being on deposit with Grantee in the Impound Account an which amount sufficient to pay the next due installment of real estate taxes and assessment on the Property at least one (1) month prior to the due date thereof and the next due annual insurance premiums with respect to the Property at least one (1) month prior to the due date thereofhas been reasonably determined by Mortgagee. Commencing on the first monthly payment date Payment Date under the Note and continuing thereafter on each monthly payment date under the Notesubsequent Payment Date, Grantor Mortgagor shall pay to GranteeMortgagee, concurrently with and in addition to the monthly payment due under the Note and until the Note and all other indebtedness secured hereby Debt is fully paid and performed, deposits in an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes and assessments that will next become due and payable on the Mortgaged Property, plus one-twelfth (1/12) of the amount of the annual premiums that will next become due and payable on insurance policies which Grantor Mortgagor is required to maintain hereunder, each as estimated and determined by GranteeMortgagee. So long as no Event of Default (as hereinafter defined)has occurred and is continuing, and no event has occurred or event failed to occur which with the passage of time, the giving of notice, or both, both would constitute an Event of Default (a "Default") hereunder or under the other Loan Documents has occurred and is continuing”), all sums in the Impound Account shall be held by Grante Mortgagee in the Impound Account to pay said taxes, assessments and insurance premiums before the same become delinquent. Grantor Mortgagor shall be responsible for ensuring the receipt by GranteeMortgagee, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxes, assessments and insurance premiums to be paid from the Impound Account, and so long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuing, Grantee Mortgagee shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee shall be entitled to rely on any xxxx, statement or estimate procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such xxxx, statement or estimate and without any inquiry into the accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at Grantee's option and in Grantee's discretion, may either be held in a separate account or be commingled by Grantee with the general funds of Grantee. No interest on the funds contained in the Impound Account Account, if any, shall be paid by Grantee Mortgagee to Grantor. The Impound Account is solely for the protection of Grantee and entails no responsibility on Grantee's part beyond the payment of taxes, assessments and insurance premiums following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed by Grantee, any funds in the Impound Account shall be turned over to the assignee and any responsibility of Grantee, as assignor, with respect thereto shall terminate. If th total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee for the purposes of the Impound Account, such excess may be credited by Grantee on subsequent payments to be made hereunder or, at the option of Grantee, refunded to Grantor. If, however, the Impound Account shall not contain sufficient funds to pay the sums required when the same shall become due and payable, Grantor shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee the full amount of any such deficiency. If the Grantor shall fail to deposit with Grantee the full amount of such deficiency as provided above, Grantee shall have the option, but not the obligation, to make such deposit and all amounts so deposited by Grantee, together with interest thereon at the Default Interest Rate from the date incurred by Grantee until actually paid by Grantor, shall be immediately paid by Grantor on demand and shall be secured by this Security Deed and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under this Security Deed, Grantee may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby in whatever order Grantee shall subjectively determine. No such application of the Impound Account shall be deemed to cure any Default or Event of Default hereunder. Upon full payment of the indebtedness secured hereby in accordance with its terms or at such earlier time as Grantee may elect, the balance of the Impound Account then in Grantee's possession shall be paid over to Grantor and no other party shall have any right or claim theretoMortgagor.

Appears in 2 contracts

Samples: Mortgage and Security Agreement (American Realty Capital New York Recovery Reit Inc), Mortgage and Security Agreement (American Realty Capital New York Recovery Reit Inc)

Tax and Insurance Impound Account. Grantor (a) Subject to Section 1.6(b) below, Borrower shall establish and maintain with Lender at all times while this Security Deed of Trust continues in effect an impound account (the "Impound Account") with Grantee for payment of real estate taxes Taxes and assessments Other Charges and insurance for the premiums on the insurance required to be maintained with respect to Borrower and the Property (“Insurance Premiums”) and as additional security for the indebtedness secured herebyObligations. Simultaneously In addition to the initial deposit to the Impound Account required simultaneously with the execution hereof, Grantor shall deposit in the Impound Account an amount determined by Grantee to be necessary to ensure that there will be on deposit with Grantee an amount which, when added to the monthly payments subsequently required to be deposited with Grantee hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee in the Impound Account an amount sufficient to pay the next due installment of real estate taxes and assessment on the Property at least one (1) month prior to the due date thereof and the next due annual insurance premiums with respect to the Property at least one (1) month prior to the due date thereof. Commencing commencing on the first monthly payment date under Payment Date (as defined in the Note Note) and continuing thereafter on each monthly payment date under the Note, Grantor shall pay to Grantee, concurrently with and in addition to the monthly payment due under the Note and Payment Date until the Note and all other indebtedness secured hereby is Obligations are fully paid and performed, deposits in Borrower shall pay to Lender, or cause to be paid to Lender, for deposit to the Impound Account, an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes Taxes and assessments Other Charges that will next become due and payable on the Property, plus one-twelfth (1/12) of the amount of the annual premiums Insurance Premiums that will next become due and payable on insurance policies which Grantor is required to maintain hereunderpayable, each as estimated and determined by GranteeLxxxxx. So long as no Event of Default (as hereinafter defined), or event which with the passage of time, the giving of notice, or both, would constitute an Event of Default (a "Default"defined in Section 2.1 hereunder) hereunder or under the other Loan Documents has occurred and is continuing, all sums in the Impound Account shall be held by Grante Lxxxxx in the Impound Account to pay said taxesTaxes and Other Charges, assessments in periodic installments, and insurance premiums Insurance Premiums in one annual installment, in each case, before the same become delinquent. Grantor Borrower shall be responsible for ensuring the receipt by GranteeLxxxxx, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxesTaxes and Other Charges, assessments and insurance premiums to be paid from the Impound Accountall Insurance Premiums, and so long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuing, Grantee Lender shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee Lxxxxx shall be entitled to rely on any xxxxbill, statement or estimate procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such xxxxbill, statement or estimate and without any inquiry into the accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at Grantee's Lxxxxx’s option and in Grantee's Lxxxxx’s discretion, may either be held in a separate account or be commingled by Grantee Lender with the general funds of GranteeLender. No interest on the funds contained in the Impound Account shall be paid by Grantee Lxxxxx to GrantorBorrower. The Impound Account is solely for the protection of Grantee Lender and entails no responsibility on Grantee's Lxxxxx’s part beyond the payment of taxesTaxes and Other Charges, assessments and insurance premiums of Insurance Premiums, following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed of Trust by GranteeLxxxxx, any funds in the Impound Account shall be turned over to the assignee and any responsibility of GranteeLender, as assignor, with respect thereto to such funds shall terminate. If th the total funds in the Impound Account shall exceed are reasonably determined by Lender to be in excess of the amount of payments actually applied required by Grantee Lender for the purposes of the Impound Account, such excess may be credited by Grantee Lxxxxx on the subsequent payments payment to be made hereunder or, at if such excess is greater than the option amounts due from Borrower to Lender in the month following such determination (and if no Event of GranteeDefault is then continuing and no event has occurred, and no state of facts exists, which in either case would, with the giving of notice and/or the passage of time, constitute an Event of Default (any such event or state of facts, a “Default”) is then continuing), refunded to GrantorBorrower. IfIf at any time Lender determines that, howeverwith the making of all monthly deposits to the Impound Account when due, the Impound Account shall nonetheless would not contain sufficient funds to pay the sums required when next due periodic installments of all Taxes and Other Charges at least 30 days prior to the same shall become delinquency date thereof, or to pay the next due and payableannual Insurance Premiums at least 30 days prior to the due date thereof, Grantor Borrower shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee Lender the full amount of any such deficiency. If the Grantor Borrower shall fail to deposit with Grantee Lender the full amount of such deficiency as provided above, Grantee Lender shall have the option, but not the obligation, to make such deposit and all amounts so deposited by GranteeLender, together with interest thereon at the Default Interest Rate from the date incurred by Grantee Lxxxxx until actually paid by GrantorBorrower, shall be immediately paid by Grantor Borrower on demand and shall be secured by this Security Deed and by all demand. At any time during the continuance of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under this Security DeedDefault, Grantee Lender may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby Obligations in whatever order Grantee Lender shall subjectively determine. No such application of the Impound Account shall be deemed to cure any Default or Event of Default hereunder, and any such application shall not limit Borrower’s obligation to deposit any deficiency of which Lender gives notice. Upon full payment of the indebtedness secured hereby Obligations in accordance with its terms or at such earlier time as Grantee Lender may elect, the balance of the Impound Account then in Grantee's Lxxxxx’s possession shall be paid over to Grantor Borrower and no other party shall have any right or claim thereto.

Appears in 2 contracts

Samples: And Security Agreement (Gladstone Commercial Corp), And Security Agreement (Gladstone Commercial Corp)

Tax and Insurance Impound Account. Grantor shall establish and maintain at all times while this Security Deed of Trust continues in effect an impound account (the "Impound Account") with Grantee Beneficiary for payment of real estate taxes and assessments and insurance on the Property and as additional security for the indebtedness secured hereby. Simultaneously with the execution hereof, Grantor shall deposit in the Impound Account an amount determined by Grantee Beneficiary to be necessary to ensure that there will be on deposit with Grantee an amount which, sufficient (when added to the monthly payments subsequently required to be deposited with Grantee hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee in the Impound Account an amount sufficient deposits described herein) to pay the next due annual installment of real estate taxes and assessment assessments on the Property at least one (1) month prior to the due delinquency date thereof (if paid in one installment) and the next due annual insurance premiums with respect to the Property at least one (1) month prior to the due date thereofthereof (if paid in one installment). Commencing on the first monthly payment date under the Note and continuing thereafter on each monthly payment date under the Note, Grantor shall pay to GranteeBeneficiary, concurrently with and in addition to the monthly payment due under the Note and until the Note and all other indebtedness secured hereby is fully paid and performedNote, deposits in an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes and assessments that will next become due and payable on the Property, plus one-twelfth (1/12) of the amount of the annual premiums that will next become due and payable on insurance policies which Grantor is required to maintain hereunder, each as estimated and determined by GranteeBeneficiary in its reasonable judgment. So long as no Event of Default (as hereinafter defined), or event which with the passage of time, the giving of notice, or both, would constitute an Event of Default (a "Default") default hereunder or under the other Loan Documents has occurred and is continuing, all sums in the Impound Account shall be held by Grante Beneficiary in the Impound Account to pay said taxes, assessments and insurance premiums in one installment before the same become delinquent. Grantor shall be responsible for ensuring the receipt by GranteeBeneficiary, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxes, assessments and insurance premiums to be paid from the Impound Account, and so long as no Default or Event of Default default hereunder or under the other Loan Documents has occurred and is continuing, Grantee Beneficiary shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee Beneficiary shall be entitled to rely on any xxxx, statement or estimate procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such xxxx, statement or estimate and without any inquiry into the accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at Grantee's option and in Grantee's discretion, may either be held in a separate account or be commingled by Grantee with the general funds of Grantee. No interest on the funds contained in the Impound Account shall be paid by Grantee Beneficiary to Grantor. The Impound Account is solely for the protection of Grantee Grantor and entails no responsibility any interest or other earnings on Grantee's part beyond the payment of taxes, assessments and insurance premiums following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed by Grantee, any funds deposited in the Impound Account shall be turned over to solely for the assignee and any responsibility account of Grantee, as assignor, with respect thereto shall terminateBeneficiary. If th the total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee Beneficiary for the purposes of the Impound Account, such excess may be credited by Grantee Beneficiary on subsequent payments to be made hereunder or, at the option of GranteeBeneficiary, refunded to Grantor. If, however, the Impound Account shall not contain sufficient funds to pay the sums required when the same shall become due and payable, Grantor shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee Beneficiary the full amount of any such deficiency. If the Grantor shall fail to deposit with Grantee the full amount of such deficiency as provided above, Grantee shall have the option, but not the obligation, to make such deposit and all amounts so deposited by Grantee, together with interest thereon at the Default Interest Rate from the date incurred by Grantee until actually paid by Grantor, shall be immediately paid by Grantor on demand and shall be secured by this Security Deed and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under this Security Deed, Grantee may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby in whatever order Grantee shall subjectively determine. No such application of the Impound Account shall be deemed to cure any Default or Event of Default hereunder. Upon full payment of the indebtedness secured hereby in accordance with its terms or at such earlier time as Grantee may elect, the balance of the Impound Account then in Grantee's possession shall be paid over to Grantor and no other party shall have any right or claim thereto.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement (Grubb & Ellis Healthcare REIT II, Inc.)

Tax and Insurance Impound Account. Grantor Mortgagor shall establish and maintain at all times while this Security Deed Mortgage continues in effect an impound account (the "Impound Account") with Grantee Mortgagee for payment of real estate taxes and assessments and insurance on the Property and as additional security for the indebtedness secured herebyDebt. Simultaneously with the execution hereof, Grantor Mortgagor shall deposit in the Impound Account an amount reasonably determined by Grantee to be necessary to ensure that there will be on deposit with Grantee an amount which, when added to the monthly payments subsequently required to be deposited with Grantee hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee in the Impound Account an amount sufficient to pay the next due installment of real estate taxes and assessment on the Property at least one (1) month prior to the due date thereof and the next due annual insurance premiums with respect to the Property at least one (1) month prior to the due date thereofMortgagee. Commencing on the first monthly payment date Payment Date under the Note and continuing thereafter on each monthly payment date under the Notesubsequent Payment Date, Grantor Mortgagor shall pay to GranteeMortgagee, concurrently with and in addition to the monthly payment due under the Note and until the Note and all other indebtedness secured hereby Debt is fully paid and performed, deposits in an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes and assessments that will next become due and payable on the Property, plus one-one- twelfth (1/12) of the amount of the annual premiums that will next become due and payable on insurance policies which Grantor Mortgagor is required to maintain hereunder, each as reasonably estimated and determined by GranteeMortgagee. So long as no Event of Default (as hereinafter defined)is continuing, and no event has occurred or event failed to occur which with the passage of time, the giving of notice, or both, both would constitute an Event of Default (a "Default") hereunder or under the other Loan Documents has occurred and is continuing”), all sums in the Impound Account shall be held by Grante Mortgagee in the Impound Account to pay said taxes, assessments and insurance premiums before the same become delinquent. Grantor Mortgagor shall be responsible for ensuring the receipt by GranteeMortgagee, at least thirty (30) days prior to the respective due date for payment thereofthereof (or promptly after such xxxx, invoice or statement is received by Mortgagor), of all bills, invoices and statements for all taxes, assessments and insurance premiums to be paid from the Impound Account, and so long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuingcontinuing and not been waived, Grantee Mortgagee shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee shall be entitled to rely on any xxxx, statement or estimate procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such xxxx, statement or estimate and without any inquiry into the accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at Grantee's option and in Grantee's discretion, may either be held in a separate account or be commingled by Grantee with the general funds of Grantee. No interest on the funds contained in the Impound Account Account, if any, shall be paid by Grantee Mortgagee to Grantor. The Impound Account is solely for the protection of Grantee and entails no responsibility on Grantee's part beyond the payment of taxes, assessments and insurance premiums following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed by Grantee, any funds in the Impound Account shall be turned over to the assignee and any responsibility of Grantee, as assignor, with respect thereto shall terminate. If th total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee for the purposes of the Impound Account, such excess may be credited by Grantee on subsequent payments to be made hereunder or, at the option of Grantee, refunded to Grantor. If, however, the Impound Account shall not contain sufficient funds to pay the sums required when the same shall become due and payable, Grantor shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee the full amount of any such deficiency. If the Grantor shall fail to deposit with Grantee the full amount of such deficiency as provided above, Grantee shall have the option, but not the obligation, to make such deposit and all amounts so deposited by Grantee, together with interest thereon at the Default Interest Rate from the date incurred by Grantee until actually paid by Grantor, shall be immediately paid by Grantor on demand and shall be secured by this Security Deed and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under this Security Deed, Grantee may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby in whatever order Grantee shall subjectively determine. No such application of the Impound Account shall be deemed to cure any Default or Event of Default hereunder. Upon full payment of the indebtedness secured hereby in accordance with its terms or at such earlier time as Grantee may elect, the balance of the Impound Account then in Grantee's possession shall be paid over to Grantor and no other party shall have any right or claim theretoMortgagor.

Appears in 1 contract

Samples: Security Agreement and Fixture (Resource Real Estate Opportunity REIT, Inc.)

