Common use of TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN BORROWER; ASSUMPTION Clause in Contracts

TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN BORROWER; ASSUMPTION. Lender may, at its option, declare all sums secured by this Instrument to be immediately due and payable, and Lender may invoke any remedies permitted by Section 26 of this Instrument, if title to the Property is changed without the prior written consent of Lender, which consent shall be at Lender's sole discretion. Any transfer of any interest in the Property or in the income therefrom, by sale, lease (except for leases to tenants in the ordinary course of managing income property which are approved by Lender pursuant to Section 15 of this Instrument), contract, mortgage, deed of trust, further encumbrance or otherwise (including any such transfers as security for additional financing of the Property), and any change in the ownership interests in Borrower (including any transfer, pledge, assignment, or hypothecation of, or other change in the ownership interests of any legal entities which comprise or control Borrower), except transfers and changes in ownership by devise or descent, shall be considered a change of title. Lender shall have the right to condition its consent to any proposed sale or transfer described in this Section 17 upon, among other things, Lender's reasonable approval of the transferee's creditworthiness and management ability, and the transferee's execution, prior to the sale or transfer, of a written assumption agreement containing such terms as Lender may require, including, if required by Lender, the imposition of an assumption fee of one percent (1%) of the then outstanding balance of the Indebtedness. Consent by Lender to one transfer of the Property shall not constitute consent to subsequent transfers or waiver of the provisions of this Section 17. No transfer by Borrower shall relieve Borrower of liability for payment of the Indebtedness. Borrower shall pay any recording tax, recording cost, title insurance premium, attorneys' fees, or other third-party expenses incurred by Lender in connection with any transfer, whether or not consent is required.

TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN BORROWER; ASSUMPTION. Lender (a) GE CAPITAL may, at its option, declare all sums secured by this Instrument to be immediately due and payable, and Lender GE CAPITAL may invoke any remedies permitted by Section 26 of this Instrument, if title to the Property is changed transferred in any manner, whether directly or indirectly (except as otherwise expressly permitted by this Section 17), without the prior written consent of LenderGE CAPITAL, which consent shall be at LenderGE CAPITAL's sole discretion. Any transfer of any interest in the Property or in the income therefrom, by sale, lease (except for leases to tenants in the ordinary course of managing income property which are approved by Lender GE CAPITAL pursuant to Section 15 of this Instrument), contract, mortgage, deed of trust, further encumbrance or otherwise (including any such transfers as security for additional financing of the Property), and any change in the ownership interests in Borrower (including any transfer, pledge, assignment, or hypothecation of, or other change in the ownership interests of any legal entities which comprise or control Borrower), except transfers and changes in ownership by devise or descent, shall be considered a change transfer of titlethe Property which requires the prior written consent of GE CAPITAL. Lender GE CAPITAL shall have the right to condition its consent to any proposed sale or transfer of the Property described in this Section 17 upon, among other things, LenderGE CAPITAL's reasonable approval of the transferee's creditworthiness and management ability, and the transferee's execution, prior to the sale or transfer, of a written assumption agreement containing such terms as Lender GE CAPITAL may require, including, if required by LenderGE CAPITAL, the imposition of an assumption a transfer fee of one percent (1%) of the then outstanding balance of the Indebtedness. Consent by Lender to one transfer of the Property shall not constitute consent to subsequent transfers or waiver of the provisions of this Section 17. No transfer by Borrower shall relieve Borrower of liability for payment of the Indebtedness. Borrower shall pay any recording tax, recording cost, title insurance premium, attorneys' fees, or other third-party expenses incurred by Lender in connection with any transfer, whether or not consent is required.of

TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN BORROWER; ASSUMPTION. Lender METLIFE may, at its option, declare all sums secured by this Instrument to be immediately due and payable, and Lender METLIFE may invoke any remedies permitted by Section 26 of this Instrument, if title to the Property is changed without the prior written consent of LenderMETLIFE, which consent shall be at LenderMETLIFE's sole discretion. Any transfer of any interest in the Property or in the income therefrom, by sale, lease (except for leases to tenants in the ordinary course of managing income property which are approved by Lender METLIFE pursuant to Section 15 of this Instrument), contract, mortgage, deed of trust, further encumbrance or otherwise (including any such transfers as security for additional financing of the Property), and any change in the ownership interests in Borrower (including any transfer, pledge, assignment, or hypothecation of, or other change in the ownership interests of any legal entities which comprise or control Borrower), except transfers and changes in ownership by devise or descent, shall be considered a change of title. Lender METLIFE shall have the right to condition its consent to any proposed sale or transfer described in this Section 17 upon, among other things, LenderMETLIFE's reasonable approval of the transferee's creditworthiness and management ability, ability and the transferee's execution, prior to the sale or transfer, of a written assumption agreement containing such terms as Lender METLIFE may require, including, if required by LenderMETLIFE, the imposition of an assumption fee of one percent (1%) of the then outstanding balance of the Indebtedness. Consent by Lender to one transfer of the Property shall not constitute consent to subsequent transfers or waiver of the provisions of this Section 17. No transfer by Borrower shall relieve Borrower of liability for payment of the Indebtedness. Borrower shall pay any recording tax, recording cost, title insurance premium, attorneys' fees, or other third-party expenses incurred by Lender in connection with any transfer, whether or not consent is required.percent

TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN BORROWER; ASSUMPTION. Lender Bank may, at its option, declare all sums secured by this Instrument to be immediately due and payable, and Lender Bank may invoke any remedies permitted by Section 26 of this Instrument, if title to the Property is changed without the prior written consent of LenderBank, which consent shall be at LenderBank's sole discretion. Any transfer of any interest in the Property or in the income therefrom, by sale, lease (except for leases to tenants in the ordinary course of managing income property which are approved by Lender Bank pursuant to Section 15 of this Instrument), contract, mortgage, deed of trust, further encumbrance or otherwise (including any such transfers as security for additional financing of the Property), and any change in or transfer, assignment, hypothecation or pledge of any of the ownership interests in Borrower (including any change in or transfer, pledge, assignment, hypothecation or hypothecation of, or other change in pledge of any of the ownership interests of any legal entities which comprise or control Borrower), except transfers and changes in ownership by devise or descent, shall be considered a change of title. Lender Bank shall have the right to condition its consent to any proposed sale or transfer described in this Section 17 upon, among other things, LenderBank's reasonable approval of the transferee's creditworthiness and management ability, and the transferee's execution, prior to the sale or transfer, of a written assumption agreement containing such terms as Lender Bank may require, including, if required by LenderBank, the imposition of an assumption fee of one percent (1%) of the then outstanding balance of the Indebtedness. Consent by Lender Bank to one transfer of the Property shall not constitute consent to subsequent transfers or waiver of the provisions of this Section 17. No transfer by Borrower shall relieve Borrower of liability for payment of the Indebtedness. Borrower shall pay any recording tax, recording cost, title insurance premium, attorneys' fees, or other third-party expenses incurred by Lender in connection with any transfer, whether or not consent is required.

TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN BORROWER; ASSUMPTION. Lender METLIFE may, at its option, declare all sums secured by this Instrument to be immediately due and payable, and Lender METLIFE may invoke any remedies permitted by Section 26 of this Instrument, if title to the Property is changed without the prior written consent of LenderMETLIFE, which consent shall be at LenderMETLIFE's sole discretion. Any transfer of any interest in the Property or in the income therefrom, by sale, lease (except for leases to tenants in the ordinary course of managing income property which are approved by Lender METLIFE pursuant to Section 15 of this Instrument), contract, mortgage, deed of trust, further encumbrance or otherwise (including any such transfers as security for additional financing of the Property), and any change in the ownership interests in Borrower (including any transfer, pledge, assignment, or hypothecation of, or other change in the ownership interests of any legal entities which comprise or control Borrower), except transfers and changes in ownership by devise or descent, shall be considered a change of title. Lender METLIFE shall have the right to condition its consent to any proposed sale or transfer described in this Section 17 upon, among other things, LenderMETLIFE's reasonable approval of the transferee's creditworthiness and management ability, and the transferee's execution, prior to the sale or transfer, of a written assumption agreement containing such terms as Lender METLIFE may require, including, if required by LenderMETLIFE, the imposition of an assumption fee of one percent (1%) of the then outstanding balance of the Indebtedness. Consent by Lender METLIFE to one transfer of the Property shall not constitute consent to subsequent transfers or waiver of the provisions of this Section 17. No transfer by Borrower shall relieve Borrower of liability for payment of the Indebtedness. Borrower shall pay any recording tax, recording cost, title insurance premium, attorneys' attorneys= fees, or other third-party expenses incurred by Lender METLIFE in connection with any transfer, whether or not consent is required.

TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN BORROWER; ASSUMPTION. Lender Xxxx may, at its option, declare all sums secured by this Instrument to be immediately due and payable, and Lender Xxxx may invoke any remedies permitted by Section SECTION 26 of this Instrument, if title to any of the Property is changed without the prior written consent of LenderXxxx, which consent shall be at Lender's Xxxx'x sole discretion. Any transfer of any interest in any of the Property or in the income therefrom, by sale, lease (except for leases to tenants in the ordinary course of managing income producing property which are approved consented to by Lender Xxxx pursuant to Section SECTION 15 of this InstrumentInstrument or pursuant to that certain Assignment of Landlord's Interest in Leases, of even date herewith, executed by Xxxxxxxx for the benefit of Xxxx and which constitutes a Loan Document), contract, mortgage, deed of trust, further encumbrance or otherwise (including any such transfers as security for additional financing of the Property), and any change in or transfer, assignment, hypothecation or pledge of any of the ownership interests in Borrower (including any change in or transfer, pledge, assignment, hypothecation or hypothecation of, or other change in pledge of any of the ownership interests of any legal entities which comprise or control Borrower), except transfers and changes in ownership by devise or descent, shall be considered a change of title. Lender Without limitation of Xxxx'x right, in Xxxx'x sole discretion, to grant or refuse its consent to any transfer or change of title as described herein, Xxxx shall have the right to condition its consent to any proposed sale or transfer described in this Section SECTION 17 upon, among other things, Lender's reasonable Xxxx'x approval of the transferee's creditworthiness and management ability, and the transferee's execution, prior to the sale or transfer, of a written assumption agreement containing such terms as Lender Xxxx may require, including, if required by LenderXxxx, the imposition of an assumption a transfer fee of one percent (1%) of the then outstanding balance of the Indebtedness. Consent by Lender Xxxx to one transfer of the Property shall not constitute consent to subsequent transfers or waiver of the provisions of this Section SECTION 17. No transfer by Borrower Xxxxxxxx shall relieve Borrower of liability for payment of the Indebtedness. Borrower shall pay any recording tax, recording cost, title insurance premium, attorneys' fees, or other third-party expenses incurred by Lender in connection with any transfer, whether or not consent is required.