Common use of CONDITIONS TO GRANT Clause in Contracts

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto and to the use and benefit of Lender and its successors and assigns, forever; 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 xxxx the Note "paid in full" and will, at Borrower's sole cost and expense, release the lien of this 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.

Appears in 2 contracts

Samples: Mortgage and Security Agreement (Inland Western Retail Real Estate Trust Inc), Mortgage and Security Agreement (Inland Western Retail Real Estate Trust Inc)

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CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto and to the use and benefit of Lender and its successors and assigns, forever; 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 xxxx the Note "paid in full" and will, at Borrower's ’s sole cost and expense, release the lien of this 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.

Appears in 1 contract

Samples: Leases and Rents and Security Agreement (Inland American Real Estate Trust, Inc.)

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto and to the use and benefit of Lender Trustee and its successors and assigns, forever; IN TRUST, WITH POWER OF SALE, to secure payment to Lender of the Obligations at the time and in the manner provided for its payment in the Note and in this Deed of Trust. PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender and perform the Debt Obligations (including the payment of the Debt) at the time and in the manner provided in this Deed of Trust, the Note, the Loan Agreement and this Mortgagethe other Loan Documents, 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 xxxx the Note "paid in full" and will, at Borrower's sole cost and expense, release the lien of this Mortgage; void: provided, however, that Borrower's obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.

Appears in 1 contract

Samples: Security Agreement (Lodging Fund REIT III, Inc.)

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto and to the use and benefit of Lender Mortgagee and its successors and assigns, forever; PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower Mortgagor shall well and truly pay to Lender Mortgagee the Debt at the time and in the manner provided in the Senior Loan Note, the Senior Loan Agreement Agreement, this Security Instrument and this Mortgagethe other Senior Loan Documents, shall well and truly perform the Other Obligations as set forth in this Mortgage Security Instrument and shall well and truly fully abide by and comply with each and every covenant and condition set forth herein and in the Senior Loan Note, the Senior Loan Agreement and the other Senior Loan Documents, these presents and the estate hereby granted shall cease, terminate and be void and Lender shall xxxx the Note "paid in full" and willvoid, or, at Borrower's sole cost Mortgagor’s request and expense, release the lien of this Mortgageshall be assigned by Lender to a new lender designated by Mortgagor or its successors and assigns; provided, however, that Borrower's Mortgagor’s obligation to indemnify and hold harmless Lender Mortgagee pursuant to the provisions hereof shall survive any such payment or release.

Appears in 1 contract

Samples: Rents and Security Agreement (KBS Real Estate Investment Trust, Inc.)

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto and to the use and benefit of Lender and its successors and assigns, forever; 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, if Borrower shall well and truly perform the Other Obligations as set forth in this Mortgage and if Borrower 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 xxxx the Note "paid in full" and will, at Borrower's ’s sole cost and expense, release the lien of this 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.

Appears in 1 contract

Samples: Security Agreement (Inland Diversified Real Estate Trust, Inc.)

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto and to the use and benefit of Lender and its successors and assigns, for the unexpired term or extended term of the Lease (or if Borrower shall acquire fee simple title, then, forever); 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 xxxx the Note "paid in full" and will, at Borrower's sole cost and expense, release the lien of this Mortgagevoid; provided, however, that Borrower's Xxxxxxxx’s obligation to indemnify and hold harmless Lender pursuant to the provisions hereof and the other Loan Documents and any provision which by its terms expressly survives prepayment or release shall survive any such payment or release.

Appears in 1 contract

Samples: TNP Strategic Retail Trust, Inc.

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CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto and to the use and benefit of Lender Trustee and its successors and assigns, forever; IN TRUST, WITH POWER OF SALE, to secure payment to Lender of the Obligations at the time and in the manner provided for its payment in the Note and in this Deed of Trust. PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall well and truly pay to Lender and perform the Debt Obligations (including the payment of the Debt) at the time and in the manner provided in this Deed of Trust, the Note, the Loan Agreement and this Mortgagethe other Loan Documents, 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 xxxx the Note "paid in full" and will, at Borrower's sole cost and expense, release the lien of this Mortgage; void: provided, however, that Borrower's obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release.. ARTICLE2

Appears in 1 contract

Samples: Rents and Security Agreement (Lodging Fund REIT III, Inc.)

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto and to the use and benefit of Lender Lender, and its the successors and assignsassigns of Lender, forever; PROVIDED, HOWEVER, these presents are upon the express condition that, that if Borrower shall well and truly pay to Lender and perform the Debt Obligations (defined below) (including the payment of the Debt) at the time and in the manner provided in the Note, the Loan Agreement Note and this MortgageSecurity Instrument, 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 Note and the other Loan DocumentsDocuments (defined below), these presents and the estate hereby granted shall cease, terminate and be void and Lender shall xxxx the Note "paid in full" and willLender, at Borrower's ’s sole cost and expense, shall promptly thereafter deliver to Borrower a release the lien of this MortgageSecurity Instrument in form suitable for recording; 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.

Appears in 1 contract

Samples: Security Agreement (Talon Real Estate Holding Corp.)

CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted and described Property unto and to the use and benefit of Lender and its successors and assigns, forever; PROVIDED, HOWEVER, these presents are made 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, and Borrower, Other Borrowers and Operator shall well and truly perform the Other Obligations (as herein defined) as set forth in this Mortgage and the other Loan Documents, and if each Mortgagor 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 xxxx the Note "paid in full" and will, at Borrower's sole cost and expense, release the lien of this Mortgagevoid; provided, however, that Borrower's Mortgagor’s obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release, except as set forth in the last sentence of Section 10.5.

Appears in 1 contract

Samples: Fixture Filing and Security Agreement (BRE Select Hotels Corp)

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