Accumulations. (a) Grantor made an initial deposit with either Lender or a mortgage servicer or financial institution designated or approved by Lender from time to time to receive, hold and disburse the Accumulations in accordance with this Section (the "ACCUMULATIONS DEPOSITORY") and in accordance with the Pledge and Security Agreement (the "Pledge and Security Agreement") to be entered into among Grantor, Lender and a pledge agent for the Accumulations Depository. On the first day of each calendar month during the Term Grantor will deposit with the Accumulations Depository an amount equal to one-twelfth (1/12) of the annual Taxes and Assessments as determined by Lender or its designee. At least 30 days before each Imposition Penalty Date, Grantor will deliver to the Accumulations Depository any bills and other documents that are necessary to pay the Taxes and Assessments. (b) The Accumulations will be applied to the payment of Taxes and Assessments. Any excess Accumulations after payment of Taxes and Assessments will be returned to Grantor or credited against future payments of the Accumulations, at Lender's election or as required by Law. If the Accumulations are not sufficient to pay Taxes and Assessments, Grantor will pay the deficiency to the Accumulations Depository within 5 days of demand. At any time after an Event of Default occurs, Lender may apply the Accumulations as a credit against any portion of the Obligations selected by Lender in its sole discretion. (c) The Accumulations Depository will hold the Accumulations as additional security for the Obligations until applied in accordance with the provisions of this Deed of Trust. If Lender is not the Accumulations Depository, the Accumulations Depository will deliver the Accumulations to Lender upon Lender's demand at any time after an Event of Default. (d) If the Property is sold or conveyed other than by foreclosure or transfer in lieu of foreclosure, all right, title and interest of Grantor to the Accumulations will automatically, and without necessity of further assignment, be held for the account of the new owner, subject to the provisions of this Section and Grantor will have no further interest in the Accumulations. (e) The Accumulations Depository has deposited the initial deposit and will deposit the monthly deposits into a separate interest bearing account in the name of Borrower, as pledged to the Lender as secured party, all in accordance with the Pledge and Security Agreement. (f) Lender has the right to pay, or to direct the Accumulations Depository to pay, any Taxes or Assessments unless Grantor is contesting the Taxes or Assessments in accordance with the provisions of this Deed of Trust, in which event any payment of the contested Taxes or Assessments will be made under protest in the manner prescribed by Law or, at Lender's election, will be withheld. (g) If Lender assigns this Deed of Trust, Lender will pay, or cause the Accumulations Depository to pay, the unapplied balance of the Accumulations to or at the direction of the assignee. Simultaneously with the payment, Lender and the Accumulations Depository will be released from all liability with respect to the Accumulations and Grantor will look solely to the assignee with respect to the Accumulations. When the Obligations have been fully satisfied, any unapplied balance of the Accumulations will be returned to Grantor.
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Accumulations. (a) Grantor In accordance with the Tax Pledge, Borrower made an initial deposit with either Lender or a mortgage servicer or financial institution designated or approved by Lender from time to time time, acting on behalf of Lender as Lender’s agent or otherwise such that Lender is the “customer”, as defined in the Uniform Commercial Code, of the depository bank with respect to the deposit account into which the Accumulations are deposited, to receive, hold and disburse the Accumulations in accordance with this Section the Tax Pledge (the "ACCUMULATIONS DEPOSITORY") and in accordance with the Pledge and Security Agreement (the "Pledge and Security Agreement") to be entered into among Grantor, Lender and a pledge agent for the “Accumulations DepositoryDepositary”). On the first day of each calendar month during the Term Grantor Term, Borrower will deposit with the Accumulations Depository Depositary an amount equal to one-twelfth (1/12) 1/12th of the annual Taxes and Assessments as determined by Lender or its designeeagent. At Except as otherwise required by the Tax Pledge, at least 30 thirty (30) days before each Imposition Penalty Date, Grantor Borrower will deliver to the Accumulations Depository Depositary any bills and other documents that are necessary to pay the Taxes and Assessments.. TIAA Authorization ID # AAA-7376; TIAA Inv. ID # 0006950 University Park Village Deed of Trust 15398858v.6 / 73828-000098
(b) The Accumulations will be applied to the payment of Taxes and Assessments. Any excess Accumulations after payment of Taxes and Assessments will be returned to Grantor Borrower or credited against future payments of the Accumulations, at Lender's ’s election or as required by Law. If the Accumulations are not sufficient to pay Taxes and Assessments, Grantor will except as otherwise required by the Tax Pledge, Borrower shall promptly pay the deficiency to the Accumulations Depository within 5 days of demand. At Depositary (any time after an Event of Default occursin any event, Lender may apply not less than 10 Business Days prior to the Accumulations as a credit against any portion of the Obligations selected by Lender in its sole discretionImposition Penalty Date).
(c) The Accumulations Depository Depositary will hold the Accumulations as additional security for the Obligations until applied in accordance with the provisions of this Deed of TrustTrust and the Tax Pledge. If Lender is not the Accumulations DepositoryDepositary, the Accumulations Depository Depositary will deliver the Accumulations to Lender upon Lender's ’s demand at any time after an Event of Default.
(d) If the Property is sold or conveyed other than by foreclosure or transfer in lieu of foreclosure, all right, title and interest of Grantor Borrower to the Accumulations will automatically, and without necessity of further assignment, be held for the account of the new owner, subject to the provisions of this Section and Grantor Borrower will have no further interest in the Accumulations.
(e) The Accumulations Depository Depositary has deposited the initial deposit and will deposit the monthly deposits into an account with a financial institution selected by Lender, which funds may be held in either a separate interest bearing account in the name of Borrower, as pledged to the Lender as secured partyor commingled account, all in accordance with the Pledge and Security AgreementTax Pledge. If Lender is the Accumulations Depositary, Lender shall have no obligation to pay interest on such Accumulations.
(f) Lender has the right to pay, or to direct the Accumulations Depository Depositary to pay, any Taxes or Assessments unless Grantor Borrower is contesting the Taxes or Assessments in accordance with the provisions of this Deed of Trust, in which event any payment of the contested Taxes or Assessments will be made under protest in the manner prescribed by Law or, at Lender's ’s election, will be withheld.
(g) If Lender assigns this Deed of Trust, Lender will pay, or cause the Accumulations Depository Depositary to pay, the unapplied balance of the Accumulations to or at the direction of the assignee. Simultaneously with the payment, Lender and the Accumulations Depository Depositary will be released from all liability with respect to the Accumulations and Grantor Borrower will look solely to the assignee with respect to the Accumulations. When the Obligations have been fully satisfied, any unapplied balance of the Accumulations will be returned to GrantorBorrower. At any time after an Event of Default occurs, Lender may apply the Accumulations as a credit against any portion of the Debt selected by Lender in its sole discretion.
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Accumulations. (a) Grantor Borrower made an initial deposit with either Lender or a mortgage servicer or financial institution designated or approved by Lender from time to time to receive, hold and disburse the Accumulations in accordance with this Section (the "ACCUMULATIONS DEPOSITORYDEPOSITARY") and in accordance with the Pledge and Security Agreement (the "Pledge and Security Agreement") to be entered into among Grantor, Lender and a pledge agent for the Accumulations Depository). On the first day of each calendar month during the Term Grantor Borrower will deposit with the Accumulations Depository Depositary an amount equal to one-twelfth (1/12) of the annual Taxes and Assessments as determined pursuant to Section 3 of the Real Estate Tax Escrow and Security Agreement executed by Borrower, Lender or its designeeand ▇▇▇▇▇▇▇ Financial Services LLC (the "TAX AGREEMENT") relating to the Property. At least 30 45 days before each Imposition Penalty Date, Grantor Borrower will deliver to the Accumulations Depository Depositary any bills and other documents that are necessary to pay the Taxes and Assessments.
(b) The Subject to the provisions contained below in this Section 6.2(b), Lender will direct the Accumulations will be applied Depository to apply the Accumulations to the payment of Taxes and Assessments. Any Lender will cause any excess Accumulations after payment of Taxes and Assessments will to be returned to Grantor Borrower or credited against future payments of the Accumulations, at Lender's election or as required by Law. If the Accumulations are not sufficient to pay Taxes and Assessments, Grantor Borrower will pay the deficiency to the Accumulations Depository Depositary within 5 days of demand. At any time anytime after an Event of Default occurs, Lender may apply the Accumulations as a credit against any portion of the Obligations Debt selected by Lender in its sole discretion, and such application shall not relieve Borrower to pay Impositions in a timely manner.
(c) The Accumulations Depository Depositary will hold the Accumulations as additional security for the Obligations until applied in accordance with the provisions of this Deed of TrustMortgage. If Lender is not the Accumulations DepositoryDepositary, the Accumulations Depository Depositary will deliver the Accumulations to Lender upon Lender's demand at any time after an Event of Default.
(d) If the Property is sold or conveyed other than by foreclosure or transfer in lieu of foreclosure, all right, title and interest of Grantor Borrower to the Accumulations will automatically, and without necessity of further assignment, be held for the account of the new owner, subject to the provisions of this Section and Grantor Borrower will have no further interest in the Accumulations.
(e) The Accumulations Depository Depositary has deposited the initial deposit and will deposit the monthly deposits into a separate interest bearing account in the name of Borrower, as pledged to the Lender as secured party, all in accordance with the Pledge Tax Agreement. Interest shall accrue and Security be credited upon such deposits in accordance with the provisions of the Tax Agreement.
(f) Lender has the right to pay, or to shall direct the Accumulations Depository Depositary to pay, any Taxes or Assessments unless Grantor Borrower is contesting the Taxes or Assessments in accordance with the provisions of this Deed of TrustMortgage, in which event any payment of the contested Taxes or Assessments will be made under protest in the manner prescribed by Law or, at Lender's election, will be withheld.
