Common use of Mortgage Clause in Contracts

Mortgage. The BORROWER hereby secures the loan and other obligations stipulated herein, by a first mortgage on real property (ies) and improvements now existing or which may thereafter exist thereon absolutely owned by the BORROWER, free from all liens and encumbrances of whatever nature, and which property is more particularly described herein and/or in a supplementary page list appended hereto, (hereinafter referred to as the “Mortgaged Property” irrespective of number). BORROWER is making this first mortgage in favor of ORIGINATING INSTITUTION and subsequently the NHMFC or its assignee/ transferee. The BORROWER further agrees and warrants: that the loan proceeds were utilized to acquire/construct the same property herein mortgaged. to maintain the integrity, quality and sufficiency of the Mortgaged Property at a level acceptable to or directed by the ORIGINATING INSTITUTION or its assignee/transferee; to allow the ORIGINATING INSTITUTION or its assignee/transferee to inspect the Mortgaged Property during reasonable hours to ascertain its condition or actual market value; to substitute the Mortgaged Property with new and/or provide additional collateral (s) if the ORIGINATING INSTITUTION or its assignee/transferee finds that the Mortgaged Property is lost, impaired or depreciated due to any cause whatsoever; to duly pay or discharge all taxes, assessments, and charges on the Mortgaged Property and submit to the ORIGINATING INSTITUTION or its assignee/transferee proof of such payment; not to subdivide, lease, sell, dispose, mortgage or encumber the Mortgaged Property without the prior written consent of the ORIGINATING INSITUTION or its assignee/transferee, nor commit any act which may impair directly or indirectly, the value of the said mortgaged property; and, to issue twenty-five (25) post-dated checks (PDCs) in favor of NHMFC to cover the monthly amortizations for the first twenty-four (24) months from take-out date and (in the 25th check, which may also be held to cover all penalties, surcharges and/or liabilities incurred) the remaining outstanding balances every two (2) years until the loan is fully paid. In the event the mortgaged property is sold, disposed of or otherwise transferred in whole or in part by the BORROWER, the BORROWER shall not be released from his liability but shall be liable jointly and severally with the transferee unless expressly released therefrom in writing under existing policy of the ORIGINATING INSTITUTION, the NHMFC or its transferee and successor-in-interest. In all cases this mortgage shall constitute a first and superior lien on the mortgaged property. In case the BORROWER or his/her successor-in-interest fails or refuses to pay the loan herein secured, or violates any term or conditions herein stipulated, the ORIGINATING INSTITUTION, NHMFC or its assignee/transferee may, in addition to the remedies it may have by law or under this Agreement, declare all amortizations on the loan immediately due and payable and may immediately foreclose on this mortgage, judicially or extrajudicially. In case of extrajudicial foreclosure under Act No.3135, as amended:

Appears in 3 contracts

Samples: Loan and Mortgage Agreement, Loan and Mortgage Agreement, Loan and Mortgage Agreement

AutoNDA by SimpleDocs

Mortgage. The BORROWER hereby secures This Lease and Tenant's rights under this Lease are subject and subordinate to the loan liens of any mortgages or any lien resulting from any method of financing or refinancing, together with any renewals, extensions, modifications, consolidations and other obligations stipulated herein, by a first mortgage on real property (ies) and improvements now existing or which may thereafter exist thereon absolutely owned by the BORROWER, free from all liens and encumbrances replacements of whatever nature, and which property is more particularly described herein and/or in a supplementary page list appended hereto, them (hereinafter collectively referred to as "Mortgage"), which now or at any subsequent time encumber the “Mortgaged Property” irrespective Retail Area, the Premises, or the Project or any interest of numberLandlord in the Retail Area, the Premises or the Project or Landlord's interest in this Lease and the estate created by this Lease (except to the extent that any such instrument expressly provides that this Lease is superior to it). BORROWER is making , provided each and every such mortgagee or security holder first agrees in writing, in form and content mutually and reasonably acceptable to Tenant and such mortgagee, ground lessor, or other person, that if Landlord defaults under the Mortgage, such mortgagee or security holder shall recognize this first mortgage in favor of ORIGINATING INSTITUTION Lease and subsequently the NHMFC or its assignee/ transferee. The BORROWER further agrees and warrants: that the loan proceeds were utilized to acquire/construct the same property herein mortgaged. to maintain the integrity, quality and sufficiency not disturb Tenant's possession of the Mortgaged Property at a level Premises while Tenant in not in default of this Lease beyond any applicable cure period hereunder and agrees to such other matters as may be reasonably acceptable to Tenant and such Mortgagee or directed by security holder. Landlord agrees to use all reasonable efforts to obtain a Non-Disturbance Agreement for Tenant from the ORIGINATING INSTITUTION or its assignee/transferee; to allow the ORIGINATING INSTITUTION or its assignee/transferee to inspect the Mortgaged Property during reasonable hours to ascertain its condition or actual market value; to substitute the Mortgaged Property with new and/or provide additional collateral (s) if the ORIGINATING INSTITUTION or its assignee/transferee finds that the Mortgaged Property is lost, impaired or depreciated due to any cause whatsoever; to duly pay or discharge all taxes, assessments, and charges on the Mortgaged Property and submit to the ORIGINATING INSTITUTION or its assignee/transferee proof of such payment; not to subdivide, lease, sell, dispose, mortgage or encumber the Mortgaged Property without the prior written consent existing lender of the ORIGINATING INSITUTION or its assignee/transfereeRetail Area, nor commit any act which may impair directly or indirectly, the value of the said mortgaged property; and, to issue twenty-five (25) post-dated checks (PDCs) in favor of NHMFC to cover the monthly amortizations for the first twenty-four (24) months from take-out date and (in the 25th checkform and content of that attached hereto as Exhibit J and made a part hereof (any modifications of which shall be reasonably approved by Tenant and said lender), which may also be held simultaneously with Landlord's execution and delivery of this Lease to cover all penalties, surcharges and/or liabilities incurred) the remaining outstanding balances every two (2) years until the loan is fully paidTenant. In the event Landlord is unable to obtain a Non-Disturbance Agreement from each and every then existing mortgagee of Landlord's interest in the mortgaged property is soldProject, disposed on or before the execution of this Lease by both Landlord and Tenant, then either party hereto shall have the right to terminate this Lease upon ten (10) days prior written notice to the other at any time prior to obtaining such Non-Disturbance Agreement. Subject to the provisions of this paragraph, Tenant will execute, acknowledge and deliver to Landlord at any time and from time to time, upon demand by Landlord, such documents as may be reasonably requested by Landlord or otherwise transferred in whole or in part by the BORROWER, the BORROWER shall not be released from his liability but shall be liable jointly and severally with the transferee unless expressly released therefrom in writing under existing policy of the ORIGINATING INSTITUTION, the NHMFC or its transferee and successor-in-interest. In all cases this mortgage shall constitute a first and superior lien on the mortgaged property. In case the BORROWER or his/her successor-in-interest fails or refuses to pay the loan herein securedany mortgagee, or violates any term holder of a deed of trust or conditions herein stipulatedother instrument described in this paragraph, the ORIGINATING INSTITUTION, NHMFC to confirm or its assignee/transferee mayeffect any such subordination, in addition a form of agreement reasonably acceptable to the remedies it may have by law Tenant and Landlord's mortgagee, ground lessor or under this Agreement, declare all amortizations on the loan immediately due and payable and may immediately foreclose on this mortgage, judicially or extrajudicially. In case of extrajudicial foreclosure under Act No.3135, as amended:other security holder.

Appears in 2 contracts

Samples: Retail Lease (Smith & Wollensky Restaurant Group Inc), Retail Lease (New York Restaurant Group Inc)

Mortgage. The BORROWER hereby secures Landlord shall have the right to place trust deeds or mortgages against the Lease Premises as security for a loan and other obligations stipulated herein, obtained or to be obtained by a first mortgage on real property (ies) and improvements now Landlord. Tenant agrees to execute such documents as may be reasonably required by the lending agency making any such existing or which may thereafter exist thereon absolutely owned subsequent loans, including attornment agreements, subordination agreements and estoppel certificates, if requested; provided that if a mortgage or trust deed is to be placed on the Leased Premises, the Landlord and lender shall execute a subordination and non-disturbance agreement in a form consistent with the terms of this Lease and reasonably acceptable to Tenant. If Landlord's interest in the Leased Premises is sold or conveyed upon the exercise of any remedy provided for in any Underlying Mortgages, or otherwise by the BORROWERoperation of law, free from all liens then, so long as Tenant is not in default hereunder: (a) this Lease (and encumbrances of whatever natureany amendments, modifications and extensions thereof) will not be affected in any way, and which property is more particularly described herein and/or Tenant will attorn and recognize the new owner as Tenant's landlord under this Lease and Tenant will confirm such attornment in a supplementary page list appended hereto, writing within ten (hereinafter referred to as the “Mortgaged Property” irrespective of number). BORROWER is making this first mortgage in favor of ORIGINATING INSTITUTION and subsequently the NHMFC or its assignee/ transferee. The BORROWER further agrees and warrants: that the loan proceeds were utilized to acquire/construct the same property herein mortgaged. to maintain the integrity, quality and sufficiency of the Mortgaged Property at a level acceptable to or directed by the ORIGINATING INSTITUTION or its assignee/transferee10) days after request; to allow the ORIGINATING INSTITUTION or its assignee/transferee to inspect the Mortgaged Property during reasonable hours to ascertain its condition or actual market value; to substitute the Mortgaged Property with new and/or provide additional collateral (s) if the ORIGINATING INSTITUTION or its assignee/transferee finds that the Mortgaged Property is lost, impaired or depreciated due to any cause whatsoever; to duly pay or discharge all taxes, assessments, and charges on the Mortgaged Property and submit to the ORIGINATING INSTITUTION or its assignee/transferee proof of such payment; not to subdivide, lease, sell, dispose, mortgage or encumber the Mortgaged Property without the prior written consent of the ORIGINATING INSITUTION or its assignee/transferee, nor commit any act which may impair directly or indirectly, the value of the said mortgaged property; and, to issue twenty-five (25) post-dated checks (PDCs) in favor of NHMFC to cover the monthly amortizations for the first twenty-four (24) months from take-out date and (in the 25th check, which may also be held to cover all penalties, surcharges and/or liabilities incurredb) the remaining outstanding balances every two (2) years until the loan is fully paid. In the event the mortgaged property is sold, disposed of or otherwise transferred in whole or in part by the BORROWER, the BORROWER new owner shall not be released from his liability but (i) liable for any act or omission of Landlord under this Lease occurring prior to such sale or conveyance, or (ii) subject to any defense or offset, abatement or reduction of rent because of any default of Landlord under this Lease occurring prior to such sale or conveyance, (iii) liable to Tenant for any rent paid more than one (1) month in advance; or (iv) bound by any amendment or modification of this Lease made without the lender's request. This Lease is subject and subordinate to all mortgages, trust deeds, ground Leases or other encumbrances which may now or hereafter may affect the Leased Premises (the "Underlying Mortgages") and to all renewals, modifications, consolidations, replacements and extensions of any such Underlying Mortgages provided that the holder of such Underlying Mortgage and Tenant shall be liable jointly execute a subordination and severally non-disturbance agreement in a form consistent with the transferee unless expressly released therefrom in writing under existing policy terms of the ORIGINATING INSTITUTION, the NHMFC or its transferee this Lease and successor-in-interest. In all cases this mortgage shall constitute a first and superior lien on the mortgaged property. In case the BORROWER or his/her successor-in-interest fails or refuses reasonably acceptable to pay the loan herein secured, or violates any term or conditions herein stipulated, the ORIGINATING INSTITUTION, NHMFC or its assignee/transferee may, in addition Tenant prior to the remedies it may have by law or under this Agreement, declare all amortizations on date such Underlying Mortgage is recorded as a lien against the loan immediately due and payable and may immediately foreclose on this mortgage, judicially or extrajudicially. In case of extrajudicial foreclosure under Act No.3135, as amended:Leased Premises.

