Common use of Unsecured Obligations Clause in Contracts

Unsecured Obligations. Indemnitors hereby acknowledge that Lender's appraisal of the Property is such that Lender is not willing to accept the consequences of the inclusion of Indemnitors' indemnity set forth herein among the obligations secured by the Deed of Trust and the other Loan Documents and that Lender would not make the Loan but for the unsecured recourse liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Borrower set forth in the Deed of Trust and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Deed of Trust or the security interests or other collateral described in the Deed of Trust or the other Loan Documents, it being the intent of Lender to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Deed of Trust or other Loan Documents or the liens or security interests created therein.

Appears in 3 contracts

Samples: Environmental Indemnity Agreement (Apple Suites Inc), Environmental Indemnity Agreement (Cornerstone Realty Income Trust Inc), Environmental Indemnity Agreement (Cornerstone Realty Income Trust Inc)

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Unsecured Obligations. Indemnitors hereby acknowledge that Lender's ’s appraisal of the Property is such that Lender is not willing to accept the consequences of the inclusion of Indemnitors' indemnity set forth herein among the obligations secured by the Deed of Trust and the other Loan Documents and that Lender would not make the Loan but for the unsecured recourse personal liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Borrower set forth in the Deed of Trust and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Deed of Trust or the security interests or other collateral described in the Deed of Trust or the other Loan Documents, it being the intent of Lender to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Deed of Trust or other Loan Documents or the liens or security interests created therein.

Appears in 2 contracts

Samples: Indemnity Agreement (Secured Investment Resources Fund Lp Ii), Hazardous Substances Indemnity Agreement (Grubb & Ellis Healthcare REIT II, Inc.)

Unsecured Obligations. Indemnitors hereby acknowledge that Lender's Indemnitee’s appraisal of the Property Collateral is such that Lender Indemnitee is not willing to accept the consequences of the inclusion of Indemnitors' indemnity set forth herein among the obligations secured by the Deed of Trust Pledge Agreement and the other Loan Documents and that Lender Indemnitee would not make enter into the Loan Agreement but for the unsecured recourse personal liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Borrower Indemnitors set forth in the Deed of Trust Loan Agreement and/or the Pledge Agreement and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Deed of Trust Pledge Agreement or the security interests or other collateral described in the Deed of Trust Pledge Agreement or the other Loan Documents, it being the intent of Lender Indemnitee to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Deed of Trust Pledge Agreement, the Loan Agreement or the other Loan Documents or the liens or security interests created therein.

Appears in 2 contracts

Samples: Environmental Indemnity Agreement (Hospitality Investors Trust, Inc.), Mezzanine Environmental Indemnity Agreement (Hospitality Investors Trust, Inc.)

Unsecured Obligations. Indemnitors hereby acknowledge that Lender's Indemnitee’s appraisal of the Property Properties is such that Lender Indemnitee is not willing to accept the consequences of the inclusion of Indemnitors' indemnity set forth herein among the obligations secured by the Deed of Trust Mortgage and the other Loan Documents and that Lender Indemnitee would not make enter into the Loan Agreement but for the unsecured recourse personal liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Borrower Indemnitors set forth in the Deed of Trust Loan Agreement and/or the Mortgage and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Deed of Trust Mortgage or the security interests or other collateral described in the Deed of Trust Mortgage or the other Loan Documents, it being the intent of Lender Indemnitee to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Deed of Trust Mortgage, the Loan Agreement or the other Loan Documents or the liens or security interests created therein.

Appears in 2 contracts

Samples: Environmental Indemnity Agreement (Hospitality Investors Trust, Inc.), Environmental Indemnity Agreement (Hospitality Investors Trust, Inc.)

Unsecured Obligations. Indemnitors hereby acknowledge that LenderHolder's appraisal of the Property is such that Lender Holder is not willing to accept the consequences of the inclusion of Indemnitors' indemnity set forth herein among the obligations secured by the Deed of Trust Security Instrument and the other Loan Documents and that Lender Holder would not make the Loan but for the unsecured recourse personal liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Borrower set forth in the Deed of Trust Security Instrument and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Deed of Trust Security Instrument or the security interests or other collateral described in the Deed of Trust Security Instrument or the other Loan Documents, it being the intent of Lender Holder to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Deed of Trust Security Instrument or other Loan Documents or the liens or security interests created therein, subject to the limitation on Indemnitors' liability set forth in Section 8 herein.

