Common use of Further Acts, etc Clause in Contracts

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the Mortgage, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.3.

Appears in 15 contracts

Samples: Loan Agreement (Independence Realty Trust, Inc), Loan Agreement (Sunstone Hotel Investors, Inc.), Loan Agreement (Glimcher Realty Trust)

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Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instrument, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.315.3.

Appears in 12 contracts

Samples: Loan Agreement (Wheeler Real Estate Investment Trust, Inc.), Loan Agreement (Clipper Realty Inc.), Loan Agreement (Safety, Income & Growth, Inc.)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, pledges, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording and the MortgagePledge Agreements, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the PropertyCollateral. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.3.

Appears in 10 contracts

Samples: Junior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Junior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Senior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc)

Further Acts, etc. Borrower willshall, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Borrower, on demand, will shall execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the PropertyProperty (including the filing of a financing statement with a generic description such as “all assets”). Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.35.2.

Appears in 9 contracts

Samples: Security Agreement and Fixture Filing, Security Agreement and Fixture Filing (Moody National REIT II, Inc.), Security Agreement and Fixture Filing (Moody National REIT II, Inc.)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instrument, or for complying with all Legal RequirementsApplicable Law. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.315.3.

Appears in 8 contracts

Samples: Loan Agreement (Priam Properties Inc.), Loan Agreement (Condor Hospitality Trust, Inc.), Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageMortgages, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the PropertyProperties. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.3.

Appears in 7 contracts

Samples: Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgagespledges, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement and the Pledge Agreement or for filing, registering or recording filing the Mortgagefinancing statements, or for complying in all material respects with all Legal Requirements and all Health Care Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the PropertyCollateral. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equityequity in connection with the Loan, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.315.3, exercisable, in each case, to the extent that Borrower fails to take the necessary actions within ten (10) days after Borrower’s receipt of written request therefor from Lender.

Appears in 6 contracts

Samples: Mezzanine a Loan Agreement (Northstar Realty Finance Corp.), Mezzanine C Loan Agreement (Northstar Realty Finance Corp.), Mezzanine a Loan Agreement (NorthStar Healthcare Income, Inc.)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the Mortgage, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, in each case to the extent permitted under the Loan Documents, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.3.

Appears in 6 contracts

Samples: Work Letter Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Deed of Trust or for filing, registering or recording the Mortgagethis Deed of Trust, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.3SECTION 5.2.

Appears in 5 contracts

Samples: Trust and Security Agreement (Behringer Harvard Reit I Inc), Trust and Security Agreement (Behringer Harvard Reit I Inc), Trust and Security Agreement (Behringer Harvard Reit I Inc)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, filing or registering or recording of the MortgagePledge Agreement, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the PropertyCollateral. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.3.

Appears in 4 contracts

Samples: Senior Mezzanine Loan Agreement (Maguire Properties Inc), Junior Mezzanine Loan Agreement (Maguire Properties Inc), Mezzanine Loan Agreement (Maguire Properties Inc)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Mortgage or for filing, registering or recording the this Mortgage, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equityequity following an Event of Default, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.35.2.

Appears in 4 contracts

Samples: Security Agreement and Fixture Filing (Inland Real Estate Income Trust, Inc.), Security Agreement (Inland Real Estate Income Trust, Inc.), Security Agreement and Fixture Filing (Inland Real Estate Income Trust, Inc.)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, limitation such rights and remedies available to Lender pursuant to this Section 17.3SECTION 5.2. Nothing contained in this SECTION 5.2 shall be deemed to create an obligation on the part of Borrower to pay any costs and expenses incurred by Lender in connection with the Securitization or other sale or transfer of the Loan.

Appears in 4 contracts

Samples: Mortgage and Security Agreement (Glimcher Realty Trust), Mortgage and Security Agreement (Glimcher Realty Trust), Mortgage and Security Agreement (Glimcher Realty Trust)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to LenderLender (except as expressly set forth in Article XIII hereof), do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, filing or registering or recording of the MortgagePledge Agreement, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the PropertyCollateral. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.3.

Appears in 4 contracts

Samples: Letter Agreement (Ashford Hospitality Trust Inc), Letter Agreement (Ashford Hospitality Trust Inc), Management Agreement (Ashford Hospitality Trust Inc)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.35.2.

Appears in 4 contracts

Samples: Security Agreement and Fixture Filing (Behringer Harvard Reit I Inc), Security Agreement and Fixture Filing (Behringer Harvard Reit I Inc), Security Agreement (Behringer Harvard Reit I Inc)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, pledges, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording and the MortgagePledge Agreement, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the PropertyCollateral. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.3.