(g) If Lender assigns this Deed of TrustMortgage, Lender will pay, or cause the Accumulations Depository Depositary to pay, the unapplied balance of the Accumulations to or at the direction of the assignee. Simultaneously with the payment, Lender lender and the Accumulations Depository Depositary will be released from all future liability with respect to the Accumulations and Grantor Borrower will look solely to the assignee with respect to future Accumulations, provided that Lender and Accumulations Depositary shall also be released from liability with respect to all Accumulations to the Accumulationsextent that Lender's assignee assumes in writing the obligations of Lender and the Accumulations Depositary with respect thereto. When the Obligations have been fully satisfied, any unapplied balance of the Accumulations will be returned to GrantorBorrower.
Appears in 1 contract
Sources: Open End Leasehold Mortgage (Life Time Fitness Inc)
Accumulations. (a) Grantor Borrower made an initial deposit with either Lender or a mortgage servicer or financial institution designated or approved by Lender from time to time to receive, hold and disburse the Accumulations in accordance with this Section Section. (the "ACCUMULATIONS DEPOSITORYDEPOSITARY") and in accordance with the Pledge and Security Agreement (the "Pledge and Security Agreement") to be entered into among Grantor, Lender and a pledge agent for the Accumulations Depository). On the first day of each calendar month during the Term Grantor Borrower will deposit with the Accumulations Depository Depositary an amount equal to one-twelfth (1/12) of the annual Taxes and Assessments as determined pursuant to Section 3 of the Real Estate Tax Escrow and Security Agreement executed by Borrower, Lender or its designeeand ▇▇▇▇▇▇▇ Financial Services, Ltd. (the "TAX AGREEMENT") relating to the Property. At least 30 45 days before each Imposition Penalty Date, Grantor Borrower will deliver to the Accumulations Depository Depositary any bills and other documents that are necessary to pay the Taxes and Assessments.
(b) The Subject to the provisions contained below in this Section 6.2(b), Lender will direct the Accumulations will be applied Depository to apply the Accumulations to the payment of Taxes and Assessments. Any Lender will cause any excess Accumulations after payment of Taxes and Assessments will to be returned to Grantor Borrower or credited against future payments of the Accumulations, at Lender's election or as required by Law. If the Accumulations are not sufficient to pay Taxes and Assessments, Grantor Borrower will pay the deficiency to the Accumulations Depository Depositary within 5 days of demand. At any time after an Event of Default occurs, Lender may apply the Accumulations as a credit against any portion of the Obligations Debt selected by Lender in its sole discretion, and such application shall not relieve Borrower to pay Impositions in a timely manner.
(c) The Accumulations Depository Depositary will hold the Accumulations as additional security for the Obligations until applied in accordance with the provisions of this Deed of TrustMortgage. If Lender is not the Accumulations DepositoryDepositary, the Accumulations Depository Depositary will deliver the Accumulations to Lender upon Lender's demand at any time after an Event of Default.
(d) If the Property is sold or conveyed other than by foreclosure or transfer in lieu of foreclosure, all right, title and interest of Grantor Borrower to the Accumulations will automatically, and without necessity of further assignment, be held for the account of the new owner, subject to the provisions of this Section and Grantor Borrower will have no further interest in the Accumulations.
(e) The Accumulations Depository Depositary has deposited the initial deposit and will deposit the monthly deposits into a separate interest bearing account in the name of Borrower, as pledged to the Lender as secured party, all in accordance with the Pledge Tax Agreement. Interest shall accrue and Security be credited upon such deposits in accordance with the provisions of the Tax Agreement.
(f) Lender has the right to pay, or to shall direct the Accumulations Depository Depositary to pay, any Taxes or Assessments unless Grantor Borrower is contesting the Taxes or Assessments in accordance with the provisions of this Deed of TrustMortgage, in which event any payment of the contested Taxes or Assessments will be made under protest in the manner prescribed by Law or, at Lender's election, will be withheld.
(g) If Lender assigns this Deed of TrustMortgage, Lender will pay, or cause the Accumulations Depository Depositary to pay, the unapplied balance of the Accumulations to or at the direction of the assignee. Simultaneously with the payment, Lender and the Accumulations Depository Depositary will be released from all future liability with respect to the Accumulations and Grantor Borrower will look solely to the assignee with respect to future Accumulations, provided that Lender and Accumulations Depositary shall also be released from liability with respect to all Accumulations to the Accumulationsextent that Lender's assignee assumes in writing the obligations of Lender and the Accumulations Depositary with respect thereto. When the Obligations have been fully satisfied, any unapplied balance of the Accumulations will be returned to GrantorBorrower.
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Accumulations. (a) Grantor Borrower made an initial deposit with either Lender or a mortgage servicer or financial institution designated or approved by Lender from time to time to receive, hold and disburse the Accumulations in accordance with this Section (the "ACCUMULATIONS DEPOSITORY") and in accordance with the Pledge and Security Agreement (the "Pledge and Security Agreement") to be entered into among Grantor, Lender and a pledge agent for the “Accumulations DepositoryDepositary”). On the first day of each calendar month during the Term Grantor Borrower will deposit with the Accumulations Depository Depositary an amount equal to one-twelfth eleventh (1/121/11) of the annual Taxes and Assessments as determined by Lender or its designeedesignee based upon the last ascertainable tax ▇▇▇▇, unless otherwise provided in an agreement among Borrower, Lender and Accumulations Depository. At least 30 20 days before each Imposition Penalty Date, Grantor Borrower will deliver to the Accumulations Depository Depositary any bills and other documents that are necessary to pay the Taxes and Assessments.
(b) The Accumulations will be applied to the payment of Taxes and Assessments. Any excess Accumulations after payment of Taxes and Assessments will be returned to Grantor Borrower or credited against future payments of the Accumulations, at Lender's ’s election or as required by Law. If the Accumulations are not sufficient to pay Taxes and Assessments, Grantor Borrower will pay the deficiency to the Accumulations Depository Depositary within 5 days of demand. At any time after an Event of Default occurs, Lender may apply the Accumulations as a credit against any portion of the Obligations Debt selected by Lender in its sole discretion.
(c) The Accumulations Depository Depositary will hold the Accumulations as additional security for the Obligations until applied in accordance with the provisions of this Deed of TrustMortgage. If Lender is not the Accumulations DepositoryDepositary, the Accumulations Depository Depositary will deliver the Accumulations to Lender upon Lender's ’s demand at any time after an Event of Default.
(d) If the Property is sold or conveyed other than by foreclosure or transfer in lieu of foreclosure, all right, title and interest of Grantor Borrower to the Accumulations will automatically, and without necessity of further assignment, be held for the account of the new owner, subject to the provisions of this Section and Grantor Borrower will have no further interest in the Accumulations.
(e) The Accumulations Depository Depositary has deposited the initial deposit and will deposit the monthly deposits into a separate interest bearing account in the name of Borrower, as pledged to the with Lender denominated as secured party, all in accordance with an agreement among Borrower, Lender and the Pledge and Security AgreementAccumulations Depositary dated the date of this Mortgage.
(f) Lender has the right to pay, or to direct the Accumulations Depository Depositary to pay, any Taxes or Assessments unless Grantor Borrower is contesting the Taxes or Assessments in accordance with the provisions of this Deed of TrustMortgage, in which event any payment of the contested Taxes or Assessments will be made under protest in the manner prescribed by Law or, at Lender's ’s election, will be withheld.
(g) If Lender assigns this Deed of TrustMortgage, Lender will pay, or cause the Accumulations Depository Depositary to pay, the unapplied balance of the Accumulations to or at the direction of the assignee. Simultaneously with the payment, Lender and the Accumulations Depository Depositary will be released from all liability with respect to the Accumulations and Grantor Borrower will look solely to the assignee with respect to the Accumulations. When the Obligations have been fully satisfied, any unapplied balance of the Accumulations will be returned to GrantorBorrower.
Appears in 1 contract
Accumulations. (a) Grantor Subject to subsection (h) below, in accordance with the Tax Pledge, Borrower made an initial deposit with either Lender or a mortgage servicer or financial institution designated or approved by Lender from time to time time, acting on behalf of Lender as Lender’s agent or otherwise such that Lender is the “customer”, as defined in the Uniform Commercial Code, of the depository bank with respect to the deposit account into which the Accumulations are deposited, to receive, hold and disburse the Accumulations in accordance with this Section the Tax Pledge (the "ACCUMULATIONS DEPOSITORY") and in accordance with the Pledge and Security Agreement (the "Pledge and Security Agreement") to be entered into among Grantor, Lender and a pledge agent for the “Accumulations DepositoryDepositary”). On the first day of each calendar month during the Term Grantor Term, Borrower will deposit with the Accumulations Depository Depositary an amount equal to one-twelfth (1/12) 1/12th of the annual Taxes and Assessments as reasonably determined by Lender or its designeeagent. At Except as otherwise required by the Tax Pledge, at least 30 20 days before each Imposition Penalty Date, Grantor Borrower will deliver to the Accumulations Depository Depositary any bills and other documents that are necessary to pay the Taxes and Assessments.
(b) The Accumulations will be applied by Lender or its agent to the payment of Taxes and Assessments. Any excess Accumulations after payment of Taxes and Assessments by Lender or its agent will be returned to Grantor Borrower or credited against future payments the next installments of the AccumulationsAccumulations or Obligations coming due, at Lender's election or as required by Law. If the Accumulations are not sufficient to pay Taxes and Assessments, Grantor will except as otherwise required by the Tax Pledge, Borrower shall promptly pay the deficiency to the Accumulations Depository within 5 days of demand. At Depositary (any time after an Event of Default occursin any event, Lender may apply not less than ten (10) Business Days prior to the Accumulations as a credit against any portion of the Obligations selected by Lender in its sole discretionImposition Penalty Date).
