Senior Mortgage. Anything herein to the contrary notwithstanding, unless the Lien of the Senior Mortgage shall have been discharged, the Secured Party shall not be entitled to, and shall not proceed to foreclose the Lien of this Mortgage against any of the Collateral or otherwise exercise any right or remedy pursuant to this Mortgage attributable to the occurrence of a Subordinated Event of Default, unless and until the Senior Secured Party shall have exercised or concurrently be exercising one or more dispossessory remedies under the Senior Mortgage with respect to the Pledged Spare Parts, and in the exercise of any of the Secured Party’s rights and remedies under this Mortgage, the Secured Party may not exercise any such right or remedy in a manner inconsistent with, or otherwise in a manner which would impair or impede or otherwise adversely affect, the exercise of the rights and remedies of the Senior Secured Party under the Senior Mortgage; it being expressly understood and agreed that the Lien of this Mortgage on the Collateral shall at all times be junior and otherwise subject and subordinate in all respects, to the Lien of the Senior Mortgage.
Senior Mortgage. Notwithstanding anything contained herein to the contrary, so long as (1) that certain Amended and Restated Mortgage, Security Agreement and Fixture Financing Statement dated as of the date hereof executed by Mortgagor for the benefit of XXXXX FARGO BANK, N.A., as trustee for the registered holders of COBALT CMBS COMMERCIAL MORTGAGE TRUST 2006-C1, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-C1 (“Senior Lender”) granting Senior Lender a first priority lien on the Premises (as it may be amended, modified, reinstated or otherwise changed from time to time, the “Senior Mortgage”), and (2) that certain Amended and Restated Subordination and Standstill Agreement dated as of the date hereof executed by Mortgagee for the benefit of Senior Lender are in full force and effect, Mortgagee and Mortgagor acknowledge and agree that:
Senior Mortgage the [Multifamily Mortgage, Assignment of Rents and Security Agreement] delivered by Borrower to Senior Lender and encumbering the Property to secure the obligations of Borrower under the Senior Note.
Senior Mortgage. The Mortgage, Security Agreement, and Pledge of Leases and Rents securing the Senior Loan in favor of the Senior Lender.
Senior Mortgage. That certain Mortgage and Security Agreement of even date herewith from Mortgagor, as mortgagor, in favor of Chase Federal Bank, as mortgagee, to be recorded in the Public Records of Broward County, Florida, together with the note secured thereby.
Senior Mortgage. The lien of this Mortgage shall be junior and subordinate to Senior Loan B Split, Amended and Restated Mortgage, subject to the terms of the Intercreditor Agreement. Further, the Mortgagor does hereby state to and agree with the Mortgagee as follows:
Senior Mortgage. Notwithstanding anything contained herein to the contrary, so long as (1) that certain Mortgage, Security Agreement and Fixture Financing Statement dated as of the date hereof executed by Mortgagor for the benefit of CWCapital LLC granting CWCapital LLC a first priority lien on the Premises (as it may be amended, modified, reinstated or otherwise changed from time to time, the "Senior Mortgage"), and (2) that certain Subordination and Standstill Agreement dated as of the date hereof executed by Mortgagee for the benefit of CWCapital LLC are in full force and effect, Mortgagee and Mortgagor acknowledge and agree that:
Senior Mortgage. 54 3.1.3 Senior Assignment of Rents ................................... 54 3.1.4
Senior Mortgage. The Senior Mortgage securing the Senior Notes, which instrument shall be a lien on the Mortgaged Property, subject only to the Permitted Title Exceptions.
Senior Mortgage. The Corporation has provided the Purchaser with copies or access to copies of all documents in the Corporation's possession evidencing the Promissory Note and Deed of Trust. To the knowledge of the Corporation, such copies are true and complete in all material respects. To the knowledge of the Corporation, the Senior Mortgage is in full force and effect. All payments required to be made by the obligor(s) under the Senior Mortgage have been made. To the knowledge of the Corporation, all material non-monetary obligations required to be performed by the obligor(s) under the Senior Mortgage have been timely performed, and, to the knowledge of the Corporation, there is no default or event or condition that (after notice or lapse of time or both) would constitute a default by the obligor(s) under the Senior Mortgage.
