Common use of Grant of Mortgage Clause in Contracts

Grant of Mortgage. The Mortgagor, for the purpose of securing the prompt payment of indebtedness as it becomes due and also for and in consideration of the sum of Ten and No/100 Dollars ($10.00) to it in hand paid by the Mortgagee, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, released, conveyed, and confirmed, and by these presents does grant, bargain, sell, alien, release, convey, and confirm unto the Mortgagee forever all that tract or parcel of land situated, lying and being in the County of Xxx, State of Florida, described as follows, to-wit: See attached Exhibit “A” Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and any and all buildings, improvements, and fixtures now or hereafter existing on the real property, and any and all personal property used or to be used in connection with the operation of any business on the property whether or not attached to the land, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof, and also in all the estate, rights, title, interest, property, possession, claim and demand whatsoever, as well as in law as in equity of the Mortgagor, of, in, and to the same, and every part and parcel thereof with the appurtenances. To have and to hold the herein granted and described premises with the appurtenances unto the Mortgagee, to its own proper use, benefit, and behoof forever; and the said Mortgagor does covenant with the Mortgagee that it is seized of an indefeasible estate in fee simple in such premises and will warrant and forever defend the title thereof unto the Mortgagee against all lawful claims whatsoever.

Grant of Mortgage. The For consideration paid, the Mortgagor hereby grants to the Mortgagee with Mortgage Covenants to secure [Alt. for note: the payment of Dollars ($ ) with interest thereon, as provided in the promissory note (the “Note”) of [Mortgagor/maker of note] of even date payable to the order of the Mortgagee], [Alt. for guaranty: the performance by [guarantor] of its obligations as guarantor under a guaranty agreement (the “Guaranty”) of even date between it and [obligee] to secure the performance of all covenants and agreements contained in this Mortgage, the [Note/Guaranty] and in any other instrument now existing or hereafter entered into to provide additional security for the purpose of securing [Note/Guaranty], as they may be amended (collectively, the prompt “Loan Documents”), and to secure the payment of indebtedness as it becomes due or performance of all other debts, covenants and also agreements of or by the Mortgagor to or for and in consideration the benefit of the sum Mortgagee now existing or hereafter arising while this Mortgage is still undischarged of Ten and No/100 Dollars ($10.00) to it in hand paid by the Mortgagee, at or before the ensealing and delivery of these presentsrecord, the receipt whereof is hereby acknowledgedland in , has grantedall as described in Exhibit A attached hereto, bargained, sold, released, conveyed, and confirmed, and by these presents does grant, bargain, sell, alien, release, convey, and confirm unto the Mortgagee forever all that tract or parcel of land situated, lying and being in the County of Xxx, State of Florida, described as follows, to-wit: See attached Exhibit “A” Together together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and any and all buildings, improvements, and fixtures improvements now or hereafter existing on the real property, and any situated thereon and all personal property used rents, issues and profits and other appurtenant rights associated with the ownership of such land (collectively, the “Real Property”). As further security for the Mortgagor’s obligations, the Mortgagor hereby grants to the Mortgagee a security interest in all equipment (as defined in the Uniform Commercial Code), now or hereafter located on or intended to be used in connection with the Real Property (including fixtures); all insurance proceeds including interest payable in connection with any damage or loss to the Mortgaged Property, all eminent domain awards made with respect to the Mortgaged Property, all licenses and permits for the use or occupancy of the Real Property, all trade names associated with the use or occupancy of the Real Property, all books and records relating to the Mortgagor’s operation of any business on the property whether Real Property, [and] all contracts, agreements and warranties, including rights to return of deposits, prepaid premiums or not attached other payments, relating to the landconstruction, use or occupancy of the Real Property; [Alt for all personal property: and all other personal property of the Mortgagor arising from, or now or hereafter relating to, located at or used in connection with the Real Property, including without limitation, all inventory, equipment, and other goods, documents, instruments, general intangibles, chattel paper, accounts and contract rights (each as defined in the reversion or reversions, remainder and remainders, rents, issues and profits thereof, and also in all the estate, rights, title, interest, property, possession, claim and demand whatsoever, as well as in law as in equity of the Mortgagor, of, in, and to the same, and every part and parcel thereof with the appurtenances. To have and to hold the herein granted and described premises with the appurtenances unto the Mortgagee, to its own proper use, benefit, and behoof forever; Uniform Commercial Code),] and the said Mortgagor does covenant with proceeds therefrom (collectively, the Mortgagee that it is seized of an indefeasible estate in fee simple in such premises “Personal Property”). The Real Property and will warrant and forever defend the title thereof unto Personal Property are referred to collectively as the Mortgagee against all lawful claims whatsoever“Mortgaged Property”.

