Common use of Replacement of Note Clause in Contracts

Replacement of Note. Upon receipt of evidence reasonably satisfactory to Borrower of the loss, theft, destruction or mutilation of the Note, and in the case of any such loss, theft or destruction, upon delivery of an indemnity agreement reasonably satisfactory to Borrower or, in the case of any such mutilation, upon surrender and cancellation of the Note, Borrower will execute and deliver, in lieu thereof, a replacement Note, identical in form and substance to the Note and dated as of the date of the Note and upon such execution and delivery all references in this Deed to the Note shall be deemed to refer to such replacement Note.

Appears in 3 contracts

Samples: Debt and Security Agreement (Adcare Health Systems Inc), Debt and Security Agreement (Adcare Health Systems Inc), Debt and Security Agreement (Adcare Health Systems Inc)

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Replacement of Note. Upon receipt of evidence reasonably satisfactory to Borrower Grantor of the loss, theft, destruction or mutilation of the Note, and in the case of any such loss, theft or destruction, upon delivery of an indemnity agreement reasonably satisfactory to Borrower Grantor or, in the case of any such mutilation, upon surrender and cancellation of the Note, Borrower Grantor will execute and deliver, in lieu thereof, a replacement Note, identical in form and substance to the Note and dated as of the date of the Note and upon such execution and delivery all references in this Deed of Trust to the Note shall be deemed to refer to such replacement Note.

Appears in 2 contracts

Samples: Trust and Security Agreement (Highland Hospitality Corp), Trust and Security Agreement (Highland Hospitality Corp)

Replacement of Note. Upon receipt of evidence reasonably satisfactory to Borrower of the loss, theft, destruction or mutilation of the Note, and in the case of any such loss, theft or destruction, upon delivery of an indemnity agreement reasonably satisfactory to Borrower or, in the case of any such mutilation, upon surrender and cancellation of the Note, Borrower at Lender's expense will execute and deliver, in lieu thereof, a replacement Notenote, identical in form and substance to the such Note and dated as of the date of the Note such Note, and upon such execution and delivery all references in this Deed Mortgage to the Note shall be deemed to refer to such replacement Notenote.

Appears in 2 contracts

Samples: Security Agreement and Fixture Filing (Balanced Care Corp), Security Agreement and Fixture Filing (Balanced Care Corp)

Replacement of Note. Upon receipt of evidence reasonably satisfactory to Borrower Obligor of the loss, theft, destruction or mutilation of the NoteNote (or any of them), and in the case of any such loss, theft or destruction, upon delivery of an indemnity agreement reasonably satisfactory to Borrower Obligor or, in the case of any such mutilation, upon surrender and cancellation of the Note, Borrower Obligor will execute and deliver, in lieu thereof, a replacement Note, identical in form and substance to the such Note and dated as of the date of the such Note and upon such execution and delivery all references in this Deed Instrument to the such Note shall be deemed to refer to such replacement Note.

Appears in 2 contracts

Samples: Mortgage, Security Agreement and Fixture Financing Statement (Crown Crafts Inc), Credit Agreement (JDN Realty Corp)

Replacement of Note. Upon On receipt of evidence reasonably satisfactory to Borrower of the loss, theft, destruction destruction, or mutilation of the Note, this Note and (i) in the case of any such loss, theft theft, or destruction, upon on delivery of an indemnity agreement reasonably satisfactory in form and substance to Borrower or, or (ii) in the case of any such mutilation, upon on surrender and cancellation of the this Note, Borrower will shall execute and deliver, in lieu thereofof this Note, a replacement Note, identical in form new promissory note of like tenor and substance to the Note and dated as of the date of the Note and upon such execution and delivery all references in this Deed to the Note shall be deemed to refer to such replacement Noteamount.

Appears in 1 contract

Samples: Lapham Reg Alexander

Replacement of Note. Upon receipt of evidence reasonably satisfactory to Borrower Grantor of the loss, theft, destruction or mutilation of the Note, and in the case of any such loss, theft or destruction, upon delivery of an indemnity agreement reasonably satisfactory to Borrower Grantor or, in the case of any such mutilation, upon surrender and cancellation of the Note, Borrower Grantor will execute and deliver, in lieu thereof, a replacement Note, identical in form and substance to the Note and dated as of the date of the Note and upon such execution and delivery all references in this Deed to the Note shall be deemed to refer to such replacement Note.

