Common use of CONDITIONS TO GRANT Clause in Contracts

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Lender, and its successors and assigns, forever; IN TRUST, WITH THE POWER OF SALE, to secure payment to Lender of the Debt at the time and in the manner provided for in the Note, the Loan Agreement, and this Mortgage; PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Mortgage, shall well and truly perform the Other Obligations as set forth in this Mortgage and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void and Lender shall promptly thereafter xxxx the Note “paid in full” and will, at Borrower’s sole cost and expense, release the lien of this Mortgage (and Lender agrees to make reasonable efforts to do so within thirty days following the satisfaction of the conditions herein set forth and Borrower’s written request thereafter to provide such release); provided, however, that Borrower’s obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Lender, and to the use and benefit of Lender and its successors and assigns, forever; IN TRUST, WITH THE POWER OF SALE, to secure payment to Lender of the Debt at the time and in the manner provided for in the Note, the Loan Agreement, and this Mortgage; PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower Borrowers shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Mortgage, if Borrowers shall well and truly perform the Other Obligations as set forth in this Mortgage and if Borrowers shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void and Lender shall promptly thereafter xxxx the Note “paid in full” and will, at Borrower’s sole cost and expense, release the lien of this Mortgage (and Lender agrees to make reasonable efforts to do so within thirty days following the satisfaction of the conditions herein set forth and Borrower’s written request thereafter to provide such release)Mortgage; provided, however, that Borrower’s obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.

CONDITIONS TO GRANT. TO HAVE AND TO HOLD Subject to the above granted provisions of Section 1 hereof, this Mortgage is upon the STATUTORY CONDITION (except that any reference in such statutory condition to a "default" shall mean an Event of Default hereunder) and described Property unto Lenderupon the further condition that all covenants and agreements on the part of Mortgagor herein undertaken shall be kept and fully and reasonably performed and that no breach of any other of the conditions specified herein shall be permitted, and its successors and assignsfor any breach of which conditions, forever; IN TRUSTwhich breach is or becomes an Event of Default, WITH THE Mortgagee shall have the STATUTORY POWER OF SALE; provided, to secure payment to Lender of the Debt at the time and in the manner provided for in the Note, the Loan Agreement, and this Mortgage; PROVIDED, HOWEVERhowever, these presents are upon the express condition that, if Borrower Mortgagor shall well and truly pay to Lender the Debt Secured Obligations at the time and in the manner provided in the Note, the Loan Agreement Note and this Mortgage, shall well and truly perform the Other Obligations as set forth in this Mortgage and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void and Lender shall promptly thereafter xxxx void. When all of the Note “Secured Obligations have been paid in full” and will, Lender shall release of record this Mortgage at Borrower’s the sole cost and expenseexpense of the Mortgagor, release the lien of and shall surrender this Mortgage (and Lender agrees all notes and instruments evidencing the Secured Obligations to make reasonable efforts to do so within thirty days following the satisfaction of the conditions herein set forth and Borrower’s written request thereafter to provide such release); provided, however, that Borrower’s obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or releaseMortgagor.

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Lenderand to the use and benefit of Agent, for the benefit of the Secured Parties, and its successors and assigns, forever; IN TRUST, • WITH THE POWER OF SALE, to secure Mortgagor’s performance of and payment to Lender the Lenders and the Agents of the Debt Obligations at the time and in the manner provided for in the NoteCredit Agreement, the Loan Agreement, Notes and this MortgageMortgage or the other Credit Documents; • PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower Mortgagor shall well and truly (a) pay to Lender Agent and perform the Debt other the Obligations at the time and in the manner provided in the NoteCredit Agreement, the Loan Agreement and this MortgageNotes, shall well and truly perform the Other Obligations as set forth in this Mortgage and shall well the other Credit Documents and truly (b) abide by and comply with each and every covenant and condition set forth herein and in the NoteCredit Agreement, the Loan Agreement Notes, this Mortgage and the other Loan Credit Documents, these presents and the estate hereby granted shall cease, terminate and be void and Lender shall promptly thereafter xxxx the Note “paid in full” and will, at Borrower’s sole cost and expense, release the lien of this Mortgage (and Lender agrees to make reasonable efforts to do so within thirty days following the satisfaction of the conditions herein set forth and Borrower’s written request thereafter to provide such release)void; provided, however, that BorrowerMortgagor’s obligation to indemnify and hold harmless Lender each Secured Party pursuant to the provisions hereof shall survive any such payment or release. Upon request of Mortgagor, Agent shall execute and deliver for recording, upon the written request of Mortgagor, at Mortgagor’s sole cost and expense, any documentation reasonably requested by Mortgagor to evidence such termination (including, without limitation, a recordable mortgage satisfaction or any other documentation reasonably required by a title company) or alternatively assign the Mortgage to a new Agent at Mortgagor’s written request and at Mortgagor’s sole cost and expense in accordance with the Credit Agreement in the event of a permitted refinancing that satisfies all Obligations (other than contingent indemnification obligations not yet due and payable).