Appears in 3 contracts

Samples: Mezzanine D Loan Agreement (Ashford Hospitality Trust Inc), Mezzanine C Loan Agreement (Ashford Hospitality Trust Inc), Mezzanine a Loan Agreement (Ashford Hospitality Trust Inc)

Further Acts, etc. Borrower Bxxxxxxx will, at the cost of BorrowerBxxxxxxx, and without expense to LenderLxxxxx, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instrument, or for complying with all Legal Requirements. BorrowerBxxxxxxx, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender Lxxxxx to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender Lxxxxx in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.315.3.

Appears in 3 contracts

Samples: Loan Agreement (Istar Inc.), Loan Agreement (Industrial Logistics Properties Trust), Loan Agreement (Industrial Logistics Properties Trust)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender and Trustee the property Property and rights hereby deeded, mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal RequirementsApplicable Laws. Borrower, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender Lender, following 10 days' notice to Borrower, to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, (i) one or more financing statements and financing statement amendments statements, chattel mortgages or other instruments, to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property and (ii) any amendments or modifications to the Note, this Security Instrument and/or the Other Security Documents in order to correct any scrivener's errors contained herein or therein, including, without limitation, any errors with respect to the spelling of Borrower's name, the address of the Property, the legal description of the Property and/or the date of execution of the Note, this Security Instrument and/or the Other Security Documents. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.37.2.

Appears in 3 contracts

Samples: Trust and Security Agreement (Corporate Property Associates 15 Inc), Trust and Security Agreement (Corporate Property Associates 15 Inc), Trust and Security Agreement (Corporate Property Associates 15 Inc)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages or deeds of trust, mortgagesas applicable, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deededgiven, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, pledged, assigned, warranted assigned and transferred or intended now or hereafter so to behypothecated, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgage, or for complying with all Legal Requirements. Borrowerthis Security Instrument and, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments statements, chattel mortgages or comparable security instruments to evidence more effectivelyeffectively the lien hereof upon the Property. Borrower hereby authorizes Lender to file any financing statements, and amendments to financing statements, in any jurisdictions and with any filing offices as Lender may determine, in its sole discretion, are necessary or advisable to perfect and maintain the priority of the security interest of granted to Lender hereunder. Such financing statements may describe the collateral in the Propertysame manner as described in this document or may contain an indication or description of collateral that describes such property in any other manner Lender so chooses, including, without limitation, describing such property as “all assets, whether now owned or hereafter acquired” or “all personal property, whether now owned or hereafter acquire”. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender realizing upon the interests granted pursuant to this Section 17.3Security Instrument and to effect the intent hereof, all as fully and effectually as Borrower might or could do; and Borrower hereby ratifies all that Lender shall lawfully do or cause to be done by virtue hereof. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other applicable Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other applicable Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.

Appears in 3 contracts

Samples: Agreement of Consolidation and Modification (Morgans Hotel Group Co.), Morgans Hotel Group Co., Morgans Hotel Group Co.

Further Acts, etc. Borrower will, at the cost of BorrowerBorrower (except with respect to costs incurred by Lender, and without expense to Lenderfor which Lender shall be responsible), do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the Mortgage, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.3.

Appears in 3 contracts

Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc)

Further Acts, etc. Borrower Xxxxxxxx will, at the cost of BorrowerXxxxxxxx, and without expense to LenderXxxxxx, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instrument, or for complying with all Legal Requirements. BorrowerXxxxxxxx, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender Xxxxxx to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender Xxxxxx in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.315.3.

Appears in 3 contracts

Samples: Loan Agreement (Cedar Realty Trust, Inc.), Agreement (Lodging Fund REIT III, Inc.), Loan Agreement (Industrial Logistics Properties Trust)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender and Trustee the property Property and rights hereby deeded, mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, Borrower hereby authorizes Lender to execute any of the foregoing in the name of Borrower or without the signature of Borrower to the extent that Lender may lawfully do so. Borrower hereby authorizes Lender to file in the appropriate filing or recording offices, with or without the signature of Borrower, one or more financing statements and financing statement amendments (including any amendment or continuation thereof), chattel mortgages or other instruments to establish, maintain, or evidence more effectivelyeffectively the validity, perfect and maintain the perfection or priority of the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, limitation such rights and remedies available to Lender pursuant to this Section 17.35.2.