(c) The Accumulations Depository Depositary will hold the Accumulations as additional security for the Obligations until applied in accordance with the provisions of this Deed of TrustLoan Agreement and the Tax Pledge. If Lender is not the Accumulations DepositoryDepositary, the Accumulations Depository Depositary will deliver the Accumulations to Lender upon Lender's ’s demand at any time after an Event of Default.
(d) If the Property is sold or conveyed other than by foreclosure or transfer in lieu of foreclosure, all right, title and interest of Grantor Borrower to the Accumulations will automatically, and without necessity of further assignment, automatically be held for the account of the new owner, subject returned to the provisions of this Section and Grantor will have no further interest in the AccumulationsBorrower.
(e) The Accumulations Depository Depositary has deposited the initial deposit and will deposit the monthly deposits into an account with a financial institution selected by Lender, which funds may be held in either a separate interest bearing account in the name of Borrower, as pledged to the Lender as secured partyor commingled account, all in accordance with the Pledge and Security AgreementTax Pledge. If Lender is the Accumulations Depositary, Lender shall have no obligation to pay interest on such Accumulations.
(f) Lender has the right to shall pay, or to shall direct the Accumulations Depository Depositary to pay, any Taxes or Assessments unless Grantor Borrower is contesting the Taxes or Assessments in accordance with the provisions of this Deed of TrustLoan Agreement, in which event any payment of the contested Taxes or Assessments will be made under protest in the manner prescribed by Law or, at Lender's ’s election, will be withheld.
(g) If Lender assigns this Deed Loan Agreement and the other Loan Documents, in accordance with the provisions of Trustthis Loan Agreement, Lender will pay, or cause the Accumulations Depository Depositary to pay, the unapplied balance of the Accumulations to or at the direction of the assignee. Simultaneously with the payment, Lender and the Accumulations Depository Depositary will be released from all liability with respect to the Accumulations Accumulations, except as the result of Lender’s gross negligence or willful misconduct, and Grantor Borrower will look solely to the assignee with respect to the Accumulations. When the Obligations have been fully satisfied, any unapplied balance of the Accumulations will be returned to GrantorBorrower. At any time after an Event of Default occurs, Lender may apply the Accumulations as a credit against any portion of the Debt selected by Lender in its sole discretion.
(h) Notwithstanding the foregoing, the provisions of this Section 5.2, for Borrower to escrow for Taxes and Assessments are hereby waived. Borrower will provide paid Tax receipts upon Lender request. The waiver shall only be effective (x) so long as there is no Event of Default under the Loan Documents and (y) for so long as all Taxes and Assessments relating to the Property are paid timely and in full. In the event the waiver is no longer effective as aforesaid, the Tax Pledge will be required for the remainder of the Loan term.
Appears in 1 contract
Sources: Loan Agreement (Phillips Edison Grocery Center Reit I, Inc.)
Accumulations. (a) Grantor Borrower made an initial deposit with either Lender or a mortgage servicer or financial institution designated or approved by Lender from time to time time, acting on behalf of Lender as Lender’s agent or otherwise such that Lender is the “customer”, as defined in the Uniform Commercial Code, of the depository bank with respect to the deposit account into which the Accumulations are deposited, to receive, hold and disburse the Accumulations in accordance with this Section (the "ACCUMULATIONS DEPOSITORY") and in accordance with the Pledge and Security Agreement (the "Pledge and Security Agreement") to be entered into among Grantor, Lender and a pledge agent for the “Accumulations DepositoryDepositary”). On the first day of each calendar month during the Term Grantor Borrower will deposit with the Accumulations Depository Depositary an amount equal to one-twelfth (1/12) 1/12 of the annual Taxes and Assessments as determined by Lender or its designee. At least 30 20 days before each Imposition Penalty Date, Grantor Borrower will deliver to the Accumulations Depository Depositary any bills and other documents that are necessary to pay the Taxes and Assessments.
(b) The Accumulations will be applied to the payment of Taxes and Assessments. Any excess Accumulations after payment of Taxes and Assessments will be returned to Grantor Borrower or credited against future payments of the Accumulations, at Lender's ’s election or as required by Law. If the Accumulations are not sufficient to pay Taxes and Assessments, Grantor Borrower will pay Lender’s estimate of the deficiency to the Accumulations Depository Depositary within 5 10 days of demand. At any time after an Event of Default occurs, Lender may apply the Accumulations may be applied as a credit against any portion of the Obligations Debt selected by Lender in its sole discretion.
(c) The Accumulations Depository Depositary will hold the Accumulations as additional security for the Obligations until applied in accordance with the provisions of this Deed of TrustMortgage and any agreement among Borrower, Lender and the Accumulations Depositary. If Lender is not the Accumulations DepositoryDepositary, the Accumulations Depository Depositary will deliver the Accumulations to Lender upon Lender's ’s demand at any time after an Event of Default.
(d) If the Property is sold or conveyed other than by foreclosure or transfer in lieu of foreclosure, all right, title and interest of Grantor Borrower to the Accumulations will automatically, and without necessity of further assignment, be held for the account of the new owner, subject to the provisions of this Section and Grantor Borrower will have no further interest in the Accumulations.
(e) The Accumulations Depository Depositary has deposited the initial deposit and will deposit the monthly deposits into a separate interest bearing account in the name of Borrower, as pledged to the with Lender denominated as secured party, all in accordance with an agreement among Borrower, Lender and the Pledge and Security AgreementAccumulations Depositary dated the date of this Mortgage.
(f) Lender has the right to pay, or to direct the Accumulations Depository Depositary to pay, any Taxes or Assessments unless Grantor Borrower is contesting the Taxes or Assessments in accordance with the provisions of this Deed of TrustMortgage, in which event any payment of the contested Taxes or Assessments will be made under protest in the manner prescribed by Law or, at Lender's ’s election, will be withheld.
(g) If Lender assigns this Deed of TrustMortgage, Lender will pay, or cause the Accumulations Depository Depositary to pay, the unapplied balance of the Accumulations to or at the direction of the assignee. Simultaneously with the payment, Lender and the Accumulations Depository Depositary will be released from all liability with respect to the Accumulations and Grantor Borrower will look solely to the assignee with respect to the Accumulations. When the Obligations have been fully satisfied, any unapplied balance of the Accumulations will be returned to GrantorBorrower. At any time after an Event of Default occurs, Lender may apply the Accumulations as a credit against any portion of the Debt selected by Lender in its sole discretion.
Appears in 1 contract
Accumulations. (a) Grantor made an initial deposit with either Lender or a mortgage servicer or financial institution designated or approved by Lender from time to time to receive, hold and disburse the Accumulations in accordance with this Section (the "“ACCUMULATIONS DEPOSITORY"”) and in accordance with the Pledge and Security Agreement (the "“Pledge and Security Agreement"”) to be entered into among Grantor, Lender and a pledge agent for the Accumulations Depository. On the first day of each calendar month during the Term Grantor will deposit with the Accumulations Depository an amount equal to one-twelfth (1/12) of the annual Taxes and Assessments as determined by Lender or its designee. At least 30 days before each Imposition Penalty Date, Grantor will deliver to the Accumulations Depository any bills and other documents that are necessary to pay the Taxes and Assessments.
(b) The Accumulations will be applied to the payment of Taxes and Assessments. Any excess Accumulations after payment of Taxes and Assessments will be returned to Grantor or credited against future payments of the Accumulations, at Lender's ’s election or as required by Law. If the Accumulations are not sufficient to pay Taxes and Assessments, Grantor will pay the deficiency to the Accumulations Depository within 5 days of demand. At any time after an Event of Default occurs, Lender may apply the Accumulations as a credit against any portion of the Obligations selected by Lender in its sole discretion.
(c) The Accumulations Depository will hold the Accumulations as additional security for the Obligations until applied in accordance with the provisions of this Deed of Trust. If Lender is not the Accumulations Depository, the Accumulations Depository will deliver the Accumulations to Lender upon Lender's ’s demand at any time after an Event of Default.
(d) If the Property is sold or conveyed other than by foreclosure or transfer in lieu of foreclosure, all right, title and interest of Grantor to the Accumulations will automatically, and without necessity of further assignment, be held for the account of the new owner, subject to the provisions of this Section and Grantor will have no further interest in the Accumulations.
(e) The Accumulations Depository has deposited the initial deposit and will deposit the monthly deposits into a separate interest bearing account in the name of Borrower, as pledged to the Lender as secured party, all in accordance with the Pledge and Security Agreement.
(f) Lender has the right to pay, or to direct the Accumulations Depository to pay, any Taxes or Assessments unless Grantor is contesting the Taxes or Assessments in accordance with the provisions of this Deed of Trust, in which event any payment of the contested Taxes or Assessments will be made under protest in the manner prescribed by Law or, at Lender's ’s election, will be withheld.
(g) If Lender assigns this Deed of Trust, Lender will pay, or cause the Accumulations Depository to pay, the unapplied balance of the Accumulations to or at the direction of the assignee. Simultaneously with the payment, Lender and the Accumulations Depository will be released from all liability with respect to the Accumulations and Grantor will look solely to the assignee with respect to the Accumulations. When the Obligations have been fully satisfied, any unapplied balance of the Accumulations will be returned to Grantor.
