Unsecured Obligations. No amounts which may become owing by Borrower to Lender under this ARTICLE VI or under any other provision of this Mortgage as a result of a breach of or violation of this ARTICLE VI shall be secured by this Mortgage. The obligations shall continue in full force and effect and any breach of this ARTICLE VI shall constitute an Event of Default. The lien of this Mortgage shall not secure (i) any obligations evidenced by or arising under the Indemnity Agreement ("Unsecured Obligations"), or (ii) any other obligations to the extent that they are the same or have the same effect as any of the Unsecured Obligations. The Unsecured Obligations shall continue in full force, and any breach or default of any such obligations shall constitute a breach or default under this Mortgage but the proceeds of any foreclosure sale shall not be applied against Unsecured Obligations. Nothing in this Section shall in any way limit or otherwise affect the right of Lender to obtain a judgment in accordance with applicable law for any deficiency in recovery of all obligations that are secured by this Mortgage following foreclosure, notwithstanding that the deficiency judgment may result from diminution in the value of the Property by reason of any event or occurrence pertaining to Hazardous Materials or any Requirements of Environmental Laws.
Appears in 6 contracts
Samples: Mortgage, Security Agreement (Florida East Coast Industries Inc), Mortgage, Security Agreement and Fixture Filing (Florida East Coast Industries Inc), Mortgage, Security Agreement and Fixture Filing (Florida East Coast Industries Inc)
Unsecured Obligations. No amounts which may become owing by Borrower to Lender under this ARTICLE VI or under any other provision of this Mortgage as a result of a breach of or violation of this ARTICLE VI shall be secured by this Mortgage. The obligations shall continue in full force and effect and any breach of this ARTICLE VI shall constitute an Event of Default. The lien of this Mortgage shall not secure (i) any obligations evidenced by or arising under the Indemnity Agreement ("“Unsecured Obligations"”), or (ii) any other obligations to the extent that they are the same or have the same effect as any of the Unsecured Obligations. The Unsecured Obligations shall continue in full force, and any breach or default of any such obligations shall constitute a breach or default under this Mortgage but the proceeds of any foreclosure sale shall not be applied against Unsecured Obligations. Nothing in this Section shall in any way limit or otherwise affect the right of Lender to obtain a judgment in accordance with applicable law for any deficiency in recovery of all obligations that are secured by this Mortgage following foreclosure, notwithstanding that the deficiency judgment may result from diminution in the value of the Property by reason of any event or occurrence pertaining to Hazardous Materials or any Requirements of Environmental Laws.
Appears in 4 contracts
Samples: Defined Terms (Florida East Coast Industries Inc), Defined Terms (Florida East Coast Industries Inc), Mortgage, Security Agreement and Fixture Filing (Florida East Coast Industries Inc)
Unsecured Obligations. No amounts which may become owing by Borrower Mortgagor to Lender Mortgagee under this ARTICLE Article VI or under any other provision of this Mortgage as a result of a breach of or violation of this ARTICLE Article VI shall be secured by this Mortgage. The obligations of Mortgagee under this Article VI shall nevertheless continue in full force and effect and any breach of this ARTICLE Article VI shall constitute an Event of DefaultDefault subject to the notice and cure periods provided in this Mortgage. The lien of this Mortgage shall not secure (ia) any obligations evidenced by or arising under the Unsecured Indemnity Agreement ("“Unsecured Obligations"”), or (iib) any other obligations to the extent that they are the same or have the same effect as any of the Unsecured Obligations. The Unsecured Obligations shall continue in full force, and any breach or default of any such obligations shall constitute a breach or default under this Mortgage but the proceeds of any foreclosure sale shall not be applied against Unsecured Obligations. Nothing in this Section shall in any way limit or otherwise affect the right of Lender Mortgagee to obtain a judgment in accordance with applicable law for any deficiency in recovery of all obligations that are secured by this Mortgage following foreclosure, notwithstanding that the deficiency judgment may result from diminution in the value of the Property by reason of any event or occurrence pertaining to Hazardous Materials or any Requirements of Environmental Laws.