Tax and Insurance Impound Account. Grantor shall establish and maintain at all times while this Security Deed of Trust continues in effect an impound account (the "Impound Account") with Grantee Beneficiary for payment of real estate taxes and assessments and insurance on the Property and as additional security for the indebtedness secured hereby. Simultaneously with the execution hereof, Grantor shall deposit in the Impound Account an amount determined by Grantee Beneficiary to be necessary to ensure that there will be on deposit with Grantee Beneficiary an amount which, when added to the monthly payments subsequently required to be deposited with Grantee Beneficiary hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee Beneficiary in the Impound Account an amount sufficient to pay the next due periodic installment of real estate taxes and assessment on the Property at least one (1) month prior to the due delinquency date thereof and the next due annual periodic insurance premiums with respect to the Property at least one (1) month prior to the due date thereof. Commencing on the first monthly payment date under the Note and continuing thereafter on each monthly payment date under the Note, Grantor shall pay to GranteeBeneficiary, concurrently with and in addition to the monthly payment due under the Note and until the Note and all other indebtedness secured hereby is fully paid and performed, deposits in an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes and assessments that will next become due and payable on the Property, plus one-twelfth (1/12) of the amount of the annual premiums that will next become due and payable on insurance policies which Grantor is required to maintain hereunder, each as estimated and determined by GranteeBeneficiary. So long as no Event of Default (as hereinafter defined), or event which with the passage of time, the giving of notice, or both, would constitute an Event of Default (a "Default"defined in Section 2.1 hereunder) hereunder or under the other Loan Documents has occurred and is continuing, all sums in the Impound Account shall be held by Grante Beneficiary in the Impound Account to pay said taxes, assessments and insurance premiums in one installment before the same become delinquent. Grantor shall be responsible for ensuring the receipt by GranteeBeneficiary, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxes, assessments and insurance premiums to be paid from the Impound Account, and so long as no Default or event occurs, and no state of facts exists, which, with the giving of notice and/or the passage of time, would constitute an Event of Default hereunder (such event or under the other Loan Documents state of facts, a "Default") has occurred and is continuing, Grantee Beneficiary shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee Beneficiary shall be entitled to rely on any xxxx, statement or estimate procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such xxxx, statement or estimate and without any inquiry into the accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at GranteeBeneficiary's option and in GranteeBeneficiary's discretion, may either be held in a separate account or be commingled by Grantee Beneficiary with the general funds of GranteeBeneficiary. No interest on the funds contained in the Impound Account shall be paid by Grantee Beneficiary to Grantor. The Impound Account is solely for the protection of Grantee Beneficiary and entails no responsibility on GranteeBeneficiary's part beyond the payment of taxes, assessments and insurance premiums following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed of Trust by GranteeBeneficiary, any funds in the Impound Account shall be turned over to the assignee and any responsibility of GranteeBeneficiary, as assignor, with respect thereto shall terminate. If th the total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee Beneficiary for the purposes of the Impound Account, such excess may be credited by Grantee Beneficiary on subsequent payments to be made hereunder or, at the option of GranteeBeneficiary, refunded to Grantor. If, however, the Impound Account shall not contain sufficient funds to pay the sums required when the same shall become due and payable, Grantor shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee Beneficiary the full amount of any such deficiency. If the Grantor shall fail to deposit with Grantee Beneficiary the full amount of such deficiency as provided above, Grantee Beneficiary shall have the option, but not the obligation, to make such deposit and all amounts so deposited by GranteeBeneficiary, together with interest thereon at the Default Interest Rate from the date incurred by Grantee Beneficiary until actually paid by Grantor, shall be immediately paid by Grantor on demand and shall be secured by this Security Deed of Trust and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is Upon an Event of Default under this Security DeedDefault, Grantee Beneficiary may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby in whatever order Grantee Beneficiary shall subjectively determine. No such application of the Impound Account shall be deemed to cure any Default or of Event of Default hereunder, and any such application shall not limit Grantor's obligation to deposit any deficiency of which Beneficiary gives notice. Upon full payment of the indebtedness secured hereby in accordance with its terms or at such earlier time as Grantee Beneficiary may elect, the balance of the Impound Account then in GranteeBeneficiary's possession shall be paid over to Grantor and no other party shall have any right or claim thereto.. /

Appears in 1 contract

Samples: Deed of Trust and Security Agreement (Inland Diversified Real Estate Trust, Inc.)

Tax and Insurance Impound Account. Grantor Borrower shall establish and maintain at all times while this Security Deed continues in effect throughout the term of the Loan an impound account (the "Impound Account") with Grantee Lender for payment of real estate taxes and assessments and insurance on all the Property Properties and as additional security for the indebtedness secured herebyLoan. Simultaneously with Borrower shall, on the execution hereofClosing Date, Grantor shall make an initial deposit in the Impound Account an amount reasonably determined by Grantee Lender to be necessary to ensure that there will be on deposit with Grantee Lender an amount which, when added to the monthly payments subsequently required to be deposited with Grantee Lender hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee Lender in the Impound Account an amount sufficient to pay the next due installment of real estate taxes and assessment assessments on the Property Properties at least one (1) month prior to the due earlier of (a) the delinquent date thereof or (b) any such date by which the Borrower is required by law to pay same, and the next due annual insurance premiums with respect to the Property Properties at least one (1) month prior to the due date thereof. Commencing on the first monthly payment date under the Note and continuing thereafter on each monthly payment date under the Note, Grantor Borrower shall pay to GranteeLender, concurrently with and in addition to the monthly payment due under the Note and until the Note and all other indebtedness secured hereby Loan is fully paid and performed, deposits in an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes and assessments that will next become due and payable on the PropertyProperties, plus one-twelfth (1/12) of the amount of the annual premiums that will next become due and payable on insurance policies which Grantor Borrower is required to maintain hereunder, each as estimated and determined by GranteeLender. So long as no Event of Default (as hereinafter defined), or event which with the passage of time, the giving of notice, or both, would constitute an Event of Default (a "Default") hereunder or under the other Loan Documents has occurred and is continuingoccurred, all sums in the Impound Account shall be held by Grante Beneficiary in the Impound Account to pay said taxes, taxes and assessments and insurance premiums before the same become delinquent. Grantor Borrower shall be responsible for ensuring the receipt by GranteeLender, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxes, taxes and assessments and insurance premiums to be paid from the Impound Account, and so long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuingoccurred, Grantee Lender shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. Borrower agrees that it shall pay all said insurance premiums before the same become delinquent directly to the party entitled thereto. So long as no Event of Default has occurred, sums held in the Impound Account by Lender shall be disbursed by Lender to Borrower within ten (10) Business Days after Borrower's request to reimburse Borrower for the payment of said insurance premiums to the extent funds are available for such purpose in the Impound Account. Borrower shall with each reimbursement request (which shall not be more frequent than once in any thirty (30) day period) submit copies of receipts, statements or invoices evidencing payment of such insurance premiums acceptable to Lender. In the event Borrower fails to pay said insurance premiums before the same become delinquent, Lender shall have the right to make such payment to the party entitled thereto on Borrower's behalf with the sums held by Lender in the Impound Account. In making any payment from the Impound Account, Grantee Lender shall be entitled to rely on any xxxx, statement or estimate procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such xxxx, statement or estimate and without any inquiry into the accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at GranteeLender's option and in GranteeLender's discretion, may either be held in a separate account or be commingled by Grantee Lender with the general funds of Grantee. No interest on the funds contained in the Impound Account shall be paid by Grantee to Grantor. The Impound Account is solely for the protection of Grantee and entails no responsibility on Grantee's part beyond the payment of taxes, assessments and insurance premiums following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed by Grantee, any funds in the Impound Account shall be turned over to the assignee and any responsibility of Grantee, as assignor, with respect thereto shall terminate. If th total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee for the purposes of the Impound Account, such excess may be credited by Grantee on subsequent payments to be made hereunder or, at the option of Grantee, refunded to Grantor. If, however, the Impound Account shall not contain sufficient funds to pay the sums required when the same shall become due and payable, Grantor shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee the full amount of any such deficiency. If the Grantor shall fail to deposit with Grantee the full amount of such deficiency as provided above, Grantee shall have the option, but not the obligation, to make such deposit and all amounts so deposited by Grantee, together with interest thereon at the Default Interest Rate from the date incurred by Grantee until actually paid by Grantor, shall be immediately paid by Grantor on demand and shall be secured by this Security Deed and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under this Security Deed, Grantee may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby in whatever order Grantee shall subjectively determine. No such application of the Impound Account shall be deemed to cure any Default or Event of Default hereunder. Upon full payment of the indebtedness secured hereby in accordance with its terms or at such earlier time as Grantee may elect, the balance of the Impound Account then in Grantee's possession shall be paid over to Grantor and no other party shall have any right or claim theretoLender.

Appears in 1 contract

Samples: Loan Agreement (Catellus Development Corp)

Tax and Insurance Impound Account. Grantor Borrower shall establish and maintain at all times while this Security Deed continues in effect any Obligations remain unpaid and outstanding an impound account (the "Impound Account") with Grantee Agent for payment of real estate taxes and assessments and insurance premiums on the Property each Eligible Facility and as additional security for the indebtedness Obligations secured herebyby each Collateral Document. Simultaneously with the execution hereof, Grantor Borrower shall deposit in the Impound Account an amount determined by Grantee Agent to be necessary to ensure that there will be on deposit with Grantee an amount which, sufficient (when added to the monthly payments subsequently required to be deposited with Grantee hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee in the Impound Account an amount sufficient deposits described herein) to pay the next due installment of real estate taxes and assessment assessments on the Property each Eligible Facility at least one (1) month prior to the due date or the delinquency date thereof (as Agent shall determine) and the next due annual insurance premiums with respect to the Property each Eligible Facility at least one (1) month prior to the due date thereof. Commencing on the first monthly payment date under the Note Monthly Payment Date after August 1, 2011 (i.e., payable on September 1, 2011) and continuing thereafter on each monthly payment date under the NoteMonthly Date, Grantor Borrower shall pay to GranteeAgent, concurrently with and in addition to the monthly each payment due under the Note and until the Note and all other indebtedness secured hereby is fully paid and performedNote, deposits in an amount equal to one-twelfth (1/12) of the amount of the annual real estate property taxes and assessments (“Taxes") that will next become due and payable on each Eligible Facility (the Property“Monthly Tax Impound"), plus one-one twelfth (1/12) of the amount of the annual insurance premiums (“Insurance Premiums") that will next become due and payable on insurance policies which Grantor Borrower is required to maintain hereunderhereunder (the “Monthly Insurance Impound”), each as estimated and determined by GranteeAgent. The Monthly Tax Impound or Monthly Insurance Impound, and the payments of interest or principal or both, payable pursuant to the Loan Documents, shall be added together and shall be paid as an aggregate sum by Borrower to Agent. If Agent at any time determines that the Monthly Tax Impound or Monthly Insurance Impound is insufficient, Agent may in its discretion adjust the required monthly payments of such amounts, and Borrower shall be obligated to pay the increased amounts for the Monthly Tax Impound or Monthly Insurance Impound commencing with the next monthly payment date under the Note. So long as no Event of Default (as hereinafter defined), or event which with the passage of time, the giving of notice, or both, would constitute an Event of Default (a "Default") hereunder or under the other Loan Documents has occurred and is continuing, all sums in the Impound Account shall be held by Grante Agent in the Impound Account and used to pay said taxes, assessments Taxes and insurance premiums Insurance Premiums before the same become delinquent. Grantor Borrower shall be responsible for ensuring the receipt by GranteeAgent, at least thirty (30) days prior to the respective due date or the delinquency date for payment thereofthereof (as Agent shall determine), of all bills, invoices and statements for all taxes, assessments Taxes and insurance premiums Insurance Premiums to be paid from the Impound Account, and so long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuing, Grantee Agent shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee Agent shall be entitled to rely on any xxxx, statement or estimate procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such xxxx, statement or estimate and without any inquiry into the accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account Agent shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at Grantee's option and in Grantee's discretion, may either be held in a separate account or be commingled by Grantee with the general funds of Grantee. No pay no interest on the funds contained in the Impound Account shall be paid by Grantee to Grantor. The Impound Account is solely for the protection of Grantee Borrower and entails no responsibility any interest or other earnings on Grantee's part beyond the payment of taxes, assessments and insurance premiums following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed by Grantee, any funds deposited in the Impound Account shall be turned over to solely for the assignee and any responsibility account of Grantee, as assignor, with respect thereto shall terminateAgent. If th the total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee Agent for the purposes of the Impound Account, such excess may be credited by Grantee Agent on subsequent payments to be made hereunder or, at the option of GranteeAgent, refunded to GrantorBorrower. In allocating such excess, Agent may deal with the person shown on the records of Agent to be the owner of the Property. If, however, the Impound Account shall not contain sufficient funds to pay the sums required when the same shall become due and payable, Grantor Borrower shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee Agent the full amount of any such deficiency. If the Grantor shall fail to deposit with Grantee the full amount of such deficiency as provided above, Grantee shall have the option, but not the obligation, to make such deposit and all amounts so deposited by Grantee, together with interest thereon at the Default Interest Rate from the date incurred by Grantee until actually paid by Grantor, shall be immediately paid by Grantor on demand and shall be secured by this Security Deed and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under this Security Deed, Grantee may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby in whatever order Grantee shall subjectively determine. No such application of the The Impound Account shall not constitute a trust fund and may be deemed to cure any Default or Event of Default hereunder. Upon full payment of the indebtedness secured hereby in accordance commingled with its terms or at such earlier time as Grantee may elect, the balance of the Impound Account then in Grantee's possession shall be paid over to Grantor and no other party shall have any right or claim theretomonies held by Agent.

Appears in 1 contract

Samples: Second Amendment and Waiver (Cornerstone Healthcare Plus Reit, Inc.)

Tax and Insurance Impound Account. Grantor shall establish and maintain at all times while this Security Deed of Trust continues in effect an impound account (the "Impound Account") with Grantee Beneficiary for payment of real estate taxes and taxes, ad valorem taxes, personal property taxes, assessments and insurance on the Property and as additional security for the indebtedness secured hereby. Simultaneously with the execution hereof, Grantor shall deposit in the Impound Account an amount determined by Grantee Beneficiary to be necessary to ensure that there will be on deposit with Grantee an amount which, sufficient (when added to the monthly payments subsequently required deposits described herein) to be deposited with Grantee hereunder on account pay the next due annual installment of real estate taxes, assessments and insurance premiumsad valorem taxes, will result in there being on deposit with Grantee in the Impound Account an amount sufficient to pay the next due installment of real estate personal property taxes and assessment assessments on the Property at least one (1) month prior to the due delinquency date thereof (if paid in one installment) and the next due annual insurance premiums with respect to the Property at least one (1) month prior to the due date thereofthereof (if paid in one installment). Commencing on the first monthly payment date under the Note and continuing thereafter on each monthly payment date under the Note, Grantor shall pay to GranteeBeneficiary (by distribution from the Rent Account to the Impound Account in accordance with the Cash Management Agreement), concurrently with and in addition to the monthly payment due under the Note and until the Note and all other indebtedness secured hereby is fully paid and performedNote, deposits in an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes, ad valorem taxes, personal property taxes and assessments that will next become due and payable on the Property, plus one-twelfth (1/12) of the amount of the annual premiums that will next become due and payable on insurance policies which Grantor is required to maintain hereunder, each as reasonably estimated and determined by GranteeBeneficiary. So long as no Event of Default (as hereinafter defined), or event which with the passage of time, the giving of notice, or both, would constitute an Event of Default (a "Default") default hereunder or under the other Loan Documents has occurred and is continuing, all sums in the Impound Account shall be held by Grante Beneficiary in the Impound Account to pay said taxes, assessments and insurance premiums in one installment before the same become delinquent. Grantor shall be responsible for ensuring the receipt by GranteeBeneficiary, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxes, assessments and insurance premiums to be paid from the Impound Account, and so long as no Default or Event of Default default hereunder or under the other Loan Documents has occurred and is continuing, Grantee Beneficiary shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee Beneficiary shall be entitled to rely on any xxxxbill, statement or estimate procured from the appropriate public office offxxx or insurance company or agent without any inquiry into the accuracy of such xxxxbill, statement or estimate and without any inquiry into the accuracyaccuracx, validityxalidity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at Grantee's option and in Grantee's discretion, may either be held in a separate account or be commingled by Grantee with the general funds of Grantee. No interest on the funds contained in the Impound Account shall be paid by Grantee Beneficiary to Grantor. The Impound Account is solely for the protection of Grantee Grantor and entails no responsibility any interest or other earnings on Grantee's part beyond the payment of taxes, assessments and insurance premiums following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed by Grantee, any funds deposited in the Impound Account shall be turned over to solely for the assignee and any responsibility account of Grantee, as assignor, with respect thereto shall terminateBeneficiary. If th the total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee Beneficiary for the purposes of the Impound Account, such excess may be credited by Grantee Beneficiary on subsequent payments to be made hereunder or, at the option of GranteeBeneficiary, refunded to GrantorGrantor within ten (10) business days after payment thereof. If, however, the Impound Account shall not contain sufficient funds to pay the sums required when the same shall become due and payable, Grantor shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee Beneficiary the full amount of any such deficiency. If The Impound Account shall at all times be maintained consistent with and subject to the terms of the Cash Management Agreement. Grantor shall fail and Beneficiary agree to deposit with Grantee the full terms of this Section 1.6, notwithstanding Montana Code Annotated ("MCA") 71-1-113, and in the event the amount of such deficiency as provided above, Grantee shall have the option, but not the obligation, to make such funds held on deposit and all amounts so deposited by Grantee, together with interest thereon at the Default Interest Rate from the date incurred by Grantee until actually paid by Grantor, shall be immediately paid by Grantor on demand and shall be secured by this Security Deed and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under this Security Deed, Grantee may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against exceed any applicable state law limitation, Grantor specifically consents and agrees to the indebtedness secured hereby in whatever order Grantee shall subjectively determine. No amount of such application of impounds as provided for herein and acknowledges the Impound Account shall be deemed to cure any Default or Event of Default hereunder. Upon full payment of the indebtedness secured hereby in accordance with its terms or at such earlier time as Grantee may elect, the balance of the Impound Account then in Grantee's possession shall be paid over to Grantor amounts on deposit are reasonable and no other party shall have any right or claim theretoaccepted by Grantor.