Appears in 1 contract
Accumulations. (a) Grantor Borrower made an initial deposit with either Lender or a mortgage servicer or financial institution designated or approved by Lender from time to time to receive, hold and disburse the Accumulations in accordance with this Section (the "ACCUMULATIONS DEPOSITORY") and in accordance with the Pledge and Security Agreement (the "Pledge and Security Agreement") to be entered into among Grantor, Lender and a pledge agent for the “Accumulations DepositoryDepositary”). On the first day of each calendar month during the Term Grantor Borrower will deposit with the Accumulations Depository Depositary an amount equal to one-twelfth (1/12) of the annual Taxes and Assessments as determined by Lender or its designeedesignee based upon the last ascertainable tax bill, unless otherwise provided in an agreement among Borrower, Lender and Accumulations Depository. At least 30 20 days before each Imposition Penalty Date, Grantor Borrower will deliver to the Accumulations Depository Depositary any bills and other documents that are necessary to pay the Taxes and Assessments.
(b) The Accumulations will be applied to the payment of Taxes and Assessments. Any excess Accumulations after payment of Taxes and Assessments will be returned to Grantor Borrower or credited against future payments of the Accumulations, at Lender's ▇▇▇▇▇▇’s election or as required by Law. If the Accumulations are not sufficient to pay Taxes and Assessments, Grantor Borrower will pay the deficiency to the Accumulations Depository Depositary within 5 days of demand. At any time after an Event of Default occurs, Lender may apply the Accumulations as a credit against any portion of the Obligations Debt selected by Lender ▇▇▇▇▇▇ in its sole discretion.
(c) The Accumulations Depository Depositary will hold the Accumulations as additional security for the Obligations until applied in accordance with the provisions of this Deed of TrustMortgage. If Lender is not the Accumulations DepositoryDepositary, the Accumulations Depository Depositary will deliver the Accumulations to Lender upon Lender's ▇▇▇▇▇▇’s demand at any time after an Event of Default.
(d) If the Property is sold or conveyed other than by foreclosure or transfer in lieu of foreclosure, all right, title and interest of Grantor Borrower to the Accumulations will automatically, and without necessity of further assignment, be held for the account of the new owner, subject to the provisions of this Section and Grantor Borrower will have no further interest in the Accumulations.
(e) The Accumulations Depository Depositary has deposited the initial deposit and will deposit the monthly deposits into a separate interest bearing account in the name of Borrower, as pledged to the Lender with Leader denominated as secured party, all in accordance with an agreement among Borrower, Lender and the Pledge and Security AgreementAccumulations Depositary dated the date of this Mortgage.
(f) Lender has the right to pay, or to direct the Accumulations Depository Depositary to pay, any Taxes or Assessments unless Grantor Borrower is contesting the Taxes or Assessments in accordance with the provisions of this Deed of TrustMortgage, in which event any payment of the contested Taxes or Assessments will be made under protest in the manner prescribed by Law or, at Lender's ▇▇▇▇▇▇’s election, will be withheld.
(g) If Lender assigns this Deed of Trust, Mortgage. Lender will pay, or cause the Accumulations Depository Depositary to pay, the unapplied balance of the Accumulations to or at the direction of the assignee. Simultaneously with the payment, Lender and the Accumulations Depository Depositary will be released from all liability with respect to the Accumulations and Grantor Borrower will look solely to the assignee with respect to the Accumulations. When the Obligations have been fully satisfied, any unapplied balance of the Accumulations will be returned to GrantorBorrower.
Appears in 1 contract
Accumulations. (a) Grantor made an initial deposit Borrower shall make deposits for annual Taxes and Assessments with either Lender or a mortgage servicer or financial institution designated or approved by Lender from time to time time, acting on behalf of Lender as ▇▇▇▇▇▇’s agent or otherwise such that Lender is the "customer", as defined in the Uniform Commercial Code, of the depository bank with respect to the deposit account into which the Accumulations are deposited, to receive, hold and disburse the Accumulations in accordance with this Section (and the "ACCUMULATIONS DEPOSITORY") and in accordance with the Real Estate Tax Pledge and Security Agreement (the "Pledge and Security AgreementAccumulations Depositary") ). From time to be entered into among Grantor, Lender and a pledge agent for the Accumulations Depository. On the first day of each calendar month time during the Term Grantor Term, at least forty-five (45) days prior to any Imposition Penalty Date for Taxes and Assessments, Borrower will deposit with the Accumulations Depository Depositary an amount equal to one-twelfth (1/12) the full amount of the annual Taxes and Assessments which are the subject of the Imposition Penalty Date as determined by Lender or its designee. At least 30 45 days before each Imposition Penalty Date, Grantor Borrower will deliver to the Accumulations Depository Depositary any bills and other documents that are necessary to pay the subject Taxes and Assessments.
(b) The Accumulations will be applied to the payment of Taxes and Assessments. Any excess Accumulations after payment of Taxes and Assessments will be returned to Grantor Borrower or credited against future payments of the Accumulations, at Lender's ▇▇▇▇▇▇’s election or as required by Law. If the Accumulations are not sufficient to pay Taxes and Assessments, Grantor Borrower will pay the deficiency to the Accumulations Depository Depositary within 5 days of demand. At any time after an Event of Default occurs, Lender may apply the Accumulations as a credit against any portion of the Obligations selected by Lender in its sole discretion.
(c) The Accumulations Depository Depositary will hold the Accumulations as additional security for the Obligations until applied in accordance with the provisions of this Deed of Trust, the Real Estate Tax Pledge and Security Agreement, and any other Agreement among Borrower, Lender and the Accumulations Depositary. If Lender is not the Accumulations DepositoryDepositary, the Accumulations Depository Depositary will deliver the Accumulations to Lender upon Lender's ▇▇▇▇▇▇’s demand at any time after an Event of Default.
(d) If the Property is sold or conveyed other than by foreclosure or transfer in lieu of foreclosure, all right, title and interest of Grantor Borrower to the Accumulations will automatically, and without necessity of further assignment, be held for the account of the new owner, subject to the provisions of this Section and Grantor Borrower will have no further interest in the Accumulations.
(e) The Accumulations Depository has deposited Borrower waives all right to demand, receive or collect any interest or other return on the initial deposit Accumulations, except as required by Law and will deposit the monthly deposits into a separate interest bearing account in the name of Borrower, as pledged pursuant to the Lender as secured party, all in accordance with the Real Estate Tax Pledge and Security Agreement, and which may be commingled with other monies held by the Accumulations Depositary and will not be held in trust.
(f) Lender has the right to pay, or to direct the Accumulations Depository Depositary to pay, any Taxes or Assessments unless Grantor Borrower is contesting the Taxes or Assessments in accordance with the provisions of this Deed of Trust, in which event any payment of the contested Taxes or Assessments will be made under protest in the manner prescribed by Law or, at Lender's ’s election, will be withheld.
(g) If Lender ▇▇▇▇▇▇ assigns this Deed of Trust, Lender will pay, or cause the Accumulations Depository Depositary to pay, the unapplied balance of the Accumulations to or at the direction of the assignee. Simultaneously with the payment, Lender and the Accumulations Depository Depositary will be released from all liability with respect to the Accumulations and Grantor Borrower will look solely to the assignee with respect to the Accumulations. When the Obligations have been fully satisfied, any unapplied balance of the Accumulations will be returned to GrantorBorrower. At any time after an Event of Default occurs, Lender may apply the Accumulations as a credit against any portion of the Debt selected by ▇▇▇▇▇▇ in its sole discretion.
Appears in 1 contract
Accumulations. (a) Grantor made In accordance with the Tax Pledge, unless waived under Section 5.2(h) below, Borrower will make an initial deposit with either Lender or a mortgage servicer or financial institution designated or approved by Lender from time to time time, acting on behalf of Lender as Lender’s agent or otherwise such that Lender is the “customer”, as defined in the Uniform Commercial Code, of the depository bank with respect to the deposit account into which the Accumulations are deposited, to receive, hold and disburse the Accumulations in accordance with this Section the Tax Pledge (the "ACCUMULATIONS DEPOSITORY") and in accordance with the Pledge and Security Agreement (the "Pledge and Security Agreement") to be entered into among Grantor, Lender and a pledge agent for the “Accumulations DepositoryDepositary”). On the first day of each calendar month during the Term Grantor thereafter, unless waived under Section 5.2(h), Borrower will deposit with the Accumulations Depository Depositary an amount equal to one-twelfth (1/12) 1/12th of the annual Taxes and Assessments as determined by Lender or its designeeagent. At Except as otherwise required by the Tax Pledge, at least 30 thirty (30) days before each Imposition Penalty Date, Grantor Borrower will deliver to the Accumulations Depository Depositary any bills and other documents that are necessary to pay the Taxes and Assessments.
(b) The Accumulations will be applied to the payment of Taxes and Assessments. Any excess Accumulations after payment of Taxes and Assessments will be returned to Grantor Borrower or credited against future payments of the AccumulationsAccumulations (and reduce future payments accordingly), at Lender's ’s election or as required by Law. If the Accumulations are not sufficient to pay Taxes and Assessments, Grantor will except as otherwise required by the Tax Pledge, Borrower shall promptly pay the deficiency to the Accumulations Depository within 5 days of demand. At Depositary (and in any time after an Event of Default occursevent, Lender may apply not less than ten (10) Business Days prior to the Accumulations as a credit against any portion of the Obligations selected by Lender in its sole discretionImposition Penalty Date).
(c) The Accumulations Depository Depositary will hold the Accumulations as additional security for the Obligations until applied in accordance with the provisions of this Deed of TrustLoan Agreement and the Tax Pledge. If Lender is not the Accumulations DepositoryDepositary, the Accumulations Depository Depositary will deliver the Accumulations to Lender upon Lender's ’s demand at any time after the occurrence and during the continuation of an Event of Default.