Appears in 2 contracts

Samples: Fixture Filing and Security Agreement (Manufactured Housing Properties Inc.), Filing and Security Agreement (Manufactured Housing Properties Inc.)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instrument, or for complying in all material respects with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose purpose, only during the continuation of an Event of Default, of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.315.3, exercisable, in each case, to the extent that Borrower fails to take the necessary actions within ten (10) days after Borrower’s receipt of written request therefor from Lender.

Appears in 2 contracts

Samples: Loan Agreement (American Realty Capital New York City REIT, Inc.), Loan Agreement (American Realty Capital New York City REIT, Inc.)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instrument, or for complying with all Legal RequirementsApplicable Law. Borrower, on within five (5) Business Days of written demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.315.3.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement (Consolidated Tomoka Land Co)

Further Acts, etc. Borrower will, at the reasonable cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instrument, or for complying with all Legal RequirementsApplicable Law. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of, during the continuance of an Event of Default, exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.315.3.

Appears in 2 contracts

Samples: Loan Agreement (Cole Credit Property Trust Iv, Inc.), Loan Agreement (Cole Corporate Income Trust, Inc.)

Further Acts, etc. Borrower Borrowers will, at the cost of BorrowerBorrowers, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower Borrowers may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageMortgages, or for complying with all Legal Requirements. BorrowerBorrowers, on demand, will execute and deliver, and in the event it they shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower Borrowers or without the signature of Borrower Borrowers to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the each Individual Property. Borrower grants Borrowers grant to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.3.

Appears in 2 contracts

Samples: Loan Agreement (Extra Space Storage Inc.), Loan Agreement (Extra Space Storage Inc.)

Further Acts, etc. Borrower Trustor will, at the cost of BorrowerTrustor, and without expense to LenderBeneficiary, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignmentsassignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Lender Beneficiary shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender Beneficiary the property and rights hereby deeded, mortgaged, deededgiven, granted, granted bargained, sold, alienated, enfeoffed, conveyed, confirmed, pledged, assigned, warranted assigned and transferred hypothecated or intended now or hereafter so to be, or which Borrower Trustor may be or may hereafter become bound to convey or assign to LenderBeneficiary, or for carrying out the intention or facilitating the performance of the terms of this Agreement Deed of Trust or for filing, registering or recording the Mortgage, this Deed of Trust or for complying with all Legal Requirementsfacilitating the sale of the Loan and the Loan Documents as described in Paragraph 20(b) below. BorrowerTrustor, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender Beneficiary to execute in the name of Borrower Trustor or without the signature of Borrower Trustor to the extent Lender Beneficiary may lawfully do so, one or more financing statements and financing statement amendments statements, chattel mortgages or other instruments, to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender Beneficiary in the Trust Property. Borrower Upon foreclosure, the appointment of a receiver or any other relevant action, Trustor will, at the cost of Trustor and without expense to Beneficiary, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the operation of or the Trust Property. Trustor grants to Lender Beneficiary and Trustee an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender Beneficiary and Trustee at law and in equity, including including, without limitation, such rights and remedies available to Lender Beneficiary and Trustee pursuant to this Section 17.3paragraph.

Appears in 2 contracts

Samples: And Security Agreement (First Potomac Realty Trust), And Security Agreement (First Potomac Realty Trust)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, limitation such rights and remedies available to Lender pursuant to this Section 17.35.2. Nothing contained in this Section 5.2 shall be deemed to create an obligation on the part of Borrower to pay any costs and expenses incurred by Lender in connection with the Securitization or other sale or transfer of the Loan.

Appears in 2 contracts

Samples: Mortgage and Security Agreement (Glimcher Realty Trust), Glimcher Realty Trust

Further Acts, etc. Borrower Trustor will, at the cost of BorrowerTrustor, and without expense to LenderBeneficiary, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender Beneficiary shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender Beneficiary the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower Trustor may be or may hereafter become bound to convey or assign to LenderBeneficiary, or for carrying out the intention or facilitating the performance of the terms of this Agreement Deed of Trust or for filing, registering or recording the Mortgagethis Deed of Trust, or for complying with all Legal Requirements. BorrowerTrustor, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender Beneficiary to execute in the name of Borrower Trustor or without the signature of Borrower Trustor to the extent Lender Beneficiary may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender Beneficiary in the Property. Borrower Trustor grants to Lender Beneficiary an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender Beneficiary at law and in equity, including including, without limitation, such rights and remedies available to Lender Beneficiary pursuant to this Section 17.35.02.

