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: Security Agreement and Fixture (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 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: , Security Agreement and Fixture Filing (Campus Crest Communities, Inc.), Management Agreement (Campus Crest Communities, Inc.), Management Agreement (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 and Security 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 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: Craftmade International Inc, Mortgage and Security Agreement (American International Petroleum Corp /Nv/), Mortgage and Security Agreement (Acadia Realty Trust)

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: And Security Agreement (Gladstone Commercial Corp), Rents and Security Agreement (Gladstone Commercial Corp), And Security Agreement (Gsi Commerce 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 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: Trust and Security Agreement (Cornerstone Realty Income Trust Inc), Trust, Security Agreement and Fixture Filing (Apple Suites Inc), 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: Security Agreement and Fixture Filing (Campus Crest Communities, Inc.), Debt, Security Agreement and Fixture Filing (NNN Healthcare/Office REIT, 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 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 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 (Taubman Centers 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: Promissory Note Clarification Agreement (Showboat Inc)

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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: Innkeepers Usa Trust/Fl

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 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 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 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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