Appears in 1 contract

Samples: Lease Between (Decisionone Holdings Corp)

Mortgage. The BORROWER hereby secures Landlord gives notice to the loan and other obligations stipulated herein, by Tenant that possession of the premises may be sought under Ground II of part I of Schedule 2 of the Housing Xxx 0000 in that:- The premises are subject to a first mortgage granted before the beginning of the tenancy and; the mortgagee is entitled to exercise a power of sale conferred on real property (ies) and improvements now existing or which may thereafter exist thereon absolutely owned him by the BORROWER, free from mortgage or by section 101 of the Law of Property Xxx 0000; and the mortgagee requires possession of the premises for the purpose of disposing of it in exercise of that power and; either notice was given as mentioned in Ground I above or a Court is satisfied that it is just and equitable to do so For the purposes of this Ground “mortgage” includes a charge and “mortgagee” shall be construed accordingly. Mutual Break Clause It is hereby agreed and understood that any time after five months following the commencement of the initial fixed term of this tenancy the Tenant may invoke this break clause by providing a minimum of one calendar month’s written notice to the Landlord such notice to expire on or after 13th May 2021. It is further agreed that any time after four months following the commencement of the initial fixed term of this tenancy the Landlord may invoke this break clause by providing a minimum of two calendar months’ written notice to the Tenant such notice to expire on or after 13th May 2021. At the end of such notice the tenancy shall end and all liens obligations and encumbrances responsibilities shall cease; subject nevertheless to any claim by either party against the other in respect of whatever nature, any breach of any of the terms and which conditions of the agreement. Parking The property is more particularly described herein and/or offered without parking. The Tenant (and any occupiers of the Apartment from time to time for so long as they occupy the Premises) shall not apply for or obtain or be entitled to a permit to park a vehicle in a supplementary page list appended hereto, place designated by an order under Section 45(2) of the Road Traffic Regulation Act 1984 for the use of residents in a locality of the Estate (hereinafter referred to unless the Tenant (or occupier as the “Mortgaged Property” irrespective case may be) is the holder of number). BORROWER is making this first mortgage in favor of ORIGINATING INSTITUTION and subsequently the NHMFC or its assignee/ transferee. The BORROWER further agrees and warrants: that the loan proceeds were utilized a disabled persons badge issued pursuant to acquire/construct the same property herein mortgaged. to maintain the integrity, quality and sufficiency section 21 of the Mortgaged Property at a level acceptable to or directed by the ORIGINATING INSTITUTION or its assignee/transferee; to allow the ORIGINATING INSTITUTION or its assignee/transferee to inspect the Mortgaged Property during reasonable hours to ascertain its condition or actual market value; to substitute the Mortgaged Property with new and/or provide additional collateral (s) if the ORIGINATING INSTITUTION or its assignee/transferee finds that the Mortgaged Property is lost, impaired or depreciated due to any cause whatsoever; to duly pay or discharge all taxes, assessments, Chronically Sick and charges on the Mortgaged Property and submit to the ORIGINATING INSTITUTION or its assignee/transferee proof of such payment; not to subdivide, lease, sell, dispose, mortgage or encumber the Mortgaged Property without the prior written consent of the ORIGINATING INSITUTION or its assignee/transferee, nor commit any act which may impair directly or indirectly, the value of the said mortgaged property; and, to issue twenty-five (25) post-dated checks (PDCs) in favor of NHMFC to cover the monthly amortizations for the first twenty-four (24) months from take-out date and (in the 25th check, which may also be held to cover all penalties, surcharges and/or liabilities incurred) the remaining outstanding balances every two (2) years until the loan is fully paid. In the event the mortgaged property is sold, disposed of or otherwise transferred in whole or in part by the BORROWER, the BORROWER shall not be released from his liability but shall be liable jointly and severally with the transferee unless expressly released therefrom in writing under existing policy of the ORIGINATING INSTITUTION, the NHMFC or its transferee and successor-in-interest. In all cases this mortgage shall constitute a first and superior lien on the mortgaged property. In case the BORROWER or his/her successor-in-interest fails or refuses to pay the loan herein secured, or violates any term or conditions herein stipulated, the ORIGINATING INSTITUTION, NHMFC or its assignee/transferee may, in addition to the remedies it may have by law or under this Agreement, declare all amortizations on the loan immediately due and payable and may immediately foreclose on this mortgage, judicially or extrajudicially. In case of extrajudicial foreclosure under Disabled Persons Act No.3135, as amended:1970).

Appears in 1 contract

Samples: Assured Shorthold Tenancy Agreement

Mortgage. The BORROWER hereby secures If and to the loan extent that either on the Closing Date or at any time thereafter, any Borrower grants to GECC, as agent for the GECC Lenders, pursuant to the GECC Loan Agreement a Mortgage on any real property owned by such Borrower to secure payment of any GECC Debt, then, simultaneously therewith, Borrower shall grant a Mortgage to Lender on such real property having a Lien priority second only to GECC to secure payment of the Obligations, together with the following, each to be in form and substance satisfactory to Lender, in its Credit Judgment: (i) a mortgagee's title insurance policy together with evidence that all premiums in respect of such policy have been paid, which policy shall (i) be in an amount reasonably satisfactory to Lender; (ii) insure that the Mortgage creates a valid lien on the property covered by such Mortgage, including, without limitation, the property of such Borrower encumbered thereby, free and clear of all defects and encumbrances (except those reasonably acceptable to Lender); (iii) name Lender as the insured party thereunder; (iv) be in the form of ALTA Loan Policy 1970 (amended 10-17-70) or other form approved by Lender, and (v) contain such endorsements and effective coverage as Lender may reasonably request; and (ii) a physical survey containing maps or plats of the perimeter or boundaries of the property covered by the Mortgage, certified to Lender and the title insurance company, in a manner acceptable to each of them, dated a date satisfactory to Lender and the title insurance company, by an independent professionally licensed land surveyor reasonably satisfactory to Lender and the title insurance company which survey shall indicate the following: (A) the locations on such site of all the buildings, structures and other obligations stipulated hereinimprovements and the established building setback lines insofar as the foregoing affect the perimeter or boundary of such property; (B) the lines of streets abutting the site and width thereof; (C) all access and other easements appurtenant to the site or necessary or desirable to use the site; (D) all roadways, paths, driveways, easements, encroachments and overhanging projections and similar encumbrances affecting the site, whether recorded, apparent from a physical inspection of the site or otherwise known to the surveyor, (E) any encroachments on any adjoining property by a first mortgage on real property (ies) the building structures and improvements now existing or which may thereafter exist thereon absolutely owned by on the BORROWER, free from all liens and encumbrances of whatever naturesite, and which property is more particularly described herein and/or in a supplementary page list appended hereto, (hereinafter referred to as the “Mortgaged Property” irrespective of number). BORROWER is making this first mortgage in favor of ORIGINATING INSTITUTION and subsequently the NHMFC or its assignee/ transferee. The BORROWER further agrees and warrants: that the loan proceeds were utilized to acquire/construct the same property herein mortgaged. to maintain the integrity, quality and sufficiency of the Mortgaged Property at a level acceptable to or directed by the ORIGINATING INSTITUTION or its assignee/transferee; to allow the ORIGINATING INSTITUTION or its assignee/transferee to inspect the Mortgaged Property during reasonable hours to ascertain its condition or actual market value; to substitute the Mortgaged Property with new and/or provide additional collateral (sF) if the ORIGINATING INSTITUTION or its assignee/transferee finds that site is described as being on a filed map, a legend relating the Mortgaged Property is lostsurvey to said map, impaired or depreciated due all in form reasonably satisfactory to any cause whatsoeverLender; together with certification from an independent professionally licensed land surveyor reasonably satisfactory to duly pay or discharge all taxes, assessments, and charges on the Mortgaged Property and submit Lender as to the ORIGINATING INSTITUTION or its assignee/transferee proof of such payment; not to subdivide, lease, sell, dispose, mortgage or encumber the Mortgaged Property without the prior written consent location of the ORIGINATING INSITUTION or its assignee/transferee, nor commit real property covered by the Mortgage in any act which may impair directly or indirectly, "special flood hazard" area within the value meaning of the said mortgaged propertyFederal Flood Disaster Protection Act of 1973; and, to issue twenty-five (25) post-dated checks (PDCs) in favor of NHMFC to cover the monthly amortizations for the first twenty-four (24) months from take-out date and (in iii) an environmental assessment of the 25th check, which may also be held to cover all penalties, surcharges and/or liabilities incurred) the remaining outstanding balances every two (2) years until the loan is fully paid. In the event the mortgaged real property is sold, disposed of or otherwise transferred in whole or in part covered by the BORROWERMortgage from an engineering firm experienced in such matters reasonably acceptable to Lender, the BORROWER shall not be released from his liability but shall be liable jointly and severally reflecting such Borrower's compliance with the transferee unless expressly released therefrom in writing under existing policy of the ORIGINATING INSTITUTION, the NHMFC or its transferee and successor-in-interest. In all cases this mortgage shall constitute a first and superior lien on the mortgaged property. In case the BORROWER or his/her successor-in-interest fails or refuses to pay the loan herein secured, or violates any term or conditions herein stipulated, the ORIGINATING INSTITUTION, NHMFC or its assignee/transferee may, in addition to the remedies it may have by law or under this Agreement, declare all amortizations on the loan immediately due and payable and may immediately foreclose on this mortgage, judicially or extrajudicially. In case of extrajudicial foreclosure under Act No.3135, as amended:Section 5.6 hereof;

Appears in 1 contract

Samples: Credit and Security Agreement (Omni Energy Services Corp)

Mortgage. The BORROWER hereby secures (If, in the loan and reasonable opinion of Lender, any such state, federal, municipal or other obligations stipulated hereingovernmental law, by order, rule or regulation prohibits Borrower from making, in any form or method, such payment or would penalize Lender or any Deed of Trust Trustee if Borrower makes such payment or if, in the reasonable opinion of Lender, the making of such payment might result in the imposition of interest beyond the Maximum Amount, Borrower shall prepay a first mortgage portion of the Loan equal to the Allocated Loan Amount with respect to the affected Individual Property, such prepayment to be applied to the Allocated Loan Amount for such Individual Property together with (x) interest thereon to the immediately succeeding Payment Date or (y) accrued interest thereon, if such prepayment is made on real property (ies) and improvements now existing or which may thereafter exist thereon absolutely owned by a Payment Date. Such prepayment shall be made on the BORROWER, free from all liens and encumbrances of whatever naturedate that is 120 days after such change in law, and which property is more particularly described herein and/or failure to pay such amounts on the date due shall be an Event of Default.) All funds deposited in a supplementary page list appended heretothe Cash Collateral Account relating to the Basic Carrying Costs shall be held by Lender pursuant to the provisions of this Agreement and shall be applied in payment of the foregoing charges when and as payable, (hereinafter referred to as provided that no Event of Default shall have occurred and be continuing. Should an Event of Default occur, the “Mortgaged Property” irrespective proceeds on deposit in the Basic Carrying Costs Sub-Account may be applied by Lender in payment of number). BORROWER is making this first mortgage in favor of ORIGINATING INSTITUTION and subsequently the NHMFC any Basic Carrying Costs for all or its assignee/ transferee. The BORROWER further agrees and warrants: that the loan proceeds were utilized to acquire/construct the same property herein mortgaged. to maintain the integrity, quality and sufficiency any portion of the Mortgaged Property at a level acceptable to or directed by as Lender in its sole discretion may determine; provided, however, that after the ORIGINATING INSTITUTION or its assignee/transferee; to allow Securitization Closing Date Lender shall not apply the ORIGINATING INSTITUTION or its assignee/transferee to inspect the Mortgaged Property during reasonable hours to ascertain its condition or actual market value; to substitute the Mortgaged Property with new and/or provide additional collateral (s) if the ORIGINATING INSTITUTION or its assignee/transferee finds that the Mortgaged Property is lost, impaired or depreciated due to any cause whatsoever; to duly pay or discharge all taxes, assessments, and charges on the Mortgaged Property and submit to the ORIGINATING INSTITUTION or its assignee/transferee proof of such payment; not to subdivide, lease, sell, dispose, mortgage or encumber the Mortgaged Property without the prior written consent proceeds of the ORIGINATING INSITUTION Basic Carrying Costs Sub-Account as aforesaid unless Lender receives notice from Servicer or its assignee/transferee, nor commit any act which may impair directly or indirectly, the value of the said mortgaged property; and, to issue twenty-five (25) post-dated checks (PDCs) in favor of NHMFC to cover the monthly amortizations for the first twenty-four (24) months from take-out date and (in the 25th check, which may also be held to cover all penalties, surcharges and/or liabilities incurred) the remaining outstanding balances every two (2) years until the loan is fully paid. In the event the mortgaged property is sold, disposed of or otherwise transferred in whole or in part by the BORROWER, the BORROWER becomes aware that Servicer shall not be released from his liability but advancing such shortfall pursuant to the terms of its pooling and servicing agreement; and provided, further, that no such application shall be liable jointly and severally with the transferee unless expressly released therefrom in writing under existing policy deemed to have been made by operation of the ORIGINATING INSTITUTION, the NHMFC or its transferee and successor-in-interest. In all cases this mortgage shall constitute a first and superior lien on the mortgaged property. In case the BORROWER or his/her successor-in-interest fails or refuses to pay the loan herein secured, or violates any term or conditions herein stipulated, the ORIGINATING INSTITUTION, NHMFC or its assignee/transferee may, in addition to the remedies it may have by law or under this Agreement, declare all amortizations on the loan immediately due and payable and may immediately foreclose on this mortgage, judicially or extrajudicially. In case of extrajudicial foreclosure under Act No.3135, otherwise until actually made by Lender as amended:herein provided.

Appears in 1 contract

Samples: Loan Agreement (Ambassador Apartments Inc)

Mortgage. The BORROWER This mortgage is made on June 5, 2019 by and between Bxxxxx Xxxxxxxx of 1000 Xxx Xxxx Xxxx Xxxx Xxxxx Xxxxxxx 00000, referred to below as Mortgagor, to Kxxx Family Limited PT II of ______, referred to below as Mortgagee. Subject to the terms of that certain Pledge Agreement of even date herewith by and between the Mortgagor, Mortgagee and NutraLife BioSciences, Inc., a Florida corporation (the “Company”), the Pledgor does hereby secures grant and convey to the loan Mortgagee an interest in the following-described real estate, situated, lying and other obligations stipulated hereinbeing in Boca Raton, by a first mortgage on real property (ies) and improvements now existing or which may thereafter exist thereon absolutely owned Palm Beach County, State of Florida to secure the payment of the Principal Amount set forth in that certain Convertible Promissory Note of even date herewith in the amount of $1,000,000 made by the BORROWERCompany payable to the order of the Mortgagee. Together with the tenements, free from all liens and encumbrances of whatever naturehereditaments, and which property is more particularly described herein and/or in a supplementary page list appended hereto, (hereinafter referred appurtenances belonging or appertaining to as the “Mortgaged Property” irrespective of number). BORROWER is making this first mortgage in favor of ORIGINATING INSTITUTION and subsequently the NHMFC or its assignee/ transfereeit. The BORROWER further agrees Mortgagor shall and warrants: that will warrant, and by these presents forever defend, the loan proceeds were utilized premises to acquire/construct the same property herein mortgagedMortgagee, the Mortgagee’s heirs and assigns against the lawful claims of all and every person or persons. The Mortgagor covenants to maintain keep perfect the integrity, quality and sufficiency of the Mortgaged Property at a level acceptable to or directed by the ORIGINATING INSTITUTION or its assignee/transfereesecurity hereby given; to allow keep the ORIGINATING INSTITUTION or its assignee/transferee to inspect improvements upon the Mortgaged Property during reasonable hours to ascertain its condition or actual market valuemortgaged property insured for a sum not less than $1,000,000 dollars; to substitute the Mortgaged Property with new and/or provide additional collateral (s) if the ORIGINATING INSTITUTION or its assignee/transferee finds that the Mortgaged Property is lost, impaired or depreciated due to any cause whatsoever; to duly pay or discharge all taxes, assessmentsassessments and charges which may or might become liens superior to that created by this Mortgage. The Mortgagor agrees that the indebtedness covered by this Mortgage shall be paid by the Company according to the terms of the Note which is a Full Recourse Promissory Note and the Principal Amount secured by this Mortgage will be reduced by (i) all principal and interest paid by the Company to Purchaser pursuant to the Note, and charges on (ii) all Royal Payments paid by the Mortgaged Property and submit Company to the ORIGINATING INSTITUTION or its assignee/transferee proof of such payment; not to subdivide, lease, sell, dispose, mortgage or encumber Purchaser under the Mortgaged Property without the prior written consent of the ORIGINATING INSITUTION or its assignee/transferee, nor commit any act which may impair directly or indirectly, the value of the said mortgaged property; and, to issue twenty-five (25) post-dated checks (PDCs) in favor of NHMFC to cover the monthly amortizations for the first twenty-four (24) months from take-out date and (in the 25th check, which may also be held to cover all penalties, surcharges and/or liabilities incurred) the remaining outstanding balances every two (2) years until the loan is fully paidPurchaser Royalty Agreement. In the event the mortgaged property is sold, disposed of or otherwise transferred in whole or in part by the BORROWER, the BORROWER shall not be released from his liability but shall be liable jointly and severally with the transferee unless expressly released therefrom in writing under existing policy of the ORIGINATING INSTITUTION, the NHMFC or its transferee and successor-in-interest. In all cases this mortgage shall constitute a first and superior lien on the mortgaged property. In case the BORROWER or his/her successor-in-interest fails or refuses to pay the loan herein secured, or violates any term or conditions herein stipulated, the ORIGINATING INSTITUTION, NHMFC or its assignee/transferee may, in addition to the remedies it may have by law or under this Agreement, declare all amortizations on the loan immediately due and payable and may immediately foreclose on this mortgage, judicially or extrajudicially. In case of extrajudicial foreclosure under Act No.3135, By: Bxxxxx Xxxxxxxx as amended:Mortgagor

Appears in 1 contract

Samples: Exhibit E: Pledge Agreement (Nutralife Biosciences, Inc)

Mortgage. The BORROWER hereby secures the loan and other obligations stipulated hereinTHIS MORTGAGE (“Mortgage”) is given on <closing date> , by (the “Borrower”) to The City of Urbana, a first mortgage on real property unit of local government (ies) the “Grantor”). Borrower conditionally owes the Grantor a maximum amount of <amount> and improvements now existing or 00/100 Dollars ($<amount> ). This debt is evidenced by Borrower’s promissory note dated the same date as this Mortgage (the “Note”), a copy of which may thereafter exist thereon absolutely owned by the BORROWERis attached hereto as Exhibit “A”, free from all liens and encumbrances of whatever naturewhich provides for a five-year term, and which property is more particularly described herein and/or in a supplementary page list appended hereto, (hereinafter referred to as the “Mortgaged Affordability Period,” commencing on <closing date>. This Mortgage secures to the Grantor: (a) all repayment of the debt evidenced by the Note, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums advanced by the Grantor pursuant to paragraph 7 of this Mortgage to protect the security of this Mortgage; and (c) the performance of Borrower’s covenants and agreements under this Mortgage, Indirect Homebuyer Assistance Land-Use Regulatory Agreement between Borrower and Grantor dated the date hereof (the “Land Use Restriction Agreement”) and the Note. For these purposes, Borrower hereby mortgages, grants and conveys to the Grantor, its successors and assigns, the real property described on Exhibit “B”, attached hereto and incorporated by reference herein, located in the County of Champaign, State of Illinois, together with (a) all the improvements now or hereafter erected on the property and all easements, rights and appurtenances thereto; (b) all leases and licenses with respect to the property; (c) all rents, royalties and profits thereof; and (d) all fixtures and equipment now or hereafter in or on the property. All replacements and additions shall also be covered by this Mortgage. The real property referenced in Exhibit B and all of the other property subject to this mortgage is hereinafter referred to collectively in this Mortgage as the “Property”. Borrower covenants that Borrower is the lawful owner of the Property conveyed by this Mortgage and has the full right and power to mortgage, grant and convey the Property and that the Property is unencumbered, except for the encumbrances of record described in Exhibit “Cirrespective of numberhereto acceptable to the Grantor (the “Permitted Encumbrances”). BORROWER is making this first mortgage in favor of ORIGINATING INSTITUTION Borrower warrants and subsequently will defend generally the NHMFC or its assignee/ transferee. The BORROWER further agrees title to the Property against all claims and warrants: that the loan proceeds were utilized to acquire/construct the same property herein mortgaged. to maintain the integritydemands, quality and sufficiency of the Mortgaged Property at a level acceptable to or directed by the ORIGINATING INSTITUTION or its assignee/transferee; to allow the ORIGINATING INSTITUTION or its assignee/transferee to inspect the Mortgaged Property during reasonable hours to ascertain its condition or actual market value; to substitute the Mortgaged Property with new and/or provide additional collateral (s) if the ORIGINATING INSTITUTION or its assignee/transferee finds that the Mortgaged Property is lost, impaired or depreciated due subject to any cause whatsoever; to duly pay or discharge all taxes, assessments, and charges on the Mortgaged Property and submit Permitted Encumbrances. Borrower covenants to the ORIGINATING INSTITUTION or its assignee/transferee proof of such payment; not to subdivide, lease, sell, dispose, mortgage or encumber the Mortgaged Property without the prior written consent of the ORIGINATING INSITUTION or its assignee/transferee, nor commit any act which may impair directly or indirectly, the value of the said mortgaged property; and, to issue twenty-five (25) post-dated checks (PDCs) in favor of NHMFC to cover the monthly amortizations for the first twenty-four (24) months from take-out date and (in the 25th check, which may also be held to cover all penalties, surcharges and/or liabilities incurred) the remaining outstanding balances every two (2) years until the loan is fully paid. In the event the mortgaged property is sold, disposed of or otherwise transferred in whole or in part by the BORROWER, the BORROWER shall not be released from his liability but shall be liable jointly and severally with the transferee unless expressly released therefrom in writing under existing policy of the ORIGINATING INSTITUTION, the NHMFC or its transferee and successor-in-interest. In all cases this mortgage shall constitute a first and superior lien on the mortgaged property. In case the BORROWER or his/her successor-in-interest fails or refuses to pay the loan herein secured, or violates any term or conditions herein stipulated, the ORIGINATING INSTITUTION, NHMFC or its assignee/transferee may, in addition to the remedies it may have by law or under this Agreement, declare all amortizations on the loan immediately due and payable and may immediately foreclose on this mortgage, judicially or extrajudicially. In case of extrajudicial foreclosure under Act No.3135, Grantor as amendedfollows:

Appears in 1 contract

Samples: Urbana Home Consortium Community

Mortgage. The BORROWER hereby secures To secure the loan full and other obligations stipulated hereintimely payment of the Indebtedness and the full and timely performance and discharge of the Obligations, Grantor does by these presents specifically mortgage, affect and hypothecate, collaterally assign, pledge and grant a first mortgage on real property (ies) continuing security interest upon, unto and improvements now existing or which may thereafter exist thereon absolutely owned by the BORROWER, free from all liens and encumbrances of whatever nature, and which property is more particularly described herein and/or in a supplementary page list appended hereto, (hereinafter referred to as the “Mortgaged Property” irrespective of number). BORROWER is making this first mortgage in favor of ORIGINATING INSTITUTION Grantee any and subsequently the NHMFC or its assignee/ transferee. The BORROWER further agrees and warrants: that the loan proceeds were utilized to acquire/construct the same property herein mortgaged. to maintain the integrity, quality and sufficiency all of the Mortgaged Property for the purpose of securing the Indebtedness and Obligations up to the Maximum Amount, subject only to the Permitted Encumbrances. To secure the full and timely payment of the Indebtedness and the full and timely performance at a level acceptable the Obligations, Grantor does hereby bind itself, its successors and assigns to or directed by warrant and forever defend the ORIGINATING INSTITUTION or its assignee/transferee; title to allow the ORIGINATING INSTITUTION or its assignee/transferee to inspect the Mortgaged Property during reasonable hours unto Grantee against every person whomsoever lawfully claiming or to ascertain its condition claim the same or actual market value; to substitute the Mortgaged Property with new and/or provide additional collateral (s) if the ORIGINATING INSTITUTION or its assignee/transferee finds that the Mortgaged Property is lostany part thereof, impaired or depreciated due to any cause whatsoever; to duly pay or discharge all taxes, assessments, and charges on the Mortgaged Property and submit other than claims arising pursuant to the ORIGINATING INSTITUTION Permitted Encumbrances, provided, however, that if Grantor shall pay (or its assignee/transferee proof of such payment; not cause to subdivide, lease, sell, dispose, mortgage or encumber the Mortgaged Property without the prior written consent of the ORIGINATING INSITUTION or its assignee/transferee, nor commit any act which may impair directly or indirectly, the value of the said mortgaged property; and, to issue twenty-five (25) post-dated checks (PDCs) in favor of NHMFC to cover the monthly amortizations for the first twenty-four (24) months from take-out date and (in the 25th check, which may also be held to cover all penalties, surcharges and/or liabilities incurredpaid) the remaining outstanding balances every two (2) years until Indebtedness as and when the loan is fully paid. In the event the mortgaged property is sold, disposed of or otherwise transferred in whole or in part by the BORROWER, the BORROWER same shall not be released from his liability but shall be liable jointly and severally with the transferee unless expressly released therefrom in writing under existing policy of the ORIGINATING INSTITUTION, the NHMFC or its transferee and successor-in-interest. In all cases this mortgage shall constitute a first and superior lien on the mortgaged property. In case the BORROWER or his/her successor-in-interest fails or refuses to pay the loan herein secured, or violates any term or conditions herein stipulated, the ORIGINATING INSTITUTION, NHMFC or its assignee/transferee may, in addition to the remedies it may have by law or under this Agreement, declare all amortizations on the loan immediately become due and payable and shall perform and discharge (or cause to be performed and discharged) the Obligations, then the liens, security interests, estates and rights granted by the Security Instruments shall terminate, otherwise same shall remain in full force and effect. The reference to Permitted Encumbrances hereinabove is not intended to be an acknowledgment, adoption or ratification by Grantor or Grantee (by its acceptance of this Mortgage) that such Permitted Encumbrances are enforceable or binding against the Mortgaged Property or against the rights of Grantee hereunder, nor is it intended that this Mortgage, the Mortgaged Property or the rights of Grantee hereunder shall be subject to, or encumbered by, any Permitted Encumbrance except to the extent that, in each case, this Mortgage, the Mortgaged Property, or the rights of Grantee hereunder, without any reference herein to such Permitted Encumbrance, would be as a matter of law subject to, or encumbered by, such Permitted Encumbrance. This Mortgage has been executed by Grantor pursuant to Article 3298 of the Louisiana Civil Code for the purpose of securing the Indebtedness and performance of the Obligations that may immediately foreclose on now be existing and/or that may arise in the future as provided herein, with the preferences and priorities provided under applicable Louisiana law. However, nothing under this mortgage, judicially Mortgage shall be construed as limiting the duration of this Mortgage or extrajudicially. In case of extrajudicial foreclosure under Act No.3135, as amended:the purpose or purposes for which the Indebtedness may be requested or extended.

Appears in 1 contract

Samples: Intercreditor Agreement (Industrial Data Systems Corp)

Mortgage. The BORROWER hereby secures the loan and other obligations stipulated herein, by a first mortgage on real property (ies) and improvements now existing or which may thereafter exist thereon absolutely owned by the BORROWER, free from all liens and encumbrances of whatever nature, and which property is more particularly described herein and/or in a supplementary page list appended hereto, (hereinafter referred to as the “Mortgaged Property” irrespective of number). BORROWER is making this first mortgage in favor of ORIGINATING INSTITUTION and subsequently the NHMFC or its assignee/ transferee. The BORROWER further agrees and warrants: that the loan proceeds were utilized to acquire/construct the same property herein mortgaged. to maintain the integrity, quality and sufficiency of the Mortgaged Property at a level acceptable to or directed by the ORIGINATING INSTITUTION or its assignee/transferee; to allow the ORIGINATING INSTITUTION or its assignee/transferee to inspect the Mortgaged Property during reasonable hours to ascertain its condition or actual market value; to substitute the Mortgaged Property with new and/or provide additional collateral (s) if the ORIGINATING INSTITUTION or its assignee/transferee finds that the Mortgaged Property is lost, impaired or depreciated due to any cause whatsoever; to duly pay or discharge all taxes, assessments, and charges on the Mortgaged Property and submit to the ORIGINATING INSTITUTION or its assignee/transferee proof of such payment; and, not to subdivide, lease, sell, dispose, mortgage or encumber the Mortgaged Property without the prior written consent of the ORIGINATING INSITUTION or its assignee/transferee, nor commit any act which may impair directly or indirectly, the value of the said mortgaged property; and, to issue twenty-five (25) post-dated checks (PDCs) in favor of NHMFC to cover the monthly amortizations for the first twenty-four (24) months from take-out date and (in the 25th check, which may also be held to cover all penalties, surcharges and/or liabilities incurred) the remaining outstanding balances every two (2) years until the loan is fully paid. In the event the mortgaged property is sold, disposed of or otherwise transferred in whole or in part by the BORROWER, the BORROWER shall not be released from his liability but shall be liable jointly and severally with the transferee unless expressly released therefrom in writing under existing policy of the ORIGINATING INSTITUTION, the NHMFC or its transferee and successor-in-interest. In all cases this mortgage shall constitute a first and superior lien on the mortgaged property. In case the BORROWER or his/her successor-in-interest fails or refuses to pay the loan herein secured, or violates any term or conditions herein stipulated, the ORIGINATING INSTITUTION, NHMFC or its assignee/transferee may, in addition to the remedies it may have by law or under this Agreement, declare all amortizations on the loan immediately due and payable and may immediately foreclose on this mortgage, judicially or extrajudicially. In case of extrajudicial foreclosure under Act No.3135, as amended:

Appears in 1 contract

Samples: Loan and Mortgage Agreement

Mortgage. The BORROWER hereby secures Lessee may mortgage its interest in this Lease by any means without the loan consent of the Lessor. The Lessor confirms that any Mortgagee may enforce its security to the fullest extent and other obligations stipulated hereinacquire the Lessee’s leasehold interest in any lawful way and, by its representative or a first receiver, as the case may be, and subject to Section 18.2, take possession of and manage the Land and transfer, assign, or sublease the leasehold interest in the Land without prior notice to the Lessor and without the necessity of obtaining any consent from the Lessor. Notwithstanding anything else in this Lease, any mortgage will be subject to the following conditions: if the Mortgagee takes possession of the Land or acquires the Lessee’s equity of redemption then the Mortgagee will perform and observe all the Lessee’s covenants and agreements under the Lease while in possession of the Land and until the Lease is transferred or assigned as provided in Section 18.2(b) or (c); if the Lease is registered in the Land Titles Office, the Mortgagee of the Lease will cause any transferee or assignee of the leasehold interest to agree in writing to assume, perform and observe all the Lessee’s covenants and agreements under the Lease, and upon registration of the transfer or assumption agreement in the Land Titles Office and upon delivery of the transfer or assumption agreement to the Lessor, the Mortgagee will be deemed to be released from any and all obligations under this Lease; if the Lease is registered in the Land and Resources Register, the Mortgagee of the Lease will cause any transferee of the leasehold interest to agree in writing to assume, perform and observe all the Lessee’s covenants and agreements under the Lease, and upon registration of the transfer agreement in the Land and Resources Register and upon delivery of the transfer agreement to the Lessor, the Mortgagee will be deemed to be released from any and all obligations under this Lease; the Mortgagee (excluding a Mortgagee of a Sublessee’s leasehold interest) will not disturb a Sublessee’s rights once a sublease is registered in the Land Titles Office or recorded in the Lands and Resources Register. The mortgage of the Lessee’s leasehold interest by the Lessee will not relieve or discharge the Lessee from any of its obligations or liabilities under this Lease. Throughout any period of time during which, as a result of proceedings for default under a Mortgage including transfer of title under the National Housing Act, Canada Mortgage and Housing Corporation holds leasehold title to this Lease: The Lessor waives, as against the Mortgagee and Canada Mortgage and Housing Corporation and their successors and assigns, all rent and additional rent and interest accruing and otherwise required to be paid under this Lease, but for the purposes of this waiver, rent and additional rent do not include taxes and utility charges required to be paid by the Lessee, and the actual costs of construction, maintenance and repair of damages that are the responsibility of the Lessee; and The consent of the Lessor shall not be required with respect to any vacancy of or removal of goods from the Premises. If at any time the Improvements are damages or destroyed to the extent of 25% or more of their full replacement cost, then the Mortgagee or Canada Mortgage and Housing Corporation or a successor may elect to require that the insurance proceeds not be applied toward the repair or rebuilding or restoration of the Improvements, and in the event of such an election the insurance proceeds shall be applied, in priority: First, but only if and to the extent required by the Lessor or the Lessee, toward clearing and restoring the Land as nearly as possible to their condition prior to the commencement of construction; Second, towards payment of all moneys owing on real property the Mortgage; Third, towards payment of all moneys payable to the Lessor under this Lease; and Fourth, in payment to the Lessor and the Lessee in accordance with their interests therein, and the Lessee shall not be obligated to repair or rebuild or restore. There shall be no obligation on Canada Mortgage and Housing Corporation to arrange or maintain any insurance. Where Canada Mortgage and Housing Corporation makes the election specified in Section 18.5 and there exists no or insufficient proceeds, as a result of Canada Mortgage and Housing Corporation not having arranged or maintained insurance, Canada Mortgage and Housing Corporation shall not be required to do more than clear and restore the Land, as nearly as possible, to its condition prior to the commencement of construction, and shall be entitled to apply to that end whatever insurance proceeds may be available. There shall be no obligation on Canada Mortgage and Housing Corporation to indemnify the Lessor except where Canada Mortgage and Housing Corporation would be so obligated apart from the terms of this Lease. In the case of any arbitration or any other dispute resolution process, the Lessee must give timely notice of such proceedings to the Canada Mortgage and Housing Corporation and any Mortgagee. The Canada Mortgage and Housing Corporation and any Mortgagee may participate fully in the proceedings of any arbitration or any other dispute resolution process, if in their respective reasonable opinions, the outcome of those proceedings may affect their respective security. NON-DISTURBANCE The Lessor covenants to and in favour of the Lessee and to and in favour of and for the benefit of every Sublessee, Mortgagee, licencee, permittee or holder of any other interest in the Lessee’s leasehold interest or in any interest derived from this Lease (ies) each called an “Interested Party”), that if this Lease is terminated for any reason whatsoever before the expiration of the Term or if any rights of the Lessee under this Lease are terminated, suspended or interfered with for any reason whatsoever, the Lessor will not disturb or interfere with the possession, interest or rights of any Interested Party in respect of the Land during the Term provided that the Interested Party observes and improvements now existing performs for and in favour of the Lessor, its covenants and obligations contained in its sublease, mortgage, licence, permit or other instrument under which that Interested Party’s interest in respect of the Land arises subject to the proviso that the covenants and obligations cannot be inconsistent with the covenants and obligations of the Lessee under this Lease to the Lessor or which create a liability or payment obligation (i.e. property taxes, utilities, insurance) on the Lessor. The Lessor will sign non-disturbance agreements as may thereafter exist thereon absolutely owned be reasonably requested by an Interested Party to confirm the BORROWERLessor’s agreements under this Section 19 but subject always to payment without delay of the Lessor’s reasonable legal and consulting costs. Notwithstanding anything to the contrary in this Lease, free from all liens if this Lease is registered in the Land Titles Office and encumbrances of whatever nature, and which property the Lessor is more particularly described herein and/or in a supplementary page list appended heretoposition to terminate this Lease pursuant to the provisions of Section 27, (hereinafter referred to as the “Mortgaged Property” irrespective Lessee will, upon the written request of number). BORROWER is making a Mortgagee of this first mortgage in favor Lease, execute a transfer or an assignment of ORIGINATING INSTITUTION and subsequently this Lease for the NHMFC or its assignee/ transferee. The BORROWER further agrees and warrants: that the loan proceeds were utilized to acquire/construct the same property herein mortgaged. to maintain the integrity, quality and sufficiency unexpired Term of the Mortgaged Property at Lease to a level acceptable to or directed by Mortgagee of the ORIGINATING INSTITUTION Lease or its assignee/transferee; to allow the ORIGINATING INSTITUTION or its assignee/transferee to inspect the Mortgaged Property during reasonable hours to ascertain its condition or actual market value; to substitute the Mortgaged Property with new and/or provide additional collateral (s) if the ORIGINATING INSTITUTION or its assignee/transferee finds that the Mortgaged Property is lost, impaired or depreciated due to any cause whatsoever; to duly pay or discharge all taxes, assessments, and charges on the Mortgaged Property Mortgagee will execute any documentation to give effect to that transfer or assignment of this Lease and submit further will attend to the ORIGINATING INSTITUTION or its assignee/transferee proof of such payment; not to subdivide, lease, sell, dispose, mortgage or encumber the Mortgaged Property without the prior written consent immediate registration of the ORIGINATING INSITUTION transfer or its assignee/transfereeassignment of this Lease despite any act, nor commit any act which may impair directly omission or indirectly, the value default of the said mortgaged property; andLessee under this Lease, subject to issue twenty-five (25) post-dated checks (PDCs) in favor the following conditions: the Mortgagee of NHMFC to cover this Lease is the monthly amortizations for mortgagee of a mortgage registered against the first twenty-four (24) months from take-out date and (Leasehold interest in the 25th check, which may also be held to cover Land; and all penalties, surcharges and/or liabilities incurred) the remaining outstanding balances every two (2) years until the loan is fully paid. In the event the mortgaged property is sold, disposed of or otherwise transferred in whole or in part by the BORROWER, the BORROWER shall not be released from his liability but shall be liable jointly and severally with the transferee unless expressly released therefrom in writing under existing policy of the ORIGINATING INSTITUTION, the NHMFC or its transferee and successor-in-interest. In all cases this mortgage shall constitute a first and superior lien on the mortgaged property. In case the BORROWER or his/her successor-in-interest fails or refuses to pay the loan herein secured, or violates any term or conditions herein stipulated, the ORIGINATING INSTITUTION, NHMFC or its assignee/transferee may, in addition to the remedies it may have by law or under this Agreement, declare all amortizations on the loan immediately monies due and payable pursuant to this Lease are paid in full to the date of the transfer or assignment of this Lease to a Mortgagee of this Lease. Notwithstanding anything to the contrary in this Lease, the Lessor hereby covenants to and in favour of and for the benefit of every Sublessee, if this Lease is not otherwise transferred or assigned to a Mortgagee of this Lease pursuant to Section 18, upon the cancellation of this Lease for any reason prior to the expiry of the Term, the Lessor may immediately foreclose require a Sublessee to enter into a lease or a Sublessee may request from the Lessor a new lease and the Lessor will grant a new lease or will cause a new sublease to be offered to that Sublessee on the same terms as contained in any sublease held by that Sublessee in the Land, provided: the default in respect of which the Lease is cancelled has been cured in relation to that part of the Land comprised by the sublease held by that Sublessee; the covenants and obligations contained in the new lease to be issued are not inconsistent with the covenants and obligations of the Lessee to the Lessor as they relate to the subleased Land; the terms of the new lease contain arrangements as are reasonably required to ensure that the new leases make appropriate arrangements for the use, maintenance and payment for all common parts and facilities, or infrastructure required for the use and occupation of the Land demised by the new leases; any new lease granted is subject to the interests of any Mortgagee of that sublease to reflect the interests, and rights of the Mortgagee of that sublease prior to the termination of this mortgage, judicially Lease or extrajudiciallythe request for the grant of the new lease as appropriate; the reasonable legal and consulting costs of the Lessor required to issue a lease are payable by the Sublessee to whom the new lease is to be granted. In case The Lessor makes the covenants and agreements in this Section 19 with the intention that they are enforceable by any Interested Party for whom the covenant or agreement is expressed to be for the benefit of extrajudicial foreclosure under Act No.3135, as amended:and are fully enforceable by any Interested Party notwithstanding that Interested Party is not a party to the terms of the Lease. The Lessor will not do anything or make any argument to prevent or obstruct whether directly or indirectly any Interested Party in taking the benefit of and enforcing the provisions of the Lease expressed to be for the benefit of any Interested Party based upon the fact that the Interested Party is not a party the Lease.

Appears in 1 contract

Samples: Grant of Lease

AutoNDA by SimpleDocs

Mortgage. The BORROWER hereby secures the loan and other obligations stipulated herein, by a first mortgage on real property (ies) and improvements now existing or which may thereafter exist thereon absolutely owned by the BORROWER, free from all liens and encumbrances of whatever nature, and which property is more particularly described herein and/or in a supplementary page list appended hereto, (hereinafter referred to as the “Mortgaged Property” irrespective of number). BORROWER is making this first mortgage in favor of ORIGINATING INSTITUTION and subsequently the NHMFC or its assignee/ transferee. The BORROWER further agrees and warrants: that the loan proceeds were utilized to acquire/construct the same property herein mortgaged. to maintain the integrity, quality and sufficiency of the Mortgaged Property at a level acceptable to or directed by the ORIGINATING INSTITUTION INSTITUTION, NHMFC, or its assignee/transferee; to allow the ORIGINATING INSTITUTION INSTITUTION, NHMFC, or its assignee/transferee to inspect the Mortgaged Property during reasonable hours to ascertain its condition or actual market value; to substitute the Mortgaged Property with new and/or provide additional collateral (s) if the ORIGINATING INSTITUTION INSTITUTION, NHMFC, or its assignee/transferee finds that the Mortgaged Property is lost, impaired or depreciated due to any cause whatsoever; to duly pay or discharge all taxes, assessments, and charges on the Mortgaged Property and submit to the ORIGINATING INSTITUTION INSTITUTION, NHMFC, or its assignee/transferee proof of such payment; not to subdivide, lease, sell, dispose, mortgage or encumber the Mortgaged Property without the prior written consent of the ORIGINATING INSITUTION INSTITUTION, NHMFC, or its assignee/transferee, nor commit any act which may impair directly or indirectly, the value of the said mortgaged property; and, to issue twenty-five (25) post-dated checks (PDCs) in favor of NHMFC every two (2) years to cover the monthly amortizations for the first twenty-four (24) months from take-out date and (in the 25th check, which may also be held to cover all penalties, surcharges and/or liabilities incurred) the remaining outstanding balances every two (2) years balances, until the loan is fully paid. In the event the mortgaged property is sold, disposed of or otherwise transferred in whole or in part by the BORROWER, the BORROWER shall not be released from his liability but shall be liable jointly and severally with the transferee unless expressly released therefrom in writing under existing policy of the ORIGINATING INSTITUTION, the NHMFC or its transferee and successor-in-interest. In all cases this mortgage shall constitute a first and superior lien on the mortgaged property. In case the BORROWER or his/her successor-in-interest fails or refuses to pay the loan herein secured, or violates any term or conditions herein stipulated, the ORIGINATING INSTITUTION, NHMFC or its assignee/transferee may, in addition to the remedies it may have by law or under this Agreement, declare all amortizations on the loan immediately due and payable and may immediately foreclose on this mortgage, judicially or extrajudicially. In case of extrajudicial foreclosure under Act No.3135, as amended:

Appears in 1 contract

Samples: Loan and Mortgage Agreement

Mortgage. The BORROWER hereby secures Tenant agrees that its interest under this Lease shall be subordinate to any present or future mortgage, deed of trust or similar encumbrance placed upon the loan Leased Premises; and other obligations stipulated hereinthat Tenant will subordinate its rights under this Lease to the lien thereof and to all advances made or hereafter to be made upon the security thereof, and, that within ten (10) days of a request by Landlord from time to time, Tenant shall execute and deliver to Landlord a first mortgage on real property (ies) subordination, non-disturbance and improvements now existing attornment agreement in the form reasonably required by Landlord or which may thereafter exist thereon absolutely owned Landlord's mortgagee; PROVIDED, HOWEVER, if requested by Tenant, as a condition of any subordination requested by the BORROWERholder of a mortgage executed after the date hereof, free from all liens and encumbrances the holder of whatever natureany such mortgage, Tenant, and Landlord shall enter into an SNDA recognizing Tenant's rights under this Lease. All instruments and agreements to be executed under this Section shall be in form reasonably acceptable to the parties. Notwithstanding the foregoing, a lender holding a mortgage encumbering the property of which property the Leased Premises is more particularly described herein and/or in a supplementary page list appended hereto, (hereinafter referred to as part or the “Mortgaged Property” irrespective of number). BORROWER is making this first mortgage in favor of ORIGINATING INSTITUTION and subsequently the NHMFC or its assignee/ transferee. The BORROWER further agrees and warrants: that the loan proceeds were utilized to acquire/construct the same property herein mortgaged. to maintain the integrity, quality and sufficiency of the Mortgaged Property purchaser at a level acceptable foreclosure sale shall have the right and option to or directed by the ORIGINATING INSTITUTION or its assignee/transferee; to allow the ORIGINATING INSTITUTION or its assignee/transferee to inspect the Mortgaged Property during reasonable hours to ascertain its condition or actual market value; to substitute the Mortgaged Property make this Lease superior. . If in connection with new and/or provide additional collateral (s) if the ORIGINATING INSTITUTION or its assignee/transferee finds that the Mortgaged Property is lost, impaired or depreciated due to any cause whatsoever; to duly pay or discharge all taxes, assessments, and charges on the Mortgaged Property and submit to the ORIGINATING INSTITUTION or its assignee/transferee proof of such payment; not to subdivide, lease, sell, dispose, mortgage or encumber the Mortgaged Property without the prior written consent of the ORIGINATING INSITUTION or its assignee/transferee, nor commit any act which may impair directly or indirectly, the value of the said mortgaged property; and, to issue twenty-five (25) post-dated checks (PDCs) in favor of NHMFC to cover the monthly amortizations Landlord obtaining financing for the first twenty-four (24) months property of which the Leased Premises is a part, from take-out date and (time to time, such lender shall request reasonable modifications in the 25th checkthis Lease as a condition of providing Landlord such financing, which may also be held to cover all penalties, surcharges and/or liabilities incurred) the remaining outstanding balances every two (2) years until the loan is fully paid. In the event the mortgaged property is sold, disposed of or otherwise transferred in whole or in part by the BORROWER, the BORROWER then Tenant shall not be released from his liability but unreasonably withhold, delay, or defer its consent; provided, that such modifications do not increase the obligations of Tenant hereunder or materially affect the leasehold interest created hereby or increase the Base Rent or additional rent due hereunder. No amendment or modification of this Lease occurring after the date of any mortgage shall be liable jointly and severally with the transferee binding on any Landlord's mortgagee unless such amendment or modification is expressly released therefrom approved in writing under existing policy of the ORIGINATING INSTITUTION, the NHMFC or its transferee and successor-in-interest. In all cases this mortgage shall constitute a first and superior lien on the mortgaged property. In case the BORROWER or his/her successor-in-interest fails or refuses to pay the loan herein secured, or violates any term or conditions herein stipulated, the ORIGINATING INSTITUTION, NHMFC or its assignee/transferee may, in addition to the remedies it may have by law or under this Agreement, declare all amortizations on the loan immediately due and payable and may immediately foreclose on this mortgage, judicially or extrajudicially. In case of extrajudicial foreclosure under Act No.3135, as amended:such mortgagee.