Appears in 1 contract

Samples: Hazardous Substances Indemnity Agreement (Charming Shoppes Inc)

Unsecured Obligations. Indemnitors Indemnitor hereby acknowledge acknowledges that Lender's appraisal of the Property is such that Lender is not willing to accept the consequences of the inclusion of Indemnitors' Indemnitor's indemnity set forth herein among the obligations secured by the Deed of Trust and the other Loan Documents and that Lender would not make the Loan but for the unsecured recourse liability undertaken by Indemnitors Indemnitor herein. Indemnitors Indemnitor further hereby acknowledge acknowledges that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Borrower set forth in the Note and secured by the Deed of Trust and secured therebyTrust, the obligations of Indemnitors Indemnitor under this Agreement are not secured by the lien of the Deed of Trust or the security interests or other collateral described in the Deed of Trust or the other Loan Documents, it being the intent of Lender to create separate obligations of Indemnitors Indemnitor hereunder which can be enforced against Indemnitors Indemnitor without regard to the existence of the Deed of Trust or other Loan Documents or the liens or security interests created therein.

Appears in 1 contract

Samples: Indemnity and Guaranty Agreement (Apple Suites Inc)

Unsecured Obligations. Indemnitors hereby acknowledge that Lender's ’s appraisal of the Property Properties is such that Lender is not willing to accept the consequences of the inclusion of Indemnitors' indemnity set forth herein among the obligations secured by the Deed of Trust Mortgage and the other Loan Documents and that Lender would not make enter into the Loan Agreement but for the unsecured recourse personal liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Borrower Indemnitors set forth in the Deed of Trust Loan Agreement, the Assumption Agreement and/or the Mortgage and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Deed of Trust Mortgage or the security interests or other collateral described in the Deed of Trust Mortgage or the other Loan Documents, it being the intent of Lender to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Deed of Trust Mortgage, the Loan Agreement, the Assumption Agreement or the other Loan Documents or the liens or security interests created therein.

Appears in 1 contract

Samples: Special Warranty Deed (American Realty Capital Hospitality Trust, Inc.)

Unsecured Obligations. Indemnitors hereby acknowledge that Lender's ’s appraisal of the Property Properties is such that Lender is not willing to accept the consequences of the inclusion of Indemnitors' indemnity set forth herein among the obligations secured by the Deed of Trust Mortgage and the other Loan Documents and that Lender would not make enter into the Loan Agreement but for the unsecured recourse personal liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Borrower Indemnitors set forth in the Deed of Trust Loan Agreement and/or the Mortgage and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Deed of Trust Mortgage or the security interests or other collateral described in the Deed of Trust Mortgage or the other Loan Documents, it being the intent of Lender to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Deed of Trust Mortgage, the Loan Agreement or the other Loan Documents or the liens or security interests created therein.

Appears in 1 contract

Samples: Environmental Indemnity Agreement (Hospitality Investors Trust, Inc.)

Unsecured Obligations. Indemnitors hereby acknowledge that Lender's Indemnitee’s appraisal of the Property Collateral is such that Lender Indemnitee is not willing to accept the consequences of the inclusion of Indemnitors' indemnity set forth herein among the obligations secured by the Deed of Trust Pledge Agreement and the other Loan Documents and that Lender Indemnitee would not make enter into the Loan Agreement but for the unsecured recourse personal liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Borrower Indemnitors set forth in the Deed of Trust Loan Agreement and/or the Pledge Agreement and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Deed of Trust Pledge Agreement or the security interests or other collateral described in the Deed of Trust Pledge Agreement or the other Loan Documents, it being the intent of Lender Indemnitee to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Deed of Trust Pledge Agreement, the Loan Agreement or the other Loan Documents or the liens or security interests created therein.. [NO FURTHER TEXT ON THIS PAGE]

Appears in 1 contract

Samples: Indemnity Agreement (Hospitality Investors Trust, Inc.)

Unsecured Obligations. Indemnitors Indemnitor hereby acknowledge acknowledges that Lender's ’s appraisal of the Property is such that Lender is not willing to accept the consequences of the inclusion of Indemnitors' Indemnitor’s indemnity set forth herein among the obligations secured by the Deed of Trust Mortgage and the other Loan Documents and that Lender would not make consent to the Loan Transfer but for the unsecured recourse personal liability undertaken by Indemnitors Indemnitor herein. Indemnitors Indemnitor further hereby acknowledge acknowledges that even though the representations, warranties, covenants or agreements of Indemnitors Indemnitor contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Borrower set forth in the Deed of Trust Mortgage and secured thereby, the obligations of Indemnitors Indemnitor under this Agreement are not secured by the lien of the Deed of Trust Mortgage or the security interests or other collateral described in the Deed of Trust Mortgage or the other Loan Documents, it being the intent of Lender to create separate obligations of Indemnitors Indemnitor hereunder which can be enforced against Indemnitors Indemnitor without regard to the existence of the Deed of Trust Mortgage or other Loan Documents or the liens or security interests created therein.