Appears in 1 contract

Samples: Trust and Security Agreement (Westcoast Hospitality Corp)

Tax and Insurance Impound Account. Grantor shall establish and maintain at all times while this Security Deed of Trust continues in effect an impound account (the "Impound Account") with Grantee Beneficiary for payment of real estate taxes and taxes, ad valorem taxes, personal property taxes, assessments and insurance on the Property and as additional security for the indebtedness secured hereby. Simultaneously with the execution hereof, Grantor shall deposit in the Impound Account an amount determined by Grantee Beneficiary to be necessary to ensure that there will be on deposit with Grantee an amount which, sufficient (when added to the monthly payments subsequently required deposits described herein) to be deposited with Grantee hereunder on account pay the next due annual installment of real estate taxes, assessments and insurance premiumsad valorem taxes, will result in there being on deposit with Grantee in the Impound Account an amount sufficient to pay the next due installment of real estate personal property taxes and assessment assessments on the Property at least one (1) month prior to the due delinquency date thereof (if paid in one installment) and the next due annual insurance premiums with respect to the Property at least one (1) month prior to the due date thereofthereof (if paid in one installment). Commencing on the first monthly payment date under the Note and continuing thereafter on each monthly payment date under the Note, Grantor shall pay to GranteeBeneficiary (by distribution from the Rent Account to the Impound Account in accordance with the Cash Management Agreement), concurrently with and in addition to the monthly payment due under the Note and until the Note and all other indebtedness secured hereby is fully paid and performedNote, deposits in an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes, ad valorem taxes, personal property taxes and assessments that will next become due and payable on the Property, plus one-twelfth (1/12) of the amount of the annual premiums that will next become due and payable on insurance policies which Grantor is required to maintain hereunder, each as reasonably estimated and determined by GranteeBeneficiary. So long as no Event of Default (as hereinafter defined), or event which with the passage of time, the giving of notice, or both, would constitute an Event of Default (a "Default") default hereunder or under the other Loan Documents has occurred and is continuing, all sums in the Impound Account shall be held by Grante Beneficiary in the Impound Account to pay said taxes, assessments and insurance premiums in one installment before the same become delinquent. Grantor shall be responsible for ensuring the receipt by GranteeBeneficiary, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxes, assessments and insurance premiums to be paid from the Impound Account, and so long as no Default or Event of Default default hereunder or under the other Loan Documents has occurred and is continuing, Grantee Beneficiary shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee Beneficiary shall be entitled to rely on any xxxxbill, statement or estimate procured from the appropriate public office offxxx or insurance company or agent without any inquiry into the accuracy of such xxxxbill, statement or estimate and without any inquiry into the accuracyaccuracx, validityxalidity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at Grantee's option and in Grantee's discretion, may either be held in a separate account or be commingled by Grantee with the general funds of Grantee. No interest on the funds contained in the Impound Account shall be paid by Grantee Beneficiary to Grantor. The Impound Account is solely for the protection of Grantee Grantor and entails no responsibility any interest or other earnings on Grantee's part beyond the payment of taxes, assessments and insurance premiums following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed by Grantee, any funds deposited in the Impound Account shall be turned over to solely for the assignee and any responsibility account of Grantee, as assignor, with respect thereto shall terminateBeneficiary. If th the total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee Beneficiary for the purposes of the Impound Account, such excess may be credited by Grantee Beneficiary on subsequent payments to be made hereunder or, at the option of GranteeBeneficiary, refunded to GrantorGrantor within ten (10) business days after payment thereof. If, however, the Impound Account shall not contain sufficient funds to pay the sums required when the same shall become due and payable, Grantor shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee Beneficiary the full amount of any such deficiency. If the Grantor shall fail to deposit with Grantee the full amount of such deficiency as provided above, Grantee shall have the option, but not the obligation, to make such deposit and all amounts so deposited by Grantee, together with interest thereon at the Default Interest Rate from the date incurred by Grantee until actually paid by Grantor, shall be immediately paid by Grantor on demand and shall be secured by this Security Deed and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under this Security Deed, Grantee may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby in whatever order Grantee shall subjectively determine. No such application of the The Impound Account shall at all times be deemed maintained consistent with and subject to cure any Default or Event of Default hereunder. Upon full payment the terms of the indebtedness secured hereby in accordance with its terms or at such earlier time as Grantee may elect, the balance of the Impound Account then in Grantee's possession shall be paid over to Grantor and no other party shall have any right or claim theretoCash Management Agreement.

Appears in 1 contract

Samples: Westcoast Hospitality Corp

Tax and Insurance Impound Account. Grantor Borrower shall establish and maintain in effect with Lender at all times while this Security Deed continues in effect the Loan is outstanding an impound account (the "Impound Account") with Grantee for payment of real estate taxes Taxes and assessments Other Charges and insurance for the premiums on the insurance required to be maintained with respect to Borrower and the Property (“Insurance Premiums”) and as additional security for the indebtedness secured herebyDebt. Simultaneously In addition to the initial deposit to the Impound Account required simultaneously with the execution hereof, Grantor shall deposit in the Impound Account an amount determined by Grantee to be necessary to ensure that there will be on deposit with Grantee an amount which, when added to the monthly payments subsequently required to be deposited with Grantee hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee in the Impound Account an amount sufficient to pay the next due installment of real estate taxes and assessment on the Property at least one (1) month prior to the due date thereof and the next due annual insurance premiums with respect to the Property at least one (1) month prior to the due date thereof. Commencing commencing on the first monthly payment date under the Note Payment Date and continuing thereafter on each monthly payment date under the Note, Grantor shall pay to Grantee, concurrently with and in addition to the monthly payment due under the Note and Payment Date until the Note and all other indebtedness secured hereby is Debt are fully paid and performed, deposits in Borrower shall pay to Lender, for deposit to the Impound Account, an amount equal to one-twelfth (1/121/12th) of the amount of the annual real estate taxes Taxes and assessments Other Charges that will next become due and payable on the Property, plus one-twelfth (1/121/12th) of the amount of the annual premiums Insurance Premiums that will next become due and payable on insurance policies which Grantor is required to maintain hereunderpayable, each as estimated and determined by GranteeLender. So long as no Event of Default (as hereinafter defined), or event which with the passage of time, the giving of notice, or both, would constitute an Event of Default (a "Default") hereunder or under the other Loan Documents has occurred and is continuing, all sums in the Impound Account shall be held by Grante Lender in the Impound Account to pay said taxesTaxes and Other Charges, assessments in periodic installments, and insurance premiums Insurance Premiums in one annual installment, in each case, before the same become delinquent. Grantor Borrower shall be responsible for ensuring the receipt by GranteeLender, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxesTaxes and Other Charges, assessments and insurance premiums to be paid from the Impound Accountall Insurance Premiums, and so long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuing, Grantee Lender shall pay the governmental authority Governmental Authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee Lender shall be entitled to rely on any xxxx, statement or estimate procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such xxxx, statement or estimate and without any inquiry into the accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at Grantee's Lender’s option and in Grantee's Lender’s discretion, may either be held in a separate account or be commingled by Grantee Lender with the general funds of GranteeLender. No interest on the funds contained in the Impound Account shall be paid by Grantee Lender to GrantorBorrower. The Impound Account is solely for the protection of Grantee Lender and entails no responsibility on Grantee's Lender’s part beyond the payment of taxesTaxes and Other Charges, assessments and insurance premiums of Insurance Premiums, following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed Agreement by GranteeLender, any funds in the Impound Account shall be turned over to the assignee and any responsibility of GranteeLender, as assignor, with respect thereto shall terminate. If th the total funds in the Impound Account shall exceed are reasonably determined by Lender to be in excess of the amount of payments actually applied required by Grantee Lender for the purposes of the Impound Account, such excess may be credited by Grantee Lender on subsequent payments to be made hereunder or, at if such excess is greater than the option amounts due from Borrower to Lender in the month following such determination (and if no Default or Event of GranteeDefault is then continuing), refunded to GrantorBorrower. IfIf at any time Lender determines that, howeverwith the making of all monthly deposits to the Impound Account when due, the Impound Account shall nonetheless would not contain sufficient funds to pay the sums required when next due periodic installments of all Taxes and Other Charges at least 30 days prior to the same shall become delinquency date thereof, or to pay the next due and payableannual Insurance Premiums at least 30 days prior to the due date thereof, Grantor Borrower shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee Lender the full amount of any such deficiency. If the Grantor Borrower shall fail to deposit with Grantee Lender the full amount of such deficiency as provided above, Grantee Lender shall have the option, but not the obligation, to make such deposit and all amounts so deposited by GranteeLender, together with interest thereon at the Default Interest Rate from the date incurred by Grantee Lender until actually paid by GrantorBorrower, shall be immediately paid by Grantor Borrower on demand and shall be secured by this Security Deed and by all demand. At any time during the continuance of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under this Security DeedDefault, Grantee Lender may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby Debt in whatever order Grantee Lender shall subjectively determine. No such application of the Impound Account shall be deemed to cure any Default or Event of Default hereunder, and any such application shall not limit Borrower’s obligation to deposit any deficiency of which Lender gives notice. Upon full payment of the indebtedness secured hereby Debt in accordance with its terms or at such earlier time as Grantee Lender may elect, the balance of the Impound Account then in Grantee's Lender’s possession shall be paid over to Grantor Borrower and no other party shall have any right or claim thereto.

Appears in 1 contract

Samples: Loan Agreement (City Office REIT, Inc.)

Tax and Insurance Impound Account. Grantor If Mortgagor shall fail to pay any tax, assessment or insurance premium pursuant to Section 1.4 or Section 1.5 hereof, or to provide Mortgagee with any xxxx, invoice, statement, receipt or other documentation required by Section 1.4 or Section 1.5, within five (5) days after notice from Mortgagee (the "Initial Impound Costs Date"), then Mortgagor shall thereafter establish and maintain at all times while this Security Deed Mortgage continues in effect an impound account (the "Impound Account") with Grantee Mortgagee for payment of real estate taxes and assessments and insurance premiums on the Mortgaged Property and as additional security for the indebtedness secured herebyDebt. Simultaneously with On the execution hereofInitial Impound Costs Date, Grantor Mortgagor shall deposit in the Impound Account an amount determined by Grantee Mortgagee to be necessary to ensure that there will be on deposit with Grantee Mortgagee an amount which, when added to the monthly payments subsequently required to be deposited with Grantee Mortgagee hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee Mortgagee in the Impound Account an amount sufficient to pay the next due installment of real estate taxes and assessment assessments on the Mortgaged Property at least one (1) month prior to the earlier of (a) the due date thereof or (b) any such date by which Mortgagor or Mortgagee is required by law to pay same and the next due annual insurance premiums with respect to the Mortgaged Property at least one (1) month prior to the due date thereof. Commencing on the first monthly payment date under the Note after the Initial Impound Costs Date and continuing thereafter on each monthly payment date under the Note, Grantor Mortgagor shall pay to GranteeMortgagee, concurrently with and in addition to the monthly payment due under the Note and until the Note and all other indebtedness secured hereby Debt is fully paid and performed, deposits in an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes and assessments that will next become due and payable on the Mortgaged Property, plus one-twelfth (1/12) of the amount of the annual premiums that will next become due and payable on insurance policies which Grantor Mortgagor is required to maintain hereunder, each as estimated and determined by GranteeMortgagee. So long as no Event of Default (as hereinafter defined)has occurred, and no event has occurred or event failed to occur which with the passage of time, the giving of notice, or both, both would constitute an Event of Default (a "Default") hereunder or under the other Loan Documents has occurred and is continuing), all sums in the Impound Account shall be held by Grante Mortgagee in the Impound Account to pay said taxes, assessments and insurance premiums before the same become delinquent. Grantor Mortgagor shall be responsible for ensuring the receipt by GranteeMortgagee, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxes, assessments and insurance premiums to be paid from the Impound Account, and so long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuingoccurred, Grantee Mortgagee shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee Mortgagee shall be entitled to rely on any xxxx, statement or estimate procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such xxxx, statement or estimate and without any inquiry into the accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at Grantee's option and in Grantee's discretion, may either be held in a separate account or be commingled by Grantee with the general funds of Grantee. No interest on the funds contained in the Impound Account Account, if any, shall be paid by Grantee Mortgagee to Grantor. The Impound Account is solely for the protection of Grantee and entails no responsibility on Grantee's part beyond the payment of taxes, assessments and insurance premiums following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed by Grantee, any funds in the Impound Account shall be turned over to the assignee and any responsibility of Grantee, as assignor, with respect thereto shall terminate. If th total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee for the purposes of the Impound Account, such excess may be credited by Grantee on subsequent payments to be made hereunder or, at the option of Grantee, refunded to Grantor. If, however, the Impound Account shall not contain sufficient funds to pay the sums required when the same shall become due and payable, Grantor shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee the full amount of any such deficiency. If the Grantor shall fail to deposit with Grantee the full amount of such deficiency as provided above, Grantee shall have the option, but not the obligation, to make such deposit and all amounts so deposited by Grantee, together with interest thereon at the Default Interest Rate from the date incurred by Grantee until actually paid by Grantor, shall be immediately paid by Grantor on demand and shall be secured by this Security Deed and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under this Security Deed, Grantee may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby in whatever order Grantee shall subjectively determine. No such application of the Impound Account shall be deemed to cure any Default or Event of Default hereunder. Upon full payment of the indebtedness secured hereby in accordance with its terms or at such earlier time as Grantee may elect, the balance of the Impound Account then in Grantee's possession shall be paid over to Grantor and no other party shall have any right or claim theretoMortgagor.

Appears in 1 contract

Samples: Mortgage and Security Agreement (One Price Clothing Stores Inc)

Tax and Insurance Impound Account. Grantor Borrower shall establish and maintain at all times while this Security Deed continues in effect an impound account (the "Impound Account") with Grantee Lender for payment of real estate taxes and assessments and insurance on the Property and as additional security for the indebtedness secured hereby. Simultaneously with the execution hereof, Grantor Borrower shall deposit in the Impound Account an amount determined by Grantee Lender to be necessary to ensure that there will be on deposit with Grantee an amount which, sufficient (when added to the monthly payments subsequently required to be deposited with Grantee hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee in the Impound Account an amount sufficient deposits described herein) to pay the next due annual installment of real estate taxes and assessment assessments on the Property at least one (1) month prior to the due delinquency date thereof and the next due annual insurance premiums with respect to the Property at least one (1) month prior to the due date thereof. Commencing on the first monthly payment date under the Note Notes and continuing thereafter on each monthly payment date under the NoteNotes, Grantor Borrower shall pay to GranteeLender, concurrently with and in addition to the monthly payment due under the Note and until the Note and all other indebtedness secured hereby is fully paid and performedNotes, deposits in an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes and assessments that will next become due and payable on the Property, plus one-twelfth (1/12) of the amount of the annual premiums that will next become due and payable on insurance policies which Grantor Borrower is required to maintain hereunder, each as estimated and determined by GranteeLender. So long as no Event of Default (as hereinafter defined), or event which with the passage of time, the giving of notice, or both, would constitute an Event of Default (a "Default") hereunder or under the other Loan Documents has occurred and is continuing, all All sums in the Impound Account shall be held by Grante Lender in the Impound Account to pay said taxes, assessments and insurance premiums in one installment before the same become delinquent. Grantor Borrower shall be responsible for ensuring the receipt by GranteeLender, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxes, assessments and insurance premiums to be paid from the Impound Account, and so long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuing, Grantee Lender shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee Lender shall be entitled to rely on any xxxx, statement or estimate procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such xxxx, statement or estimate and without any inquiry into the accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at Grantee's option and in Grantee's discretion, may either be held in a separate account or be commingled by Grantee with the general funds of Grantee. No interest on the funds contained in the Impound Account shall be paid by Grantee Lender to Grantor. The Impound Account is solely for the protection of Grantee Borrower and entails no responsibility any interest or other earnings on Grantee's part beyond the payment of taxes, assessments and insurance premiums following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed by Grantee, any funds deposited in the Impound Account shall be turned over to solely for the assignee and any responsibility account of Grantee, as assignor, with respect thereto shall terminateLender. If th the total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee Lender for the purposes of the Impound Account, such excess may be credited by Grantee Lender on subsequent payments to be made hereunder or, at the option of GranteeLender, refunded to GrantorBorrower. If, however, the Impound Account shall not contain sufficient funds to pay the sums required when the same shall become due and payable, Grantor Borrower shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee Lender the full amount of any such deficiency. If Notwithstanding anything to the Grantor shall fail to deposit with Grantee the full amount of such deficiency as provided above, Grantee shall have the option, but not the obligation, to make such deposit and all amounts so deposited by Grantee, together with interest thereon at the Default Interest Rate from the date incurred by Grantee until actually paid by Grantor, shall be immediately paid by Grantor on demand and shall be secured by this Security Deed and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under contrary contained in this Security Deed, Grantee mayincluding, but shall not be obligated towithout limitation, apply the provisions of this Section 1.6 hereof, at any time the balance then remaining in the Impound Account against the indebtedness secured hereby in whatever order Grantee shall subjectively determine. No such application of Borrower's option, its obligation to make monthly deposits into the Impound Account shall not include any amounts attributable to the premiums for insurance coverage required to be deemed carried on the Property pursuant to cure any Default or Event the terms of Default hereunder. Upon full payment of the indebtedness secured hereby in accordance with its terms or at such earlier time as Grantee may electthis Security Deed, the balance of the Impound Account then in Grantee's possession shall be paid over to Grantor and no other party shall have any right or claim thereto.so long as:

Appears in 1 contract

Samples: Secure Debt and Security Agreement (Sun Communities Inc)