Appears in 1 contract

Samples: Debt and Security Agreement (Century Properties Fund Xix)

Replacement of Note. Upon receipt of evidence reasonably satisfactory to Borrower Grantor of the loss, theft, destruction or destruction, mutilation of the Note, and in the case of any such loss, theft theft, or destruction, upon delivery of an indemnity agreement reasonably satisfactory to Borrower Grantor or, in the case of any such mutilation, upon surrender and cancellation of the Notecancellation, Borrower Grantor will execute and deliver, in lieu thereof, a replacement Note, identical in form and substance to the Note and dated as of the date of the Note and upon such execution and delivery all references in this Deed to Secure Debt to the Note shall be deemed to refer to such replacement Note.

Appears in 1 contract

Samples: 1 (Roberts Realty Investors Inc)

Replacement of Note. Upon receipt of evidence reasonably satisfactory to Borrower of the loss, theft, destruction or mutilation of the Note, and in the case of any such loss, theft or destruction, upon delivery of an indemnity agreement reasonably satisfactory to Borrower or, in the case of any such mutilation, upon surrender and cancellation of the Note, Borrower will execute and deliver, in lieu thereof, a replacement Note, identical in form and substance to the Note and dated as of the date of the Note and upon such execution and delivery all references in this Deed Mortgage to the Note shall be deemed to refer to such replacement Note.

Appears in 1 contract

Samples: Assignment of Rents and Security Agreement (Griffin Industrial Realty, Inc.)

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Replacement of Note. Upon receipt of evidence reasonably satisfactory to Borrower of the loss, theft, destruction or mutilation of the Note, and in the case of any such loss, theft or destruction, upon delivery of an indemnity agreement reasonably satisfactory to Borrower or, in the case of any such mutilation, upon surrender and cancellation of the Note, Borrower will execute and deliver, in lieu thereof, a replacement Note, identical in form and substance to the Note and dated as of the date of the Note and upon such execution and delivery all references in this Deed of Trust to the Note shall be deemed to refer to such replacement Note.

Appears in 1 contract

Samples: And Security Agreement (Griffin Industrial Realty, Inc.)

Replacement of Note. Upon receipt of evidence reasonably satisfactory to Borrower of the loss, theft, destruction or mutilation of the Note, and in the case of any such loss, theft or destruction, upon delivery of an indemnity agreement reasonably satisfactory to Borrower or, in the case of any such mutilation, upon surrender and cancellation of the Note, Borrower will execute and deliver, in lieu thereof, a replacement Notenote, identical in form and substance to the Note and dated as of the date of the Note and upon such execution and delivery all references in this Deed Security Instrument to the Note shall be deemed to refer to such replacement Notenote.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (KBS Legacy Partners Apartment REIT, Inc.)

Replacement of Note. Upon receipt of evidence reasonably satisfactory to Borrower of the loss, theft, destruction or mutilation of the Note, and in the case of any such loss, theft or destruction, upon delivery of an indemnity agreement agreement, reasonably satisfactory to Borrower or, or in the case of any such mutilation, upon surrender and cancellation of the Note, Borrower will execute and deliver, in lieu thereof, a replacement Note, identical in form and substance to the Note and dated as of the date of the Note and upon such execution and delivery all references in this Deed to the Note shall be deemed to refer to such replacement Note.

Appears in 1 contract

Samples: Debt and Security Agreement (Roberts Realty Investors Inc)

Replacement of Note. Upon receipt of evidence reasonably satisfactory to Borrower Mortgagors of the loss, theft, destruction or mutilation of the Note, and in the case of any such loss, theft or destruction, upon delivery of an indemnity agreement reasonably satisfactory to Borrower Mortgagors or, in the case of any such mutilation, upon surrender and cancellation of the Note, Borrower Mortgagors will execute and deliver, in lieu thereof, a replacement Notenote, identical in form and substance to the Note and dated as of the date of the Note and upon such execution and delivery all references in this Deed Mortgage to the Note shall be deemed to refer to such replacement Notenote.

Appears in 1 contract

Samples: Mortgage, Security Agreement (Beacon Properties Corp)

Replacement of Note. Upon receipt of evidence reasonably satisfactory to Borrower Mortgagor of the loss, theft, destruction or mutilation of the Note, and in the case of any such loss, theft or destruction, upon delivery of an indemnity agreement reasonably satisfactory to Borrower Mortgagor or, in the case of any such mutilation, upon surrender and cancellation of the Note, Borrower Mortgagor will execute and deliver, in lieu thereof, a replacement Note, identical in form and substance to the Note and dated as of the date of the Note and upon such execution and delivery all references in this Deed Mortgage to the Note shall be deemed to refer to such replacement Note.

Appears in 1 contract

Samples: Mortgage, Security Agreement (Highland Hospitality Corp)

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