Appears in 2 contracts

Samples: Security Agreement (Terra Tech Corp.), Security Agreement (Terra Tech Corp.)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignmentsassignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby deeded, mortgaged, deededgiven, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, pledged, assigned, warranted assigned and transferred hypothecated or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgage, this Security Instrument or for complying with all Legal Requirementsfacilitating the sale of the Loan and the Loan Documents as described herein below. Borrower, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments statements, chattel mortgages or other instruments, to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Security Property. Upon foreclosure, the appointment of a receiver or any other relevant action, Borrower will, at the cost of Borrower and without expense to Lender, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the operation of or the Security Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including including, without limitation, such rights and remedies available to Lender pursuant to this Section 17.3Section.

Appears in 2 contracts

Samples: Mortgage, Security Agreement and Fixture Financing Statement (Prime Group Realty Trust), Mortgage, Security Agreement and Fixture Financing Statement (Prime Group Realty Trust)

Further Acts, etc. Borrower Grantor will, at the cost of BorrowerGrantor, and without expense to LenderBeneficiary, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender Beneficiary shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender Beneficiary and Trustee the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower Grantor may be or may hereafter become bound to convey or assign to LenderBeneficiary, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal RequirementsApplicable Laws. BorrowerGrantor, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender Beneficiary to execute in the name of Borrower Grantor or without the signature of Borrower Grantor to the extent Lender Beneficiary may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender Beneficiary in the Property. Borrower Grantor grants to Lender Beneficiary an irrevocable power of attorney attorney, coupled with an interest interest, and after the occurrence and during the continuance of an Event of Default, Beneficiary may use such power of attorney for the purpose of exercising and perfecting any and all rights and remedies available to Lender Beneficiary at law and in equity, including including, without limitation, limitation such rights and remedies available to Lender Beneficiary pursuant to this Section 17.37.2.

Appears in 2 contracts

Samples: Sirius Xm Radio Inc., Sirius Xm Radio Inc.

Further Acts, etc. Borrower willXxxxxxxx shall, at the cost of BorrowerXxxxxxxx, and without expense to LenderXxxxxx, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Borrower, on demand, will shall execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender Xxxxxx to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the PropertyProperty (including the filing of a financing statement with a generic description such as “all assets”). Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.35.2.

Appears in 2 contracts

Samples: Security Agreement and Fixture Filing (TNP Strategic Retail Trust, Inc.), Fidelity National Title Agency (TNP Strategic Retail Trust, Inc.)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the Mortgage, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the Property. During the continuance of an Event of Default, Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.3.

Appears in 2 contracts

Samples: Loan Agreement (MVP REIT, Inc.), Loan Agreement (MVP REIT II, Inc.)

Further Acts, etc. Borrower Bxxxxxxx will, at the cost of BorrowerBxxxxxxx, and without expense to LenderLxxxxx, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers transfers, deeds to secure debt and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying in all material respects with all Legal RequirementsApplicable Laws. BorrowerBxxxxxxx, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender Lxxxxx to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, and to file in the appropriate filing or recording offices, one or more financing statements and financing statement amendments statements, chattel mortgages or other instruments, to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender Lxxxxx in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, limitation such rights and remedies available to Lender pursuant to this Section 17.37.2.

Appears in 2 contracts

Samples: Mortgage and Security Agreement (Sun Communities Inc), Mortgage and Security Agreement (Sun Communities Inc)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, deeds to secure debt, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Borrower, on demand, will execute authorize and deliver, and in the event it shall fail to so execute authorize and deliver, hereby authorizes Lender and Trustee to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, file one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to Lender and Trustee an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.35.2.

Appears in 2 contracts

Samples: Deed of Trust and Security Agreement (Maguire Properties Inc), Deed of Trust and Security Agreement

Further Acts, etc. Borrower Xxxxxxxx will, at the cost of BorrowerXxxxxxxx, and without expense to LenderXxxxxx, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender and Trustee the property Property and rights hereby deeded, mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal RequirementsApplicable Laws. BorrowerXxxxxxxx, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender Xxxxxx, following 10 days' notice to Borrower, to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, (i) one or more financing statements and financing statement amendments statements, chattel mortgages or other instruments, to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property and (ii) any amendments or modifications to the Note, this Security Instrument and/or the Other Security Documents in order to correct any scrivener's errors contained herein or therein, including, without limitation, any errors with respect to the spelling of Xxxxxxxx's name, the address of the Property, the legal description of the Property and/or the date of execution of the Note, this Security Instrument and/or the Other Security Documents. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.37.2.