Tax and Insurance Impound Account. Grantor Borrower has established and shall establish and maintain at all times while this Security Deed continues in effect throughout the term of the Loan an impound account (the "Impound Account") with Grantee Existing Lender for the benefit of Lenders for payment of real estate taxes and assessments and insurance on all the Property Properties and as additional security for the indebtedness secured herebyLoan. Simultaneously with the execution hereofBorrower shall, Grantor shall deposit at all times maintain deposits in the Impound Account an amount reasonably determined by Grantee Lenders to be necessary to ensure that there will be on deposit with Grantee Existing Lender for the benefit of Lenders an amount which, when added to the monthly payments subsequently required to be deposited with Grantee Lenders hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee Existing Lender for the benefit of Lenders in the Impound Account an amount sufficient to pay the next due installment of real estate taxes and assessment assessments on the Property Properties at least one (1) month prior to the due earlier of (a) the delinquent date thereof or (b) any such date by which the Borrower is required by law to pay same, and the next due annual insurance premiums with respect to the Property Properties at least one (1) month prior to the due date thereof. Commencing on the first monthly payment date under the Note and continuing thereafter on On each monthly payment date under the Note, Grantor Borrower shall pay to GranteeExisting Lender for the benefit of Lenders, concurrently with and in addition to the monthly payment due under the Note and until the Note and all other indebtedness secured hereby Loan is fully paid and performed, deposits in an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes and assessments that will next become due and payable on the PropertyProperties, plus one-twelfth (1/12) of the amount of the annual premiums that will next become due and payable on insurance policies which Grantor Borrower is required to maintain hereunder, each as estimated and determined by GranteeLender. So long as no Event of Default (as hereinafter defined), or event which with the passage of time, the giving of notice, or both, would constitute an Event of Default (a "Default") hereunder or under the other Loan Documents has occurred and is continuingoccurred, all sums in the Impound Account shall be held by Grante Existing Lender for the benefit of Lenders in the Impound Account to pay said taxes, taxes and assessments and insurance premiums before the same become delinquent. Grantor Borrower shall be responsible for ensuring the receipt by GranteeExisting Lender for the benefit of Lenders, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxes, taxes and assessments and insurance premiums to be paid from the Impound Account, and so long as no Default or Event of Default hereunder or under has occurred, Existing Lender for the other Loan Documents has occurred and is continuing, Grantee benefit of Lenders shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. Borrower agrees that it shall pay all said insurance premiums before the same become delinquent directly to the party entitled thereto. So long as no Event of Default has occurred, sums held in the Impound Account by Existing Lender for the benefit of the Lenders shall be disbursed by Existing Lender to Borrower within ten (10) Business Days after Borrower’s request to reimburse Borrower for the payment of said insurance premiums to the extent funds are available for such purpose in the Impound Account. Borrower shall with each reimbursement request (which shall not be more frequent than once in any thirty (30) day period) submit copies of receipts, statements or invoices evidencing payment of such insurance premiums acceptable to Lenders. In the event Borrower fails to pay said insurance premiums before the same become delinquent, Lenders shall have the right to make such payment to the party entitled thereto on Borrower’s behalf with the sums held by Existing Lender for the benefit of the Lenders in the Impound Account. In making any payment from the Impound Account, Grantee Lenders shall be entitled to rely on any xxxx, statement or estimate procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such xxxx, statement or estimate and without any inquiry into the accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at Grantee's Lenders’ option and in Grantee's Lenders’ discretion, may either be held in a separate account or be commingled by Grantee Existing Lender with the general funds of Grantee. No interest on the funds contained in the Impound Account shall be paid by Grantee to Grantor. The Impound Account is solely for the protection of Grantee and entails no responsibility on Grantee's part beyond the payment of taxes, assessments and insurance premiums following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed by Grantee, any funds in the Impound Account shall be turned over to the assignee and any responsibility of Grantee, as assignor, with respect thereto shall terminate. If th total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee for the purposes of the Impound Account, such excess may be credited by Grantee on subsequent payments to be made hereunder or, at the option of Grantee, refunded to Grantor. If, however, the Impound Account shall not contain sufficient funds to pay the sums required when the same shall become due and payable, Grantor shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee the full amount of any such deficiency. If the Grantor shall fail to deposit with Grantee the full amount of such deficiency as provided above, Grantee shall have the option, but not the obligation, to make such deposit and all amounts so deposited by Grantee, together with interest thereon at the Default Interest Rate from the date incurred by Grantee until actually paid by Grantor, shall be immediately paid by Grantor on demand and shall be secured by this Security Deed and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under this Security Deed, Grantee may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby in whatever order Grantee shall subjectively determine. No such application of the Impound Account shall be deemed to cure any Default or Event of Default hereunder. Upon full payment of the indebtedness secured hereby in accordance with its terms or at such earlier time as Grantee may elect, the balance of the Impound Account then in Grantee's possession shall be paid over to Grantor and no other party shall have any right or claim theretoExisting Lender.

Appears in 1 contract

Samples: Loan Agreement (Catellus Development Corp)

Tax and Insurance Impound Account. Grantor Mortgagor shall establish and maintain at all times while this Security Deed Mortgage continues in effect an impound account (the "Impound Account") with Grantee Mortgagee for payment of real estate taxes and assessments and insurance on the Property and as additional security for the indebtedness secured hereby. Simultaneously with the execution hereof, Grantor Mortgagor shall deposit in the Impound Account an amount determined by Grantee Mortgagee to be necessary to ensure that there will be on deposit with Grantee Mortgagee an amount which, when added to the monthly payments subsequently required to be deposited with Grantee Mortgagee hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee Mortgagee in the Impound Account an amount sufficient to pay the next due installment of real estate taxes and assessment on the Property at least one (1) month prior to the due date thereof and the next due annual insurance premiums with respect to the Property at least one (1) month prior to the due date thereof. Commencing on the first monthly payment date under the Note and continuing thereafter on each monthly payment date under the Note, Grantor Mortgagor shall pay to GranteeMortgagee, concurrently with and in addition to the monthly payment due under the Note and until the Note and all other indebtedness secured hereby is fully paid and performed, deposits in an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes and assessments that will next become due and payable on the Property, plus one-twelfth (1/12) of the amount of the annual premiums that will next become due and payable on insurance policies which Grantor Mortgagor is required to maintain hereunder, each as estimated and determined by GranteeMortgagee. So long as no Event of Default (as hereinafter defined), or event which with the passage of time, the giving of notice, or both, would constitute an Event of Default (a "Default") hereunder or under the other Loan Documents has occurred and is continuing, all sums in the Impound Account shall be e held by Grante Mortgagee in the Impound Account to pay said taxes, assessments and insurance premiums before the same become delinquent. Grantor Mortgagor shall be responsible for ensuring the receipt by GranteeMortgagee, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxes, assessments and insurance premiums to be paid from the Impound Account, and so long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuing, Grantee Mortgagee shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee Mortgagee shall be entitled to rely on any xxxx, statement or estimate procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such xxxx, statement or estimate and without any inquiry into the accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at GranteeMortgagee's option and in GranteeMortgagee's discretion, may either be held in a separate account or be commingled by Grantee Mortgagee with the general funds of GranteeMortgagee. No interest on the funds contained in the Impound Account shall be paid by Grantee Mortgagee to GrantorMortgagor. The Impound Account is solely for the protection of Grantee Mortgagee and entails no responsibility on GranteeMortgagee's part beyond the payment of taxes, assessments and insurance premiums following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed Mortgage by GranteeMortgagee, any funds in the Impound Account shall be turned over to the assignee and any responsibility of GranteeMortgagee, as assignor, with wih respect thereto shall terminate. If th the total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee Mortgagee for the purposes of the Impound Account, such excess may be credited by Grantee Mortgagee on subsequent payments to be made hereunder or, at the option of GranteeMortgagee, refunded to GrantorMortgagor. If, however, the Impound Account shall not contain sufficient funds to pay the sums required when the same shall become due and payable, Grantor Mortgagor shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee Mortgagee the full amount of any such deficiency. If the Grantor Mortgagor shall fail to deposit with Grantee Mortgagee the full amount of such deficiency as provided above, Grantee Mortgagee shall have the option, but not the obligation, to make such deposit and all amounts so deposited by GranteeMortgagee, together with interest thereon at the Default Interest Rate from the date incurred by Grantee Mortgagee until actually paid by GrantorMortgagor, shall be immediately paid by Grantor Mortgagor on demand and shall be secured by this Security Deed Mortgage and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under this Security DeedMortgage, Grantee Mortgagee may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby in whatever order Grantee Mortgagee shall subjectively determine. No such application of the Impound Account shall be deemed to cure any Default or Event of Default hereunder. Upon full payment of the indebtedness secured hereby in accordance with its terms or at such earlier time as Grantee Mortgagee may elect, the balance of the Impound Account then in GranteeMortgagee's possession shall be paid over to Grantor Mortgagor and no other party shall have any right or claim thereto.

Appears in 1 contract

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

Tax and Insurance Impound Account. Grantor Following a request by Lender, Borrower shall establish and maintain at all times while this Security Deed Mortgage continues in effect an impound account (the "Impound Account") with Grantee Lender for payment of real estate taxes and assessments and insurance on the Property and as additional security for the indebtedness secured hereby. Simultaneously with the execution hereof, Grantor Borrower shall deposit in the Impound Account an amount determined by Grantee Lender to be necessary to ensure that there will be on deposit with Grantee an amount which, sufficient (when added to the monthly payments subsequently required to be deposited with Grantee hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee in the Impound Account an amount sufficient deposits described herein) to pay the next due annual installment of real estate taxes and assessment assessments on the Property at least one (1) month prior to the due delinquency date thereof (if paid in one installment) and the next due annual insurance premiums with respect to the Property at least one (1) month prior to the due date thereofthereof (if paid in one installment). Commencing on the first monthly payment date under Payment Date (as defined in the Note Note) and continuing thereafter on each monthly payment date under the NotePayment Date, Grantor Borrower shall pay to GranteeLender, concurrently with and in addition to the monthly payment due under the Note and until the Note and all other indebtedness secured hereby is fully paid and performedNote, deposits in an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes and assessments that will next become due and payable on the Property, plus one-twelfth (1/12) of the amount of the annual premiums that will next become due and payable on insurance policies which Grantor Borrower is required to maintain hereunder, each as estimated and determined by GranteeLender. So long as no Event of Default (as hereinafter defined)) has occurred and is continuing and no circumstance exists, or event which with the passage of time, the giving of notice, or passage of time, or both, would constitute an Event of Default (a "Default") hereunder or under the other Loan Documents has occurred and is continuing, all sums in the Impound Account shall be held by Grante Lender in the Impound Account to pay said taxes, assessments and insurance premiums in one installment before the same become delinquent. Grantor Borrower shall be responsible for ensuring the receipt by GranteeLender, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxes, assessments and insurance premiums to be paid from the Impound Account, and so long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuingcontinuing and no circumstance exists, Grantee which with the giving of notice, or passage of time, or both, would constitute an Event of Default, Lender shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee Lender shall be entitled to rely on any xxxx, statement or estimate procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such xxxx, statement or estimate and without any inquiry into the accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at Grantee's option and in Grantee's discretion, may either be held in a separate account or be commingled by Grantee with the general funds of Grantee. No interest on the funds contained in the Impound Account shall be paid by Grantee Lender to Grantor. The Impound Account is solely for the protection of Grantee Borrower and entails no responsibility any interest or other earnings on Grantee's part beyond the payment of taxes, assessments and insurance premiums following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed by Grantee, any funds deposited in the Impound Account shall be turned over to solely for the assignee and any responsibility account of Grantee, as assignor, with respect thereto shall terminateLender. If th the total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee Lender for the purposes of the Impound Account, such excess may be credited by Grantee Lender on subsequent payments to be made hereunder or, at the option of GranteeLender, refunded to GrantorBorrower. If, however, the Impound Account shall not contain sufficient funds to pay the sums required when the same shall become due and payable, Grantor Borrower shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee Lender the full amount of any such deficiency. If the Grantor shall fail to deposit with Grantee the full amount of such deficiency as provided above, Grantee shall have the option, but not the obligation, to make such deposit and all amounts so deposited by Grantee, together with interest thereon at the Default Interest Rate from the date incurred by Grantee until actually paid by Grantor, shall be immediately paid by Grantor on demand and shall be secured by this Security Deed and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under this Security Deed, Grantee may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby in whatever order Grantee shall subjectively determine. No such application of the Impound Account shall be deemed to cure any Default or Event of Default hereunder. Upon full payment of the indebtedness secured hereby in accordance with its terms or at such earlier time as Grantee may elect, the balance of the Impound Account then in Grantee's possession shall be paid over to Grantor and no other party shall have any right or claim thereto.

Appears in 1 contract

Samples: Craftmade International Inc

Tax and Insurance Impound Account. (a) Grantor shall establish and maintain at all times while this Security Deed of Trust continues in effect an impound account (the "Impound Account") with Grantee Beneficiary for payment of real estate taxes and assessments and insurance on the Trust Property and as additional security for the indebtedness secured herebyDebt. Simultaneously with the execution hereof, Grantor shall deposit in the Impound Account an amount determined by Grantee Beneficiary to be necessary to ensure that there will be on deposit with Grantee Beneficiary an amount which, when added to the monthly payments subsequently required to be deposited with Grantee Beneficiary hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee Beneficiary in the Impound Account an amount sufficient to pay the next due installment of real estate taxes and assessment assessments on the Trust Property at least one (1) month prior to the earlier of (a) the due date thereof or (b) any such date by which Grantor or Beneficiary is required by law to pay same and the next due annual insurance premiums with respect to the Trust Property at least one (1) month prior to the due date thereof. Commencing on the first monthly payment date under the Note and continuing thereafter on each monthly payment date under the Note, Grantor shall pay to GranteeBeneficiary, concurrently with and in addition to the monthly payment due under the Note and until the Note and all other indebtedness secured hereby Debt is fully paid and performed, deposits in an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes and assessments that will next become due and payable on the Trust Property, plus one-twelfth (1/12) of the amount of the annual premiums that will next become due and payable on insurance policies which Grantor is required to maintain hereunder, each as estimated and determined by GranteeBeneficiary. So long as no Event of Default (as hereinafter defined)has occurred, and no event has occurred or event failed to occur which with the passage of time, the giving of notice, or both, both would constitute an Event of Default (a "Default") hereunder or under the other Loan Documents has occurred and is continuing), all sums in the Impound Account shall be held by Grante Beneficiary in the Impound Account to pay said taxes, assessments and insurance premiums before the same become delinquent. Grantor shall be responsible for ensuring the receipt by GranteeBeneficiary, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxes, assessments and insurance premiums to be paid from the Impound Account, and so long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuingoccurred, Grantee Beneficiary shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee Beneficiary shall be entitled to rely on any xxxxbill, statement or estimate procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such xxxxbill, statement or estimate and without any inquiry into the accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at Grantee's option and in Grantee's discretion, may either be held in a separate account or be commingled by Grantee with the general funds of Grantee. No interest on the funds contained in the Impound Account shall be paid by Grantee to Grantor. The Impound Account is solely for the protection of Grantee and entails no responsibility on Grantee's part beyond the payment of taxes, assessments and insurance premiums following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed by Grantee, any funds in the Impound Account shall be turned over to the assignee and any responsibility of Grantee, as assignor, with respect thereto shall terminate. If th total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee for the purposes of the Impound Account, such excess may be credited by Grantee on subsequent payments to be made hereunder or, at the option of Grantee, refunded to Grantor. If, however, the Impound Account shall not contain sufficient funds to pay the sums required when the same shall become due and payable, Grantor shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee the full amount of any such deficiency. If the Grantor shall fail to deposit with Grantee the full amount of such deficiency as provided above, Grantee shall have the option, but not the obligation, to make such deposit and all amounts so deposited by Grantee, together with interest thereon at the Default Interest Rate from the date incurred by Grantee until actually paid by Grantor, shall be immediately paid by Grantor on demand and shall be secured by this Security Deed and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under this Security Deed, Grantee may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby in whatever order Grantee shall subjectively determine. No such application of the Impound Account shall be deemed to cure any Default or Event of Default hereunder. Upon full payment of the indebtedness secured hereby in accordance with its terms or at such earlier time as Grantee may elect, the balance of the Impound Account then in Grantee's possession shall be paid over to Grantor and no other party shall have any right or claim thereto.claim

Appears in 1 contract

Samples: Trust and Security Agreement (Cornerstone Realty Income Trust Inc)

Tax and Insurance Impound Account. (a) Grantor shall establish and --------------------------------- maintain at all times while this Security Deed of Trust continues in effect an impound account (the "Impound Account") with Grantee Beneficiary for payment of real estate --------------- taxes and assessments and insurance on the Trust Property and as additional security for the indebtedness secured herebyDebt. Simultaneously with the execution hereof, Grantor shall deposit in the Impound Account an amount determined by Grantee Beneficiary to be necessary to ensure that there will be on deposit with Grantee Beneficiary an amount which, when added to the monthly payments subsequently required to be deposited with Grantee Beneficiary hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee Beneficiary in the Impound Account an amount sufficient to pay the next due installment of real estate taxes and assessment assessments on the Trust Property at least one (1) month prior to the earlier of (a) the due date thereof or (b) any such date by which Grantor or Beneficiary is required by law to pay same and the next due annual insurance premiums with respect to the Trust Property at least one (1) month prior to the due date thereof. Commencing on the first monthly payment date under the Note and continuing thereafter on each monthly payment date under the Note, Grantor shall pay to GranteeBeneficiary, concurrently with and in addition to the monthly payment due under the Note and until the Note and all other indebtedness secured hereby Debt is fully paid and performed, deposits in an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes and assessments that will next become due and payable on the Trust Property, plus one-twelfth (1/12) of the amount of the annual premiums that will next become due and payable on insurance policies which Grantor is required to maintain hereunder, each as estimated and determined by GranteeBeneficiary. So long as no Event of Default (as hereinafter defined)has occurred, and no event has occurred or event failed to occur which with the passage of time, the giving of notice, or both, both would constitute an Event of Default (a "Default") hereunder or under the other Loan Documents has occurred and is continuing), all sums in the Impound Account ------- shall be held by Grante Beneficiary in the Impound Account to pay said taxes, assessments and insurance premiums before the same become delinquent. Grantor shall be responsible for ensuring the receipt by GranteeBeneficiary, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxes, assessments and insurance premiums to be paid from the Impound Account, and so long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuingoccurred, Grantee Beneficiary shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee Beneficiary shall be entitled to rely on any xxxxbill, statement or estimate procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such xxxxbill, statement or estimate and without any inquiry into the accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at Grantee's option and in Grantee's discretion, may either be held in a separate account or be commingled by Grantee with the general funds of Grantee. No interest on the funds contained in the Impound Account Account, if any, shall be paid by Grantee Beneficiary to Grantor. The Impound Account is solely for the protection of Grantee and entails no responsibility on Grantee's part beyond the payment of taxes, assessments and insurance premiums following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed by Grantee, any funds in the Impound Account shall be turned over to the assignee and any responsibility of Grantee, as assignor, with respect thereto shall terminate. If th total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee for the purposes of the Impound Account, such excess may be credited by Grantee on subsequent payments to be made hereunder or, at the option of Grantee, refunded to Grantor. If, however, the Impound Account shall not contain sufficient funds to pay the sums required when the same shall become due and payable, Grantor shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee the full amount of any such deficiency. If the Grantor shall fail to deposit with Grantee the full amount of such deficiency as provided above, Grantee shall have the option, but not the obligation, to make such deposit and all amounts so deposited by Grantee, together with interest thereon at the Default Interest Rate from the date incurred by Grantee until actually paid by Grantor, shall be immediately paid by Grantor on demand and shall be secured by this Security Deed and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under this Security Deed, Grantee may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby in whatever order Grantee shall subjectively determine. No such application of the Impound Account shall be deemed to cure any Default or Event of Default hereunder. Upon full payment of the indebtedness secured hereby in accordance with its terms or at such earlier time as Grantee may elect, the balance of the Impound Account then in Grantee's possession shall be paid over to Grantor and no other party shall have any right or claim thereto.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement (Cornerstone Realty Income Trust Inc)