Grant of Mortgage. The MortgagorTo secure the full and timely payment, performance and discharge of the Obligations, Mortgagor hereby irrevocably MORTGAGES, GRANTS, BARGAINS, SELLS, ENFEOFFS, ASSIGNS, TRANSFERS and CONVEYS unto Mortgagee and Mortgagee's successors and assigns, as arranger and administrative agent for the Lenders pursuant to the terms of the Loan Agreement, for the purpose use and benefit of securing Mortgagee, the prompt payment real and personal property, rights, titles, interests and estates constituting the Mortgaged Property, subject, however, to the Permitted Encumbrances; TO HAVE AND TO HOLD the Mortgaged Property unto Mortgagee and Mortgagee's successors and assigns, subject to the terms and conditions of indebtedness this Mortgage, forever, and Mortgagor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND the title to the Mortgaged Property unto Mortgagee against every person whomsoever lawfully claiming or to claim the same or any part thereof, subject only to the Permitted Encumbrances; provided, however, that if Mortgagor shall pay (or cause to be paid) the Obligations as it becomes and when the same shall become due and also for payable and shall perform and discharge (or cause to be performed and discharged) the Obligations on or before the date the same are to be performed and discharged, then the mortgage interests, liens, security interests, estates and rights granted by this Mortgage shall terminate. Notwithstanding the foregoing, the maximum principal indebtedness secured hereby shall in consideration of no event exceed the sum of Ten and No/100 Dollars TWO MILLION AND 00/100 DOLLARS ($10.00) to it in hand paid by the Mortgagee, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, released, conveyed, and confirmed, and by these presents does grant, bargain, sell, alien, release, convey, and confirm unto the Mortgagee forever all that tract or parcel of land situated, lying and being in the County of Xxx, State of Florida, described as follows, to-wit: See attached Exhibit “A” Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and any and all buildings, improvements, and fixtures now or hereafter existing on the real property, and any and all personal property used or to be used in connection with the operation of any business on the property whether or not attached to the land, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof, and also in all the estate, rights, title, interest, property, possession, claim and demand whatsoever, as well as in law as in equity of the Mortgagor, of, in, and to the same, and every part and parcel thereof with the appurtenances. To have and to hold the herein granted and described premises with the appurtenances unto the Mortgagee, to its own proper use, benefit, and behoof forever; and the said Mortgagor does covenant with the Mortgagee that it is seized of an indefeasible estate in fee simple in such premises and will warrant and forever defend the title thereof unto the Mortgagee against all lawful claims whatsoever2,000,000.00).