Appears in 1 contract

Samples: Indemnity and Guaranty Agreement (Moody National REIT I, Inc.)

Unsecured Obligations. Indemnitors hereby acknowledge that --------------------- Lender's appraisal of the Property is such that Lender is not willing to accept the consequences of the inclusion of Indemnitors' indemnity set forth herein among the obligations secured by the Deed of Trust and the other Loan Documents and that Lender would not make the Loan but for the unsecured recourse liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Borrower set forth in the Deed of Trust and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Deed of Trust or the security interests or other collateral described in the Deed of Trust or the other Loan Documents, it being the intent of Lender to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Deed of Trust or other Loan Documents or the liens or security interests created therein.

Appears in 1 contract

Samples: Environmental Indemnity Agreement (Apple Suites Inc)

Unsecured Obligations. Indemnitors hereby acknowledge that Lender's appraisal of the Property is such that Lender is not willing to accept the consequences of the inclusion of Indemnitors' indemnity set forth 8 herein among the obligations secured by the Deed of Trust Security Instrument and the other Loan Documents and that Lender would not make the Loan but for the unsecured recourse personal liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Borrower set forth in the Deed of Trust Security Instrument and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Deed of Trust Security Instrument or the security interests or other collateral described in the Deed of Trust Security Instrument or the other Loan Documents, it being the intent of Lender to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Deed of Trust Security Instrument or other Loan Documents or the liens or security interests created therein.

Appears in 1 contract

Samples: Indemnity Agreement (President Casinos Inc)

Unsecured Obligations. Indemnitors hereby acknowledge that --------------------- Lender's appraisal of the Property is such that Lender is not willing to accept the consequences of the inclusion of Indemnitors' indemnity set forth herein among the obligations secured by the Deed of Trust and the other Loan Documents Document and that Lender would not make consent to the Loan Requested Actions but for the unsecured recourse personal liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Borrower set forth in the Deed of Trust and secured thereby, and assumed by New Borrower, the obligations of Indemnitors under this Agreement are not secured by the lien of the Deed of Trust or the security interests or other collateral described in the Deed of Trust or the other Loan Documents, it being the intent of Lender to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Deed of Trust or the other Loan Documents or the liens or security interests created therein.

Appears in 1 contract

Samples: Substances Indemnity Agreement (Brookdale Living Communities Inc)

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Unsecured Obligations. Indemnitors hereby acknowledge that Lender's Beneficiary’s appraisal of the Property is such that Lender is Administrative Agent and Lenders are not willing to accept the consequences of the inclusion of Indemnitors' indemnity set forth herein among the obligations secured by the Deed of Trust Mortgages and the other Loan Documents and that Lender Lenders would not make the Loan Loans but for the unsecured recourse personal liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Borrower Indemnitors set forth in the Deed of Trust Mortgages and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Deed of Trust Mortgages or the security interests or other collateral described in the Deed of Trust Mortgages or the other Loan Documents, it being the intent of Lender Administrative Agent and the Lenders to create separate obligations of Indemnitors Indemnitors, and each of them, hereunder which can be enforced against Indemnitors Indemnitors, and each of them, without regard to the existence of the Deed of Trust Mortgages or other Loan Documents or the liens or security interests created therein.

Appears in 1 contract

Samples: Indemnity Agreement (United Industrial Corp /De/)

Unsecured Obligations. Indemnitors hereby acknowledge that Lender's ’s appraisal of the Property Collateral is such that Lender is not willing to accept the consequences of the inclusion of Indemnitors' indemnity set forth herein among the obligations secured by the Deed of Trust Pledge Agreement and the other Loan Documents and that Lender would not make enter into the Loan Agreement but for the unsecured recourse personal liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Borrower Indemnitors set forth in the Deed of Trust Loan Agreement and/or the Pledge Agreement and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Deed of Trust Pledge Agreement or the security interests or other collateral described in the Deed of Trust Pledge Agreement or the other Loan Documents, it being the intent of Lender to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Deed of Trust Pledge Agreement, the Loan Agreement or the other Loan Documents or the liens or security interests created therein.