Tax and Insurance Impound Account. Grantor Mortgagor shall establish and maintain at all times while this Security Deed Mortgage continues in effect an impound account (the "Impound Account") with Grantee Mortgagee for payment of real estate taxes and assessments and insurance on the Property and as additional security for the indebtedness secured herebyDebt. Simultaneously with the execution hereof, Grantor Xxxxxxxxx shall deposit in the Impound Account an amount determined by Grantee Mortgagee to be necessary to ensure that there will be on deposit with Grantee Mortgagee an amount which, when added to the monthly payments subsequently required to be deposited with Grantee Mortgagee hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee Mortgagee in the Impound Account an amount sufficient to pay the next due installment of real estate taxes and assessment assessments on the Property at least one (1) month prior to the earlier of (a) the due date thereof or (b) any such date by which Mortgagor is required by law to pay same, and the next due annual insurance premiums with respect to the Property at least one (1) month prior to the due date thereof. Commencing on the first monthly payment date under the Note and continuing thereafter on each monthly payment date under the Note, Grantor Mortgagor shall pay to GranteeMortgagee, concurrently with and in addition to the monthly payment due under the Note and until the Note and all other indebtedness secured hereby Debt is fully paid and performed, deposits in an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes and assessments that will next become due and payable on the Property, plus one-twelfth (1/12) of the amount of the annual premiums that will next become due and payable on insurance policies which Grantor Mortgagor is required to maintain hereunder, each as reasonably estimated and determined by GranteeMortgagee. So long as no Event of Default (as hereinafter defined), defined in Section 2.1) has occurred and no event has occurred or event failed to occur which with the passage of time, the giving of notice, or both, would constitute an Event of Default (a "Default") hereunder or under the other Loan Documents has occurred and is continuing”), all sums in the Impound Account shall be held by Grante Mortgagee in the Impound Account to pay said taxes, assessments and insurance premiums before the same become delinquent. Grantor Mortgagor shall be responsible for ensuring the receipt by GranteeMortgagee, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxes, assessments and insurance premiums to be paid from the Impound Account, and so long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuingoccurred, Grantee Mortgagee shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee Mortgagee shall be entitled to rely on any xxxxbill, statement or estimate procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such xxxxbill, statement or estimate and without any inquiry into the accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at Grantee's Mortgagee’s option and in Grantee's Mortgagee’s discretion, may either be held in a separate account or be commingled by Grantee Mortgagee with the general funds of GranteeMortgagee. No interest on the funds contained in the Impound Account Account, if any, shall be paid by Grantee Mortgagee to GrantorMortgagor, unless required by applicable law. The Notwithstanding the foregoing, Mortgagee hereby waives monthly deposits to the Impound Account so long as there is solely for no Event of Default under the protection of Grantee Loan Documents and entails no responsibility on Grantee's part beyond the payment of such taxes, assessments and insurance premiums following receipt of bills, invoices or statements therefor in accordance with the terms hereof are timely paid and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed by Grantee, any funds in the Impound Account shall be turned over to the assignee and any responsibility of Grantee, Mortgagee is furnished evidence thereof as assignor, with respect thereto shall terminate. If th total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee for the purposes of the Impound Account, such excess may be credited by Grantee on subsequent payments to be made hereunder or, at the option of Grantee, refunded to Grantor. If, however, the Impound Account shall not contain sufficient funds to pay the sums required when the same shall become due and payable, Grantor shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee the full amount of any such deficiency. If the Grantor shall fail to deposit with Grantee the full amount of such deficiency as provided above, Grantee shall have the option, but not the obligation, to make such deposit and all amounts so deposited by Grantee, together with interest thereon at the Default Interest Rate from the date incurred by Grantee until actually paid by Grantor, shall be immediately paid by Grantor on demand and shall be secured by this Security Deed and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under this Security Deed, Grantee may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby in whatever order Grantee shall subjectively determine. No such application of the Impound Account shall be deemed to cure any Default or Event of Default hereunder. Upon full payment of the indebtedness secured hereby in accordance with its terms or at such earlier time as Grantee may elect, the balance of the Impound Account then in Grantee's possession shall be paid over to Grantor and no other party shall have any right or claim thereto.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Industrial Income Trust Inc.)

Tax and Insurance Impound Account. Grantor Subject to the terms and conditions of the following paragraph, Mortgagor shall establish and maintain with Mortgagee at all times while this Security Deed Mortgage continues in effect an impound account (the "Impound Account") with Grantee for payment of real estate taxes Taxes and assessments Other Charges and insurance for the premiums on the insurance required to be maintained with respect to Mortgagor and the Property (“Insurance Premiums”) and as additional security for the indebtedness secured herebyObligations. Simultaneously In addition to the initial deposit to the Impound Account required simultaneously with the execution hereof, Grantor shall deposit in the Impound Account an amount determined by Grantee to be necessary to ensure that there will be on deposit with Grantee an amount which, when added to the monthly payments subsequently required to be deposited with Grantee hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee in the Impound Account an amount sufficient to pay the next due installment of real estate taxes and assessment on the Property at least one (1) month prior to the due date thereof and the next due annual insurance premiums with respect to the Property at least one (1) month prior to the due date thereof. Commencing commencing on the first monthly payment date under the Note and continuing thereafter on each monthly payment date under the Note, Grantor shall pay to Grantee, concurrently with and in addition to the monthly payment due under the Note and until the Note and all other indebtedness secured hereby is Obligations are fully paid and performed, deposits in Mortgagor shall pay to Mortgagee, for deposit to the Impound Account, an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes Taxes and assessments Other Charges that will next become due and payable on the Property, plus one-twelfth (1/12) of the amount of the annual premiums Insurance Premiums that will next become due and payable on insurance policies which Grantor is required to maintain hereunderpayable, each as estimated and determined by GranteeMortgagee. So long as no Event event occurs, and no state of Default (as hereinafter defined)facts exists, or event which which, with the giving of notice and/or the passage of time, the giving of notice, or both, would constitute an Event of Default (as defined in Section 2.1 hereunder) (such event or state of facts, a "Default") hereunder or under the other Loan Documents has occurred and is continuing”), all sums in the Impound Account shall be held by Grante Mortgagee in the Impound Account to pay said taxesTaxes and Other Charges, assessments in periodic installments, and insurance premiums Insurance Premiums in one annual installment, in each case, before the same become delinquent. Grantor Mortgagor shall be responsible for ensuring the receipt by GranteeMortgagee, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxesTaxes and Other Charges, assessments and insurance premiums to be paid from the Impound Accountall Insurance Premiums, and so long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuing, Grantee Mortgagee shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee Mortgagee shall be entitled to rely on any xxxx, statement or estimate procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such xxxx, statement or estimate and without any inquiry into the accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at Grantee's Mortgagee’s option and in Grantee's Mortgagee’s discretion, may either be held in a separate account or be commingled by Grantee Mortgagee with the general funds of GranteeMortgagee. No interest on the funds contained in the Impound Account shall be paid by Grantee Mortgagee to GrantorMortgagor. The Impound Account is solely for the protection of Grantee Mortgagee and entails no responsibility on Grantee's Mortgagee’s part beyond the payment of taxesTaxes and Other Charges, assessments and insurance premiums of Insurance Premiums, following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed Mortgage by GranteeMortgagee, any funds in the Impound Account shall be turned over to the assignee and any responsibility of GranteeMortgagee, as assignor, with respect thereto shall terminate. If th the total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee Mortgagee for the purposes of the Impound Account, such excess may be credited by Grantee Mortgagee on subsequent payments to be made hereunder or, at the option of GranteeMortgagee, refunded to GrantorMortgagor. IfIf at any time Mortgagee determines that, howeverwith the making of all monthly deposits to the Impound Account when due, the Impound Account shall nonetheless would not contain sufficient funds to pay the sums required when next due periodic installments of all Taxes and Other Charges at least thirty (30) days prior to the same shall become delinquency date thereof, or to pay the next due and payableannual Insurance Premiums at least thirty (30) days prior to the due date thereof, Grantor Mortgagor shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee Mortgagee the full amount of any such deficiency. If the Grantor Mortgagor shall fail to deposit with Grantee Mortgagee the full amount of such deficiency as provided above, Grantee Mortgagee shall have the option, but not the obligation, to make such deposit and all amounts so deposited by GranteeMortgagee, together with interest thereon at the Default Interest Rate from the date incurred by Grantee Mortgagee until actually paid by GrantorMortgagor, shall be immediately paid by Grantor Mortgagor on demand and shall be secured by this Security Deed and by all demand. At any time during the continuance of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under this Security DeedDefault, Grantee Mortgagee may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby Obligations in whatever order Grantee Mortgagee shall subjectively determine. No such application of the Impound Account shall be deemed to cure any Default or Event of Default hereunder, and any such application shall not limit Mortgagor’s obligation to deposit any deficiency of which Mortgagee gives notice. Upon full payment of the indebtedness secured hereby Obligations in accordance with its terms or at such earlier time as Grantee Mortgagee may elect, the balance of the Impound Account then in Grantee's Mortgagee’s possession shall be paid over to Grantor Mortgagor and no other party shall have any right or claim thereto. Notwithstanding the foregoing, Mortgagee hereby waives the requirement for deposit by Mortgagor of the sums described in the preceding paragraph in the Impound Account, for so long as (i) there is the First Mortgage on the Property; (ii) there is no Default or Event of Default under this Mortgage or any of the other Loan Documents and (iii) Mortgagor delivers to Mortgagee, no later than five (5) days prior to the last day for payment of such sums without penalty or interest, evidence satisfactory to Mortgagee in Mortgagee’s sole and absolute discretion, that all sums described in Section 1.5 above have been paid in full. Upon failure of either of the foregoing conditions, the waiver set forth in this paragraph shall immediately and automatically become null and void, without notice from Mortgagee to Mortgagor.

Appears in 1 contract

Samples: Talon Real Estate Holding Corp.

AutoNDA by SimpleDocs

Tax and Insurance Impound Account. Grantor When required by Mortgagee pursuant to the next following sentence and subject to the last sentence of this Section 1.6, Mortgagor shall have the right to establish and maintain at all times while this Security Deed Mortgage continues in effect an impound account (the "Impound Account") with Grantee Mortgagee or a financial institution designated by Mortgagee for payment of insurance premiums and real estate taxes and assessments and insurance on the Property and as additional security for the indebtedness secured hereby. Simultaneously with After the execution hereofoccurrence of a default hereunder and Mortgagee's request, Grantor Mortgagor shall be obligated to deposit in the Impound Account an amount determined by Grantee Mortgagee to be necessary to ensure that there will be on deposit with Grantee Mortgagee an amount which, when added to the monthly payments subsequently required to be deposited with Grantee Mortgagee hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee in the Impound Account an amount sufficient to pay the next due annual installment of insurance premiums, real estate taxes and assessment assessments on the Property at least one (1) month prior to the due delinquency date thereof and the next due annual insurance premiums with respect to the Property at least (if paid in one (1) month prior to the due date thereofinstallment). Commencing on the first monthly payment date under the Note after the occurrence of such default and Mortgagee's request for deposits into the Impound Account and continuing thereafter on each monthly payment date under the Note, Grantor Mortgagor shall pay to GranteeMortgagee, concurrently with and in addition to the monthly payment due under the Note and until the Note and all other indebtedness secured hereby is fully paid and performed, deposits in an amount equal to one-twelfth (1/12) of the amount of the annual insurance premiums, real estate taxes and assessments that will next become due and payable on the Property, plus one-twelfth (1/12) of the amount of the annual premiums that will next become due and payable on insurance policies which Grantor is required to maintain hereunder, each Property as estimated and determined by GranteeMortgagee. So long as no Event of Default (as hereinafter defined), or event which with the passage of time, the giving of notice, or both, would constitute an Event of Default (a "Default") default hereunder or under the other Loan Documents has occurred and is continuing, all sums in the Impound Account shall be held by Grante Mortgagee in the Impound Account to pay said taxesinsurance premiums, taxes and assessments and insurance premiums in one installment before the same become delinquent. Grantor Mortgagor shall be responsible for ensuring the receipt by GranteeMortgagee, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxes, assessments and insurance premiums to be paid from the Impound Account, and so long as no Default or Event of Default default hereunder or under the other Loan Documents has occurred and is continuing, Grantee Mortgagee shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee Mortgagee shall be entitled to rely on any xxxxbill, statement or estimate procured estimatx xxocured from the appropriate public office or insurance company or agent insurer without any inquiry into the accuracy of such xxxxbill, statement or estimate and estimaxx xnd without any inquiry into the accuracy, validity, enforceability or contestability of any insurance premium, tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at Grantee's option and in Grantee's discretion, may either be held but Mortgagee shall hold the Impound Account in a separate account or be commingled by Grantee with the general funds of Granteeaccount. No interest on the funds contained in the Impound Account shall be paid by Grantee Mortgagee to GrantorMortgagor. The Impound Account is solely for the protection of Grantee Mortgagee and entails no responsibility on GranteeMortgagee's part beyond the payment of taxesinsurance premiums, taxes and assessments and insurance premiums following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed Mortgage by GranteeMortgagee, any funds in the Impound Account shall be turned fumed over to the assignee and any responsibility of GranteeMortgagee, as assignor, with respect thereto shall terminate. If th the total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee Mortgagee for the purposes of the Impound Account, such excess may shall be credited by Grantee Mortgagee on subsequent payments to be made hereunder or, at the option of Grantee, refunded to Grantorhereunder. If, however, the Impound Account shall not contain sufficient funds to pay the sums required when the same shall become due and payable, Grantor Mortgagor shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee Mortgagee the full amount of any such deficiency. If the Grantor Mortgagor shall fail to deposit with Grantee Mortgagee the full amount of such deficiency as provided above, Grantee Mortgagee shall have the option, but not the obligation, to make such deposit and all amounts so deposited by GranteeMortgagee, together with interest thereon at the Default Interest Rate from the date incurred by Grantee Mortgagee until actually paid by GrantorMortgagor, shall be immediately paid by Grantor Mortgagor on demand and shall be secured by this Security Deed Mortgage and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default a default under this Security DeedMortgage which is not cured within any applicable grace or cure period, Grantee Mortgagee may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby in whatever order Grantee Mortgagee shall subjectively determine. No such application of the Impound Account shall be deemed to cure any Default or Event of Default default hereunder. Upon full payment of the indebtedness secured hereby in accordance with its terms or at such earlier time as Grantee Mortgagee may elect, the balance of the Impound Account then in GranteeMortgagee's possession shall be paid over to Grantor Mortgagor and no other party shall have any right or claim thereto. Notwithstanding anything in this Section 1.6 to the contrary, Mortgagee shall not require Mortgagor to establish and maintain an Impound Account during any period when the tenant under the Ground Lease is maintaining an impound or escrow account for the payment of real estate taxes and insurance premiums at the request or demand, and for the benefit, of such tenant's mortgagee(s).