Appears in 3 contracts
Samples: Mortgage, Security Agreement (Taubman Centers Inc), Mortgage, Security Agreement and Fixture Filing (Taubman Centers Inc), Mortgage, Security Agreement and Fixture Filing (Taubman Centers Inc)
Unsecured Obligations. No amounts which may become owing by Borrower Grantor to Lender Grantee under this ARTICLE Article VI or under any other provision of this Mortgage Deed To Secure Debt as a result of a breach of or violation of this ARTICLE Article VI shall be secured by this MortgageDeed To Secure Debt. The obligations shall continue in full force and effect and any breach of this ARTICLE Article VI shall constitute an Event of Default. The lien of this Mortgage Deed To Secure Debt shall not secure (i) any obligations evidenced by or arising under the Unsecured Indemnity Agreement ("Unsecured Obligations"), or (ii) any other obligations to the extent that they are the same or have the same effect as any of the Unsecured Obligations. The Unsecured Obligations shall continue in full force, and any breach or default of any such obligations shall constitute a breach or default under this Mortgage Deed To Secure Debt but the proceeds of any foreclosure sale shall not be applied against Unsecured Obligations. Nothing in this Section shall in any way limit or otherwise affect the right of Lender Grantee to obtain a judgment in accordance with applicable law for any deficiency in recovery of all obligations that are secured by this Mortgage Deed To Secure Debt following foreclosure, notwithstanding that the deficiency judgment may result from diminution in the value of the Property by reason of any event or occurrence pertaining to Hazardous Materials or any Requirements of Environmental Laws.
Appears in 2 contracts
Samples: Koger Equity Inc, Koger Equity Inc
Unsecured Obligations. No amounts which may become owing by Borrower Trustor to Lender Beneficiary under this ARTICLE Article VI or under any other provision of this Mortgage Deed of Trust as a result of a breach of or violation of this ARTICLE Article VI shall be secured by this MortgageDeed of Trust. The obligations shall continue in full force and effect and any breach of this ARTICLE Article VI shall constitute an Event of Default. The lien of this Mortgage Deed of Trust shall not secure (i) any obligations evidenced by or arising under the Indemnity Agreement ("“Unsecured Obligations"”), or (ii) any other obligations to the extent that they are the same or have the same effect as any of the Unsecured Obligations. The Unsecured Obligations shall continue in full force, and any breach or default of any such obligations shall constitute a breach or default under this Mortgage Deed of Trust but the proceeds of any foreclosure sale shall not be applied against Unsecured Obligations. Nothing in this Section shall in any way limit or otherwise affect the right of Lender Beneficiary to obtain a judgment in accordance with applicable law for any deficiency in recovery of all obligations that are secured by this Mortgage Deed of Trust following foreclosure, notwithstanding that the deficiency judgment may result from diminution in the value of the Property by reason of any event or occurrence pertaining to Hazardous Materials or any Requirements of Environmental Laws.
Appears in 2 contracts
Samples: Security Agreement and Fixture Filing (Strategic Hotels & Resorts, Inc), Management Agreement (Kilroy Realty, L.P.)
