Examples of Absolute Assignment of Leases and Rents in a sentence
To secure, among other things, the payment and performance of all sums and obligations owing by Seller under the Loan, Seller has granted or will grant to the Administrative Agent as agent for the Lenders, a Construction Mortgage with Absolute Assignment of Leases and Rents, Security Agreement, Fixture Filing and Financing Statement (the “Mortgage”), covering Seller's interest in the Land and the Project, including the Property covered by this Agreement.
The Lender may, however, terminate the license by written Notice to the Borrower on certain conditions set forth in the Absolute Assignment of Leases and Rents.
Under the Absolute Assignment of Leases and Rents, the Borrower has assigned to the Lender, and to its successors and assigns, all of the Borrower’s right and title to, and interest in, the Leases, including all rights under the Leases and all benefits to be derived from them.
The Borrower shall not, without the prior written consent of the Lender, demolish, reconfigure, or materially alter the structural elements of the Improvements, unless such an action is the obligation of the Borrower under a Lease approved by Lender or for which the Lender's approval is not required under the Absolute Assignment of Leases and Rents.
This assignment is present and absolute, but under the terms of the Absolute Assignment of Leases and Rents, the Lender has granted the Borrower a conditional license to collect and use the Rents, and to exercise the rights assigned, in a manner consistent with the Obligations, all as more particularly set forth in the Absolute Assignment of Leases and Rents.
The form of AIMCO Loan Documents attached to the Contract as Exhibit I (Secured Promissory Note), Exhibit J (AIMCO Loan Security Instrument), Exhibit K (Absolute Assignment of Leases and Rents) and Exhibit M (Environmental Indemnity) shall be deleted and replaced with Exhibit I, Exhibit J, Exhibit K and Exhibit M attached to this Amendment.
Mortgagor acknowledges that, concurrently herewith, Mortgagor has executed and delivered to Lender, as additional security for the repayment of the Loan, an Absolute Assignment of Leases and Rents (the “Assignment”) pursuant to which Mortgagor has assigned to Lender interests in the leases of the Premises and the rents and income from the Premises.
This assignment is present and absolute and includes all rights conferred by RCW 7.28.230 and related laws, statutes and cases, as amended, but under the terms of the Absolute Assignment of Leases and Rents, the Lender has granted the Borrower a conditional license to collect and use the Rents, and to exercise the rights assigned, in a manner consistent with the Obligations, all as more particularly set forth in the Absolute Assignment of Leases and Rents.
Exhibit A to Open-End Mortgage with Absolute Assignment of Leases and Rents, Security Agreement and Fixture Filing executed by KBSII I-81 INDUSTRIAL PORTFOLIO TRUST, a Delaware statutory trust, as Mortgagor for the benefit of XXXXX FARGO BANK, NATIONAL ASSOCIATION, acting as Administrative Agent for certain lenders, as Mortgagee, dated as of February 8, 2011.
The term “Mortgage” shall mean that Mortgage, Security Agreement and Absolute Assignment of Leases and Rents of even date herewith, covering the Property, as hereinafter defined, and securing the payment of the Note and the payment and performance of all obligations specified in the Mortgage, the Loan Documents and this Loan Agreement, and evidencing a valid and enforceable lien on the Property.