(d) If the Property is sold or conveyed other than by foreclosure or transfer in lieu of foreclosure, all right, title and interest of Grantor Borrower to the Accumulations will automatically, and without necessity of further assignment, be held for the account of the new owner, subject to the provisions of this Section and Grantor Borrower will have no further interest in the Accumulations.
(e) The Upon receipt of the Accumulations, the Accumulations Depository has deposited the initial deposit and Depositary will deposit the monthly deposits such funds into an account with a separate interest bearing account in the name of Borrowerfinancial institution selected by Lender, as pledged to the which funds may be commingled with other funds controlled by Lender as secured partyor Lender’s agent, all in accordance with the Pledge and Security AgreementTax Pledge.
(f) Lender has the right to pay, or to direct the Accumulations Depository Depositary to pay, any Taxes or Assessments unless Grantor Borrower is contesting the Taxes or Assessments in accordance with the provisions of this Deed of TrustLoan Agreement, in which event any payment of the contested Taxes or Assessments will be made under protest in the manner prescribed by Law or, following a Trigger Event (as defined below) and until a new waiver of tax escrows is permitted under Section 5.2(h) below), at Lender's election, will ’s election may be withheld.
(g) If Lender assigns this Deed of TrustLoan Agreement and the other Loan Documents, Lender will pay, or cause the Accumulations Depository Depositary to pay, the unapplied balance of the Accumulations to or at the direction of the assignee. Simultaneously with the payment, Lender and the Accumulations Depository Depositary will be released from all liability with respect to the Accumulations for all periods after such payments is made, and Grantor Borrower will look solely to the assignee with respect to the AccumulationsAccumulations for all periods thereafter. When the Obligations have been fully satisfied, any unapplied balance of the Accumulations will be returned to GrantorBorrower. At any time when an Event of Default exists, Lender may apply the Accumulations as a credit against any portion of the Debt selected by Lender in its sole discretion.
(h) Notwithstanding the foregoing provisions of this Section 5.2, the requirement for Borrower to escrow for Taxes shall be waived and such waiver shall remain in effect provided that (i) no Event of Default has occurred and is continuing, and (ii) the Property maintains an aggregate Debt Service Coverage of not less than 1.
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Accumulations. (a) Grantor Borrower made an initial deposit with either Lender or a mortgage servicer or financial institution designated or approved by Lender from time to time (the "Accumulations Depositary") to receive, hold and disburse the ------------------------ Accumulations in accordance with this Section and a Real Estate Tax Escrow and Security Agreement and Notice to Depositary of Security Interest of even date herewith (the "ACCUMULATIONS DEPOSITORY") and in accordance with the Pledge and Security Agreement (the "Pledge and Security Impound Agreement") to be entered into among Grantor, Lender and a pledge agent for the Accumulations Depository). On the first day Business Day of each calendar ----------------- month during commencing on the Term Grantor date specified in Section 1(a)(i) of the Related Note, Borrower will deposit with the Accumulations Depository Depositary an amount equal to one-one- twelfth (1/12) of the annual Taxes and Assessments as determined by Lender or its designee. At least 30 days before each Imposition Penalty Date, Grantor Borrower will deliver to the Accumulations Depository Depositary any bills and other documents that are necessary to pay the Taxes and Assessments, and will do so sufficiently in advance of the Imposition Penalty Date that the payments will be made timely as required by this Deed of Trust. Borrower will deliver to Lender copies of all bills for Taxes and/or Assessments within 30 days of Borrower's receipt thereof.
(b) The Accumulations will be applied to the payment of Taxes and Assessments. Any excess Accumulations after payment of Taxes and Assessments and not applied by Lender to the Debt will be returned to Grantor or credited against future payments of remain on deposit with the Accumulations, at Lender's election or as required by LawAccumulations Depositary. If the Accumulations are not sufficient to pay Taxes and Assessments, Grantor Borrower will pay the deficiency to the Accumulations Depository Depositary within 5 days of demand. At any time after an Event of Default occurs, Lender may apply the Accumulations as a credit against any portion of the Obligations selected by Lender in its sole discretiondemand therefor.
(c) The Accumulations Depository Depositary will hold the Accumulations as additional security for the Obligations until applied in accordance with the provisions of this Deed of TrustTrust and the Impound Agreement. If Lender is not the Accumulations DepositoryDepositary, the Accumulations Depository Depositary will deliver the Accumulations to Lender upon Lender's demand at any time after an Event of Default.
(d) If the Property is sold or conveyed other than by foreclosure or transfer in lieu of foreclosure, all right, title and interest of Grantor Borrower to the Accumulations will automatically, and without necessity of further assignment, be held for the account of the new owner, subject to the provisions of this Section Section, and Grantor Borrower will have no further interest in the Accumulations.
(e) The Accumulations Depository Depositary has deposited the initial deposit and will deposit the any monthly deposits into a separate interest bearing account in the name of Borrower, as pledged to the with Lender denominated as secured party, all in accordance with the Pledge and Security Impound Agreement.
(f) At any time after an Event of Default has occurred, Lender has the right to pay, or to direct the Accumulations Depository Depositary to pay, any Taxes or Assessments unless Grantor Borrower is contesting the Taxes or Assessments in accordance with the provisions of this Deed of Trust, in which event any payment of the contested Taxes or Assessments will be made under protest in the manner prescribed by Law or, at Lender's election, will be withheld.
(g) If Lender assigns this Deed of Trust, Lender will pay, or cause the Accumulations Depository Depositary to pay, the unapplied balance of the Accumulations to or at the direction of the assignee. Simultaneously with the payment, Lender and the Accumulations Depository Depositary will be released from all liability with respect to the Accumulations and Grantor Borrower will look solely to the assignee with respect to the Accumulations. When the Obligations have been fully satisfied, any unapplied balance of the Accumulations will be returned to GrantorBorrower.
Appears in 1 contract
Sources: Deed of Trust (Kilroy Realty Corp)
Accumulations. (a) Grantor Borrower has made or shall make an initial deposit with either Lender or a mortgage servicer or financial institution designated or approved by Lender from time to time (Lender, or such mortgage servicer or financial institution, as applicable, the “Accumulations Depositary”), acting on behalf of Lender as ▇▇▇▇▇▇’s agent or otherwise such that Lender is the “customer”, as defined in the Uniform Commercial Code, of the depository bank with respect to the deposit account into which the Accumulations are deposited, to receive, hold and disburse the Accumulations in accordance with this Section (the "ACCUMULATIONS DEPOSITORY") and in accordance with the a Real Estate Tax Pledge and Security Agreement of even date herewith (the "Pledge and Security “Impound Agreement") to be entered into among Grantor, Lender and a pledge agent for the Accumulations Depository”). On the first day Business Day of each calendar month during commencing on the Term Grantor first date specified in Section 1(a)(i) of the Note, Borrower will deposit with the Accumulations Depository Depositary an amount equal to one-twelfth (1/12) of the annual Taxes and Assessments as determined by Lender or its designee. At least 30 days before each Imposition Penalty Date, Grantor Borrower will deliver to the Accumulations Depository Depositary any bills and other documents that are necessary to pay the Taxes and Assessments, and will do so sufficiently in advance of the Imposition Penalty Date that the payments will be made timely by the Accumulations Depositary as required by this Deed of Trust and the Impound Agreement. Borrower will deliver to Lender copies of all bills for Taxes and/or Assessments within 30 days of Borrower’s receipt thereof.
(b) The Accumulations will be applied to the payment of Taxes and Assessments. Any excess Accumulations after payment of Taxes and Assessments and not applied by Lender to the Debt will remain on deposit with the Accumulations Depositary, and will be returned taken into account by Lender in determining the amounts required to Grantor or credited against future payments of be deposited by Borrower with the Accumulations, at Lender's election or as required by LawAccumulations Depositary pursuant to the Impound Agreement. If the Accumulations are not sufficient to pay Taxes and Assessments, Grantor Borrower will pay the deficiency to the Accumulations Depository Depositary within 5 days of demand. At any the time after an Event of Default occurs, Lender may apply periods specified in the Accumulations as a credit against any portion of the Obligations selected by Lender in its sole discretionImpound Agreement.
(c) The Accumulations Depository Depositary will hold the Accumulations as additional security for the Obligations until applied in accordance with the provisions of this Deed of TrustTrust and the Impound Agreement. If Lender is not the Accumulations DepositoryDepositary, the Accumulations Depository Depositary will deliver the Accumulations to Lender upon Lender's ▇▇▇▇▇▇’s demand at any time after an Event of Default.
(d) If the Property is sold or conveyed other than by foreclosure or transfer in lieu of foreclosure, and any portion of the indebtedness secured hereby remains outstanding after such sale or conveyance, then all right, title and interest of Grantor Borrower in and to the Accumulations will automatically, and without necessity of further assignment, be held for the account of the new owner, subject to the provisions of this Section Section, and Grantor Borrower will have no further interest in the Accumulations.
(e) The Accumulations Depository Depositary has deposited the initial deposit and will deposit the any monthly deposits into a separate interest bearing account in the name of Borrower, as pledged to the with Lender denominated as secured party, all in accordance with the Pledge and Security Impound Agreement.’
(f) Lender At any time after an Event of Default has occurred, ▇▇▇▇▇▇ has the right to pay, or to direct the Accumulations Depository Depositary to pay, any Taxes or Assessments unless Grantor Borrower is contesting the Taxes or Assessments in accordance with the provisions of this Deed of Trust, in which event any payment of the contested Taxes or Assessments will be made under protest in the manner prescribed by Law ▇▇▇ or, at Lender's ▇▇▇▇▇▇’s election, will be withheld.