Unsecured Obligations. No amounts which may become owing by Borrower Trustor to Lender Beneficiary under this ARTICLE VI Article 6 or under any other provision of this Mortgage Deed of Trust as a result of a breach of or violation of this ARTICLE VI Article 6 shall be secured by this MortgageDeed of Trust. The obligations shall continue in full force and effect and any breach of this ARTICLE VI Article 6 shall constitute an Event a default under this Deed of DefaultTrust. The lien of this Mortgage Deed of Trust shall not secure (i) any obligations evidenced by or arising under the Indemnity Agreement ("Unsecured Obligations"), or (ii) any other obligations to the extent that they are the same or have the same effect as any of the Unsecured Obligations. The Unsecured Obligations shall continue in full force, and any breach or default of any such obligations shall constitute a breach or default under this Mortgage Deed of Trust but the proceeds of any foreclosure sale shall not be applied against Unsecured Obligations. Nothing in this Section shall in any way limit or otherwise affect the right of Lender Beneficiary to obtain a judgment in accordance with applicable law for any deficiency in recovery of all obligations that are secured by this Mortgage Deed of Trust following foreclosure, notwithstanding that the deficiency judgment may result from diminution in the value of the Property by reason of any event or occurrence pertaining to Hazardous Materials or any Requirements of Environmental Laws.
Appears in 2 contracts
Samples: Security Agreement and Fixture Filing (Maguire Properties Inc), Maguire Properties Inc
Unsecured Obligations. No amounts which may become owing by Borrower Grantor --------------------- to Lender Beneficiary under this ARTICLE Article VI or under any other provision of this Mortgage Deed of Trust as a result of a breach of or violation of this ARTICLE Article VI shall be secured by this MortgageDeed of Trust. The obligations shall continue in full force and effect and any breach of this ARTICLE Article VI shall constitute an Event of Default. The lien of this Mortgage Deed of Trust shall not secure (i) any obligations evidenced by or arising under the Unsecured Indemnity Agreement ("Unsecured Obligations"), or (ii) any other obligations to the extent that they are the same or have the same effect as any of the Unsecured Obligations. The Unsecured Obligations shall continue in full force, and any breach or default of any such obligations shall constitute a breach or default under this Mortgage Deed of Trust but the proceeds of any foreclosure sale shall not be applied against Unsecured Obligations. Nothing in this Section shall in any way limit or otherwise affect the right of Lender Beneficiary to obtain a judgment in accordance with applicable law for any deficiency in recovery of all obligations that are secured by this Mortgage Deed of Trust following foreclosureforeclosure (subject to Section 9.01), notwithstanding that the deficiency judgment may result from diminution in the value of the Property by reason of any event or occurrence pertaining to Hazardous Materials or any Requirements of Environmental Laws.
Appears in 1 contract
Unsecured Obligations. No amounts which may become owing by Borrower to Lender under this ARTICLE Article VI or under any other provision of this Mortgage as a result of a breach of or violation of this ARTICLE Article VI shall be secured by this Mortgage. The obligations shall continue in full force and effect and any breach of this ARTICLE VI Article VI, which is not cured within applicable notice and cure periods set forth in Section 11.01(b) below (except for Remedial Work for which applicable notice and cure period is set forth in Section 6.02 above), shall constitute an Event of Default. The lien of this Mortgage shall not secure (i) any obligations evidenced by or arising under the Unsecured Indemnity Agreement ("“Unsecured Obligations"”), or (ii) any other environmental obligations to the extent that they are the same or have the same effect as any of the Unsecured Obligations. The Unsecured Obligations shall continue in full force, and any breach or default of any such obligations shall constitute a breach or default under this Mortgage but the proceeds of any foreclosure sale shall not be applied against Unsecured Obligations. Nothing in this Section shall in any way limit or otherwise affect the right of Lender to obtain a judgment in accordance with applicable law for any deficiency in recovery of all obligations that are secured by this Mortgage following foreclosure, notwithstanding that the deficiency judgment may result from diminution in the value of the Property by reason of any event or occurrence pertaining to Hazardous Materials or any Requirements of Environmental Laws.