Appears in 1 contract

Samples: Promissory Note Clarification Agreement (Showboat Inc)

Tax and Insurance Impound Account. Grantor shall establish and --------------------------------- maintain at all times while this Security Deed of Trust continues in effect an impound account (the "Impound Account") with Grantee Beneficiary for payment of real estate --------------- taxes and assessments and insurance on the Property and as additional security for the indebtedness secured hereby. Simultaneously with the execution hereof, Grantor shall deposit in the Impound Account an amount determined by Grantee Beneficiary to be necessary to ensure that there will be on deposit with Grantee Beneficiary an amount which, when added to the monthly payments subsequently required to be deposited with Grantee Beneficiary hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee Beneficiary in the Impound Account an amount sufficient to pay the next due annual installment of real estate taxes and assessment on the Property at least one (1) month prior to the due delinquency date thereof (if paid in one installment) and the next due annual insurance premiums with respect to the Property at least one (1) month prior to the due date thereofthereof (if paid in one installment). Commencing on the first monthly payment date under the Note and continuing thereafter on each monthly payment date under the Note, Grantor shall pay to GranteeBeneficiary, concurrently with and in addition to the monthly payment due under the Note and until the Note and all other indebtedness secured hereby is fully paid and performed, deposits in an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes and assessments that will next become due and payable on the Property, plus one-one- twelfth (1/12) of the amount of the annual premiums that will next become due and payable on insurance policies which Grantor is required to maintain hereunder, each as estimated and determined by GranteeBeneficiary. So long as no Event of Default (as hereinafter defined), or event which with the passage of time, the giving of notice, or both, would constitute an Event of Default (a "Default") default hereunder or under the other Loan Documents has occurred and is continuing, all sums in the Impound Account shall be held by Grante Beneficiary in the Impound Account to pay said taxes, assessments and insurance premiums in one installment before the same become delinquent. Grantor shall be responsible for ensuring the receipt by GranteeBeneficiary, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxes, assessments and insurance premiums to be paid from the Impound Account, and so long as no Default or Event of Default default hereunder or under the other Loan Documents has occurred and is continuing, Grantee Beneficiary shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee Beneficiary shall be entitled to rely on any xxxx, statement or estimate procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such xxxx, statement or estimate and without any inquiry into the accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, bear interest or be or be deemed to be escrow or trust funds, but, at GranteeBeneficiary's option and in GranteeBeneficiary's discretion, may either be held in a separate account or be commingled by Grantee Beneficiary with the general funds of GranteeBeneficiary. No interest on the funds contained in the Impound Account shall be paid by Grantee Beneficiary to Grantor. The Impound Account is solely for the protection of Grantee Beneficiary and entails no responsibility on GranteeBeneficiary's part beyond the payment of taxes, assessments and insurance premiums following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed of Trust by GranteeBeneficiary, any funds in the Impound Account shall be turned over to the assignee and any responsibility of GranteeBeneficiary, as assignor, with respect thereto shall terminate. If th the total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee Beneficiary for the purposes of the Impound Account, such excess may be credited by Grantee Beneficiary on subsequent payments to be made hereunder or, at the option of GranteeBeneficiary, refunded to Grantor. If, however, the Impound Account shall not contain sufficient funds to pay the sums required when the same shall become due and payable, Grantor shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee Beneficiary the full amount of any such deficiency. If the Grantor shall fail to deposit with Grantee Beneficiary the full amount of such deficiency as provided above, Grantee Beneficiary shall have the option, but not the obligation, to make such deposit deposit, and all amounts so deposited by GranteeBeneficiary, together with interest thereon at the Default Interest Rate from the date incurred by Grantee Beneficiary until actually paid by Grantor, shall be immediately paid by Grantor on demand and shall be secured by this Security Deed of Trust and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default a default under this Security DeedDeed of Trust which is not cured within any applicable grace or cure period, Grantee Beneficiary may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby in whatever order Grantee Beneficiary shall subjectively determine. No such application of the Impound Account shall be deemed to cure any Default or Event of Default default hereunder. Upon full payment of the indebtedness secured hereby in accordance with its terms or at such earlier time as Grantee Beneficiary may elect, the balance of the Impound Account then in GranteeBeneficiary's possession shall be paid over to Grantor and no other party shall have any right or claim thereto.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement (Nei Webworld Inc)

Tax and Insurance Impound Account. Grantor Mortgagor shall establish and maintain at all times while this Security Deed Mortgage continues in effect an impound account (the "Impound Account") with Grantee Mortgagee for payment of real estate taxes and assessments and insurance on the Property and as additional security for the indebtedness secured hereby. Simultaneously with the execution hereof, Grantor Mortgagor shall deposit in the Impound -Impound Account an amount determined by Grantee Mortgagee to be necessary to ensure that there will be on deposit with Grantee an amount which, sufficient (when added to the monthly payments subsequently required to be deposited with Grantee hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee in the Impound Account an amount sufficient deposits described herein) to pay the next due annual installment of real estate taxes and assessment assessments on the Property at least one (1) month prior to the due delinquency date thereof (if paid in one installment) and the next due annual insurance premiums with respect to the Property at least one (1) month prior to the due date thereofthereof (if paid in one installment). Commencing on the first monthly payment date under the Note and continuing thereafter on each monthly payment date under the Note, Grantor Mortgagor shall pay to GranteeMortgagee, concurrently with and in addition to the monthly payment due under the Note and until the Note and all other indebtedness secured hereby is fully paid and performedNote, deposits in an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes and assessments that will next become due and payable on the Property, plus one-twelfth (1/121)12) of the amount of the annual premiums that will next become due and payable on insurance policies which Grantor Mortgagor is required to maintain maintain. hereunder, each as estimated and determined by Grantee. Mortgagee, So long as no Event of Default (as hereinafter defined), or event which with the passage of time, the giving of notice, or both, would constitute an Event of Default (a "Default") default hereunder or under the other Loan Documents has occurred and is continuing, all sums in the Impound Account shall be held by Grante Mortgagee in the Impound Account to pay said taxes, assessments and insurance premiums in one installment before the same become delinquent. Grantor Mortgagor shall be responsible for ensuring the receipt by GranteeMortgagee, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxes, assessments and insurance premiums to be paid from the Impound Account, and so long as no Default or Event of Default default hereunder or under the other Loan Documents has occurred and is continuing, Grantee Mortgagee shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee Mortgagee shall be entitled to rely on any xxxxbill, statement or estimate procured from from. the appropriate public appropriaxx xublic office or insurance company or agent without any inquiry into the accuracy of such xxxxbill, statement or estimate and without any inquiry into the xxx accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at Grantee's option and in Grantee's discretion, may either be held in a separate account or be commingled by Grantee with the general funds of Grantee. No interest on the funds contained in the Impound Account shall be paid by Grantee Mortgagee to Grantor. The Impound Account is solely for the protection of Grantee and entails no responsibility Mortgagor on Grantee's part beyond the payment of taxes, assessments and insurance premiums following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed by Grantee, any funds in the Impound Account shall be turned over to solely for the assignee and any responsibility account of Grantee, as assignor, with respect thereto shall terminateMortgagee. If th the total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee Mortgagee for the purposes of the Impound Account, such excess may be credited by Grantee Mortgagee on subsequent payments to be made hereunder or, at the option of GranteeMortgagee, refunded to GrantorMortgagor. If, however, the Impound Account shall shall, not contain sufficient funds to pay the sums required when the same shall become due and payable, Grantor Mortgagor shall, within ten (101,0) days after receipt of written notice thereof, deposit with Grantee Mortgagee the full amount of any such deficiency. If the Grantor shall fail to deposit with Grantee the full amount of such deficiency as provided above, Grantee shall have the option, but not the obligation, to make such deposit and all amounts so deposited by Grantee, together with interest thereon at the Default Interest Rate from the date incurred by Grantee until actually paid by Grantor, shall be immediately paid by Grantor on demand and shall be secured by this Security Deed and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under this Security Deed, Grantee may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby in whatever order Grantee shall subjectively determine. No such application of the Impound Account shall be deemed to cure any Default or Event of Default hereunder. Upon full payment of the indebtedness secured hereby in accordance with its terms or at such earlier time as Grantee may elect, the balance of the Impound Account then in Grantee's possession shall be paid over to Grantor and no other party shall have any right or claim thereto.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Acadia Realty Trust)

Tax and Insurance Impound Account. Grantor shall establish and maintain at all times while this Security Deed continues in effect an impound account (the "Impound Account") with Grantee for payment of real estate taxes and assessments and insurance on the Property and as additional security for the indebtedness secured hereby. Simultaneously with the execution hereof, Grantor shall deposit in the Impound Account an amount determined by Grantee to be necessary to ensure that there will be on deposit with Grantee an amount which, when added to the monthly payments subsequently required to be deposited with Grantee hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee in the Impound Account an amount sufficient to pay the next due installment of real estate taxes and assessment on the Property at least one (1) month prior to the due date thereof and the next due annual insurance premiums with respect to the Property at least one (1) month prior to the due date thereof. Commencing on the first monthly payment date under the Note and continuing thereafter on each monthly payment date under the Note, Grantor shall pay to Grantee, concurrently with and in addition to the monthly payment due under the Note and until the Note and all other indebtedness secured hereby is fully paid and performed, deposits in an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes and assessments that will next become due and payable on the Property, plus one-twelfth (1/12) of the amount of the annual premiums that will next become due and payable on insurance policies which Grantor is required to maintain hereunder, each as estimated and determined by GranteeXxxxxxx. So long as no Event of Default (as hereinafter defined), or event which with the passage of time, the giving of notice, or both, would constitute an Event of Default (a "Default") hereunder or under the other Loan Documents has occurred and is continuing, all sums in the Impound Account shall be held by Grante in the Impound Account to pay said taxes, assessments and insurance premiums before the same become delinquent. Grantor shall be responsible for ensuring the receipt by GranteeXxxxxxx, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxes, assessments and insurance premiums to be paid from the Impound Account, and so long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuing, Grantee shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee shall be entitled to rely on any xxxxbill, statement or estimate procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such xxxxbill, statement or estimate and without any inquiry into the accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at GranteeXxxxxxx's option and in GranteeXxxxxxx's discretion, may either be held in a separate account or be commingled by Grantee with the general funds of Grantee. No interest on the funds contained in the Impound Account shall be paid by Grantee to Grantor. The Impound Account is solely for the protection of Grantee and entails no responsibility on Grantee's part beyond the payment of taxes, assessments and insurance premiums following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed by GranteeXxxxxxx, any funds in the Impound Account shall be turned over to the assignee and any responsibility of Grantee, as assignor, with respect thereto shall terminate. If th total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee for the purposes of the Impound Account, such excess may be credited by Grantee Xxxxxxx on subsequent payments to be made hereunder or, at the option of Grantee, refunded to Grantor. If, however, the Impound Account shall not contain sufficient funds to pay the sums required when the same shall become due and payable, Grantor shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee the full amount of any such deficiency. If the Grantor shall fail to deposit with Grantee the full amount of such deficiency as provided above, Grantee shall have the option, but not the obligation, to make such deposit and all amounts so deposited by Grantee, together with interest thereon at the Default Interest Rate from the date incurred by Grantee until actually paid by Grantor, shall be immediately paid by Grantor on demand and shall be secured by this Security Deed and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under this Security Deed, Grantee may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby in whatever order Grantee shall subjectively determine. No such application of the Impound Account shall be deemed to cure any Default or Event of Default hereunder. Upon full payment of the indebtedness secured hereby in accordance with its terms or at such earlier time as Grantee may elect, the balance of the Impound Account then in GranteeXxxxxxx's possession shall be paid over to Grantor and no other party shall have any right or claim thereto.

Appears in 1 contract

Samples: Record And (Merry Land Capital Trust)

Tax and Insurance Impound Account. Grantor (a) Subject to Section 1.6(b) below, Borrower shall establish and maintain with Lender at all times while this Security Deed of Trust continues in effect an impound account (the "Impound Account") with Grantee for payment of real estate taxes Taxes and assessments Other Charges and insurance for the premiums on the insurance required to be maintained with respect to Borrower and the Property (“Insurance Premiums”) and as additional security for the indebtedness secured herebyObligations. Simultaneously In addition to the initial deposit to the Impound Account required simultaneously with the execution hereof, Grantor shall deposit in the Impound Account an amount determined by Grantee to be necessary to ensure that there will be on deposit with Grantee an amount which, when added to the monthly payments subsequently required to be deposited with Grantee hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee in the Impound Account an amount sufficient to pay the next due installment of real estate taxes and assessment on the Property at least one (1) month prior to the due date thereof and the next due annual insurance premiums with respect to the Property at least one (1) month prior to the due date thereof. Commencing commencing on the first monthly payment date under Payment Date (as defined in the Note Note) and continuing thereafter on each monthly payment date under the Note, Grantor shall pay to Grantee, concurrently with and in addition to the monthly payment due under the Note and Payment Date until the Note and all other indebtedness secured hereby is Obligations are fully paid and performed, deposits in Borrower shall pay to Lender, or cause to be paid to Lender, for deposit to the Impound Account, an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes Taxes and assessments Other Charges that will next become due and payable on the Property, plus one-twelfth (1/12) of the amount of the annual premiums Insurance Premiums that will next become due and payable on insurance policies which Grantor is required to maintain hereunderpayable, each as estimated and determined by GranteeLender. So long as no Event of Default (as hereinafter defined), or event which with the passage of time, the giving of notice, or both, would constitute an Event of Default (a "Default"defined in Section 2.1 hereunder) hereunder or under the other Loan Documents has occurred and is continuing, all sums in the Impound Account shall be held by Grante Lender in the Impound Account to pay said taxesTaxes and Other Charges, assessments in periodic installments, and insurance premiums Insurance Premiums in one annual installment, in each case, before the same become delinquent. Grantor Borrower shall be responsible for ensuring the receipt by GranteeLender, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxesTaxes and Other Charges, assessments and insurance premiums to be paid from the Impound Accountall Insurance Premiums, and so long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuing, Grantee Lender shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee Lender shall be entitled to rely on any xxxxbxxx, statement or estimate procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such xxxxbxxx, statement or estimate and without any inquiry into the accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at Grantee's Lender’s option and in Grantee's Lender’s discretion, may either be held in a separate account or be commingled by Grantee Lender with the general funds of GranteeLender. No interest on the funds contained in the Impound Account shall be paid by Grantee Lender to GrantorBorrower. The Impound Account is solely for the protection of Grantee Lender and entails no responsibility on Grantee's Lender’s part beyond the payment of taxesTaxes and Other Charges, assessments and insurance premiums of Insurance Premiums, following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed of Trust by GranteeLender, any funds in the Impound Account shall be turned over to the assignee and any responsibility of GranteeLender, as assignor, with respect thereto to such funds shall terminate. If th the total funds in the Impound Account shall exceed are reasonably determined by Lender to be in excess of the amount of payments actually applied required by Grantee Lender for the purposes of the Impound Account, such excess may be credited by Grantee Lender on the subsequent payments payment to be made hereunder or, at if such excess is greater than the option amounts due from Borrower to Lender in the month following such determination (and if no Event of GranteeDefault is then continuing and no event has occurred, and no state of facts exists, which in either case would, with the giving of notice and/or the passage of time, constitute an Event of Default (any such event or state of facts, a “Default”) is then continuing), refunded to GrantorBorrower. IfIf at any time Lender determines that, howeverwith the making of all monthly deposits to the Impound Account when due, the Impound Account shall nonetheless would not contain sufficient funds to pay the sums required when next due periodic installments of all Taxes and Other Charges at least 30 days prior to the same shall become delinquency date thereof, or to pay the next due and payableannual Insurance Premiums at least 30 days prior to the due date thereof, Grantor Borrower shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee Lender the full amount of any such deficiency. If the Grantor Borrower shall fail to deposit with Grantee Lender the full amount of such deficiency as provided above, Grantee Lender shall have the option, but not the obligation, to make such deposit and all amounts so deposited by GranteeLender, together with interest thereon at the Default Interest Rate from the date incurred by Grantee Lender until actually paid by GrantorBorrower, shall be immediately paid by Grantor Borrower on demand and shall be secured by this Security Deed and by all demand. At any time during the continuance of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under this Security DeedDefault, Grantee Lender may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby Obligations in whatever order Grantee Lender shall subjectively determine. No such application of the Impound Account shall be deemed to cure any Default or Event of Default hereunder, and any such application shall not limit Borrower’s obligation to deposit any deficiency of which Lender gives notice. Upon full payment of the indebtedness secured hereby Obligations in accordance with its terms or at such earlier time as Grantee Lender may elect, the balance of the Impound Account then in Grantee's Lender’s possession shall be paid over to Grantor Borrower and no other party shall have any right or claim thereto.

Appears in 1 contract

Samples: Gladstone Commercial Corp

Tax and Insurance Impound Account. Grantor At Mortgagee's option during the continuation of an Event of Default, Mortgagor shall establish and maintain at all times while this Security Deed Mortgage continues in effect an impound account (the "Impound Account") with Grantee Mortgagee for payment of real estate taxes and assessments and insurance on the Property and as additional security for the indebtedness secured hereby. Simultaneously with the execution hereofAfter notice from Mortgagee that Mortgagee is exercising its option hereunder, Grantor shall deposit in the Impound Account an amount determined by Grantee to be necessary to ensure that there will be on deposit with Grantee an amount which, when added to the monthly payments subsequently required to be deposited with Grantee hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee in the Impound Account an amount sufficient to pay the next due installment of real estate taxes and assessment on the Property at least one (1) month prior to the due date thereof and the next due annual insurance premiums with respect to the Property at least one (1) month prior to the due date thereof. Commencing on the first monthly payment date under the Note and continuing thereafter on each monthly payment date under the Note, Grantor Mortgagor shall pay to GranteeMortgagee, concurrently with and in addition to the monthly payment due under the Note and until the Note and all other indebtedness secured hereby is fully paid and performed, deposits in an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes and assessments that will next become due and payable on the Property, plus one-twelfth (1/12) of the amount of the annual premiums that will next become due and payable on insurance policies which Grantor Mortgagor is required to maintain hereunder, each as estimated and determined by GranteeMortgagee. So long as no Event event occurs, and no state of Default (as hereinafter defined)facts exists, or event which which, with the giving of notice and/or the passage of time, the giving of notice, or both, would constitute an Event of Default (as fined in Section 2.1 hereunder) (such event or state of facts, a "Default") hereunder or under the other Loan Documents has occurred and is continuing, all sums in the Impound Account shall be held by Grante Mortgagee in the Impound Account to pay said taxes, assessments and insurance premiums in one installment before the same become delinquent. Grantor Mortgagor shall be responsible for ensuring the receipt by GranteeMortgagee, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxes, assessments and insurance premiums to be paid from the Impound Account, and so long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuing, Grantee Mortgagee shall pay the governmental authority or other party entitled thereto directly to the extent funds finds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee Mortgagee shall be entitled to rely on any xxxx, statement or estimate procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such xxxx, statement or of estimate and without any inquiry into the accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at GranteeMortgagee's option and in GranteeMortgagee's discretion, may either be held in a separate account or be commingled by Grantee Mortgagee with the general funds of GranteeMortgagee. No interest Interest on the funds contained in the Impound Account shall be paid by Grantee Mortgagee to Grantor. The Impound Account is solely for the protection of Grantee and entails no responsibility on Grantee's part beyond the payment of taxes, assessments and insurance premiums following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually receivedMortgagor. Upon assignment of this Security Deed Mortgage by GranteeMortgagee, any funds in the Impound Account shall be turned over to the assignee and any responsibility of GranteeMortgagee, as assignor, with respect thereto shall terminate. If th the total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee Mortgagee for the purposes of the Impound Account, such excess may be credited by Grantee Mortgagee on subsequent payments to be made hereunder or, at the option of Grantee, or refunded to GrantorMortgagor at Mortgagor's option. If, however, the Impound Account shall not contain sufficient funds to pay the sums required when the same shall become due and payable, Grantor Mortgagor shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee Mortgagee the full amount of any such deficiency. If the Grantor Mortgagor shall fail to deposit with Grantee Mortgagee the full amount of such deficiency as provided above, Grantee Mortgagee shall have the option, but not the obligation, to make such deposit and all amounts so deposited by GranteeMortgagee, together with interest thereon at the Default Interest Rate from the date incurred by Grantee Mortgagee until actually paid by GrantorMortgagor, shall be immediately paid by Grantor Mortgagor on demand and shall be secured by this Security Deed Mortgage and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is Upon an Event of Default under this Security DeedDefault, Grantee Mortgagee may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby in whatever order Grantee Mortgagee shall subjectively determine. No such application of the Impound Account shall be deemed to cure any Default or of Event of Default hereunder, and any such application shall not limit Mortgagor's obligation to deposit any deficiency of which Mortgagee gives notice. Upon full payment of the indebtedness secured hereby in accordance with its terms or at such earlier time as Grantee Mortgagee may elect, the balance of the Impound Account then in GranteeMortgagee's possession shall be paid over to Grantor Mortgagor and no other party shall have any right or claim thereto.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Usa Detergents Inc)