Appears in 1 contract

Samples: Environmental Indemnity Agreement (Hospitality Investors Trust, Inc.)

Unsecured Obligations. Indemnitors hereby acknowledge that Lender's appraisal of the Property is such that Lender is not willing to accept the consequences of the inclusion of Indemnitors' indemnity set forth herein among the obligations secured by the Deed of Trust Security Instrument and the other Loan Documents and that Lender would not make consent to the sale of the Property to, and the assumption of the Loan by, Assumptor but for the unsecured recourse personal liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Borrower Assumptor set forth in the Deed of Trust Security Instrument and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Deed of Trust Security Instrument or the security interests or other collateral described in the Deed of Trust Security Instrument or the other Loan Documents, it being the intent of Lender to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Deed of Trust Security Instrument or other Loan Documents or the liens or security interests created therein.

Appears in 1 contract

Samples: Hazardous Substances Indemnity Agreement (Inland Diversified Real Estate Trust, Inc.)

Unsecured Obligations. Indemnitors hereby acknowledge that Lender's --------------------- appraisal of the Property is such that Lender is not willing to accept the consequences of the inclusion of Indemnitors' indemnity set forth herein among the obligations secured by the Deed of Trust and the other Loan Documents and that Lender would not make the Loan but for the unsecured recourse liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Borrower set forth in the Deed of Trust and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Deed of Trust or the security interests or other collateral described in the Deed of Trust or the other Loan Documents, it being the intent of Lender to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Deed of Trust or other Loan Documents or the liens or security interests created therein.

Appears in 1 contract

Samples: Environmental Indemnity Agreement (Cornerstone Realty Income Trust Inc)

Unsecured Obligations. Indemnitors hereby acknowledge that Lender's ’s appraisal of the Property is such that Lender is not willing to accept the consequences of the inclusion of Indemnitors' indemnity set forth herein among the obligations secured by the Deed of Trust Mortgage and the other Loan Documents and that Lender would not make consent to the Loan Transfer but for the unsecured recourse personal liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Borrower set forth in the Deed of Trust Mortgage and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Deed of Trust Mortgage or the security interests or other collateral described in the Deed of Trust Mortgage or the other Loan Documents, it being the intent of Lender to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Deed of Trust Mortgage or other Loan Documents or the liens or security interests created therein.

Appears in 1 contract

Samples: Substances Indemnity Agreement (Moody National REIT I, Inc.)

Unsecured Obligations. Indemnitors hereby acknowledge that Lender's ’s appraisal of the Property is such that Lender is not willing to accept the consequences of the inclusion of Indemnitors' indemnity set forth herein among the obligations secured by the Deed of Trust Mortgage and the other Loan Documents and that Lender would not make the Loan but for the unsecured recourse liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Borrower set forth in the Deed of Trust Mortgage and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Deed of Trust Mortgage or the security interests or other collateral described in the Deed of Trust Mortgage or the other Loan Documents, it being the intent of Lender to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Deed of Trust Mortgage or other Loan Documents or the liens or security interests created therein.

Appears in 1 contract

Samples: Environmental Indemnity Agreement (Apple Hospitality Two Inc)

Unsecured Obligations. Indemnitors Indemnitor hereby acknowledge acknowledges that Lender's ’s appraisal of the Property is such that Lender is not willing to accept the consequences of the inclusion of Indemnitors' Indemnitor’s indemnity set forth herein among the obligations secured by the Deed of Trust Security Instrument and the other Loan Documents and that Lender would not make the Loan but for the unsecured recourse personal liability undertaken by Indemnitors Indemnitor herein. Indemnitors Indemnitor further hereby acknowledge acknowledges that even though the representations, warranties, covenants or agreements of Indemnitors Indemnitor contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Borrower set forth in the Deed of Trust Security Instrument and secured thereby, the obligations of Indemnitors Indemnitor under this Agreement are not secured by the lien of the Deed of Trust Security Instrument or the security interests or other collateral described in the Deed of Trust Security Instrument or the other Loan Documents, it being the intent of Lender to create separate obligations of Indemnitors Indemnitor hereunder which can be enforced against Indemnitors Indemnitor without regard to the existence of the Deed of Trust Security Instrument or other Loan Documents or the liens or security interests created therein.

Appears in 1 contract

Samples: Environmental Indemnity Agreement (NNN Apartment REIT, Inc.)

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