Appears in 1 contract
Samples: Mortgage, Security Agreement and Fixture Filing (Wells Real Estate Investment Trust Inc)
Unsecured Obligations. No amounts which may become owing by Borrower Grantor to Lender Beneficiary under this ARTICLE VI Article 6 or under any other provision of this Mortgage Deed of Trust as a result of a breach of or violation of this ARTICLE VI Article 6 shall be secured by this MortgageDeed of Trust. The obligations shall continue in full force and effect and any breach of this ARTICLE VI Article 6 shall constitute an Event a default under this Deed of DefaultTrust. The lien of this Mortgage Deed of Trust shall not secure (i1) any obligations evidenced by or arising under the Indemnity Agreement ("“Unsecured Obligations"”), or (ii) any other obligations to the extent that they are the same or have the same effect as any of the Unsecured Obligations. The Unsecured Obligations shall continue in full force, and any breach or default of any such obligations shall constitute a breach or default under this Mortgage Deed of Trust but the proceeds of any foreclosure sale shall not be applied against Unsecured Obligations. Nothing in this Section shall in any way limit or otherwise affect the right of Lender Beneficiary to obtain a judgment in accordance with applicable law for any deficiency in recovery of all obligations that are secured by this Mortgage Deed of Trust following foreclosure, notwithstanding that the deficiency judgment may result from diminution in the value of the Property by reason of any event or occurrence pertaining to Hazardous Materials or any Requirements of Environmental Laws.
Appears in 1 contract
Samples: Security Agreement (Wells Real Estate Investment Trust Inc)
Unsecured Obligations. No amounts which may become owing by Borrower Grantor to Lender Beneficiary under this ARTICLE VI or under any other provision of this Mortgage Deed of Trust as a result of a breach of or violation of this ARTICLE VI shall be secured by this MortgageDeed of Trust. The obligations shall continue in full force and effect and any breach of this ARTICLE VI shall constitute an Event of Default. The lien of this Mortgage Deed of Trust shall not secure (ia) any obligations evidenced by or arising under the Unsecured Indemnity Agreement ("Unsecured ObligationsUNSECURED OBLIGATIONS"), or (iib) any other obligations to the extent that they are the same or have the same effect as any of the Unsecured Obligations. The Unsecured Obligations shall continue in full force, and any breach or default of any such obligations shall constitute a breach or default under this Mortgage Deed of Trust but the proceeds of any foreclosure sale shall not be applied against Unsecured Obligations. Nothing in this Section shall in any way limit or otherwise affect the right of Lender Beneficiary to obtain a judgment in accordance with applicable law for any deficiency in recovery of all obligations that are secured by this Mortgage Deed of Trust following foreclosure, notwithstanding that the deficiency judgment may result from diminution in the value of the Property by reason of any event or occurrence pertaining to Hazardous Materials or any Requirements of Environmental Laws.
Appears in 1 contract
Samples: Washington Corp
Unsecured Obligations. No amounts which may become owing by Borrower to Lender under this ARTICLE Article VI or under any other provision of this Mortgage as a result of a breach of or violation of this ARTICLE Article VI shall be secured by this Mortgage. The obligations shall continue in full force and effect and any breach of this ARTICLE Article VI shall constitute an Event of Default. The lien of this Mortgage shall not secure (i) any obligations evidenced by or arising under the Indemnity Agreement ("Unsecured Obligations"), or (ii) any other obligations to the extent that they are the same or have the same effect as any of the Unsecured Obligations. The Unsecured Obligations shall continue in full force, and any breach or default of any such obligations shall constitute a breach or default under this Mortgage but the proceeds of any foreclosure sale shall not be applied against Unsecured Obligations. Nothing in this Section shall in any way limit or otherwise affect the right of Lender to obtain a judgment in accordance with applicable law for any deficiency in recovery of all obligations that are secured by this Mortgage following foreclosure, notwithstanding that the deficiency judgment may result from diminution in the value of the Property by reason of any event or occurrence pertaining to Hazardous Materials or any Requirements of Environmental Laws.
