Common use of Unsecured Portion of Indebtedness Clause in Contracts

Unsecured Portion of Indebtedness. If any part of the Debt cannot be lawfully secured by this Mortgage or if any part of the Property cannot be lawfully subject to the lien and security interest hereof to the full extent of such indebtedness, then all payments made shall be applied on said indebtedness first in discharge of that portion thereof which is unsecured by this Mortgage.

Appears in 10 contracts

Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Resource Real Estate Opportunity REIT, Inc.), Mortgage, Security Agreement and Fixture Filing (Industrial Income Trust Inc.), Mortgage and Security Agreement (Industrial Income Trust Inc.)

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Unsecured Portion of Indebtedness. If any part of the Debt secured indebtedness cannot be lawfully secured by this Mortgage or if any part of the Property cannot be lawfully subject to the lien and security interest hereof to the full extent of such indebtedness, then all payments made shall be applied on said indebtedness first in discharge of that portion thereof which is unsecured by this Mortgage.

Appears in 7 contracts

Samples: Mortgage (Craftmade International Inc), Mortgage and Security Agreement (Corporate Property Associates 16 Global Inc), Mortgage and Security Agreement (Usa Detergents Inc)

Unsecured Portion of Indebtedness. If any part of the Debt cannot be lawfully secured by this Mortgage Deed of Trust or if any part of the Property cannot be lawfully subject to the lien and security interest hereof to the full extent of such indebtedness, then all payments made shall be applied on said indebtedness first in discharge of that portion thereof which is unsecured by this MortgageDeed of Trust.

Appears in 7 contracts

Samples: Deed of Trust, Security Agreement and Fixture Filing (Campus Crest Communities, Inc.), Deed of Trust, Security Agreement and Fixture Filing (Campus Crest Communities, Inc.), Deed of Trust, Security Agreement and Fixture Filing (KBS Real Estate Investment Trust, Inc.)

Unsecured Portion of Indebtedness. If any part of the Debt cannot be lawfully secured by this Mortgage or if any part of the Mortgaged Property cannot be lawfully subject to the lien and security interest hereof to the full extent of such indebtedness, then all payments made shall be applied on said indebtedness first in discharge of that portion thereof which is unsecured by this Mortgage.

Appears in 7 contracts

Samples: Mortgage and Security Agreement (American Realty Capital New York Recovery Reit Inc), Mortgage Consolidation and Modification Agreement (American Realty Capital New York Recovery Reit Inc), Mortgage and Security Agreement (Apple Hospitality Two Inc)

Unsecured Portion of Indebtedness. If any part of the Debt Obligations cannot be lawfully secured by this Mortgage or if any part of the Property cannot be lawfully subject to the lien and security interest hereof to the full extent of such indebtedness, then all payments made shall be applied on said indebtedness first in discharge of that portion thereof which is unsecured by this Mortgage.

Appears in 5 contracts

Samples: Mortgage Agreement (Talon Real Estate Holding Corp.), Mortgage, Assignment of Leases and Rents and Security Agreement (Gsi Commerce Inc), Open End Mortgage, Assignment of Leases and Rents and Security Agreement (Gladstone Commercial Corp)

Unsecured Portion of Indebtedness. If any part of the Debt cannot be lawfully secured by this Mortgage Deed of Trust or if any part of the Trust Property cannot be lawfully subject to the lien and security interest hereof to the full extent of such indebtedness, then all payments made shall be applied on said indebtedness first in discharge of that portion thereof which is unsecured by this MortgageDeed of Trust.

Appears in 3 contracts

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

Unsecured Portion of Indebtedness. If any part of the Debt cannot be lawfully secured by this Mortgage Security Deed or if any part of the Property cannot be lawfully subject to the lien and security interest hereof to the full extent of such indebtedness, then all payments made shall be applied on said indebtedness first in discharge of that portion thereof which is unsecured by this MortgageSecurity Deed.

Appears in 2 contracts

Samples: Deed to Secure Debt, Security Agreement and Fixture Filing (Campus Crest Communities, Inc.), Deed to Secure Debt, Security Agreement and Fixture Filing (NNN Healthcare/Office REIT, Inc.)

Unsecured Portion of Indebtedness. If any part of the Debt secured indebtedness cannot be lawfully secured by this Mortgage or if any part of the Property cannot be lawfully subject to the lien and security interest hereof to the full extent of such indebtedness, then all payments made shall be applied on said indebtedness first in discharge of that portion thereof there of which is unsecured by this Mortgage.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Showboat Inc)

Unsecured Portion of Indebtedness. If any part of the Debt secured indebtedness cannot be lawfully secured by this Mortgage or if any part of the Property cannot be lawfully subject to the lien and security interest hereof to the full extent of such indebtedness, then all payments made shall be applied on said indebtedness indebtedness, to the extent legally permissible, first in discharge of that portion thereof which is unsecured by this Mortgage.

Appears in 1 contract

Samples: Leasehold Mortgage, Security Agreement and Financing Statement (Taubman Centers Inc)

Unsecured Portion of Indebtedness. If any part of the Debt cannot be lawfully secured by this Mortgage Deed of Trust or if any part of the Mortgaged Property cannot be lawfully subject to the lien and security interest hereof to the full extent of such indebtedness, then all payments made shall be applied on said indebtedness first in discharge of that portion thereof which is unsecured by this MortgageDeed of Trust.

Appears in 1 contract

Samples: Deed of Trust (Innkeepers Usa Trust/Fl)

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Unsecured Portion of Indebtedness. If any part of the Debt cannot be lawfully secured by this Mortgage the Debentures or if any part of the any Individual Property cannot be lawfully subject to the lien and security interest hereof of the related Debenture to the full extent of such indebtedness, then all payments made shall be applied on said indebtedness first in discharge of that portion thereof which is unsecured not secured by this Mortgagea Debenture.

Appears in 1 contract

Samples: Loan Agreement (CNL Income Properties Inc)

Unsecured Portion of Indebtedness. If any part of the Debt cannot be lawfully secured by this the Mortgage or if any part of the Property cannot be lawfully subject to the lien and security interest hereof thereof to the full extent of such indebtedness, then all payments made shall be applied on said indebtedness first in discharge of that portion thereof which is unsecured by this the Mortgage.

Appears in 1 contract

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

Unsecured Portion of Indebtedness. If any part of the Debt cannot be lawfully secured by this Mortgage or if any part of the Mortgaged Property cannot be lawfully subject to the lien and security interest hereof to the full extent of such indebtedness, then all payments made shall be applied on said indebtedness first in discharge of that portion thereof which that is unsecured by this Mortgage.

Appears in 1 contract

Samples: Mortgage and Security Agreement (General Host Corp)

Unsecured Portion of Indebtedness. If any part of the Debt cannot --------------------------------- be lawfully secured by this Mortgage Deed of Trust or if any part of the Trust Property cannot be lawfully subject to the lien and security interest hereof to the full extent of such indebtedness, then all payments made shall be applied on said indebtedness first in discharge of that portion thereof which is unsecured by this MortgageDeed of Trust.

Appears in 1 contract

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

Unsecured Portion of Indebtedness. If any part of the Debt secured --------------------------------- indebtedness cannot be lawfully secured by this Mortgage or if any part of the Property cannot be lawfully subject to the lien and security interest hereof to the full extent of such indebtedness, then all payments made shall be applied on said indebtedness first in discharge of that portion thereof which is unsecured by this Mortgage.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Cardiac Control Systems Inc)

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