(g) If Lender ▇▇▇▇▇▇ assigns this Deed of Trust, Lender will pay, or cause the Accumulations Depository Depositary to pay, the unapplied balance of the Accumulations to or at the direction of the assignee. Simultaneously with the payment, Lender and the Accumulations Depository Depositary will be released from all liability with respect to the Accumulations and Grantor Borrower will look solely to the assignee with respect to the Accumulations. When the Obligations have been fully satisfied, any unapplied balance of the Accumulations will be returned to GrantorBorrower. At any time after an Event of Default occurs, Lender may apply the Accumulations as a credit against any portion of the Debt selected by Lender in its sole discretion.
Appears in 1 contract
Sources: Promissory Note (Kilroy Realty Corp)
Accumulations. (a) Grantor made an initial deposit with either Lender or a mortgage servicer or financial institution designated or approved by Lender from time to time to receive, hold and disburse the Accumulations in accordance with this Section (the "ACCUMULATIONS DEPOSITORYAccumulations Depository") and in accordance with the Pledge and Security Agreement (the "Pledge and Security Agreement") to be entered into among Grantor, Lender and a pledge agent for the Accumulations Depository. On the first day of each calendar month during the Term Grantor will deposit with the Accumulations Depository an amount equal to one-twelfth (1/12) of the annual Taxes and Assessments as determined by Lender or its designee. At least 30 days before each Imposition Penalty Date, Grantor will deliver to the Accumulations Depository any bills and other documents that are necessary to pay the Taxes and Assessments.
(b) The Accumulations will be applied to the payment of Taxes and Assessments. Any excess Accumulations after payment of Taxes and Assessments will be returned to Grantor or credited against future payments of the Accumulations, at Lender's election or as required by Law. If the Accumulations are not sufficient to pay Taxes and Assessments, Grantor will pay the deficiency to the Accumulations Depository within 5 days of demand. At any time after an Event of Default occurs, Lender may apply the Accumulations as a credit against any portion of the Obligations selected by Lender in its sole discretion.
(c) The Accumulations Depository will hold the Accumulations as additional security for the Obligations until applied in accordance with the provisions of this Deed of Trust. If Lender is not the Accumulations Depository, the Accumulations Depository will deliver the Accumulations to Lender upon Lender's demand at any time after an Event of Default.
(d) If the Property is sold or conveyed other than by foreclosure or transfer in lieu of foreclosure, all right, title and interest of Grantor to the Accumulations will automatically, and without necessity of further assignment, be held for the account of the new owner, subject to the provisions of this Section and Grantor will have no further interest in the Accumulations.
(e) The Accumulations Depository has deposited the initial deposit and will deposit the monthly deposits into a separate interest bearing account in the name of Borrower, as pledged to the Lender as secured party, all in accordance with the Pledge and Security Agreement.
(f) Lender has the right to pay, or to direct the Accumulations Depository to pay, any Taxes or Assessments unless Grantor is contesting the Taxes or Assessments in accordance with the provisions of this Deed of Trust, in which event any payment of the contested Taxes or Assessments will be made under protest in the manner prescribed by Law or, at Lender's election, will be withheld.
(g) If Lender assigns this Deed of Trust, Lender will pay, or cause the Accumulations Depository to pay, the unapplied balance of the Accumulations to or at the direction of the assignee. Simultaneously with the payment, Lender and the Accumulations Depository will be released from all liability with respect to the Accumulations and Grantor will look solely to the assignee with respect to the Accumulations. When the Obligations have been fully satisfied, any unapplied balance of the Accumulations will be returned to Grantor.
Appears in 1 contract
Accumulations. (a) Grantor Borrower made an initial deposit with either Lender or a mortgage servicer or financial institution designated or approved by Lender from time to time time, acting on behalf of Lender as Lender's agent or otherwise such that Lender is the "customer", as defined in the Uniform Commercial Code, of the depository bank with respect to the deposit account into which the Accumulations are deposited, to receive, hold and disburse the Accumulations in accordance with this Section (the "ACCUMULATIONS DEPOSITORYAccumulations Depositary") and ). The initial Accumulations Depositary is identified in accordance with the Pledge and Security Agreement (the "Pledge and Security Tax Agreement") to be entered into among Grantor, Lender and a pledge agent for the Accumulations Depository. On the first day of each calendar month during the Term Grantor Borrower will deposit with the Accumulations Depository Depositary an amount equal to one-twelfth (1/12) 1/12th of the annual Taxes and Assessments as determined by Lender or its designee. At least 30 days before each Imposition Penalty Date, Grantor or as soon thereafter as received by Borrower, Borrower will deliver to the Accumulations Depository Depositary any bills and other documents that are necessary to pay the Taxes and Assessments.
(b) The Accumulations will be applied to the payment of Taxes and Assessments. Any excess Accumulations after payment of Taxes and Assessments will be returned to Grantor Borrower or credited against future payments of the Accumulations, at Lender's election or as required by Law. If the Accumulations are not sufficient to pay Taxes and Assessments, Grantor Borrower will pay the deficiency to the Accumulations Depository Depositary within 5 days of demand. At any time after an Event of Default occurs, Lender may apply the Accumulations as a credit against any portion of the Obligations Debt selected by Lender in its sole discretion.
(c) The Accumulations Depository Depositary will hold the Accumulations as additional security for the Obligations until applied in accordance with the provisions of this Deed of TrustTrust and any agreement among Borrower, Lender and the Accumulations Depositary. If Lender is not the Accumulations DepositoryDepositary, the Accumulations Depository Depositary will deliver the Accumulations to Lender upon Lender's demand at any time after an Event of Default.
(d) If the Property is sold or conveyed other than by foreclosure or transfer in lieu of foreclosure, all right, title and interest of Grantor Borrower to the Accumulations will automatically, and without necessity of further assignment, be held for the account of the new owner, subject to the provisions of this Section and Grantor Borrower will have no further interest in the Accumulations.
(e) The Accumulations Depository Depositary has deposited the initial deposit and will deposit the monthly deposits into a separate interest bearing account in the name of Borrower, as pledged to the Lender as secured party, all in accordance with the Pledge and Security Tax Agreement.
(f) Lender has the right to pay, or to direct the Accumulations Depository Depositary to pay, any Taxes or Assessments unless Grantor Borrower is contesting the Taxes or Assessments in accordance with the provisions of this Deed of Trust, in which event any payment of the contested Taxes or Assessments will be made under protest in the manner prescribed by Law or, at Lender's election, will be withheld.
(g) If Lender assigns this Deed of Trust, Lender will pay, or cause the Accumulations Depository Depositary to pay, the unapplied balance of the Accumulations to or at the direction of the assigneeassignee in accordance with the Tax Agreement. Simultaneously with the payment, Lender and the Accumulations Depository Depositary will be released from all liability with respect to the Accumulations and Grantor Borrower will look solely to the assignee with respect to the Accumulations. When the Obligations have been fully satisfied, any unapplied balance of the Accumulations will be returned to GrantorBorrower. At any time after an Event of Default occurs, Lender may apply the Accumulations as a credit against any portion of the Debt selected by Lender in its sole discretion.
Appears in 1 contract
Accumulations. (a) Grantor Borrower made an initial deposit with either Lender or a mortgage servicer or financial institution designated or approved by Lender from time to time time, acting on behalf of Lender as Lender's agent or otherwise such that Lender is the "customer", as defined in the Uniform Commercial Code, of the depository bank with respect to the deposit account and/or securities account into which the Accumulations are deposited, to receive, hold and disburse the Accumulations in accordance with this Section (the "ACCUMULATIONS DEPOSITORYDEPOSITARY") and in accordance with the Pledge and Security Agreement (the "Pledge and Security Agreement") to be entered into among Grantor, Lender and a pledge agent for the Accumulations Depository). On the first day of each calendar month during the Term Grantor Borrower will deposit with the Accumulations Depository Depositary an amount equal to one-twelfth (1/121/12th) of the annual Taxes and Assessments as determined by Lender or its designee. At least 30 days before each Imposition Penalty Date, Grantor Borrower will deliver to the Accumulations Depository Depositary, promptly upon receipt, any bills and other documents that are necessary to pay the Taxes and Assessments.
(b) The Subject to all of the other provisions of this SECTION 6.2, the Accumulations will be applied to the payment of Taxes and Assessments. Any Assessments and any excess Accumulations after payment of Taxes and Assessments will be returned to Grantor Borrower or credited against future payments of the Accumulations, at Lender's election or as required by Law. If the Accumulations are not sufficient to pay Taxes and Assessments, Grantor Borrower will pay the deficiency to the Accumulations Depository within 5 days Depositary promptly upon receipt of demand. At notice thereof (and in any time after an Event event not less than ten (10) Business Days prior to the date when any penalty or interest for the nonpayment of Default occurs, Lender may apply the Accumulations as a credit against any portion of the Obligations selected by Lender in its sole discretionsuch Taxes and Assessments would attach).
(c) The Accumulations Depository Depositary will hold the Accumulations as additional security for the Obligations until applied in accordance with the provisions of this Deed of TrustTrust and any agreement among Borrower, Lender and the Accumulations Depositary. If Lender is not the Accumulations DepositoryDepositary, the Accumulations Depository Depositary will deliver the Accumulations to Lender upon Lender's demand at any time after an Event of Default.
(d) If the Property is sold or conveyed other than by foreclosure or transfer in lieu of foreclosure, all right, title and interest of Grantor Borrower to the Accumulations will automatically, and without necessity of further assignment, be held for the account of the new owner, subject to the provisions of this Section and Grantor Borrower will have no further interest in the Accumulations.