Appears in 1 contract
Unsecured Obligations. No amounts which may become owing by Borrower Grantor to Lender Beneficiary under this ARTICLE VI Article 6 or under any other provision of this Mortgage Deed of Trust as a result of a breach of or violation of this ARTICLE VI Article 6 shall be secured by this MortgageDeed of Trust. The obligations shall continue in full force and effect and any breach of this ARTICLE VI Article 6 shall constitute an Event a default under this Deed of DefaultTrust. The lien of this Mortgage Deed of Trust shall not secure (i) any obligations evidenced by or arising under the Indemnity Agreement ("“Unsecured Obligations"”), or (ii) any other obligations to the extent that they are the same or have the same effect as any of the Unsecured Obligations. The Unsecured Obligations shall continue in full force, and any breach or default of any such obligations shall constitute a breach or default under this Mortgage Deed of Trust but the proceeds of any foreclosure sale shall not be applied against Unsecured Obligations. Nothing in this Section shall in any way limit or otherwise affect the right of Lender Beneficiary to obtain a judgment in accordance with applicable law for any deficiency in recovery of all obligations that are secured by this Mortgage Deed of Trust following foreclosure, notwithstanding that the deficiency judgment may result from diminution in the value of the Property by reason of any event or or. occurrence pertaining to Hazardous Materials or any Requirements of Environmental Laws.
Appears in 1 contract
Samples: Defined Terms (Wells Real Estate Investment Trust Inc)
Unsecured Obligations. No amounts which may become owing by Borrower to Lender under this ARTICLE Article VI or under any other provision of this Mortgage as a result of a breach of or violation of this ARTICLE Article VI shall be secured by this Mortgage. The obligations shall continue in full force and effect and any breach of this ARTICLE Article VI shall constitute an Event of Default. The lien of this Mortgage shall not secure (i) any obligations evidenced by or arising under the Indemnity Agreement ("“Unsecured Obligations"”), or (ii) any other obligations to the extent that they are the same or have the same effect as any of the Unsecured Obligations. The Unsecured Obligations shall continue in full force, and any breach or default of any such obligations shall constitute a breach or default under this Mortgage but the proceeds of any foreclosure sale shall not be applied against Unsecured Obligations. Nothing in this Section shall in any way limit or otherwise affect the right of Lender to obtain a judgment in accordance with applicable law for any deficiency in recovery of all obligations that are secured by this Mortgage following foreclosure, notwithstanding that the deficiency judgment may result from diminution in the value of the Property by reason of any event or occurrence pertaining to Hazardous Materials or any Requirements of Environmental Laws.
Appears in 1 contract
Samples: Strategic Hotels & Resorts, Inc
Unsecured Obligations. No amounts which may become owing by Borrower --------------------- Mortgagor to Lender Mortgagee under this ARTICLE Article VI or under any other provision of ----------- this Mortgage as a result of a breach of or violation of this ARTICLE Article VI shall ---------- be secured by this Mortgage. The obligations of Mortgagee under this Article VI ---------- shall nevertheless continue in full force and effect and any breach of this ARTICLE Article VI shall constitute an Event of DefaultDefault subject to the notice and cure ---------- periods provided in this Mortgage. The lien of this Mortgage shall not secure (ia) any obligations evidenced by or arising under the Unsecured Indemnity Agreement ("Unsecured Obligations"), or (iib) any other obligations to the extent that they are the same or have the same effect as any of the Unsecured Obligations. The Unsecured Obligations shall continue in full force, and any breach or default of any such obligations shall constitute a breach or default under this Mortgage but the proceeds of any foreclosure sale shall not be applied against Unsecured Obligations. Nothing in this Section shall in any way limit or otherwise affect the right of Lender Mortgagee to obtain a judgment in accordance with applicable law for any deficiency in recovery of all obligations that are secured by this Mortgage following foreclosure, notwithstanding that the deficiency judgment may result from diminution in the value of the Property by reason of any event or occurrence pertaining to Hazardous Materials or any Requirements of Environmental Laws.