Grant of Mortgage. The Mortgagor, for the purpose of securing the prompt payment of indebtedness as it becomes due and also for and in In consideration of the sum premises and of Ten other good and No/100 Dollars ($10.00) valuable consideration, the receipt and adequacy whereof are hereby acknowledged, and in order to secure the payment of the Secured Obligations and to secure its performance and observance of and compliance with the covenants, terms and conditions contained in this Mortgage and the other Debt Documents to which it is a party, the Owner has granted, conveyed and mortgaged and does by these presents grant, convey and mortgage to and in hand paid by favor of the Mortgagee, at or before its successors and assigns, the ensealing whole of the Vessel TO HAVE AND TO HOLD the same unto the Mortgagee, its successors and delivery assigns, forever, upon the terms set forth in this Mortgage for the enforcement of the payment of the Secured Obligations and to secure its performance and observance of and compliance with the covenants, terms and conditions contained in this Mortgage and the other Debt Documents to which it is a party; PROVIDED, ONLY, and the condition of these presentspresents are such that, if the receipt whereof Owner and/or its successors or assigns shall pay or cause to be paid the Secured Obligations as and when the same shall become due and payable in accordance with the terms of this Mortgage and the other Debt Documents to which it is hereby acknowledgeda party and shall perform, has granted, bargained, sold, released, conveyed, observe and confirmed, and by these presents does grant, bargain, sell, alien, release, convey, and confirm unto the Mortgagee forever all that tract or parcel of land situated, lying and being in the County of Xxx, State of Florida, described as follows, to-wit: See attached Exhibit “A” Together comply with all and singular of the tenementscovenants, hereditaments terms and appurtenances thereunto belonging conditions contained in this Mortgage and the other Debt Documents to which it is a party, expressed or in anywise appertainingimplied, to be performed, observed or complied with by and any and all buildings, improvements, and fixtures now or hereafter existing on the real propertypart of the Owner or its successors or assigns, all without delay or fraud and any according to the true intent and meaning hereof and thereof, then, these presents and the rights of the Mortgagee under this Mortgage shall cease and determine and, in such event, the Mortgagee agrees by accepting this Mortgage, at the expense of the Owner, to execute all personal property used or such documents as the Owner may reasonably require to discharge this Mortgage under the laws of the Republic of Vanuatu otherwise to be used and remain in connection with the operation of any business on the property whether or not attached to the land, full force and the reversion or reversions, remainder and remainders, rents, issues and profits thereof, and also in all the estate, rights, title, interest, property, possession, claim and demand whatsoever, as well as in law as in equity of the Mortgagor, of, in, and to the same, and every part and parcel thereof with the appurtenances. To have and to hold the herein granted and described premises with the appurtenances unto the Mortgagee, to its own proper use, benefit, and behoof forever; and the said Mortgagor does covenant with the Mortgagee that it is seized of an indefeasible estate in fee simple in such premises and will warrant and forever defend the title thereof unto the Mortgagee against all lawful claims whatsoevereffect.

Grant of Mortgage. The Mortgagor, for the purpose of securing the prompt payment of indebtedness as it becomes due and also for and in In consideration of the sum premises and of Ten other good and No/100 Dollars ($10.00) valuable consideration, the adequacy and receipt whereof are hereby acknowledged, and in order to it secure the payment of the Obligations and the repayment of any costs of foreclosure or of retaking the Vessel, and the payment of all such other amounts as may hereafter become secured by this Mortgage in hand paid accordance with the terms hereof, and to secure the performance and observance of and compliance with the covenants, terms and conditions contained in this Mortgage, the Indenture, and the other Security Documents to which the Shipowner is a party, the Shipowner has granted, conveyed, pledged and mortgaged and does by these presents grant, convey, pledge and mortgage to and in favor of the Mortgagee, at its successors and assigns the whole of the Vessel, together with all of the boilers, engines, machinery, masts, spars, rigging, boats, cables, anchors, chains, tackle, apparel, furniture, fittings, freights and equipment thereunto appertaining or before belonging, whether now owned or hereafter acquired, whether on board or not, and all additions, improvements and replacements hereafter made in or to the ensealing Vessel (the term "Vessel", as used herein, shall include the Vessel together with all of the foregoing and delivery the Vessel's freights) To Have And To Hold the same unto the Mortgagee, its successors and assigns, forever upon the terms set forth in this Mortgage for the enforcement of the payment of the Obligations, the payment of any costs of foreclosure or retaking of the Vessel and all such other amounts as may hereafter become secured by this Mortgage in accordance with the terms hereof and to secure the performance and observance of and compliance with the covenants, terms and conditions contained in this Mortgage and the Security Documents, it being agreed that if any amount payable by the Shipowner under the Indenture is not paid on its due date (whether formally demanded or not) the whole or the balance of the Obligations and all other amounts payable under the Indenture and the Security Documents shall forthwith on demand become payable; provided, however, and the conditions of these presentspresents are such that, if the receipt whereof is hereby acknowledged, has granted, bargained, sold, released, conveyedShipowner