Appears in 2 contracts

Samples: Trust and Security Agreement (Corporate Property Associates 15 Inc), Corporate Property Associates 15 Inc

Further Acts, etc. Borrower will, at the reasonable cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliverdeliver following five (5) Business Days’ notice to Borrower, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. In (i) such case set forth in the immediately preceding sentence or (ii) upon the occurrence and during an Event of Default, Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.35.2.

Appears in 2 contracts

Samples: Deed of Trust, Security Agreement and Fixture Filing (FelCor Lodging Trust Inc), Record And (FelCor Lodging Trust Inc)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender and Trustee the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Trustee or Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, limitation such rights and remedies available to Lender pursuant to this Section 17.35.2. Nothing contained in this Section 5.2 shall be deemed to create an obligation on the part of Borrower to pay any costs and expenses incurred by Lender in connection with the Securitization or other sale or transfer of the Loan.

Appears in 2 contracts

Samples: Trust and Security Agreement (Glimcher Realty Trust), Trust and Security Agreement (Glimcher Realty Trust)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender [and Trustee] the property Property and rights hereby deeded, mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender to file one or more financing statements or execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments chattel mortgages or other instruments, to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the PropertyProperty or any Collateral. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, limitation such rights and remedies available to Lender pursuant to this Section 17.36.2.

Appears in 2 contracts

Samples: Security Agreement, And Security Agreement (KBS Real Estate Investment Trust, Inc.)

Further Acts, etc. Borrower Mortgagor will, at the sole cost and expense of BorrowerMortgagor, and without expense to LenderMortgagee or any other Secured Party, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender Mortgagee the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower Mortgagor may be or may hereafter become bound to convey or assign to LenderMortgagee and/or any other Secured Party, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, Mortgagor hereby authorizes Lender Mortgagee to execute in the name of Borrower Mortgagor or without the signature of Borrower Mortgagor to the extent Lender Mortgagee may lawfully do so, one or more financing statements (including, without limitation, initial financing statements and financing statement amendments thereto and continuation statements) to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender Mortgagee and Lenders in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.3.

Appears in 2 contracts

Samples: Credit Agreement (Cig Wireless Corp.), Credit Agreement (Cig Wireless Corp.)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instruments, or for complying in all material respects with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.315.3, exercisable, in each case, to the extent that Borrower fails to take the necessary actions within ten (10) days after Borrower’s receipt of written request therefor from Lender.

Appears in 2 contracts

Samples: Loan Agreement (American Finance Trust, Inc), Loan Agreement (American Finance Trust, Inc)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers transfers, deeds to secure debt and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying in all material respects with all Legal RequirementsApplicable Laws. Borrower, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, and to file in the appropriate filing or recording offices, one or more financing statements and financing statement amendments statements, chattel mortgages or other instruments, to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, limitation such rights and remedies available to Lender pursuant to this Section 17.37.2.

Appears in 2 contracts

Samples: And Spreader Agreement and Security Agreement, Extension and Spreader Agreement and Security Agreement (Sun Communities Inc)

Further Acts, etc. Borrower will, at the cost of ------------------ Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignmentsassignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby deeded, mortgaged, deededgiven, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, pledged, assigned, warranted assigned and transferred hypothecated or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the Mortgage, or for complying with all Legal Requirementsthis Agreement. Borrower, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments or other instruments, to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the PropertyProperties. Upon foreclosure, the appointment of a receiver or any other relevant action, Borrower will, at the cost of Borrower and without expense to Lender, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the operation of or the Properties. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including including, without limitation, such rights and remedies available to Lender pursuant to this Section 17.3section.

Appears in 2 contracts

Samples: Loan Agreement (Capital Automotive Reit), Loan Agreement (Capital Automotive Reit)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instrument, or for complying with all Legal RequirementsRequirements including, without limitation, the execution and delivery of all such writings necessary to transfer any licenses with respect to the Property into the name of Lender or its designee after the occurrence of an Event of Default. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.313.3.

Appears in 2 contracts

Samples: Loan Agreement (Medalist Diversified REIT, Inc.), Loan Agreement (Medalist Diversified REIT, Inc.)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender and Trustee the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Trustee or Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Deed of Trust or for filing, registering or recording the Mortgagethis Deed of Trust, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including including, without limitation, such rights and remedies available to Lender pursuant to this Section 17.35.2.

Appears in 2 contracts

Samples: Rents and Security Agreement (Lodging Fund REIT III, Inc.), Security Agreement (Lodging Fund REIT III, Inc.)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equityequity following an Event of Default, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.35.2.