Appears in 1 contract
Unsecured Obligations. No amounts which may become owing by Borrower to Lender The obligations under this ARTICLE Article VI or under any other provision of this Mortgage as a result of a breach of or violation of this ARTICLE VI shall be secured by this Mortgage. The obligations shall continue in full force and effect and any breach of this ARTICLE Article VI shall constitute an Event of Default. The lien of this Mortgage shall not secure (i) any obligations evidenced by or arising under the Indemnity Agreement ("“Unsecured Obligations"”), or (ii) any other obligations to the extent that they are the same or have the same effect as any of the Unsecured Obligations. The Unsecured Obligations shall continue in full force, and any breach or default of any such obligations shall constitute a breach or default under this Mortgage but the proceeds of any foreclosure sale shall not be applied against Unsecured Obligations. Nothing in this Section shall in any way limit or otherwise affect the right of Lender to obtain a judgment in accordance with applicable law for any deficiency in recovery of all obligations that are secured by this Table of Contents Mortgage following foreclosure, notwithstanding that the deficiency judgment may result from diminution in the value of the Property by reason of any event or occurrence pertaining to Hazardous Materials or any Requirements of Environmental Laws.
Appears in 1 contract
Samples: Mortgage, Security Agreement and Fixture Filing (Strategic Hotels & Resorts, Inc)
Unsecured Obligations. No amounts which may become owing by Borrower Trustor to Lender Beneficiary under this ARTICLE Article VI or under any other provision of this Mortgage Deed of Trust as a result of a breach of or violation of this ARTICLE Article VI shall be secured by this MortgageDeed of Trust. The Notwithstanding the foregoing, the obligations shall continue in full force and effect and any breach of this ARTICLE Article VI shall constitute an Event of Default. The lien of this Mortgage Deed of Trust shall not secure (i) any obligations evidenced by or arising under the Indemnity Agreement ("“Unsecured Obligations"”), or (ii) any other obligations to the extent that they are the same or have the same effect as any of the Unsecured Obligations. The Unsecured Obligations shall continue in full force, and any breach or default of any such obligations shall constitute a breach or default under this Mortgage Deed of Trust but the proceeds of any foreclosure sale shall not be applied against Unsecured Obligations. Nothing in this Section shall in any way limit or otherwise affect the right of Lender Beneficiary to obtain a judgment in accordance with applicable law for any deficiency in recovery of all obligations that are secured by this Mortgage Deed of Trust following foreclosure, notwithstanding that the deficiency judgment may result from diminution in the value of the Property by reason of any event or occurrence pertaining to Hazardous Materials or any Requirements of Environmental Laws.
Appears in 1 contract
Samples: Security Agreement and Fixture Filing (Strategic Hotels & Resorts, Inc)
Unsecured Obligations. No amounts which may become owing by Borrower to Lender under this ARTICLE Article VI or under any other provision of this Mortgage Security Instrument as a result of a breach of or violation of this ARTICLE Article VI shall be secured by this MortgageSecurity Instrument. The obligations of Lender under this Article VI shall nevertheless continue in full force and effect and any breach of this ARTICLE Article VI shall constitute an Event of DefaultDefault subject to the notice and cure periods provided in this Security Instrument. The lien of this Mortgage Security Instrument shall not secure (ia) any obligations evidenced by or arising under the Unsecured Indemnity Agreement ("“Unsecured Obligations"”), or (iib) any other obligations to the extent that they are the same or have the same effect as any of the Unsecured Obligations. The Unsecured Obligations shall continue in full force, and any breach or default of any such obligations shall constitute a breach or default under this Mortgage Security Instrument but the proceeds of any foreclosure sale shall not be applied against Unsecured Obligations. Nothing in this Section shall in any way limit or otherwise affect the right of Lender to obtain a judgment in accordance with applicable law for any deficiency in recovery of all obligations that are secured by this Mortgage Security Instrument following foreclosure, notwithstanding that the deficiency judgment may result from diminution in the value of the Property by reason of any event or occurrence pertaining to Hazardous Materials or any Requirements of Environmental Laws.
Appears in 1 contract