shall pay or cause to be paid to the Mortgagee all of the Obligations as set forth in the Indenture and the other Security Documents, and confirmedif the Shipowner shall pay all such other amounts as may hereafter become secured by this Mortgage and all expenses which the Mortgagee shall have paid or incurred to protect the security granted hereunder, and by these presents does grantif the Shipowner shall perform, bargain, sell, alien, release, convey, observe and confirm unto the Mortgagee forever all that tract or parcel of land situated, lying and being in the County of Xxx, State of Florida, described as follows, to-wit: See attached Exhibit “A” Together comply with all and singular of the tenementscovenants, hereditaments terms and appurtenances thereunto belonging conditions in this Mortgage, the Indenture and the other Security Documents contained, expressed or in anywise appertainingimplied, to be performed, observed or complied with by and any and all buildings, improvements, and fixtures now or hereafter existing on the real propertypart of the Shipowner or its successors or assigns, all without delay or fraud and any and all personal property used or to be used in connection with the operation of any business on the property whether or not attached according to the landtrue intent and meaning hereof and therefor, then these presents and the reversion or reversions, remainder and remainders, rents, issues and profits thereof, and also in all the estate, rights, title, interest, property, possession, claim and demand whatsoever, as well as in law as in equity rights of the MortgagorMortgagee under this Mortgage, of, in, and to the same, and every part and parcel thereof with the appurtenances. To have and to hold the herein granted and described premises with the appurtenances unto the Mortgagee, to its own proper use, benefit, and behoof forever; Indenture and the said Mortgagor does covenant with other Security Documents shall cease and, in such event, the Mortgagee that it is seized agrees by accepting this Mortgage to execute, at the expense of an indefeasible estate the Shipowner, all such documents as the Shipowner may reasonably require to discharge this Mortgage under the laws of the Republic of Liberia; otherwise this Mortgage shall remain in fee simple in such premises full force and will warrant and forever defend the title thereof unto the Mortgagee against all lawful claims whatsoevereffect.

Grant of Mortgage. The Mortgagor, for the purpose of securing the prompt payment of indebtedness as it becomes due and also for and in In consideration of the sum premises and of Ten other good and No/100 Dollars ($10.00) valuable consideration, the receipt and adequacy whereof are hereby acknowledged, and in order to secure the payment of the Secured Obligations and to secure its performance and observance of and compliance with the covenants, terms and conditions contained in this Mortgage and the other Debt Documents to which it is a party, the Owner has granted, conveyed and mortgaged and does by these presents grant, convey and mortgage to and in hand paid by favor of the Mortgagee, at or before its successors and assigns, the ensealing whole of the Vessels TO HAVE AND TO HOLD the same unto the Mortgagee, its successors and delivery assigns, forever, upon the terms set forth in this Mortgage for the enforcement of the payment of the Secured Obligations and to secure its performance and observance of and compliance with the covenants, terms and conditions contained in this Mortgage and the other Debt Documents to which it is a party; PROVIDED, ONLY, and the condition of these presentspresents are such that, if the receipt whereof Owner and/or its successors or assigns shall pay or cause to be paid the Secured Obligations as and when the same shall become due and payable in accordance with the terms of this Mortgage and the other Debt Documents to which it is hereby acknowledgeda party and shall perform, has granted, bargained, sold, released, conveyed, observe and confirmed, and by these presents does grant, bargain, sell, alien, release, convey, and confirm unto the Mortgagee forever all that tract or parcel of land situated, lying and being in the County of Xxx, State of Florida, described as follows, to-wit: See attached Exhibit “A” Together comply with all and singular of the tenementscovenants, hereditaments terms and appurtenances thereunto belonging conditions contained in this Mortgage and the other Debt Documents to which it is a party, expressed or in anywise appertainingimplied, to be performed, observed or complied with by and any and all buildings, improvements, and fixtures now or hereafter existing on the real propertypart of the Owner or its successors or assigns, all without delay or fraud and any according to the true intent and meaning hereof and thereof, then, these presents and the rights of the Mortgagee under this Mortgage shall cease and determine and, in such event, the Mortgagee agrees by accepting this Mortgage, at the expense of the Owner, to execute all personal property used or such documents as the Owner may reasonably require to discharge this Mortgage under the laws of the United States of America otherwise to be used and remain in connection with the operation of any business on the property whether or not attached to the land, full force and the reversion or reversions, remainder and remainders, rents, issues and profits thereof, and also in all the estate, rights, title, interest, property, possession, claim and demand whatsoever, as well as in law as in equity of the Mortgagor, of, in, and to the same, and every part and parcel thereof with the appurtenances. To have and to hold the herein granted and described premises with the appurtenances unto the Mortgagee, to its own proper use, benefit, and behoof forever; and the said Mortgagor does covenant with the Mortgagee that it is seized of an indefeasible estate in fee simple in such premises and will warrant and forever defend the title thereof unto the Mortgagee against all lawful claims whatsoevereffect.

