The Obligations. The security interest granted hereunder shall secure the payment of all indebtedness and the performance of all obligations of the Debtor to the Secured Party of every type and description, whether now existing or hereafter arising, fixed or contingent, as primary obligor or as guarantor or surety, acquired directly or by assignment or otherwise, liquidated or unliquidated, regardless of how they arise or by what agreement or instrument they may be evidenced, including without limitation all loans, advances and other extensions of credit and all covenants, agreements, and provisions contained in all loan and other agreements between the parties (the “Obligations”).
The Obligations. Borrower and each of the other Obligors agree and acknowledge that, as of March 18, 2011 (a) the principal amount outstanding under the Term Note is Three Million Nine Hundred Eighty-Four Thousand Six Hundred Eighty-Two Dollars and Twenty-Two Cents ($3,984,682.22), (b) the amount of unpaid and accrued interest on the Term Note is Four Hundred Forty-Four Thousand Eight Hundred Sixty-Eight Dollars and Sixty Cents ($444,868.60, and (b) no defense or right of set off exists with respect to the enforceability of any of the Obligations.
The Obligations. This Deed of Trust secures the Principal, the Interest, the Late Charges (as defined in the Note), the Prepayment Premiums (as defined in the Note), the Expenses, any additional advances made by Lender in connection with the Property or the Loan and all other amounts payable under the Loan Documents (the "Debt") and also secures both the timely payment of the Debt as and when required and the timely performance of all other obligations and covenants to be performed under the Loan Documents (the "Obligations"), provided that the foregoing does not limit, qualify or affect in any way the present, absolute nature of the Assignment.
The Obligations. This Mortgage secures the Principal, the Interest, the Late Charges, the Prepayment Premiums, the Expenses, any additional advances made by Lender in connection with the Property and all other amounts payable under the Loan Documents executed by the Borrower and securing the Note (the "DEBT") and also secures both the timely payment of the Debt as and when required and the timely performance of all other obligations and covenants to be performed under the Loan Documents executed by the Borrower and securing the Note (the "OBLIGATIONS"), provided that the foregoing does not limit, qualify or affect in anyway the present, absolute nature of the Assignment. The parties hereto intend that this Mortgage shall secure unpaid balances of loan advances made both before and after this Mortgage is delivered to the Recorder for record, which loan advances constitute the Obligations. The maximum amount of unpaid Obligations which may be outstanding at any time, exclusive of interest thereon, and exclusive of taxes, assessments, insurance premiums, and costs incurred for the protection o f the Property, which amounts are also secured hereby is $5,000,000. The Lender acknowledges that the Ground Lease provides that the maximum indebtedness that this Mortgage may secures $7,250,000, and the Lender agrees that its recovery against the Property under this Mortgage and any and all other instruments encumbering the Property shall not exceed such sum during the term of the Ground Lease.
The Obligations. The obligations secured hereby shall include (a) the due and punctual payment (in cash or in Parent Common Stock, pursuant to the terms of the Notes and the Loan and Note Purchase Agreement) of the principal, interest and any other amounts payable in respect of the Notes, and (b) all attorney's fees, court costs and expenses of whatever kind incident to the collection of any of said indebtedness or other obligations and the enforcement and protection of the security interest created hereby and (c) the performance of all obligations under the Loan and Note Purchase Agreement where the failure to perform would constitute an Event of Default thereunder (collectively, the "Obligations").