The Mortgaged Property. Borrower Information includes: (i) representations and warranties made in the Loan Documents, (ii) financial statements of Borrower, any SPE Equity Owner, any Designated Entity for Transfers or any Guarantor, and (iii) operating statements and rent rolls with respect to the Mortgaged Property. Borrower Information does not include any information provided directly to Lender or Loan Servicer by a third party such as an appraiser or an environmental consultant.
The Mortgaged Property pProviding a Guarantor’s estoppel, and entering into an indemnification agreement with Lender and any Indemnified Party of any Securitization that includes the Loan confirming Guarantor’s obligations under this Guaranty.
The Mortgaged Property. The “Mortgaged Property” consists of all of Mortgagor’s estate, right, title and interest in and to the following described property and property rights, whether now existing or hereafter acquired, including in any greater estate hereafter acquired, with references in this Mortgage to the Mortgaged Property to mean and include all or any portion of or interest in any of the Mortgaged Property:
The Mortgaged Property. (A) All of the land in the County of _________, State of ________, described on EXHIBIT A attached hereto and made a part hereof, to have and to hold the same, together with each and every tenement, hereditament, easement, right, power, privilege, immunity, and appurtenance thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, and also the estate, right, title, interest, homestead, right of dower, separate estate, property, possession, and claim whatsoever in law as well as in equity of Mortgagor of, in, and to the same in every part and parcel thereof unto Mortgagee in leasehold title pursuant to the lease described on EXHIBIT B attached hereto. The real property described on Exhibit A is commercial property and does not constitute the homestead of any individual.
(i) All personal property and fixtures now or hereafter affixed to or located on the property described in Paragraph A hereof which is deemed to be fixtures and a part of the real property under applicable law; (ii) all articles of personal property and all materials delivered to the property described in Paragraph A hereof for use in any way thereof, and owned by Mortgagor; (iii) all contract rights, general intangibles, actions, and rights in action, including, without limitation, all rights to insurance policies and proceeds; (iv) all equipment including, without limitation, parts, accessories, attachments, special tools, additions, and accessions thereto; and (v) all proceeds, products, replacements, additions, substitutions, renewals, and accessions of any of the foregoing items. This Mortgage is a self-operative security agreement with respect to the above described property, but Mortgagor agrees to execute and deliver on demand such other security agreements, financing statements, and other instruments as Mortgagee may request in order to perfect its security interest or to impose the lien hereof more specifically upon any of such property. Mortgagee shall have all the rights and remedies, in addition to those specified herein, of a secured party under the _________ Uniform Commercial Code.
(C) All rents, issues, profits, revenue, income, accounts, proceeds, and other benefits flowing or derived from the property described in Paragraphs (A) and (B) hereof, provided, however, that permission is hereby given to Mortgagor so long as no default has occurred hereunder, to collect, receive, and use such benefits from the property as they bec...
The Mortgaged Property. Save as disclosed in any Report on Title or otherwise in writing to the Security Trustee:-
(a) the Chargor is the legal and beneficial owner of the Mortgaged Property;
(b) to the best of the Chargor's knowledge, information and belief, there subsists no breach of any law or regulation which affects or might affect materially the value of the Mortgaged Property;
(c) there are no covenants, agreements, stipulations, reservations, conditions, interest, rights or other matters whatsoever affecting the Mortgaged Property;
(d) nothing has arisen or has been created or is subsisting which would be an overriding interest over the Mortgaged Property;
(e) to the best of the Chargor's knowledge, information and belief, no facilities necessary for the enjoyment and use of the Mortgaged Property are enjoyed by the Mortgaged Property on terms entitling any person to terminate or curtail its use;
(f) the Chargor has received no notice of any adverse claims by any person in respect of the ownership of the Mortgaged Property or any interest in it, nor has any acknowledgement been given to any person in respect of the Mortgaged Property; and
(g) the Mortgaged Property is free from any Security Interest or any tenancies or licences, except as permitted by both the Senior Credit Agreement and the Junior Credit Agreement.