Tax and Insurance Impound Account. Grantor Trustor shall establish and maintain at all times while this Security Deed of Trust continues in effect an impound account (the "Impound Account") with Grantee Beneficiary for payment of real estate taxes and assessments and property and casualty and earthquake insurance on the Mortgaged Property and as additional security for the indebtedness secured herebyDebt. Simultaneously with the execution hereof, Grantor Trustor shall deposit in the Impound Account an amount determined by Grantee Beneficiary to be necessary to ensure that there will be on deposit with Grantee Beneficiary an amount which, when added to the monthly payments subsequently required to be deposited with Grantee Beneficiary hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee Beneficiary in the Impound Account an amount sufficient to pay the next due installment of real estate taxes and assessment assessments on the Mortgaged Property at least one (1) month prior to the earlier of (a) the due date thereof or (b) any such date by which Trustor or Beneficiary is required by law to pay same and the next due annual insurance premiums with respect to the Mortgaged Property at least one (1) month prior to the due date thereof. Commencing on the first monthly payment date under the Note and continuing thereafter on each monthly payment date under the Note, Grantor Trustor shall pay to GranteeBeneficiary, concurrently with and in addition to the monthly payment due under the Note and until the Note and all other indebtedness secured hereby Debt is fully paid and performed, deposits in an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes and assessments that will next become due and payable on the Mortgaged Property, plus one-twelfth (1/12) of the amount of the annual premiums that will next become due and payable on the property and casualty and earthquake insurance policies which Grantor Trustor is required to maintain hereunder, each as estimated and determined by GranteeBeneficiary. So long as no Event of Default (as hereinafter defined)has occurred, and no event has occurred or event failed to occur which with the passage of time, the giving of notice, or both, both would constitute an Event of Default (a "Default") hereunder or under the other Loan Documents has occurred and is continuing), all sums in the Impound Account shall be held by Grante Beneficiary in the Impound Account to pay said taxes, assessments and insurance premiums before the same become delinquent. Grantor Trustor shall be responsible for ensuring that Beneficiary receives bills directly from the receipt by Granteeproper party for real estate taxes, assessments and insurance premiums at least thirty (30) days prior to the respective due date for payment thereof. Beneficiary shall, to the extent that funds are available in the Impound Account and bill or invoices have been received therefor at least 30 days in advxxxx of their due date and so long as no Event of Default has occurred, pay all bills, invoices and statements for all real estate taxes, assessments and insurance prior to such due date. In the event that the above conditions have been satisfied but the real estate taxes, assessments and/or insurance premiums have not been timely paid by the servicer of the Loan, Beneficiary shall either pay any resulting penalties or late charges or cause any resulting penalties or late charges to be paid from the Impound Account, and so long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuing, Grantee shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for by such purpose in the Impound Accountservicer. In making any payment from the Impound Account, Grantee Beneficiary shall be entitled to rely on any xxxxbill, statement or estimate procured from the appropriate public office offxxx or insurance company or agent without any inquiry into the accuracy of such xxxxbill, statement or estimate and without any inquiry into the accuracyaccuracx, validityxalidity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at Grantee's option and in Grantee's discretion, may either be held in a separate account or be commingled by Grantee with the general funds of Grantee. No interest Interest on the funds contained in the Impound Account shall be paid by Grantee to Grantor. The Impound Account is solely for the protection of Grantee and entails no responsibility on Grantee's part beyond the payment of taxes, assessments and insurance premiums following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed by Grantee, any funds in the Impound Account shall be turned over to the assignee and any responsibility of Grantee, as assignor, with respect thereto shall terminate. If th total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee for the purposes of the Impound Account, such excess may be credited by Grantee on subsequent payments to be made hereunder or, at the option of Grantee, refunded to Grantor. If, however, the Impound Account shall not contain sufficient funds to pay the sums required when the same shall become due and payable, Grantor shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee the full amount of any such deficiency. If the Grantor shall fail to deposit with Grantee the full amount of such deficiency as provided above, Grantee shall have the option, but not the obligation, to make such deposit and all amounts so deposited by Grantee, together with interest thereon at the Default Interest Rate from the date incurred by Grantee until actually paid by Grantorif any, shall be immediately credited and paid by Grantor on demand and shall be secured by this Security Deed and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under this Security Deed, Grantee may, but shall not be obligated to, apply at any time the balance then remaining to Trustor as provided in the Impound Account against the indebtedness secured hereby in whatever order Grantee shall subjectively determine. No such application of the Impound Account shall be deemed to cure any Default or Event of Default hereunder. Upon full payment of the indebtedness secured hereby in accordance with its terms or at such earlier time as Grantee may elect, the balance of the Impound Account then in Grantee's possession shall be paid over to Grantor and no other party shall have any right or claim theretoSection 4.31 hereof.

Appears in 1 contract

Samples: Innkeepers Usa Trust/Fl

Tax and Insurance Impound Account. Grantor Mortgagor shall establish and maintain at all times while this Security Deed Mortgage continues in effect an impound account (the "Impound Account") with Grantee Mortgagee for payment of real estate taxes and assessments and insurance on the Mortgaged Property and as additional security for the indebtedness secured herebyDebt. Simultaneously with the execution hereof, Grantor Mortgagor shall deposit in the Impound Account an amount reasonably determined by Grantee Mortgagee to be necessary to ensure that there will be on deposit with Grantee Mortgagee an amount which, when added to the monthly payments subsequently required to be deposited with Grantee Mortgagee hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee Mortgagee in the Impound Account an amount sufficient to pay the next due installment of real estate taxes and assessment assessments on the Mortgaged Property at least one (1) month prior to the earlier of (a) the due date thereof or (b) any such date by which Mortgagor or Mortgagee is required by law to pay same and the next due annual insurance premiums with respect to the Mortgaged Property at least one (1) month prior to the due date thereof. Commencing on the first monthly payment date under the Note and continuing thereafter on each monthly payment date under the Note, Grantor Mortgagor shall pay to GranteeMortgagee, concurrently with and in addition to the monthly payment due under the Note and until the Note and all other indebtedness secured hereby Debt is fully paid and performed, deposits in an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes and assessments that will next become due and payable on the Mortgaged Property, plus one-twelfth (1/12) of the amount of the annual premiums that will next become due and payable on insurance policies which Grantor Mortgagor is required to maintain hereunder, each as estimated and determined by GranteeMortgagee. So long as no Event of Default (as hereinafter defined), or event which with the passage of time, the giving of notice, or both, would constitute an Event of Default (a "Default") hereunder or under the other Loan Documents has occurred and is continuingoccurred, all sums in the Impound Account shall be held by Grante Mortgagee in the Impound Account to pay said taxes, assessments and insurance premiums before the same become delinquent. Grantor Mortgagor shall be responsible for ensuring the receipt by GranteeMortgagee, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxes, assessments and insurance premiums to be paid from the Impound Account, and so long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuingoccurred, Grantee Mortgagee shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee Mortgagee shall be entitled to rely on any xxxx, statement or estimate procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such xxxx, statement or estimate and without any inquiry into the accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at Grantee's option and in Grantee's discretion, may either be held in a separate account or be commingled by Grantee with the general funds of Grantee. No interest on the funds contained in the Impound Account Account, if any, shall be paid by Grantee Mortgagee to Grantor. The Impound Account is solely for the protection of Grantee and entails no responsibility on Grantee's part beyond the payment of taxes, assessments and insurance premiums following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed by Grantee, any funds in the Impound Account shall be turned over to the assignee and any responsibility of Grantee, as assignor, with respect thereto shall terminate. If th total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee for the purposes of the Impound Account, such excess may be credited by Grantee on subsequent payments to be made hereunder or, at the option of Grantee, refunded to Grantor. If, however, the Impound Account shall not contain sufficient funds to pay the sums required when the same shall become due and payable, Grantor shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee the full amount of any such deficiency. If the Grantor shall fail to deposit with Grantee the full amount of such deficiency as provided above, Grantee shall have the option, but not the obligation, to make such deposit and all amounts so deposited by Grantee, together with interest thereon at the Default Interest Rate from the date incurred by Grantee until actually paid by Grantor, shall be immediately paid by Grantor on demand and shall be secured by this Security Deed and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under this Security Deed, Grantee may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby in whatever order Grantee shall subjectively determine. No such application of the Impound Account shall be deemed to cure any Default or Event of Default hereunder. Upon full payment of the indebtedness secured hereby in accordance with its terms or at such earlier time as Grantee may elect, the balance of the Impound Account then in Grantee's possession shall be paid over to Grantor and no other party shall have any right or claim theretoMortgagor.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Glimcher Realty Trust)

Tax and Insurance Impound Account. Grantor Mortgagor shall establish and maintain at all times while this Security Deed Mortgage continues in effect an impound account (the "Impound Account") with Grantee Mortgagee for payment of real estate taxes and assessments and insurance on the Property and as additional security for the indebtedness secured hereby. Simultaneously with the execution hereof, Grantor Mortgagor shall deposit in the Impound Account an amount determined by Grantee Mortgagee to be necessary to ensure that there will be on deposit with Grantee Mortgagee an amount which, when added to the monthly payments subsequently required to be deposited with Grantee Mortgagee hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee Mortgagee in the Impound Account an amount sufficient to pay the next due installment of real estate taxes and assessment on the Property at least one (1) month prior to the due date thereof and the next due annual insurance premiums with respect to the Property at least one (1) month prior to the due date thereof. Commencing on the first monthly payment date under the Note and continuing thereafter on each monthly payment date under the Note, Grantor Mortgagor shall pay to GranteeMortgagee, concurrently with and in addition to the monthly payment due under the Note and until the Note and all other indebtedness secured hereby is fully paid and performed, deposits in an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes and assessments that will next become due and payable on the Property, plus one-twelfth (1/12) of the amount of the annual premiums that will next become due and payable on insurance policies which Grantor Mortgagor is required to maintain hereunder, each as estimated and determined by GranteeMortgagee. So long as no Event of Default (as hereinafter defined), or event which with the passage of time, the giving of notice, or both, would constitute an Event of Default (a "Default") hereunder or under the other Loan Documents has occurred and is continuing, all sums in the Impound Account shall be e held by Grante Mortgagee in the Impound Account to pay said taxes, assessments and insurance premiums before the same become delinquent. Grantor Mortgagor shall be responsible for ensuring the receipt by GranteeMortgagee, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxes, assessments and insurance premiums to be paid from the Impound Account, and so long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuing, Grantee Mortgagee shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee Mortgagee shall be entitled to rely on any xxxxbill, statement or estimate estixxxx procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such xxxxbill, statement or estimate esxxxxte and without any inquiry into the accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at GranteeMortgagee's option and in GranteeMortgagee's discretion, may either be held in a separate account or be commingled by Grantee Mortgagee with the general funds of GranteeMortgagee. No interest on the funds contained in the Impound Account shall be paid by Grantee Mortgagee to GrantorMortgagor. The Impound Account is solely for the protection of Grantee Mortgagee and entails no responsibility on GranteeMortgagee's part beyond the payment of taxes, assessments and insurance premiums following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed Mortgage by GranteeMortgagee, any funds in the Impound Account shall be turned over to the assignee and any responsibility of GranteeMortgagee, as assignor, with wih respect thereto shall terminate. If th the total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee Mortgagee for the purposes of the Impound Account, such excess may be credited by Grantee Mortgagee on subsequent payments to be made hereunder or, at the option of GranteeMortgagee, refunded to GrantorMortgagor. If, however, the Impound Account shall not contain sufficient funds to pay the sums required when the same shall become due and payable, Grantor Mortgagor shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee Mortgagee the full amount of any such deficiency. If the Grantor Mortgagor shall fail to deposit with Grantee Mortgagee the full amount of such deficiency as provided above, Grantee Mortgagee shall have the option, but not the obligation, to make such deposit and all amounts so deposited by GranteeMortgagee, together with interest thereon at the Default Interest Rate from the date incurred by Grantee Mortgagee until actually paid by GrantorMortgagor, shall be immediately paid by Grantor Mortgagor on demand and shall be secured by this Security Deed Mortgage and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under this Security DeedMortgage, Grantee Mortgagee may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby in whatever order Grantee Mortgagee shall subjectively determine. No such application of the Impound Account shall be deemed to cure any Default or Event of Default hereunder. Upon full payment of the indebtedness secured hereby in accordance with its terms or at such earlier time as Grantee Mortgagee may elect, the balance of the Impound Account then in GranteeMortgagee's possession shall be paid over to Grantor Mortgagor and no other party shall have any right or claim thereto.

Appears in 1 contract

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

Tax and Insurance Impound Account. If and when required by Beneficiary by notice to Grantor on or after the date hereof (it being acknowledged that the same is not required prior to the occurrence of an Event of Default hereunder), Grantor shall establish and maintain at all times while this Security Deed Instrument continues in effect an impound account (the "Impound Account") with Grantee Beneficiary for payment of real estate taxes and assessments and insurance on the Property and as additional security for the indebtedness secured hereby. Simultaneously with the execution hereof, Grantor shall deposit in the Impound Account an amount determined by Grantee Beneficiary to be necessary to ensure that there will be on deposit with Grantee an amount which, sufficient (when added to the monthly payments subsequently required to be deposited with Grantee hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee in the Impound Account an amount sufficient deposits described herein) to pay the next due annual installment of real estate taxes and assessment assessments on the Property at least one (1) month prior to the due delinquency date thereof and the next due annual insurance premiums with respect to the Property at least one (1) month prior to the due date thereof. Commencing on the first monthly payment date under the Note Upon requirement by Lender for establishment of such Impound Account, and continuing thereafter on each monthly payment date under the Note, Grantor shall pay to GranteeBeneficiary, concurrently with and in addition to the monthly payment due under the Note and until the Note and all other indebtedness secured hereby is fully paid and performedNote, deposits in an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes and assessments that will next become due and payable on the Property, plus one-twelfth (1/12) of the amount of the annual premiums that will next become due and payable on insurance policies which Grantor is required to maintain hereunder, each as estimated and determined by GranteeBeneficiary. So long as no Event of Default (as hereinafter defined), or event which with the passage of time, the giving of notice, or both, would constitute an Event of Default (a "Default") default hereunder or under the other Loan Documents has occurred and is continuing, all sums in the Impound Account shall be held by Grante Beneficiary in the Impound Account to pay said taxes, assessments and insurance premiums in one installment before the same become delinquent. Grantor shall be responsible for ensuring the receipt by GranteeBeneficiary, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxes, assessments and insurance premiums to be paid from the Impound Account, and so long as no Default or Event of Default default hereunder or under the other Loan Documents has occurred and is continuing, Grantee Beneficiary shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee Beneficiary shall be entitled to rely on any xxxx, statement or estimate procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such xxxx, statement or estimate and without any inquiry into the accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at Grantee's option and in Grantee's discretion, may either be held in a separate account or be commingled by Grantee with the general funds of Grantee. No interest on the funds contained in the Impound Account shall be paid by Grantee Beneficiary to Grantor. The Impound Account is solely for the protection of Grantee Grantor and entails no responsibility any interest or other earnings on Grantee's part beyond the payment of taxes, assessments and insurance premiums following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed by Grantee, any funds deposited in the Impound Account shall be turned over to solely for the assignee and any responsibility account of Grantee, as assignor, with respect thereto shall terminateBeneficiary. If th the total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee Beneficiary for the purposes of the Impound Account, such excess may be credited by Grantee Beneficiary on subsequent payments to be made hereunder or, at the option of GranteeBeneficiary, refunded to Grantor. If, however, the Impound Account shall not contain sufficient funds to pay the sums required when the same shall become due and payable, Grantor shall, within the earlier to occur of ten (10) days after receipt of written notice thereofthereof and two (2) Business Days prior to the tax due date, deposit with Grantee Beneficiary the full amount of any such deficiency. If the Grantor shall fail to deposit with Grantee the full amount of such deficiency as provided above, Grantee shall have the option, but not the obligation, to make such deposit and all amounts so deposited by Grantee, together with interest thereon at the Default Interest Rate from the date incurred by Grantee until actually paid by Grantor, shall be immediately paid by Grantor on demand and shall be secured by this Security Deed and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under this Security Deed, Grantee may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby in whatever order Grantee shall subjectively determine. No such application of the Impound Account shall be deemed to cure any Default or Event of Default hereunder. Upon full payment of the indebtedness secured hereby in accordance with its terms or at such earlier time as Grantee may elect, the balance of the Impound Account then in Grantee's possession shall be paid over to Grantor and no other party shall have any right or claim thereto.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Cornerstone Growth & Income REIT, Inc.)