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee, as trustee for the benefit of Lender, and to its successors in trust and assigns, forever; IN TRUST, WITH THE POWER OF SALE, to secure payment to Lender of the Debt at the time and in the manner provided for in the Note, the Loan Agreement, and this Mortgage; PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Mortgage, shall well and truly perform the Other Obligations as set forth in this Mortgage and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void and Lender shall promptly thereafter xxxx the Note “"paid in full” " and will, at Borrower’s 's sole cost and expense, release the lien of this Mortgage (and Lender agrees to make reasonable efforts to do so within thirty days following the satisfaction of the conditions herein set forth and Borrower’s written request thereafter to provide such release)Mortgage; provided, however, that Borrower’s 's obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Trustee, as trustee for the benefit of Lender, and its successors and assigns, forever; IN TRUST, WITH THE POWER OF SALE, to secure payment to Lender of the Debt at the time and in the manner provided for in the Note, the Loan Agreement, and this Mortgage; PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Mortgage, shall well and truly perform the Other Obligations as set forth in this Mortgage and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void and Lender shall promptly thereafter xxxx the Note “paid in full” and will, at Borrower’s sole cost and expense, release the lien of this Mortgage (and Lender agrees to make reasonable efforts to do so within thirty days following the satisfaction of the conditions herein set forth and Borrower’s written request thereafter to provide such release); provided, however, that Borrower’s obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Lender, and its successors and assigns, forever; IN TRUST, MORTGAGE COVENANT, AND THE STATUTORY CONDITION AND WITH THE STATUTORY POWER OF SALE, to secure payment to Lender of the Debt at the time and in the manner provided for in the Note, the Loan Agreement, and this Mortgage; PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Mortgage, shall well and truly perform the Other Obligations as set forth in this Mortgage and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void and Lender shall promptly thereafter xxxx the Note “paid in full” and will, at Borrower’s sole cost and expense, release the lien of this Mortgage (and Lender agrees to make reasonable efforts to do so within thirty days following the satisfaction of the conditions herein set forth and Borrower’s written request thereafter to provide such release); provided, however, that Borrower’s obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Lender, and to the use and benefit of Lender and its successors and assigns, forever; IN TRUST, WITH THE POWER OF SALE, to secure payment to Lender of the Debt at the time and in the manner provided for in the Note, the Loan Agreement, and this Mortgage; PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender the Debt at the time and in the manner provided in the Note, the Loan Agreement and this Mortgage, shall well and truly perform the Other Obligations as set forth in this Mortgage and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the other Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void and Lender shall promptly thereafter xxxx the Note “paid in full” and will, at Borrower’s sole cost and expense, release the lien of this Mortgage (and Lender agrees to make reasonable efforts to do so within thirty days following the satisfaction of the conditions herein set forth and Borrower’s written request thereafter to provide such release)Mortgage; provided, however, that Borrower’s obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto Public Trustee, as trustee for the benefit of each Lender, and its respective successors in the trust created by this Security Instrument and to such Lender's respective assigns, forever, in trust, upon the terms and conditions set forth herein; IN TRUST, WITH THE POWER OF SALE, to secure payment to each Lender of the portion of the Debt held by such Lender at the time and in the manner provided for its payment in the Note, the Loan Agreement, respective Debentures and in this MortgageSecurity Instrument; PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to each Lender the portion of Debt due to such Lender at the time and in the manner provided in each of the Note, the Loan Agreement Debentures and this MortgageSecurity Instrument, shall well and truly perform the Other Obligations (as defined in Section 2.1 hereof) as set forth in this Mortgage Security Instrument and shall well and truly abide by and comply with each and every covenant and condition set forth herein and in the NoteDebentures, the Loan Agreement and the other Loan Documentsor if each Lender shall fully exercise its respective right to convert their Debentures to stock of Borrower, these presents and the estate hereby granted shall cease, terminate and be void and each Lender shall promptly thereafter xxxx the Note “paid in full” execute and will, at Borrower’s sole cost and expense, deliver to Borrower such documents as may be required to release the lien this Security Instrument of this Mortgage (and Lender agrees to make reasonable efforts to do so within thirty days following the satisfaction of the conditions herein set forth and Borrower’s written request thereafter to provide such release); provided, however, that Borrower’s obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or releaserecord.