Due on Sale Encumbrance. Trustor shall not sell, transfer, assign, further encumber, hypothecate, or in any way dispose of or use as collateral for another loan or obligation of Trustor, the Property or any interest therein without first obtaining the prior written consent of Beneficiary, which consent may be granted, conditioned or withheld in the sole discretion of Beneficiary. Any violation of the restrictions set forth herein, whether by act, omission or by virtue of law, shall be considered a default in the performance of the obligations of Trustor under the Trust Deed and Beneficiary shall have the same rights with respect thereto as are provided to Beneficiary under the Trust Deed with respect to any default by Trustor in the payment of any indebtedness secured under the Trust Deed or in Trustor’s performance of any agreement thereunder.
Due on Sale Encumbrance. Section 8.1
Due on Sale Encumbrance. Mortgagor agrees that Mortgagor shall not sell, convey, mortgage, grant, bargain, encumber, pledge, assign, or otherwise transfer the Property or any part thereof or permit the Property or any part thereof (other than the interest of a tenant) to be sold, conveyed, mortgaged, granted, bargained, encumbered, pledged, assigned, or otherwise transferred in any transaction which does not result in full payment of the Debt at the time of the closing of such transaction, except as otherwise permitted in Section 11 hereof.
Due on Sale Encumbrance. Borrower expressly agrees that upon a violation of Article 8 of this Security Instrument by Borrower and acceleration of the principal balance of the Note because of such violation, Borrower will pay all sums required to be paid in connection with a prepayment, if any, as described in the Note, herein imposed on prepayment after an Event of Default and acceleration of the principal balance. Borrower expressly acknowledges that Borrower has received adequate consideration for the foregoing agreement. BORROWER: AAT OREGON OFFICE I, LLC, a Delaware limited liability company By: First American Exchange Company, LLC, a Delaware limited liability company, its sole member By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Senior Vice President [NO FURTHER TEXT ON THIS PAGE]
Due on Sale Encumbrance. Borrower expressly agrees that upon a violation of Article 8 of this Security Instrument by Borrower and acceleration of the principal balance of the Note because of such violation, Borrower will pay all sums required to be paid in connection with a prepayment, if any, as described in the Note, herein imposed on prepayment after an Event of Default and acceleration of the principal balance. Borrower expressly acknowledges that Borrower has received adequate consideration for the foregoing agreement. ABW HOLDINGS LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxxxx Name: Xxxxxx X. Xxxxxxxx Title: Executive Vice President
Due on Sale Encumbrance. If any of the representations or covenants in Section 9.1 hereof are breached or violated.
Due on Sale Encumbrance. Except in accordance with the express terms and conditions contained in the Credit Agreement or any other Loan Document, Owner shall not cause or permit a sale, conveyance, mortgage, grant, bargain, encumbrance, pledge, assignment, or grant of any options with respect to, or any other transfer or disposition (directly or indirectly, voluntarily or involuntarily, by operation of law or otherwise, and whether or not for consideration or of record) of a legal or beneficial interest in the Property or any part thereof, Owner, any constituent owner or other holder of a direct or indirect equity interest in Owner, any indemnitor or other guarantor of the Loans, any constituent owner or other holder of a direct or indirect equity interest in such indemnitor or guarantor, any manager or operating lessee of the Property that is affiliated with Owner or any constituent owner or other holder of a direct or indirect equity interest in such manager or such operating lessee.
Due on Sale Encumbrance. No Sale/Encumbrance. Neither Mortgagor nor any Restricted Party shall Transfer the Property or any part thereof or any interest therein or permit or suffer the Property or any part thereof or any interest therein to be Transferred other than as expressly permitted pursuant to the terms of the Debt Guaranty and the Loan Agreement.
Due on Sale Encumbrance. The following is hereby added after the last sentence to Article 5 of this Security Instrument: Borrower expressly agrees that upon a violation of Article 5 of this Security Instrument by Borrower and acceleration of the principal balance of the Note because of such violation, Borrower will pay all sums required to be paid in connection with a prepayment, if any, as described in the Loan Agreement, herein imposed on prepayment after an Event of Default and acceleration of the principal balance. Borrower expressly acknowledges that Borrower has received adequate consideration for the foregoing agreement. BORROWER:333 SOUTH HOPE CO. LLC, a Delaware limitedliability companyBy: /s/ XXXXX KIRSCHNERName: Xxxxx KirschnerTitle: Vice President, Finance 333 SOUTH HOPE PLANT LLC, a Delawarelimited liability company By: /s/ XXXXX KIRSCHNERName: Xxxxx KirschnerTitle: Vice President, Finance Security Instrument (Section 17.6) – Signature Page STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) On August 5, 2014, before me, Xxxxxxxx Xxxxxx, Notary Public, personally appeared Xxxxx Xxxxxxxxx, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /s/ XXXXXXXX XXXXXX XXXXXXXX XXXXXX NOTARY PUBLIC-STATE OF NEW YORK No. 01GO6104465 Qualified in Nassau County My Commission Expires January 20, 0000 XXXXX XX XXX XXXX ) ) ss: COUNTY OF NEW YORK ) On August 5, 2014, before me, Xxxxxxxx Xxxxxx, Notary Public, personally appeared Xxxxx Xxxxxxxxx, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /s/ XXXXXXXX XXXXXX XXXXXXXX XXXXXX NOTARY PUBLIC-STATE OF NEW YORK No. 01GO6104465 Qualified in Nassau...
Due on Sale Encumbrance. Xxxxxxxx expressly agrees that upon a violation of Article 4 of this Security Instrument by Xxxxxxxx and acceleration of the principal balance of the Note because of such violation, Borrower will pay all sums required to be paid in connection with a prepayment, herein imposed on prepayment after an Event of Default and acceleration of the principal balance. BORROWER EXPRESSLY (A) WAIVES ANY RIGHTS IT MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 2954.10 TO PREPAY THE NOTE, IN WHOLE OR IN PART, WITHOUT FEE OR PENALTY, UPON ACCELERATION OF THE MATURITY DATE OF THE NOTE, AND (B) AGREES THAT IF, FOR ANY REASON, A PREPAYMENT OF THE NOTE IS MADE, UPON OR FOLLOWING ANY ACCELERATION OF THE MATURITY DATE OF THE NOTE BY XXXXXX OR ACCOUNT OF ANY DEFAULT BY BORROWER UNDER ANY LOAN DOCUMENT, INCLUDING BUT NOT LIMITED TO ANY TRANSFER, FURTHER ENCUMBRANCE OR DISPOSITION WHICH IS PROHIBITED OR RESTRICTED BY THE LOAN AGREEMENT OR THIS SECURITY INSTRUMENT, THEN BORROWER SHALL BE OBLIGATED TO PAY CONCURRENTLY ALL AMOUNTS REQUIRED TO BE PAID IN CONNECTION WITH A PREPAYMENT IF ANY, AS DESCRIBED IN THE NOTE. BY EXECUTING THIS PROVISION IN THE SPACE PROVIDED BELOW, XXXXXXXX AGREES THAT XXXXXX’S AGREEMENT TO MAKE THE LOAN AT THE INTEREST RATE AND FOR THE TERM SET FORTH IN THE NOTE AND THE LOAN AGREEMENT CONSTITUTES ADEQUATE CONSIDERATION FOR THIS WAIVER AND AGREEMENT. BEHRINGER HARVARD SANTA XXXXX LP, a Delaware limited partnership By: BEHRINGER HARVARD SANTA XXXXX GP, LLC, a Delaware limited liability company By: Name: Title:
