Common use of Recording of Security Instrument, etc Clause in Contracts

Recording of Security Instrument, etc. Mortgagor forthwith upon the execution and delivery of this Security Instrument and thereafter, at the request of Lender, from time to time, will cause this Security Instrument, and any security instrument creating a lien or security interest or evidencing the lien hereof upon the Property and each instrument of further assurance to be filed, registered or recorded in such manner and in such places as may be required by any present or future law in order to publish notice of and fully perfect and protect the lien or security interest hereof upon, and the interest of Lender in, the Property. Mortgagor will pay all filing, registration or recording fees, and all expenses incident to the preparation, execution and acknowledgment of this Security Instrument, any mortgage, deed of trust or deed to secure debt, as applicable, supplemental hereto, any security instrument with respect to the Property and any instrument of further assurance, and all federal, state, county and municipal taxes, duties, imposts, assessments and charges imposed on, or arising out of or in connection with the execution, delivery and recording of this Security Instrument, any mortgage, deed of trust or deed to secure debt, as applicable, supplemental hereto, any security instrument with respect to the Property or any instrument of further assurance, except where prohibited by law to do so, in which event Lender may declare the Debt to be immediately due and payable. Mortgagor shall hold harmless and indemnify Lender, and its successors and assigns, against any liability incurred as a result of the imposition of any tax on the making and recording of this Security Instrument.

Recording of Security Instrument, etc. Mortgagor Borrower forthwith upon the execution and delivery of this Security Instrument and thereafter, at the request of Lender, from time to time, will cause this Security Instrument, and any security instrument creating a lien or security interest or evidencing the lien hereof upon the Property and each instrument of further assurance to be filed, registered or recorded in such manner and in such places as may be required by any present or future law in order to publish notice of and fully perfect and protect the lien or security interest hereof upon, and the interest of Lender in, the Property. Mortgagor Borrower will pay all filing, registration or recording fees, and all expenses incident to the preparation, execution and acknowledgment of this Security Instrument, any mortgage, deed of trust or deed to secure debt, as applicable, supplemental hereto, any security instrument with respect to the Property and any instrument of further assurance, and all federal, state, county and municipal taxes, duties, imposts, assessments and charges imposed on, or arising out of or in connection with the execution, delivery and recording of this Security Instrument, any mortgage, deed of trust or deed to secure debt, as applicable, supplemental hereto, any security instrument with respect to the Property or any instrument of further assurance, except where prohibited by law to do so, in which event Lender may declare the Debt to be immediately due and payable. Mortgagor Borrower shall hold harmless and indemnify Lender, and its successors and assigns, against any liability incurred as a result of the imposition of any tax on the making and recording of this Security Instrument.

Recording of Security Instrument, etc. Mortgagor forthwith upon the execution and delivery of this Security Instrument and thereafter, at the request of Lender, from time to time, will cause this Security Instrument, Instrument and any security instrument of the other Senior Loan Documents creating a lien or security interest or evidencing the lien hereof upon the Property and each instrument of further assurance to be filed, registered or recorded in such manner and in such places as may be required by any present or future law in order to publish notice of and fully to protect and perfect and protect the lien or security interest hereof upon, and the interest of Lender Mortgagee in, the Property. Mortgagor will pay all taxes, filing, registration or recording fees, and all reasonable out of pocket expenses incident to the preparation, execution and execution, acknowledgment and/or recording of the Senior Loan Note, this Security Instrument, the other Senior Loan Documents, any mortgageSenior Loan Note, deed of trust or deed to secure debt, as applicable, mortgage supplemental hereto, any security instrument with respect to the Property and any instrument of further assurance, and any modification or amendment of the foregoing documents, and all federal, state, county and municipal taxes, duties, imposts, assessments and charges imposed on, or arising out of or in connection with the execution, execution and delivery and recording of this Security Instrument, any mortgage, deed of trust or deed to secure debt, as applicable, mortgage supplemental hereto, any security instrument with respect to the Property or any instrument of further assurance, and any modification or amendment of the foregoing documents, except where prohibited by law so to do so, in which event Lender may declare the Debt to be immediately due and payable. Mortgagor shall hold harmless and indemnify Lender, and its successors and assigns, against any liability incurred as a result of the imposition of any tax on the making and recording of this Security Instrumentdo.

Recording of Security Instrument, etc. Mortgagor Grantor forthwith upon the execution and delivery of this Security Instrument and thereafter, at the request of Lender, from time to time, will shall cause this Security Instrument, and any security instrument creating a lien or security interest or evidencing the lien hereof upon the Mortgaged Property and each instrument of further assurance to be filed, registered or recorded in such manner and in such places as may be required by any present or future law in order to publish notice of and fully perfect and to protect the lien or security interest hereof upon, and the interest of Lender Secured Party in, the Mortgaged Property. Mortgagor will Grantor shall pay all filing, registration or recording fees, and all expenses incident to the preparation, execution and acknowledgment of, and all federal, state, county and municipal, taxes, duties, imposts, documentary stamps, assessments and charges arising out of or in connection with, the execution and delivery of, this Security Instrument, any mortgage, deed of trust or deed to secure debt, as applicable, security instrument supplemental hereto, any security instrument with respect to the Property and any instrument of further assurance, and all federal, state, county and municipal taxes, duties, imposts, assessments and charges imposed on, or arising out of or in connection with the execution, delivery and recording of this Security Instrument, any mortgage, deed of trust or deed to secure debt, as applicable, supplemental hereto, any security instrument with respect to the Mortgaged Property or any instrument of further assurance, except where prohibited by law so to do so, in which event Lender may declare the Debt to be immediately due and payabledo. Mortgagor Grantor shall hold harmless and indemnify LenderSecured Party, and its successors and assigns, against any liability incurred as a result by reason of the imposition of any tax on the making and or recording of this Security Instrument, except to the extent such liability was finally judicially determined to have been caused by the gross negligence or willful misconduct of Secured Party.

Recording of Security Instrument, etc. Mortgagor forthwith upon the execution and delivery of this Security Instrument and thereafter, at the request of Lender, from time to time, will cause this Security Instrument, Instrument and any security instrument of the other Project Loan Documents creating a lien or security interest or evidencing the lien hereof upon the Property and each instrument of further assurance to be filed, registered or recorded in such manner and in such places as may be required by any present or future law in order to publish notice of and fully to protect and perfect and protect the lien or security interest hereof upon, and the interest of Lender Mortgagee in, the Property. Mortgagor will pay all taxes, filing, registration or recording fees, and all reasonable out of pocket expenses incident to the preparation, execution and execution, acknowledgment and/or recording of the Project Loan Note, this Security Instrument, the other Project Loan Documents, any mortgageProject Loan Note, deed of trust or deed to secure debt, as applicable, mortgage supplemental hereto, any security instrument with respect to the Property and any instrument of further assurance, and any modification or amendment of the foregoing documents, and all federal, state, county and municipal taxes, duties, imposts, assessments and charges imposed on, or arising out of or in connection with the execution, execution and delivery and recording of this Security Instrument, any mortgage, deed of trust or deed to secure debt, as applicable, mortgage supplemental hereto, any security instrument with respect to the Property or any instrument of further assurance, and any modification or amendment of the foregoing documents, except where prohibited by law so to do so, in which event Lender may declare the Debt to be immediately due and payable. Mortgagor shall hold harmless and indemnify Lender, and its successors and assigns, against any liability incurred as a result of the imposition of any tax on the making and recording of this Security Instrumentdo.

Recording of Security Instrument, etc. Mortgagor forthwith upon the execution and delivery of this Security Instrument and thereafter, at the request of Lender, from time to time, will cause this Security Instrument, Instrument and any security instrument of the other Building Loan Documents creating a lien or security interest or evidencing the lien hereof upon the Property and each instrument of further assurance to be filed, registered or recorded in such manner and in such places as may be required by any present or future law in order to publish notice of and fully to protect and perfect and protect the lien or security interest hereof upon, and the interest of Lender Mortgagee in, the Property. Mortgagor will pay all taxes, filing, registration or recording fees, and all reasonable out of pocket expenses incident to the preparation, execution and execution, acknowledgment and/or recording of the Building Loan Note, this Security Instrument, the other Building Loan Documents, any mortgageBuilding Loan Note, deed of trust or deed to secure debt, as applicable, mortgage supplemental hereto, any security instrument with respect to the Property and any instrument of further assurance, and any modification or amendment of the foregoing documents, and all federal, state, county and municipal taxes, duties, imposts, assessments and charges imposed on, or arising out of or in connection with the execution, execution and delivery and recording of this Security Instrument, any mortgage, deed of trust or deed to secure debt, as applicable, mortgage supplemental hereto, any security instrument with respect to the Property or any instrument of further assurance, and any modification or amendment of the foregoing documents, except where prohibited by law so to do so, in which event Lender may declare the Debt to be immediately due and payable. Mortgagor shall hold harmless and indemnify Lender, and its successors and assigns, against any liability incurred as a result of the imposition of any tax on the making and recording of this Security Instrumentdo.

Recording of Security Instrument, etc. Mortgagor Borrower forthwith upon the execution and delivery of this Security Instrument and thereafter, at the request of Lender, from time to time, will cause this Security Instrument, and any security instrument creating a lien or security interest or evidencing the lien hereof upon the Security Property and each instrument of further assurance to be filed, registered or recorded in such manner and in such places as may be required by any present or future law in order to publish notice of and fully perfect and to protect the lien or security interest hereof upon, and the interest of Lender in, the Security Property. Mortgagor Borrower will pay all filing, registration or recording fees, and all expenses incident to the preparation, execution and acknowledgment of this Security Instrument, any mortgage, deed of trust or deed to secure debt, as applicable, similar instrument supplemental hereto, any security instrument with respect to the Security Property and any instrument of further assurance, and all federal, state, county and municipal municipal, taxes, duties, imposts, assessments and charges imposed on, or arising out of or in connection with the execution, execution and delivery and recording of this Security Instrument, any mortgage, deed of trust or deed to secure debt, as applicable, similar instrument supplemental hereto, any security instrument with respect to the Security Property or any instrument of further assurance, except where prohibited by law so to do so, in which event Lender may declare the Debt to be immediately due and payabledo. Mortgagor Borrower shall hold harmless and indemnify Lender, and its successors and assigns, against any liability incurred as a result by reason of the imposition of any tax on the making and recording of this Security Instrument.. AMENDED AND RESTATED MORTGAGE, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT - Page 40 43412-20/Continental Towers

Recording of Security Instrument, etc. Mortgagor Subject to the ------------------------------------- terms of that certain escrow letter dated of even date herewith from Trustee/Collateral Agent and consented and agreed to by Borrower and Globix Corporation, Borrower forthwith upon the execution and delivery of this Security Instrument and thereafter, at the request of Lender, from time thereafter authorizes Trustee/Collateral Agent to time, will cause this Security Instrument, Instrument and any security instrument of the Other Security Documents creating a lien or security interest or evidencing the lien hereof upon the Property and each instrument of further assurance to be filed, registered or recorded in such manner and in such places as may be required by any present or future law in order to publish notice of and fully to protect and perfect and protect the lien or security interest hereof upon, and the interest of Lender Trustee/Collateral Agent in, the Property. Mortgagor Borrower will pay all taxes, filing, registration or recording fees, and all expenses incident to the preparation, execution and execution, acknowledgment and/or recording of the Note, the Indenture, this Security Instrument, the Other Security Documents, any mortgage, deed of trust note or deed to secure debt, as applicable, mortgage supplemental hereto, any security instrument with respect to the Property and any instrument of further assurance, and any modification or amendment of the foregoing documents, and all federal, state, county and municipal taxes, duties, imposts, assessments and charges imposed on, or arising out of or in connection with the execution, execution and delivery and recording of this Security Instrument, any mortgage, deed of trust or deed to secure debt, as applicable, mortgage supplemental hereto, any security instrument with respect to the Property or any instrument of further assurance, and any modification or amendment of the foregoing documents, except where prohibited by law so to do so, in which event Lender may declare the Debt to be immediately due and payable. Mortgagor shall hold harmless and indemnify Lender, and its successors and assigns, against any liability incurred as a result of the imposition of any tax on the making and recording of this Security Instrumentdo.

Recording of Security Instrument, etc. Mortgagor (a) Borrower forthwith upon the execution and delivery of this the Security Instrument and thereafter, at the request of Lender, from time to time, will cause this the Security Instrument, Instrument and any security instrument of the other Loan Documents creating a lien or security interest or evidencing the lien hereof upon the Property and each instrument of further assurance to be filed, registered or recorded in such manner and in such places as may be required by any present or future law in order to publish notice of and fully to protect and perfect and protect the lien or security interest hereof upon, and the interest of Lender in, the Property. Mortgagor Borrower will pay all taxes, filing, registration or recording fees, and all expenses incident to the preparation, execution and execution, acknowledgment and/or recording of this the Note, the Security Instrument, this Agreement, the other Loan Documents, any mortgagenote, deed of trust or deed to secure debt, as applicable, mortgage supplemental hereto, any security instrument with respect to the Property and any instrument of further assurance, and, except as expressly provided to the contrary herein, any modification or amendment of the foregoing documents, and all federal, state, county and municipal taxes, duties, imposts, assessments and charges imposed on, or arising out of or in connection with the execution, execution and delivery and recording of this the Security Instrument, any mortgage, deed of trust or deed to secure debt, as applicable, mortgage supplemental hereto, any security instrument with respect to the Property or any instrument of further assurance, and, except as expressly provided to the contrary herein, any modification or amendment of the foregoing documents, except where prohibited by applicable law so to do sodo. The foregoing taxes, in which event Lender may declare fees, expenses, duties, imposts, assessments and charges, as applicable, are herein referred to as the Debt to be immediately due and payable. Mortgagor shall hold harmless and indemnify Lender, and its successors and assigns, against any liability incurred as a result of the imposition of any tax on the making and recording of this “Security InstrumentInstrument Taxes”.