The Mortgaged Property. The fee simple estate in and to the land, being all of Mortgagor’s right, title and interest in and to that certain real property briefly described below and more particularly described in Exhibit “A” attached hereto and incorporated herein by reference, including, without limitation, all present and future rights to possession and use, and all present and future options and other rights appurtenant to the following: All that certain piece, parcel or lot of land, together with the improvements thereon, known as 000 Xxxxxx Xxxxxxxx Drive, West Columbia, South Carolina 29172, situate, lying and being in the Town of West Columbia, in the County of Lexington, in the State of South Carolina and being more particularly shown and designated as 52.42 acres on a plat of 420 Xxxxxx Brothers Drive, prepared for American Realty Capital II, LLC, by Xxxxx Xxxxxxxx, dated September 16, 2009, last revised October 15, 2009, and recorded in the office of the Register of Deeds for Lexington County, SC, in Record Book __________ at page ___________; and having the boundaries and measurements as shown on said plat, reference being craved thereto as often as necessary for a more complete and accurate legal description; TMS No. # 007997-04-008; and any increases and additions thereto (collectively, the “Land”) and all air space above the surface of the Land, with the tenements, hereditaments, appurtenances, privileges, easements, franchises, rights, appendages and immunities thereunto belonging or appertaining;
The Mortgaged Property. Borrower Information includes: (I) representations and warranties made in the Loan Documents, (II) financial statements of Borrower, any SPE Equity Owner, any Designated Entity for Transfers or any Guarantor, and (III) operating statements and rent rolls with respect to the Mortgaged Property. Borrower Information does not include any information provided directly to Lender or Loan Servicer by a third-party such as an appraiser or an environmental consultant. (B) “Indemnification Affiliate” of any Person means: (1) Any other individual or entity that is, directly or indirectly, one of the following: (I) In Control of the applicable Person.
The Mortgaged Property. The Issuer with full title guarantee and as continuing security grants in favour of the Trustee such charge and/or security interest as set out in the relevant Supplemental Trust Deed or separate security document in respect of the relevant Series.
The Mortgaged Property. That certain piece or parcel of land, more particularly bounded and described on Exhibit A, attached hereto and made a part hereof (the “Land”); TOGETHER WITH the buildings, foundations, structures and improvements (including all fixtures other than fixtures owned by tenants under the Leases (as hereinafter defined) and in which Mortgagor has no interest) now or hereafter located on or in the Land (collectively, the “Improvements”; the Land and Improvements are sometimes collectively referred to herein as the “Premises” or the “Development”); TOGETHER WITH all right, title and interest, if any, of Mortgagor in and to the streets and roads, opened or proposed, abutting the Land, all strips and gores within or adjoining the Land, the air space and right to use the air space above the Land, all rights of ingress and egress to and from the Land, all easements, rights of way, reversions, remainders, hereditaments, and appurtenances now or hereafter affecting the Premises, all royalties, rights and privileges appertaining to the use and enjoyment of the Premises, including all air, lateral support, alley, drainage, water, oil, gas, electric and mineral rights, all options to purchase or lease, and all other interests, estates or claims, at law or in equity, which Mortgagor now has or hereafter may acquire in or with respect to Premises (collectively, the “Appurtenances”); partitions, built-in cases, counters and other fixtures whether or not included in the foregoing enumeration (collectively, the “Fixtures”); TOGETHER WITH all right, title and interest of Xxxxxxxxx in and to any and all subsidy contracts with respect to the Development, including, without limitation, any subsidy contract with the federal government, the State of Connecticut, any town, city or municipal entity, or any other entity for the benefit of the Development or the tenants in the Development (collectively, the “Subsidy Contracts”); TOGETHER WITH all equipment, fittings, furniture, furnishings, appliances, apparatus, and machinery in which Mortgagor now or hereafter has a possessory, leasehold, title or other interest and now or hereafter installed in or on the Premises and all building materials, supplies and equipment now or hereafter delivered to the Premises and intended to be installed therein, other goods and personal property of whatever kind and nature now contained on or in or hereafter placed on or in the Premises and used or to be used in connection with the letting or operation...
The Mortgaged Property. GBP hereby covenants and agrees that, without the prior written approval of Select Energy, or as otherwise permitted in the Purchase Agreement, GBP (i) other than in the ordinary course of business and so long as any such transaction would not materially reduce or impair GBP's interest in the Mortgaged Property, will not, directly or indirectly, convey, assign, transfer, sell or otherwise dispose of all or any part of GBP's legal or beneficial interest in the Mortgaged Property, and (ii) will not create or permit to exist any Lien on its interest in the Mortgaged Property, which is superior to, or pari passu with, this Mortgage, other than the Senior Liens and Permitted Encumbrances.