Appears in 2 contracts

Samples: Security Agreement (Inland Real Estate Income Trust, Inc.), Security Agreement (Inland Real Estate Income Trust, Inc.)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the Mortgage, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the PropertyProperties. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.3.

Appears in 2 contracts

Samples: Loan Agreement (Griffin Capital Essential Asset REIT II, Inc.), Loan Agreement (Griffin Capital Essential Asset REIT, Inc.)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instruments, or for complying in all material respects with all Legal Requirements and all Health Care Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equityequity in connection with the Loan, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.315.3, exercisable, in each case, to the extent that Borrower fails to take the necessary actions within ten (10) days after Borrower’s receipt of written request therefor from Lender.

Appears in 2 contracts

Samples: Loan Agreement (NorthStar Healthcare Income, Inc.), Loan Agreement (Northstar Realty Finance Corp.)

Further Acts, etc. Borrower willThe Mortgagor shall, at the cost of Borrowerthe Mortgagor, and without expense to the Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as the Lender shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto the Lender the property and rights hereby mortgaged, deededgiven, granted, bargained, sold, aliened, enfeoffed, conveyed, confirmed, pledged, assigned, warranted assigned and transferred hypothecated or intended now or hereafter so to be, or which Borrower Mortgagor may be or may hereafter become bound to convey or assign to the Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Mortgage or for filing, registering or recording the this Mortgage, or for complying with all Legal Requirements. Borrower, The Mortgagor on demand, will shall execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes the Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, Mortgagor one or more financing statements and financing statement amendments or other instruments, to evidence more effectively, perfect and maintain the priority of effectively the security interest of the Lender in the Mortgaged Property. Borrower The Mortgagor grants to the Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to the Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.3.

Appears in 2 contracts

Samples: Mortgage and Security Agreement (Avalon GloboCare Corp.), Mortgage and Security Agreement (Avalon GloboCare Corp.)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the each Mortgage, or for complying in all material respects with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, Borrower hereby authorizes Lender to execute in the name filing of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender created by the Loan Documents in the each Individual Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.317.03 to the extent Borrower fails to perform its obligations hereunder.

Appears in 2 contracts

Samples: Loan Agreement (Bon Ton Stores Inc), Loan Agreement (Bon Ton Stores Inc)

Further Acts, etc. Borrower Trustor will, at the sole cost of BorrowerTrustor, and without expense to LenderBeneficiary or Trustee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender Beneficiary or Trustee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, transferring and confirming unto Lender Beneficiary and/or Trustee the property and rights hereby mortgaged, deededgiven, granted, bargained, sold, enfeoffed, conveyed, confirmed, pledged, assigned, warranted assigned and transferred hypothecated or intended now or hereafter so to be, or which Borrower Trustor may be or may hereafter become bound to convey or assign to LenderBeneficiary and/or Trustee, or for carrying out the intention or facilitating the performance of the terms of this Agreement Deed of Trust or for filing, registering or recording the Mortgage, or for complying with all Legal Requirements. Borrowerthis Deed of Trust and, on demand, will execute and deliverdeliver within five (5) business days after request of Beneficiary or Trustee, and in the event it shall fail if Trustor fails to so execute and deliver, hereby authorizes Lender Beneficiary or Trustee thereafter to execute in the name of Borrower or Trustor without the signature of Borrower Trustor to the extent Lender Beneficiary and/or Trustee may lawfully do so, one or more financing statements and financing statement amendments statements, chattel mortgages or comparable security instruments, to evidence more effectively, perfect and maintain effectively the priority of lien hereof upon the security interest of Lender in the Folsom Trust Property. Borrower Trustor grants to Lender Beneficiary and Trustee an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender Beneficiary and Trustee at law and in equity, including without limitation, limitation such rights and remedies available to Lender Beneficiary and Trustee pursuant to this Section 17.3Paragraph 30.

Appears in 1 contract

Samples: West Coast Realty Investors Inc

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender and Trustee the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Trustee or Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Deed of Trust and the Guaranty contained herein or for filing, registering or recording the Mortgagethis Deed of Trust, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including including, without limitation, such rights and remedies available to Lender pursuant to this Section 17.3SECTION 5.2.

Appears in 1 contract

Samples: Horizon Group Properties Inc

Further Acts, etc. Borrower will, at the cost of BorrowerBxxxxxxx, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgagespledges, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property collateral and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgagePledge Agreement or any financing statement, or for complying with all Legal Requirements. BorrowerBxxxxxxx, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender Lxxxxx to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender Lxxxxx in the PropertyCollateral. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.3.15.3. 148

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Industrial Logistics Properties Trust)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property any Property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageMortgages, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the any Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.3.