Appears in 1 contract

Samples: Suit Lease Agreement (Englobal Corp)

Mortgage. The BORROWER hereby secures Landlord shall have the right to place trust deeds or mortgages against the Leased Premises as security for a loan and other obligations stipulated herein, obtained or to be obtained by a first mortgage on real property (ies) and improvements now Landlord. Tenant agrees to execute such documents as may be reasonably required by the lending agency making any such existing or which may thereafter exist thereon absolutely owned subsequent loans, including attornment agreements, subordination agreements and estoppel certificates, if requested; provided that if a mortgage or trust deed is to be placed on the Leased Premises, the Landlord and lender shall execute a subordination and non-disturbance agreement in a form consistent with the terms of this Lease and reasonably acceptable to Tenant. If Landlord's interest in the Leased Premises is sold or conveyed upon the exercise of any remedy provided for in any Underlying Mortgages, or otherwise by the BORROWERoperation of law, free from all liens then, so long as Tenant is not in default hereunder; (a) this Lease (and encumbrances of whatever natureany amendments, modifications and extensions thereof) will not be affected in any way, and which property is more particularly described herein and/or Tenant will attorn and recognize the new owner as Tenant's landlord under this Lease and Tenant will confirm such attornment in a supplementary page list appended hereto, writing within ten (hereinafter referred to as the “Mortgaged Property” irrespective of number). BORROWER is making this first mortgage in favor of ORIGINATING INSTITUTION and subsequently the NHMFC or its assignee/ transferee. The BORROWER further agrees and warrants: that the loan proceeds were utilized to acquire/construct the same property herein mortgaged. to maintain the integrity, quality and sufficiency of the Mortgaged Property at a level acceptable to or directed by the ORIGINATING INSTITUTION or its assignee/transferee10) days after request; to allow the ORIGINATING INSTITUTION or its assignee/transferee to inspect the Mortgaged Property during reasonable hours to ascertain its condition or actual market value; to substitute the Mortgaged Property with new and/or provide additional collateral (s) if the ORIGINATING INSTITUTION or its assignee/transferee finds that the Mortgaged Property is lost, impaired or depreciated due to any cause whatsoever; to duly pay or discharge all taxes, assessments, and charges on the Mortgaged Property and submit to the ORIGINATING INSTITUTION or its assignee/transferee proof of such payment; not to subdivide, lease, sell, dispose, mortgage or encumber the Mortgaged Property without the prior written consent of the ORIGINATING INSITUTION or its assignee/transferee, nor commit any act which may impair directly or indirectly, the value of the said mortgaged property; and, to issue twenty-five (25) post-dated checks (PDCs) in favor of NHMFC to cover the monthly amortizations for the first twenty-four (24) months from take-out date and (in the 25th check, which may also be held to cover all penalties, surcharges and/or liabilities incurredb) the remaining outstanding balances every two (2) years until the loan is fully paid. In the event the mortgaged property is sold, disposed of or otherwise transferred in whole or in part by the BORROWER, the BORROWER new owner shall not be released from his liability but (i) liable for any act or omission of Landlord under this Lease occurring prior to such sale or conveyance; or (ii) subject to any defense or offset, abatement or reduction of rent because of any default of Landlord under this Lease occurring prior to such sale or conveyance; (iii) .liable to Tenant for any rent paid more than one (1) month in advance; or (iv) bound by any amendment or modification of this Lease made without the lender's consent. This Lease is subject and subordinate to all mortgages, trust deeds, ground Leases or other encumbrances which may now or hereafter may affect the Leased Premises (the "Underlying Mortgages") and to all renewals, modifications, consolidations, replacements and extensions of any such Underlying Mortgages provided that the holder of such Underlying Mortgage and Tenant shall be liable jointly execute a subordination and severally non-disturbance agreement in a form consistent with the transferee unless expressly released therefrom in writing under existing policy terms of the ORIGINATING INSTITUTION, the NHMFC or its transferee this Lease and successor-in-interest. In all cases this mortgage shall constitute a first and superior lien on the mortgaged property. In case the BORROWER or his/her successor-in-interest fails or refuses reasonably acceptable to pay the loan herein secured, or violates any term or conditions herein stipulated, the ORIGINATING INSTITUTION, NHMFC or its assignee/transferee may, in addition Tenant prior to the remedies it may have by law or under this Agreement, declare all amortizations on date such Underlying Mortgage is recorded as a lien against the loan immediately due and payable and may immediately foreclose on this mortgage, judicially or extrajudicially. In case of extrajudicial foreclosure under Act No.3135, as amended:Leased Premises.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Aei Income & Growth Fund Xxi LTD Partnership)

Mortgage. The BORROWER hereby secures Seller has not received a notice of default of any senior mortgage loan related to a Mortgaged Property for such HomeSafe Second. The lien of the loan Mortgage is subject only to: (a) (x) the first lien of record previously disclosed to Buyer and specifically considered in the origination of the Mortgage Loan and the determination of the Principal Limit of such Mortgage Loan and (y) the lien of current real property taxes and assessments not yet due and payable. (b) covenants, conditions and restrictions, rights of way, easements and other obligations stipulated herein, by a first matters of the public record as of the date of recording acceptable to prudent mortgage on real property (ies) lending institutions generally and improvements now existing or which may thereafter exist thereon absolutely owned by the BORROWER, free from all liens and encumbrances of whatever nature, and which property is more particularly described herein and/or in a supplementary page list appended hereto, (hereinafter specifically referred to as in the “Mortgaged Property” irrespective lender’s title insurance policy delivered to the originator of number). BORROWER is making this first mortgage the Mortgage Loan and (a) specifically referred to or otherwise considered in favor the appraisal made for the originator of ORIGINATING INSTITUTION and subsequently the NHMFC Mortgage Loan or its assignee/ transferee. The BORROWER further agrees and warrants: that (b) which do not adversely affect the loan proceeds were utilized to acquire/construct the same property herein mortgaged. to maintain the integrity, quality and sufficiency Appraised Value of the Mortgaged Property at a level acceptable set forth in such appraisal; and (c) other matters to or directed which like properties are commonly subject which do not materially interfere with the benefits of the security intended to be provided by the ORIGINATING INSTITUTION Mortgage or its assignee/transferee; to allow the ORIGINATING INSTITUTION use, enjoyment, value or its assignee/transferee to inspect marketability of the related Mortgaged Property during reasonable hours (items (a) through (c), collectively, the “Permitted HomeSafe Second Encumbrances” and together with the Permitted HomeSafe Encumbrances, the “Permitted Encumbrances”). With respect to ascertain its condition each of clauses (i) and (ii), any security agreement, chattel mortgage or actual market value; equivalent document related to substitute and delivered in connection with the Mortgage Loan establishes and creates a valid, subsisting, enforceable and perfected first lien and first priority (or, solely in the case of a HomeSafe Second, a second lien and second priority) security interest on the property described therein and, in the case of a Purchased Mortgage Loan, Originator has full right to sell and assign the same to Buyer. The Mortgaged Property with new and/or provide additional collateral (s) if was not, as of the ORIGINATING INSTITUTION date of origination of the Mortgage Loan, subject to a mortgage, deed of trust, deed to secure debt or its assignee/transferee finds that the Mortgaged Property is lost, impaired or depreciated due to any cause whatsoever; to duly pay or discharge all taxes, assessments, and charges on the Mortgaged Property and submit other security instrument creating a lien subordinate to the ORIGINATING INSTITUTION or its assignee/transferee proof of such payment; not to subdivide, lease, sell, dispose, mortgage or encumber the Mortgaged Property without the prior written consent lien of the ORIGINATING INSITUTION or its assignee/transferee, nor commit any act which may impair directly or indirectly, the value of the said mortgaged property; and, to issue twenty-five Mortgage. (25) post-dated checks (PDCs) in favor of NHMFC to cover the monthly amortizations for the first twenty-four (24) months from take-out date and (in the 25th check, which may also be held to cover all penalties, surcharges and/or liabilities incurred) the remaining outstanding balances every two (2) years until the loan is fully paid. In the event the mortgaged property is sold, disposed of or otherwise transferred in whole or in part by the BORROWER, the BORROWER shall not be released from his liability but shall be liable jointly and severally with the transferee unless expressly released therefrom in writing under existing policy of the ORIGINATING INSTITUTION, the NHMFC or its transferee and successor-in-interest. In all cases this mortgage shall constitute a first and superior lien on the mortgaged property. In case the BORROWER or his/her successor-in-interest fails or refuses to pay the loan herein secured, or violates any term or conditions herein stipulated, the ORIGINATING INSTITUTION, NHMFC or its assignee/transferee may, in addition to the remedies it may have by law or under this Agreement, declare all amortizations on the loan immediately due and payable and may immediately foreclose on this mortgage, judicially or extrajudicially. In case of extrajudicial foreclosure under Act No.3135, as amended:m)

Appears in 1 contract

Samples: Master Repurchase Agreement (Finance of America Companies Inc.)

Mortgage. The BORROWER hereby secures Landlord shall have the loan right to place and record Underlying Mortgages against the Leased Premises as security for loans or other obligations stipulated herein, consideration obtained or to be obtained by a first mortgage on real property (ies) and improvements now existing or which may thereafter exist thereon absolutely owned by the BORROWER, free from all liens and encumbrances of whatever natureLandlord, and which property is more particularly described herein and/or Tenant agrees to execute such documents as may be reasonably required by any Mortgagee, including commercially reasonable attornment agreements and subordination agreements in a supplementary page list appended heretoform consistent with the terms of this Lease (each an “SNDA”), (hereinafter referred and Landlord and Tenant hereby approve the form of SNDA attached hereto as Exhibit D. This Lease is subject and subordinate to as the “Mortgaged Property” irrespective all Underlying Mortgages, and to all renewals, modifications, consolidations, replacements and extensions of number). BORROWER is making this first mortgage in favor of ORIGINATING INSTITUTION and subsequently the NHMFC or its assignee/ transferee. The BORROWER further agrees and warrants: any such Underlying Mortgages provided that the loan proceeds were utilized to acquire/construct holder of such Underlying Mortgage, Tenant and Landlord shall execute an SNDA consistent with the same property herein mortgagedterms of this Lease as required by such Underlying Mortgages. to maintain If Landlord’s interest in the integrityLeased Premises is sold or conveyed upon the exercise of any remedy provided for in any Underlying Mortgage, quality or otherwise by operation of law, then, so long as Tenant is not in default hereunder: (a) this Lease (and sufficiency of the Mortgaged Property at a level acceptable to or directed by the ORIGINATING INSTITUTION or its assignee/transferee; to allow the ORIGINATING INSTITUTION or its assignee/transferee to inspect the Mortgaged Property during reasonable hours to ascertain its condition or actual market value; to substitute the Mortgaged Property with new and/or provide additional collateral (sany amendments, modifications and extensions thereof) if the ORIGINATING INSTITUTION or its assignee/transferee finds that the Mortgaged Property is lost, impaired or depreciated due to will not be affected in any cause whatsoever; to duly pay or discharge all taxes, assessmentsway, and charges on Tenant will attorn and recognize the Mortgaged Property new owner as Tenant’s landlord under this Lease and submit to the ORIGINATING INSTITUTION or its assignee/transferee proof of Tenant will confirm such paymentattornment in writing within ten (10) days after request; not to subdivide, lease, sell, dispose, mortgage or encumber the Mortgaged Property without the prior written consent of the ORIGINATING INSITUTION or its assignee/transferee, nor commit any act which may impair directly or indirectly, the value of the said mortgaged property; and, to issue twenty-five (25) post-dated checks (PDCs) in favor of NHMFC to cover the monthly amortizations for the first twenty-four (24) months from take-out date and (in the 25th check, which may also be held to cover all penalties, surcharges and/or liabilities incurredb) the remaining outstanding balances every two (2) years until the loan is fully paid. In the event the mortgaged property is sold, disposed of or otherwise transferred in whole or in part by the BORROWER, the BORROWER new owner shall not be released from his liability but shall be (i) liable jointly and severally with the transferee unless expressly released therefrom in writing under existing policy for any act or omission of the ORIGINATING INSTITUTION, the NHMFC or its transferee and successor-in-interest. In all cases this mortgage shall constitute a first and superior lien on the mortgaged property. In case the BORROWER or his/her successor-in-interest fails or refuses to pay the loan herein secured, or violates any term or conditions herein stipulated, the ORIGINATING INSTITUTION, NHMFC or its assignee/transferee may, in addition to the remedies it may have by law or Landlord under this AgreementLease occurring prior to such sale or conveyance; or (ii) subject to any defense or offset, declare all amortizations on abatement or reduction of Rent because of any default of Landlord under this Lease occurring prior to such sale or conveyance; (iii) liable to Tenant for any Rent paid more than one (1) month in advance; or (iv) bound by any amendment or modification of this Lease made without the loan immediately due and payable and may immediately foreclose on this mortgage, judicially or extrajudicially. In case of extrajudicial foreclosure under Act No.3135, as amended:Mortgagee’s consent.