(e) The Accumulations Depository has deposited Borrower waives all right to demand, receive or collect any interest or other return on the initial deposit Accumulations, which will not be held in trust and which, except as required by Law or as otherwise agreed in that certain Real Estate Tax Pledge and Security Agreement of even date herewith, will deposit the monthly deposits into be held in a separate non-interest bearing account in and may be commingled with other monies held by the name of Borrower, as pledged to the Lender as secured party, all in accordance with the Pledge and Security AgreementAccumulations Depositary.
(f) Lender has the right to pay, or to direct the Accumulations Depository Depositary to pay, any Taxes or Assessments unless Grantor Borrower is contesting the Taxes or Assessments in accordance with the provisions of this Deed of Trust, in which event any payment of the contested Taxes or Assessments will be made under protest in the manner prescribed by Law or, at Lender's election, will be withheld.
(g) If Lender assigns this Deed of Trust, Lender will pay, or cause the Accumulations Depository Depositary to pay, the unapplied balance of the Accumulations to or at the direction of the assignee. Simultaneously with the payment, if the assignee assumes, with respect to the amounts so paid, Lender's obligations under that certain Real Estate Tax Pledge and Security Agreement of even date herewith, Lender and the Accumulations Depository Depositary will be released from all liability with respect to the Accumulations and Grantor Borrower will look solely to the assignee with respect to the Accumulations. When the Obligations have been fully satisfied, any unapplied balance of the Accumulations will be returned to GrantorBorrower. At any time after an Event of Default occurs, Lender may apply the Accumulations as a credit against any portion of the Debt selected by Lender in its sole discretion.
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Accumulations. (a) Grantor Borrower made an initial deposit with either Lender or a mortgage servicer or financial institution designated or approved by Lender from time to time to receive, hold and disburse the Accumulations in accordance with this Section (the "ACCUMULATIONS DEPOSITORYAccumulations Depositary") and in accordance with the Pledge and Security Agreement (the "Pledge and Security Agreement") to be entered into among Grantor, Lender and a pledge agent for the Accumulations Depository). On the first day of each calendar ------------------------ month during the Term Grantor Borrower will deposit with the Accumulations Depository Depositary an amount equal to one-twelfth (1/12) of the annual Taxes Impositions and Assessments Insurance Premiums as determined pursuant to Section 3 of the Real Estate Tax Escrow and Security Agreement executed by Borrower, Lender or its designeeand Tax Servicer (the "Tax Agreement"). At least 30 45 days before each Imposition Penalty Date, Grantor Borrower -------------- will deliver to the Accumulations Depository Depositary any bills and other documents that are necessary to pay the Taxes Impositions and AssessmentsInsurance Premiums. Borrower shall pay any fees charged by the Accumulations Depositary in connection with collection and disbursement of Impositions and Insurance Premiums. Notwithstanding the foregoing, so long as Borrower is the owner of the Property and each of the properties identified in the Commitment (subject to Substitution in accordance with provisions set forth in Section 12.4 hereof and Permitted Transfers) and so long as no Event of Default exists Borrower shall not be required to make such monthly deposits of Insurance Premiums. Furthermore, subject to the foregoing conditions, Borrower shall not be required to make such deposits of funds for Impositions with respect to those portions of the Property that are subject to Leases ("Direct Tax Payment Leases") with third ------------------------- parties that are not Affiliates, to the extent that such Leases:
(i) require such third party tenants to make payments of Impositions directly to the relevant taxing authorities; and
(ii) have been approved by Lender in writing (or are not required to be approved by Lender) pursuant to the requirements of the Assignment. To the extent that Direct Tax Payment Leases demise less than all the space in the Property, Borrower shall be required to make deposits with the Accumulations Depositary for any balance of Impositions that Lender reasonably determines would be owing with respect to that portion of the Property not subject to Direct Tax Payment Leases. In the event that (a) the Accumulations Depositary notifies the Borrower and the Lender that, on two (2) separate occasions, a tenant under a Direct Tax Payment Lease has failed to make any payment of Impositions prior to the time that such payments become delinquent, or (b) if any such tenant is in monetary default under its Lease, or (c) if such Lease terminates, then Borrower shall promptly deposit with the Accumulations Depositary an initial deposit and Borrower shall thereafter make monthly deposits of funds in respect of such charges as required by Section 6.2(a) above.
(b) The Accumulations and deposits on account of Insurance Premiums (to the extent required to be deposited) will be applied to the payment of Taxes Impositions and AssessmentsInsurance Premiums. Any Except during the continuance of an Event of Default, any excess Accumulations or accrued deposits on account of Insurance Premiums after payment of Taxes Impositions and Assessments Insurance Premiums will be returned to Grantor Borrower or credited against future payments of the AccumulationsAccumulations and Insurance Premiums, at Lender's election or as required by Law. If the Accumulations and accrued deposits on account of Insurance Premiums are not sufficient to pay Taxes Impositions and AssessmentsInsurance Premiums, Grantor Borrower will pay the deficiency to the Accumulations Depository Depositary within 5 days of demand. At any time after an Event of Default occurs, Lender may apply the Accumulations and accrued deposits on account of Insurance Premiums as a credit against any portion of the Obligations Debt selected by Lender in its sole discretion.
(c) The Accumulations Depository Depositary will hold the Accumulations and accrued deposits on account of Insurance Premiums as additional security for the Obligations until applied in accordance with the provisions of this Deed of TrustMortgage. If Lender is not the Accumulations DepositoryDepositary, the Accumulations Depository Depositary will deliver the Accumulations and accrued deposits on account of Insurance Premiums to Lender upon Lender's demand at any time after an Event of Default.
(d) If the Property is sold or conveyed other than by foreclosure or transfer in lieu of foreclosureforeclosure and the Loan has not been paid in full, all right, title and interest of Grantor Borrower to the Accumulations and accrued deposits on account of Insurance Premiums will automatically, and without necessity of further assignment, be held for the account of the new owner, subject to the provisions of this Section and Grantor Borrower will have no further interest in the AccumulationsAccumulations and accrued deposits on account of Insurance Premiums.
(e) The Accumulations Depository Depositary has deposited the initial deposit and will deposit the monthly deposits into a separate interest bearing account in the name of Borrower, as pledged to the Lender as secured party, all in accordance with the Pledge Tax Agreement. Interest shall accrue and Security be credited upon such deposits in accordance with the provisions of the Tax Agreement.
(f) Lender has the right to pay, or to direct the Accumulations Depository Depositary to pay, any Taxes Impositions or Assessments Insurance Premiums unless Grantor Borrower is contesting the Taxes Impositions or Assessments in accordance with the provisions of this Deed of TrustMortgage, in which event any payment of the contested Taxes or Assessments Impositions will be made under protest in the manner prescribed by Law or, at Lender's election, will be withheld.
(g) If Lender assigns this Deed of TrustMortgage, Lender will pay, or cause the Accumulations Depository Depositary to pay, the unapplied balance of the Accumulations and accrued deposits on account of Insurance Premiums to or at the direction of the assignee. Simultaneously with the payment, Lender and the Accumulations Depository Depositary will be released from all liability with respect to the Accumulations and Grantor accrued deposits on account of Insurance Premiums and Borrower will look solely to the assignee with respect to the AccumulationsAccumulations and accrued deposits on account of Insurance Premiums. When the Obligations have been fully satisfied, any unapplied balance of the Accumulations and accrued deposits on account of Insurance Premiums will be returned to GrantorBorrower.
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Accumulations. (a) Grantor Borrower made an initial deposit with either Lender or a mortgage servicer or financial institution designated or approved by Lender from time to time time, acting on behalf of ▇▇▇▇▇▇ as ▇▇▇▇▇▇’s agent or otherwise such that Lender is the “customer”, as defined in the Uniform Commercial Code, of the depository bank with respect to the deposit account into which the Accumulations are deposited, to receive, hold and disburse the Accumulations in accordance with this Section (the "ACCUMULATIONS DEPOSITORY") and in accordance with the Pledge and Security Agreement (the "Pledge and Security Agreement") to be entered into among Grantor, Lender and a pledge agent for the “Accumulations DepositoryDepositary”). On the first day of each calendar month during the Term Grantor Borrower will deposit with the Accumulations Depository Depositary an amount equal to one-twelfth (1/12) 1/12 of the annual Taxes and Assessments as determined by Lender or its designee. At least 30 45 days before each Imposition Penalty Date, Grantor Borrower will deliver to the Accumulations Depository Depositary any bills and other documents that are necessary to pay the Taxes and Assessments.
(b) The Prior to an Event of Default the Accumulations will be applied to the payment of Taxes and Assessments. From and after an Event of Default, Lender may apply the Accumulations to the balance of the Debt in such order as Lender determines. Any excess Accumulations after payment of Taxes and Assessments will be returned to Grantor Borrower or credited against future payments of the Accumulations, at Lender's ▇▇▇▇▇▇’s election or as required by Law. If the Accumulations are not sufficient to pay Taxes and Assessments, Grantor Borrower will pay the deficiency to the Accumulations Depository Depositary within 5 days of demand. At any time after an Event of Default occurs, Lender may apply the Accumulations as a credit against any portion of the Obligations selected by Lender in its sole discretion.
(c) The Accumulations Depository Depositary will hold the Accumulations as additional security for the Obligations until applied in accordance with the provisions of this Deed of TrustTrust and any agreement among Borrower, Lender and the Accumulations Depositary. If Lender is not the Accumulations DepositoryDepositary, the Accumulations Depository Depositary will deliver the Accumulations to Lender upon Lender's ▇▇▇▇▇▇’s demand at any time after an Event of Default.