Appears in 1 contract

Samples: Loan Agreement (RFS Partnership Lp)

Further Acts, etc. Borrower will, at the cost of BorrowerBorrower (except with respect to costs incurred by Lender, and without expense to Lenderfor which Lender shall be responsible), do, execute, acknowledge and deliver all and and. every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the Mortgage, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.3.

Appears in 1 contract

Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc)

Further Acts, etc. Borrower Owner will, at the cost of BorrowerOwner, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower Owner may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal RequirementsApplicable Laws. Owner and/or Borrower, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender Lender, following ten (10) days' notice to Owner and/or Borrower to execute in the name of Owner and/or Borrower or without the signature of Owner and/or Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments statements, chattel mortgages or other instruments, to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower Owner grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.37.2. Lender shall provide copies of any such filings to Borrower within ten (10) days thereafter.

Appears in 1 contract

Samples: Acuity Lighting (Acuity Brands Inc)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the Mortgage, or for complying with all Legal Requirements. Borrower, on within five (5) Business Days of written demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.3.

Appears in 1 contract

Samples: Loan Agreement (Consolidated Tomoka Land Co)

Further Acts, etc. Borrower Xxxxxxxx will, at the cost of BorrowerXxxxxxxx, and without expense to LenderLender or Agent, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender Agent shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender Agent the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to LenderAgent, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instrument, the Pledge Agreement, the UCC Financing Statements or for complying with all Legal RequirementsApplicable Law. BorrowerXxxxxxxx, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender Xxxxxx or Agent to execute in the name of Borrower or without the signature of Borrower to the extent Lender or Agent may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender Xxxxxx and Agent in the PropertyProperty and Equity Collateral. To the extent that Xxxxxxxx fails to comply with the provisions set forth in this Section 14.3, Borrower grants to Lender and Agent an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender or Agent at law and in equity, including including, without limitation, such rights and remedies available to Lender or Agent pursuant to this Section 17.3.14.3. Section 14.4

Appears in 1 contract

Samples: Loan Agreement (CaliberCos Inc.)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements (including, without limitation, initial financing statements and financing statement amendments thereto and continuation statements) with or without the signature of Borrower as authorized by applicable law, to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.3.also ratifies its authorization

Appears in 1 contract

Samples: Security Agreement (Glimcher Realty Trust)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgagesdeeds to secure debt, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgagedsecured, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.35.2.

Appears in 1 contract

Samples: Security Agreement (Behringer Harvard Reit I Inc)

Further Acts, etc. Borrower Mortgagor will, at the cost of BorrowerMortgagor, and without expense to Lender, the Secured Parties do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender the Agent shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender Agent the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower Mortgagor may be or may hereafter become bound to convey or assign to LenderAgent, or for carrying out the intention or facilitating the performance of the terms of this Agreement Mortgage or for filing, registering or recording the this Mortgage, or for complying with all Legal Requirementsapplicable Laws. BorrowerMortgagor, on written demand, will execute and deliver, and in the event it shall fail to so execute (if applicable) and deliver, hereby authorizes Lender Agent to execute in the name of Borrower Mortgagor or without the signature of Borrower Mortgagor to the extent Lender Agent may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender Agent in the Property. Borrower Mortgagor grants to Lender Agent an irrevocable power of attorney coupled with an interest for the purpose of (i) exercising during the continuance of an Event of Default, and (ii) perfecting any and all rights and remedies available to Lender Agent at law and in equity, including including, without limitation, such rights and remedies available to Lender Agent pursuant to this Section 17.35.2.

Appears in 1 contract

Samples: Patent Security Agreement (BlueLinx Holdings Inc.)

Further Acts, etc. Borrower Grantor will, at the cost of BorrowerGrantor, and without expense to Beneficiary or Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender Beneficiary shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender Beneficiary the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower Grantor may be or may hereafter become bound to convey or assign to Beneficiary (for the benefit of Lender, ) or for carrying out the intention or facilitating the performance of the terms of this Agreement Deed of Trust or for filing, registering or recording the Mortgagethis Deed of Trust, or for complying with all Legal Requirements. BorrowerGrantor, on demandwritten demand from Beneficiary, will execute and deliver, and in the event it shall fail fail, within ten (10) Business Days of such demand, to so execute and deliver, hereby authorizes Lender Beneficiary to execute in the name of Borrower Grantor or without the signature of Borrower Grantor to the extent Lender Beneficiary may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender Beneficiary (for the benefit of Lender) in the Property. Borrower Grantor grants to Lender Beneficiary (for the benefit of Lender) an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Beneficiary or Lender at law and or in equity, including including, without limitation, such rights and remedies available to Beneficiary or Lender pursuant to this Section 17.35.02.