Grant of Mortgage. The Mortgagor, for the purpose of securing the prompt payment of indebtedness as it becomes due and also for and in In consideration of the sum premises and of Ten other good and No/100 Dollars ($10.00) valuable consideration, the receipt and adequacy whereof are hereby acknowledged, and in order to it secure the due and punctual payment of the Secured Obligations and to secure the performance and observance of and compliance with the covenants, terms and conditions contained in hand paid the Credit Agreement, this Mortgage, and the other Loan Documents, the Owner does by these presents grant, convey and mortgage by way of first preferred mortgage to and in favor of the Mortgagee, at or before its successors and assigns, the ensealing whole of the Vessel TO HAVE AND TO HOLD the same unto the Mortgagee, its successors and delivery assigns upon the terms set forth in this Mortgage for the enforcement of the payment of the Secured Obligations and to secure the performance and observance of and compliance with the covenants, terms and conditions contained in the Credit Agreement, this Mortgage, and the other Loan Documents; PROVIDED, ONLY, and the conditions of these presentspresents are such that, if the Owner and/or its successors or assigns shall pay or cause to be paid to the Creditors, their respective successors and assigns, the receipt whereof is hereby acknowledgedSecured Obligations as and when the same shall become due and payable in accordance with the terms of this Mortgage, has grantedthe Credit Agreement and the other Loan Documents and shall perform, bargained, sold, released, conveyed, observe and confirmed, and by these presents does grant, bargain, sell, alien, release, convey, and confirm unto the Mortgagee forever all that tract or parcel of land situated, lying and being in the County of Xxx, State of Florida, described as follows, to-wit: See attached Exhibit “A” Together comply with all and singular of the tenementscovenants, hereditaments terms and appurtenances thereunto belonging conditions contained in the Credit Agreement, this Mortgage and the other Loan Documents, expressed or in anywise appertainingimplied, to be performed, observed or complied with by and any and all buildings, improvements, and fixtures now or hereafter existing on the real propertypart of the Owner or its successors or assigns, all without delay or fraud and any and all personal property used or to be used in connection with the operation of any business on the property whether or not attached according to the landtrue intent and meaning hereof and thereof, then, these presents and the reversion or reversions, remainder and remainders, rents, issues and profits thereof, and also in all the estate, rights, title, interest, property, possession, claim and demand whatsoever, as well as in law as in equity rights of the MortgagorMortgagee under this Mortgage shall cease and determine and, ofin such event, inthe Mortgagee agrees by accepting this Mortgage, and to at the same, and every part and parcel thereof with expense of the appurtenances. To have and to hold the herein granted and described premises with the appurtenances unto the MortgageeOwner, to its own proper use, benefit, and behoof forever; and execute all such documents as the said Mortgagor does covenant with Owner may reasonably require to discharge this Mortgage under the Mortgagee that it is seized laws of an indefeasible estate in fee simple in such premises and will warrant and forever defend the title thereof unto Republic of the Mortgagee against all lawful claims whatsoeverXxxxxxxx Islands.