Tax and Insurance Impound Account. Grantor Borrower shall establish and maintain at all times while this Security Deed continues in effect an impound account (the "Impound Account") with Grantee Lender for payment of real estate taxes and assessments and insurance on the Property and as additional security for the indebtedness secured hereby. Simultaneously with the execution hereof, Grantor Borrower shall deposit in the Impound Account an amount determined by Grantee Lender to be necessary to ensure that there will be on deposit with Grantee an amount which, sufficient (when added to the monthly payments subsequently required to be deposited with Grantee hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee in the Impound Account an amount sufficient deposits described herein) to pay the next due annual installment of real estate taxes and assessment assessments on the Property at least one (1) month prior to the due delinquency date thereof and the next due annual insurance premiums with respect to the Property at least one (1) month prior to the due date thereof. Commencing on the first monthly payment date under the Note Notes and continuing thereafter on each monthly payment date under the NoteNotes, Grantor Borrower shall pay to GranteeLender, concurrently with and in addition to the monthly payment due under the Note and until the Note and all other indebtedness secured hereby is fully paid and performedNotes, deposits in an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes and assessments that will next become due and payable on the Property, plus one-twelfth (1/12) of the amount of the annual premiums that will next become due and payable on insurance policies which Grantor Borrower is required to maintain hereunder, each as estimated and determined by GranteeLender. So long as no Event of Default (as hereinafter defined), or event which with the passage of time, the giving of notice, or both, would constitute an Event of Default (a "Default") hereunder or under the other Loan Documents has occurred and is continuing, all All sums in the Impound Account shall be held by Grante Lender in the Impound Account to pay said taxes, assessments and insurance premiums in one installment before the same become delinquent. Grantor Borrower shall be responsible for ensuring the receipt by GranteeLender, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxes, assessments and insurance premiums to be paid from the Impound Account, and so long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuing, Grantee Lender shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee Lender shall be entitled to rely on any xxxxbill, statement xxxxement or estimate procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such xxxxbill, statement xxxxement or estimate and without any inquiry into the accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at Grantee's option and in Grantee's discretion, may either be held in a separate account or be commingled by Grantee with the general funds of Grantee. No interest on the funds contained in the Impound Account shall be paid by Grantee Lender to Grantor. The Impound Account is solely for the protection of Grantee Borrower and entails no responsibility any interest or other earnings on Grantee's part beyond the payment of taxes, assessments and insurance premiums following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed by Grantee, any funds deposited in the Impound Account shall be turned over to solely for the assignee and any responsibility account of Grantee, as assignor, with respect thereto shall terminateLender. If th the total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee Lender for the purposes of the Impound Account, such excess may be credited by Grantee Lender on subsequent payments to be made hereunder or, at the option of GranteeLender, refunded to GrantorBorrower. If, however, the Impound Account shall not contain sufficient funds to pay the sums required when the same shall become due and payable, Grantor Borrower shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee Lender the full amount of any such deficiency. If Notwithstanding anything to the Grantor shall fail to deposit with Grantee the full amount of such deficiency as provided above, Grantee shall have the option, but not the obligation, to make such deposit and all amounts so deposited by Grantee, together with interest thereon at the Default Interest Rate from the date incurred by Grantee until actually paid by Grantor, shall be immediately paid by Grantor on demand and shall be secured by this Security Deed and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under contrary contained in this Security Deed, Grantee mayincluding, but shall not be obligated towithout limitation, apply the provisions of this Section_1.6 hereof, at any time the balance then remaining in the Impound Account against the indebtedness secured hereby in whatever order Grantee shall subjectively determine. No such application of Borrower's option, its obligation to make monthly deposits into the Impound Account shall not include any amounts attributable to the premiums for insurance coverage required to be deemed carried on the Property pursuant to cure any Default or Event the terms of Default hereunder. Upon full payment of the indebtedness secured hereby in accordance with its terms or at such earlier time as Grantee may electthis Security Deed, the balance of the Impound Account then in Grantee's possession shall be paid over to Grantor and no other party shall have any right or claim thereto.so long as:

Appears in 1 contract

Samples: Debt and Security Agreement (Sun Communities Inc)

Tax and Insurance Impound Account. Grantor Borrower shall establish and maintain at all times while this Security Deed of Trust continues in effect an impound account (the "Impound Account") with Grantee Lender for payment of real estate taxes and assessments and insurance on the Property and as additional security for the indebtedness secured hereby. Simultaneously with the execution hereof, Grantor Borrower shall deposit in the Impound Account an amount determined by Grantee Lender to be necessary to ensure that there will be on deposit with Grantee an amount which, sufficient (when added to the monthly payments subsequently required to be deposited with Grantee hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee in the Impound Account an amount sufficient deposits described herein) to pay the next due annual installment of real estate taxes and assessment assessments on the Property at least one (1) month prior to the due delinquency date thereof and the next due annual insurance premiums with respect to the Property at least one (1) month prior to the due date thereof. Commencing on the first monthly payment date under the Note Notes and continuing thereafter on each monthly payment date under the NoteNotes, Grantor Borrower shall pay to GranteeLender, concurrently with and in addition to the monthly payment due under the Note and until the Note and all other indebtedness secured hereby is fully paid and performedNotes, deposits in an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes and assessments that will next become due and payable on the Property, plus one-twelfth (1/12) of the amount of the annual premiums that will next become due and payable on insurance policies which Grantor Borrower is required to maintain hereunder, each as estimated and determined by GranteeLender. So long as no Event of Default (as hereinafter defined), or event which with the passage of time, the giving of notice, or both, would constitute an Event of Default (a "Default") hereunder or under the other Loan Documents has occurred and is continuing, all All sums in the Impound Account shall be held by Grante Lender in the Impound Account to pay said taxes, assessments and insurance premiums in one installment before the same become delinquent. Grantor Borrower shall be responsible for ensuring the receipt by GranteeLender, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxes, assessments and insurance premiums to be paid from the Impound Account, and so long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuing, Grantee Lender shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee Lender shall be entitled to rely on any xxxxbill, statement or estimate procured from the appropriate public office or offixx xr insurance company or agent without any inquiry into the accuracy of such xxxxbill, statement or estimate and without any inquiry into the accuracy, validityxxlidity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at Grantee's option and in Grantee's discretion, may either be held in a separate account or be commingled by Grantee with the general funds of Grantee. No interest on the funds contained in the Impound Account shall be paid by Grantee Lender to Grantor. The Impound Account is solely for the protection of Grantee Borrower and entails no responsibility any interest or other earnings on Grantee's part beyond the payment of taxes, assessments and insurance premiums following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed by Grantee, any funds deposited in the Impound Account shall be turned over to solely for the assignee and any responsibility account of Grantee, as assignor, with respect thereto shall terminateLender. If th the total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee Lender for the purposes of the Impound Account, such excess may be credited by Grantee Lender on subsequent payments to be made hereunder or, at the option of GranteeLender, refunded to GrantorBorrower. If, however, the Impound Account shall not contain sufficient funds to pay the sums required when the same shall become due and payable, Grantor Borrower shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee Lender the full amount of any such deficiency. If Notwithstanding anything to the Grantor shall fail to deposit with Grantee contrary contained in this Deed of Trust, including, without limitation, the full amount provisions of such deficiency as provided abovethis Section 1.6 hereof, Grantee shall have the at Borrower's option, but not the obligation, its obligation to make such deposit and all amounts so deposited by Grantee, together with interest thereon at the Default Interest Rate from the date incurred by Grantee until actually paid by Grantor, shall be immediately paid by Grantor on demand and shall be secured by this Security Deed and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under this Security Deed, Grantee may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby in whatever order Grantee shall subjectively determine. No such application of monthly deposits into the Impound Account shall not include any amounts attributable to the premiums for insurance coverage required to be deemed carried on the Property pursuant to cure any Default or Event the terms of Default hereunder. Upon full payment this Deed of the indebtedness secured hereby in accordance with its terms or at such earlier time as Grantee may electTrust, the balance of the Impound Account then in Grantee's possession shall be paid over to Grantor and no other party shall have any right or claim thereto.so long as:

Appears in 1 contract

Samples: Sun Communities Inc

Tax and Insurance Impound Account. Grantor (a) Borrower shall establish and maintain with Lender at all times while this Security Deed Mortgage continues in effect an impound account (the "Impound Account") with Grantee for payment of real estate taxes Taxes and assessments Other Charges and insurance for the premiums on the insurance required to be maintained with respect to Borrower and the Property (“Insurance Premiums”) and as additional security for the indebtedness secured herebyObligations. Simultaneously In addition to the initial deposit to the Impound Account required simultaneously with the execution hereof, Grantor shall deposit in the Impound Account an amount determined by Grantee to be necessary to ensure that there will be on deposit with Grantee an amount which, when added to the monthly payments subsequently required to be deposited with Grantee hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee in the Impound Account an amount sufficient to pay the next due installment of real estate taxes and assessment on the Property at least one (1) month prior to the due date thereof and the next due annual insurance premiums with respect to the Property at least one (1) month prior to the due date thereof. Commencing commencing on the first monthly payment date under Payment Date (as defined in the Note Note) and continuing thereafter on each monthly payment date under the Note, Grantor shall pay to Grantee, concurrently with and in addition to the monthly payment due under the Note and Payment Date until the Note and all other indebtedness secured hereby is Obligations are fully paid and performed, deposits in Borrower shall pay to Lender, for deposit to the Impound Account, an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes Taxes and assessments Other Charges that will next become due and payable on the Property, plus one-twelfth (1/12) of the amount of the annual premiums Insurance Premiums that will next become due and payable on insurance policies which Grantor is required to maintain hereunderpayable, each as estimated and determined by GranteeLender. So long as no Event event occurs, and no state of Default (as hereinafter defined)facts exists, or event which which, with the giving of notice and/or the passage of time, the giving of notice, or both, would constitute an Event of Default (as defined in Section 2.1 hereunder) (such event or state of facts, a "Default") hereunder or under the other Loan Documents has occurred and is continuing, all sums in the Impound Account shall be held by Grante Lender in the Impound Account to pay said taxesTaxes and Other Charges, assessments in periodic installments, and insurance premiums Insurance Premiums in one annual installment, in each case, before the same become delinquent. Grantor Borrower shall be responsible for ensuring the receipt by GranteeLender, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxesTaxes and Other Charges, assessments and insurance premiums to be paid from the Impound Accountall Insurance Premiums, and so long as no Default or Event of Default hereunder or under the other Loan Documents has occurred and is continuing, Grantee Lender shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee Lender shall be entitled to rely on any xxxx, statement or estimate procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such xxxx, statement or estimate and without any inquiry into the accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at Grantee's Lender’s option and in Grantee's Lender’s discretion, may either be held in a separate account or be commingled by Grantee Lender with the general funds of GranteeLender. No interest on the funds contained in the Impound Account shall be paid by Grantee Lender to GrantorBorrower. The Impound Account is solely for the protection of Grantee Lender and entails no responsibility on Grantee's Lender’s part beyond the payment of taxesTaxes and Other Charges, assessments and insurance premiums of Insurance Premiums, following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed Mortgage by GranteeLender, any funds in the Impound Account shall be turned over to the assignee and upon such delivery any responsibility of GranteeLender, as assignor, with respect thereto shall terminate. If th the total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee Lender for the purposes of the Impound Account, such excess may be credited by Grantee Lender on subsequent payments to be made hereunder or, at the option of GranteeLender, refunded to GrantorBorrower. IfIf at any time Lender determines that, howeverwith the making of all monthly deposits to the Impound Account when due, the Impound Account shall nonetheless would not contain sufficient funds to pay the sums required when next due periodic installments of all Taxes and Other Charges at least 30 days prior to the same shall become delinquency date thereof, or to pay the next due and payableannual Insurance Premiums at least 30 days prior to the due date thereof, Grantor Borrower shall, within ten (10) days after receipt of written notice thereof, deposit with Grantee Lender the full amount of any such deficiency. If the Grantor Borrower shall fail to deposit with Grantee Lender the full amount of such deficiency as provided above, Grantee Lender shall have the option, but not the obligation, to make such deposit and all amounts so deposited by GranteeLender, together with interest thereon at the Default Interest Rate from the date incurred by Grantee Lender until actually paid by GrantorBorrower, shall be immediately paid by Grantor Borrower on demand and shall be secured by this Security Deed and by all demand. At any time during the continuance of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under this Security DeedDefault, Grantee Lender may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby Obligations in whatever order Grantee Lender shall subjectively determine. No such application of the Impound Account shall be deemed to cure any Default or Event of Default hereunder, and any such application shall not limit Borrower’s obligation to deposit any deficiency of which Lender gives notice. Upon full payment of the indebtedness secured hereby Obligations in accordance with its terms or at such earlier time as Grantee Lender may elect, the balance of the Impound Account then in Grantee's Lender’s possession shall be paid over to Grantor Borrower and no other party shall have any right or claim thereto.

Appears in 1 contract

Samples: And Security Agreement (Gsi Commerce Inc)

Tax and Insurance Impound Account. Grantor If and when required by Lender by notice to Borrower on or after the date hereof (it being acknowledged that the same is not required prior to the occurrence of an Event of Default hereunder), Borrower shall establish and maintain at all times while this Security Deed Instrument continues in effect an impound account (the "Impound Account") with Grantee Lender for payment of real estate taxes and assessments and insurance on the Property and as additional security for the indebtedness secured hereby. Simultaneously with the execution hereof, Grantor Borrower shall deposit in the Impound Account an amount determined by Grantee Lender to be necessary to ensure that there will be on deposit with Grantee an amount which, sufficient (when added to the monthly payments subsequently required to be deposited with Grantee hereunder on account of real estate taxes, assessments and insurance premiums, will result in there being on deposit with Grantee in the Impound Account an amount sufficient deposits described herein) to pay the next due annual installment of real estate taxes and assessment assessments on the Property at least one (1) month prior to the due delinquency date thereof and the next due annual insurance premiums with respect to the Property at least one (1) month prior to the due date thereof. Commencing on the first monthly payment date under the Note Upon requirement by Lender for establishment of such Impound Account, and continuing thereafter on each monthly payment date under the Note, Grantor Borrower shall pay to GranteeLender, concurrently with and in addition to the monthly payment due under the Note and until the Note and all other indebtedness secured hereby is fully paid and performedNote, deposits in an amount equal to one-twelfth (1/12) of the amount of the annual real estate taxes and assessments that will next become due and payable on the Property, plus one-twelfth (1/12) of the amount of the annual premiums that will next become due and payable on insurance policies which Grantor Borrower is required to maintain hereunder, each as estimated and determined by GranteeLender. So long as no Event of Default (as hereinafter defined), or event which with the passage of time, the giving of notice, or both, would constitute an Event of Default (a "Default") default hereunder or under the other Loan Documents has occurred and is continuing, all sums in the Impound Account shall be held by Grante Lender in the Impound Account to pay said taxes, assessments and insurance premiums in one installment before the same become delinquent. Grantor Borrower shall be responsible for ensuring the receipt by GranteeLender, at least thirty (30) days prior to the respective due date for payment thereof, of all bills, invoices and statements for all taxes, assessments and insurance premiums to be paid from the Impound Account, and so long as no Default or Event of Default default hereunder or under the other Loan Documents has occurred and is continuing, Grantee Lender shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account. In making any payment from the Impound Account, Grantee Lender shall be entitled to rely on any xxxxbxxx, statement or estimate procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such xxxxbxxx, statement or estimate and without any inquiry into the accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at Grantee's option and in Grantee's discretion, may either be held in a separate account or be commingled by Grantee with the general funds of Grantee. No interest on the funds contained in the Impound Account shall be paid by Grantee Lender to Grantor. The Impound Account is solely for the protection of Grantee Borrower and entails no responsibility any interest or other earnings on Grantee's part beyond the payment of taxes, assessments and insurance premiums following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. Upon assignment of this Security Deed by Grantee, any funds deposited in the Impound Account shall be turned over to solely for the assignee and any responsibility account of Grantee, as assignor, with respect thereto shall terminateLender. If th the total funds in the Impound Account shall exceed the amount of payments actually applied by Grantee Lender for the purposes of the Impound Account, such excess may be credited by Grantee Lender on subsequent payments to be made hereunder or, at the option of GranteeLender, refunded to GrantorBorrower. If, however, the Impound Account shall not contain sufficient funds to pay the sums required when the same shall become due and payable, Grantor Borrower shall, within the earlier to occur of ten (10) days after receipt of written notice thereofthereof and two (2) Business Days prior to the tax due date, deposit with Grantee Lender the full amount of any such deficiency. If the Grantor shall fail to deposit with Grantee the full amount of such deficiency as provided above, Grantee shall have the option, but not the obligation, to make such deposit and all amounts so deposited by Grantee, together with interest thereon at the Default Interest Rate from the date incurred by Grantee until actually paid by Grantor, shall be immediately paid by Grantor on demand and shall be secured by this Security Deed and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is an Event of Default under this Security Deed, Grantee may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness secured hereby in whatever order Grantee shall subjectively determine. No such application of the Impound Account shall be deemed to cure any Default or Event of Default hereunder. Upon full payment of the indebtedness secured hereby in accordance with its terms or at such earlier time as Grantee may elect, the balance of the Impound Account then in Grantee's possession shall be paid over to Grantor and no other party shall have any right or claim thereto.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Cornerstone Core Properties REIT, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.