Appears in 1 contract

Samples: Lease (Calyxt, Inc.)

Mortgage. The BORROWER hereby secures notices or other instruments in connection with all claims under all policies; and (iv) to assign all policies in the loan and event of the foreclosure of this Mortgage or other obligations stipulated hereintransfer of title to the Mortgaged Property. In the event of payment under any of the policies, by a first mortgage on real property (ies) and improvements now existing or which may thereafter exist thereon absolutely owned the proceeds of the policies shall be paid by the BORROWERinsurer to Lender and Lender shall, free from subject to the next succeeding paragraph: (i) apply such proceeds, wholly or partially, after deducting all liens and encumbrances costs of whatever naturecollection, and which property is more particularly described herein and/or in a supplementary page list appended heretoincluding reasonable attorneys’ fees, either (hereinafter referred to as A) toward the “Mortgaged Property” irrespective of number). BORROWER is making this first mortgage in favor of ORIGINATING INSTITUTION and subsequently the NHMFC alteration, reconstruction, repair or its assignee/ transferee. The BORROWER further agrees and warrants: that the loan proceeds were utilized to acquire/construct the same property herein mortgaged. to maintain the integrity, quality and sufficiency restoration of the Mortgaged Property at or any portion thereof; or (B) as a level acceptable payment on account of the Mortgagor’s liabilities under the Note (without affecting the amount or time of subsequent installment payments required to or directed be made by the ORIGINATING INSTITUTION Mortgagor to Lender under the Note), whether or its assignee/transfereenot then due or payable; or (ii) deliver the same to allow Mortgagor. Upon the ORIGINATING INSTITUTION occurrence of a fire or its assignee/transferee other casualty to inspect the Mortgaged Property during reasonable hours that does not constitute a Major Casualty, and notwithstanding any provision to ascertain its condition the contrary contained in this Mortgage, Mortgagor may insist upon the restoration of the improvements previously located on the Premises (the “Improvements”), provided that all proceeds for rebuilding or actual market valuerestoring the Improvements shall be deposited by the insurance carrier into an account (the “Escrow”) at a title insurance and escrow company reasonably acceptable to Lender (the “Title Company”) pursuant to an Escrow Trust Agreement between Mortgagor, and Lender, if applicable; to substitute and the Mortgaged Property with new and/or provide additional collateral (s) if the ORIGINATING INSTITUTION or its assignee/transferee finds Title Company must insure that the Mortgaged Property insurance proceeds are disbursed only as work is lost, impaired or depreciated due to any cause whatsoever; to duly pay or discharge all taxes, assessments, and charges on the Mortgaged Property and submit completed to the ORIGINATING INSTITUTION or its assignee/transferee proof Improvements and only after the Title Company has reviewed the condition of title to the Premises to verify that (A) the title policy issued to Lender in connection with the Loan is continued through the date of such payment; not to subdivide, lease, sell, dispose, mortgage or encumber disbursement with certification over mechanic lien claims in the Mortgaged Property without the prior written consent amount of the ORIGINATING INSITUTION or its assignee/transferee, nor commit any act which may impair directly or indirectly, the value of the said mortgaged property; and, proceeds disbursed to issue twenty-five (25) post-dated checks (PDCs) in favor of NHMFC to cover the monthly amortizations for the first twenty-four (24) months from take-out date and (B) no new exceptions to title have arisen that are asserted to be superior to the lien of this Mortgage or have not previously been approved in the 25th check, which may also be held to cover all penalties, surcharges and/or liabilities incurred) the remaining outstanding balances every two (2) years until the loan is fully paidwriting by Lender other than taxes not due and payable. In such event, and provided the event conditions of this paragraph and the mortgaged property paragraph below have been satisfied, Lender shall make the “Insurance Payment” (as that term is sold, disposed hereinafter defined) available for the cost of restoration or otherwise transferred rebuilding of Improvements. In any instance in whole or in part by which the BORROWERImprovements are being restored, the BORROWER shall not be released from his liability but shall be liable jointly and severally with the transferee unless expressly released therefrom in writing under existing policy of the ORIGINATING INSTITUTION, the NHMFC or its transferee and successor-in-interest. In all cases this mortgage shall constitute a first and superior lien on the mortgaged property. In case the BORROWER or his/her successor-in-interest fails or refuses to pay the loan herein secured, or violates any term or following conditions herein stipulated, the ORIGINATING INSTITUTION, NHMFC or its assignee/transferee may, in addition to the remedies it may have by law or under this Agreement, declare all amortizations on the loan immediately due and payable and may immediately foreclose on this mortgage, judicially or extrajudicially. In case of extrajudicial foreclosure under Act No.3135, as amendedwill govern:

Appears in 1 contract

Samples: Material Sciences Corp

Mortgage. The BORROWER hereby secures By their execution of this Agreement, Mortgagor (in its capacity as a Borrower under the loan and other obligations stipulated herein, by a first mortgage on real property (iesLoan Agreement) and improvements now existing or which may thereafter exist thereon absolutely owned by Borrower EP MEDSYSTEMS, INC. (signing this Mortgage so as to consent to all the BORROWER, free from all liens terms and encumbrances conditions of whatever naturethis Mortgage and to subordinate its leasehold estate in the Mortgaged Premises) hereby authorizes Mortgagee (as Lender under the Loan Agreement) to effect payment of the above in the manner specified in Section 3.9 of the Loan Agreement. Mortgagor shall, and which property is more particularly described herein and/or in a supplementary page list appended hereto, (hereinafter referred to as the “Mortgaged Property” irrespective of number). BORROWER is making this first mortgage in favor of ORIGINATING INSTITUTION and subsequently the NHMFC or its assignee/ transferee. The BORROWER further agrees and warrants: that the loan proceeds were utilized to acquire/construct the same property herein mortgaged. to maintain the integrity, quality and sufficiency shall cause each tenant of the Mortgaged Property Premises to, cooperate with such inspection efforts; such cooperation shall include, without limitation, supplying all information reasonably requested concerning the operations conducted and Hazardous Substances located at a level acceptable to or directed by the ORIGINATING INSTITUTION or its assignee/transferee; to allow the ORIGINATING INSTITUTION or its assignee/transferee to inspect the Mortgaged Property during reasonable hours to ascertain its condition or actual market value; to substitute the Mortgaged Property with new and/or provide additional collateral (s) if the ORIGINATING INSTITUTION or its assignee/transferee finds that the Mortgaged Property is lost, impaired or depreciated due to any cause whatsoever; to duly pay or discharge all taxes, assessments, and charges on the Mortgaged Property and submit to the ORIGINATING INSTITUTION or its assignee/transferee proof of such payment; not to subdivide, lease, sell, dispose, mortgage or encumber the Mortgaged Property without the prior written consent of the ORIGINATING INSITUTION or its assignee/transferee, nor commit any act which may impair directly or indirectly, the value of the said mortgaged property; and, to issue twenty-five (25) post-dated checks (PDCs) in favor of NHMFC to cover the monthly amortizations for the first twenty-four (24) months from take-out date and (in the 25th check, which may also be held to cover all penalties, surcharges and/or liabilities incurred) the remaining outstanding balances every two (2) years until the loan is fully paidPremises. In the event the mortgaged property is soldthat Mortgagor fails to comply with any Applicable Environmental Law, disposed of or otherwise transferred in whole or in part by the BORROWER, the BORROWER shall not be released from his liability but shall be liable jointly and severally with the transferee unless expressly released therefrom in writing under existing policy of the ORIGINATING INSTITUTION, the NHMFC or its transferee and successor-in-interest. In all cases this mortgage shall constitute a first and superior lien on the mortgaged property. In case the BORROWER or his/her successor-in-interest fails or refuses to pay the loan herein secured, or violates any term or conditions herein stipulated, the ORIGINATING INSTITUTION, NHMFC or its assignee/transferee Mortgagee may, in addition to any of its other remedies under this Mortgage, cause the remedies it may have Mortgaged Premises to be in compliance with such laws and the cost of such compliance shall be added to the sums secured by law or under this Mortgage in accordance with the provisions of Section 3 hereof. By their execution of this Agreement, declare Mortgagor (in its capacity as a Borrower under the Loan Agreement) and Borrower EP MEDSYSTEMS, INC. (signing this Mortgage so as to consent to all amortizations on the loan immediately due terms and payable conditions of this Mortgage and may immediately foreclose on this mortgage, judicially or extrajudicially. In case to subordinate its leasehold estate in the Mortgaged Premises) hereby authorizes Mortgagee (as Lender under the Loan Agreement) to effect payment of extrajudicial foreclosure under Act No.3135, as amended:the above in the manner specified in Section 3.9 of the Loan Agreement.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Ep Medsystems Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.