(d) If the Property is sold or conveyed other than by foreclosure or transfer in lieu of foreclosure, all right, title and interest of Grantor Borrower to the Accumulations will automatically, and without necessity of further assignment, be held for the account of the new owner, subject to the provisions of this Section and Grantor Borrower will have no further interest in the Accumulations.
(e) The Accumulations Depository Depositary has deposited the initial deposit and will deposit the monthly deposits into a separate interest bearing account in the name of Borrower, as pledged to the with Lender denominated as secured party, all in accordance with an agreement among Borrower, Lender and the Pledge and Security AgreementAccumulations Depositary dated the date of this Deed of Trust.
(f) Lender has the right to pay, or to direct the Accumulations Depository Depositary to pay, any Taxes or Assessments unless Grantor Borrower is contesting the Taxes or Assessments in accordance with the provisions of this Deed of Trust, in which event any payment of the contested Taxes or Assessments will be made under protest in the manner prescribed by Law or, at Lender's ’s election, will be withheld.
(g) If Lender ▇▇▇▇▇▇ assigns this Deed of Trust, Lender will pay, or cause the Accumulations Depository Depositary to pay, the unapplied balance of the Accumulations to or at the direction of the assignee. Simultaneously with the payment, Lender and the Accumulations Depository Depositary will be released from all liability with respect to the Accumulations and Grantor Borrower will look solely to the assignee with respect to the Accumulations. When the Obligations have been fully satisfied, any unapplied balance of the Accumulations will be returned to GrantorBorrower. At any time after an Event of Default occurs, Lender may apply the Accumulations as a credit against any portion of the Debt selected by ▇▇▇▇▇▇ in its sole discretion.
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Accumulations. (a) Grantor In accordance with the Tax Pledge, Borrower made an initial deposit with either Lender or a mortgage servicer or financial institution designated or approved by Lender from time to time time, acting on behalf of Lender as Lender’s agent or otherwise such that Lender is the “customer”, as defined in the Uniform Commercial Code, of the depository bank with respect to the deposit account into which the Accumulations are deposited, to receive, hold and disburse the Accumulations in accordance with this Section the Tax Pledge (the "ACCUMULATIONS DEPOSITORY") and in accordance with the Pledge and Security Agreement (the "Pledge and Security Agreement") to be entered into among Grantor, Lender and a pledge agent for the “Accumulations DepositoryDepositary”). On the first day of each calendar month during the Term Grantor Term, Borrower will deposit with the Accumulations Depository Depositary an amount equal to one-twelfth (1/12) 1/12th of the annual Taxes and Assessments as determined by Lender or its designeeagent. At Except as otherwise required by the Tax Pledge, at least 30 thirty (30) days before each Imposition Penalty Date, Grantor Borrower will deliver to the Accumulations Depository Depositary any bills and other documents that are necessary to pay the Taxes and Assessments.
(b) The Accumulations will be applied to the payment of Taxes and Assessments. Any excess Accumulations after payment of Taxes and Assessments will be returned to Grantor Borrower or credited against future payments of the Accumulations, at Lender's ’s election or as required by Law. If the Accumulations are not sufficient to pay Taxes and Assessments, Grantor will except as otherwise required by the Tax Pledge, Borrower shall promptly pay the deficiency to the Accumulations Depository within 5 days of demand. At Depositary (any time after an Event of Default occursin any event, Lender may apply not less than 10 Business Days prior to the Accumulations as a credit against any portion of the Obligations selected by Lender in its sole discretionImposition Penalty Date).
(c) The Accumulations Depository Depositary will hold the Accumulations as additional security for the Obligations until applied in accordance with the provisions of this Deed of TrustMortgage and the Tax Pledge. If Lender is not the Accumulations DepositoryDepositary, the Accumulations Depository Depositary will deliver the Accumulations to Lender upon Lender's ’s demand at any time after an Event of Default.
(d) If the Property is sold or conveyed other than by foreclosure or transfer in lieu of foreclosure, all right, title and interest of Grantor Borrower to the Accumulations will automatically, and without necessity of further assignment, be held for the account of the new owner, subject to the provisions of this Section and Grantor Borrower will have no further interest in the Accumulations.
(e) The Accumulations Depository Depositary has deposited the initial deposit and will deposit the monthly deposits into an account with a financial institution selected by Lender, which funds may be held in either a separate interest bearing account in the name of Borrower, as pledged to the Lender as secured partyor commingled account, all in accordance with the Pledge and Security Agreement.Tax Pledge. If Lender is the Accumulations Depositary, Lender shall have no obligation to pay interest on such Accumulations. TIAA Authorization ID # AAA-7346; TIAA Inv. ID # 000553801 Polaris Fashion Place Mortgage 15239260v.7
(f) Lender has the right to pay, or to direct the Accumulations Depository Depositary to pay, any Taxes or Assessments unless Grantor Borrower is contesting the Taxes or Assessments in accordance with the provisions of this Deed of TrustMortgage, in which event any payment of the contested Taxes or Assessments will be made under protest in the manner prescribed by Law or, at Lender's ’s election, will be withheld.
(g) If Lender assigns this Deed of TrustMortgage, Lender will pay, or cause the Accumulations Depository Depositary to pay, the unapplied balance of the Accumulations to or at the direction of the assignee. Simultaneously with the payment, Lender and the Accumulations Depository Depositary will be released from all liability with respect to the Accumulations and Grantor Borrower will look solely to the assignee with respect to the Accumulations. When the Obligations have been fully satisfied, any unapplied balance of the Accumulations will be returned to GrantorBorrower. At any time after an Event of Default occurs, Lender may apply the Accumulations as a credit against any portion of the Debt selected by Lender in its sole discretion.
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Accumulations. (a) Grantor In accordance with the Tax Pledge, Borrower made an initial deposit with either Lender or a mortgage servicer or financial institution designated or approved by Lender from time to time time, acting on behalf of ▇▇▇▇▇▇ as ▇▇▇▇▇▇’s agent or otherwise such that Lender is the “customer”, as defined in the Uniform Commercial Code, of the depository bank with respect to the deposit account into which the Accumulations are deposited, to receive, hold and disburse the Accumulations in accordance with this Section the Tax Pledge (the "ACCUMULATIONS DEPOSITORY") and in accordance with the Pledge and Security Agreement (the "Pledge and Security Agreement") to be entered into among Grantor, Lender and a pledge agent for the “Accumulations DepositoryDepositary”). On the first day of each calendar month during the Term Grantor Term, Borrower will deposit with the Accumulations Depository Depositary an amount equal to one-twelfth (1/12) 1/12th of the annual Real Estate Taxes and Assessments as determined by Lender or its designeeagent. At Except as otherwise required by the Tax Pledge, at least 30 days before each Imposition Penalty Date, Grantor Borrower will deliver to the Accumulations Depository Depositary any bills and other documents that are necessary to pay the Taxes and AssessmentsReal Estate Taxes.
(b) The Accumulations will be applied to the payment of Taxes and Assessmentsthe Real Estate Taxes. Any excess Accumulations after payment of the Real Estate Taxes and Assessments will be returned to Grantor Borrower or credited against future payments of the Accumulations, at Lender's ▇▇▇▇▇▇’s election or as required by Law. If the Accumulations are not sufficient to pay Taxes and Assessmentsthe Real Estate Taxes, Grantor will except as otherwise required by the Tax Pledge, Borrower shall promptly pay the deficiency to the Accumulations Depository within 5 days of demand. At Depositary (any time after an Event of Default occursin any event, Lender may apply not less than 10 Business Days prior to the Accumulations as a credit against any portion of the Obligations selected by Lender in its sole discretionImposition Penalty Date).
(c) The Accumulations Depository Depositary will hold the Accumulations as additional security for the Obligations until applied in accordance with the provisions of this Deed of TrustMortgage and the Tax Pledge. If Lender is not the Accumulations DepositoryDepositary, the Accumulations Depository Depositary will deliver the Accumulations to Lender upon Lender's ▇▇▇▇▇▇’s demand at any time after an Event of Default.
(d) If the Property is sold or conveyed other than by foreclosure or transfer in lieu of foreclosure, all right, title and interest of Grantor Borrower to the Accumulations will automatically, and without necessity of further assignment, be held for the account of the new owner, subject to the provisions of this Section and Grantor Borrower will have no further interest in the Accumulations.
(e) The Accumulations Depository Depositary has deposited the initial deposit and will deposit the monthly deposits into an account with a financial institution selected by Lender, which funds may be held in either a separate interest bearing account in the name of Borrower, as pledged to the Lender as secured partyor commingled account, all in accordance with the Pledge and Security AgreementTax Pledge. If Lender is the Accumulations Depositary, Lender shall have no obligation to pay interest on such Accumulations.
(f) Lender has the right to pay, or to direct the Accumulations Depository Depositary to pay, any Real Estate Taxes or Assessments unless Grantor Borrower is contesting the such Real Estate Taxes or Assessments in accordance with the provisions of this Deed of TrustMortgage, in which event any payment of the contested Real Estate Taxes or Assessments will be made under protest in the manner prescribed by Law or, at Lender's ▇▇▇▇▇▇’s election, will be withheld.
(g) If Lender assigns this Deed of TrustMortgage, Lender will pay, or cause the Accumulations Depository Depositary to pay, the unapplied balance of the Accumulations to or at the direction of the assignee. Simultaneously with the payment, Lender and the Accumulations Depository Depositary will be released from all liability with respect to the Accumulations and Grantor Borrower will look solely to the assignee with respect to the Accumulations. When the Obligations have been fully satisfied, any unapplied balance of the Accumulations will be returned to GrantorBorrower. At any time after an Event of Default occurs, Lender may apply the Accumulations as a credit against any portion of the Debt selected by ▇▇▇▇▇▇ in its sole discretion.
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