Appears in 1 contract

Samples: Agreement and Fixture Filing

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Further Acts, etc. Individual Borrower will, at the cost of Individual Borrower, and without expense to LenderAgent, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender Agent or Trustee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender Agent the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Individual Borrower may be or may hereafter become bound to convey or assign to Trustee or Agent, for the benefit of each Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Individual Borrower, on written demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender Agent to execute in the name of Individual Borrower or without the signature of Individual Borrower to the extent Lender Agent may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectivelyeffectively the security interest of Agent in the Property. Such financing statements may describe the collateral in the same manner as described in this Security Instrument or may contain an indication or description of collateral that describes such property in any other manner, perfect and maintain including, without limitation, all assets of the priority Individual Borrower, as the Agent may determine, in its sole discretion, is necessary or prudent to ensure the perfection of the security interest of Lender in the Propertycollateral granted to the Agent, for the benefit of each Lender, in connection herewith. Individual Borrower grants to Lender Agent an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender Agent at law and in equityequity upon the occurrence, and during the continuance of an Event of Default, including without limitation, limitation such rights and remedies available to Lender Agent pursuant to this Section 17.35.2. Notwithstanding anything to the contrary contained in the immediately preceding sentence, Agent shall not execute any documents as attorney-in-fact for Individual Borrower unless (a) Individual Borrower shall have failed or refused to execute the same within five (5) Business Days after Agent shall have given notice requesting execution thereof, or (b) an Event of Default has occurred and is continuing and in Agent’s good faith determination it would be materially prejudiced by the delay involved in making such request.

Appears in 1 contract

Samples: Agreement and Fixture Filing (Excel Trust, L.P.)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the Mortgage, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.317.03.

Appears in 1 contract

Samples: Loan Agreement (CNL Income Properties Inc)

Further Acts, etc. Borrower willand Guarantor shall (provided the same shall not increase any obligations, or decrease any rights, of Borrower or Guarantor under the Loan Documents), at the cost and expense of BorrowerBorrower and Guarantor, and without expense to LenderAdministrative Agent or Lenders, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender Administrative Agent shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender Lenders the property Property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower or Guarantor may be or may hereafter become bound to convey or assign to LenderLenders, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, filing or registering or recording of the MortgageSecurity Instrument, or for complying with all Legal Requirements. BorrowerBorrower and Guarantor, on demand, will execute and shall deliver, and in the event it Borrower or Guarantor shall fail to so execute and deliver, hereby authorizes Lender Administrative Agent to execute file, in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do soand Guarantor, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender Lenders in the Property. Upon the occurrence and during the continuance of an Event of Default, Borrower grants and Guarantor grant to Lender Lenders and Administrative Agent an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender Lenders or Administrative Agent at law and in equity, including without limitation, such rights and remedies available to Lender Lenders or Administrative Agent pursuant to this Section 17.310.14.2.

Appears in 1 contract

Samples: Loan Agreement (Reading International Inc)

Further Acts, etc. Borrower will, at the cost of BorrowerBorrower (except with respect to costs incurred by Lender, and without expense to Lenderfor which Lender shall be responsible), do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageDeed of Trust, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.3.

Appears in 1 contract

Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc)

Further Acts, etc. Borrower willThe Mortgagor shall, at the cost of Borrowerthe Mortgagor, and without expense to the Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as the Lender and any other Secured Parties shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Lender the Lender, for the benefit of the Secured Parties, the property and rights hereby mortgaged, deededgiven, granted, bargained, sold, aliened, enfeoffed, conveyed, confirmed, pledged, assigned, warranted assigned and transferred hypothecated or intended now or hereafter so to be, or which Borrower Mortgagor may be or may hereafter become bound to convey or assign to the Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Mortgage or for filing, registering or recording the this Mortgage, or for complying with all Legal Requirements. Borrower, The Mortgagor on demand, will shall execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes the Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, Mortgagor one or more financing statements and financing statement amendments or other instruments, to evidence more effectively, perfect and maintain the priority of effectively the security interest of the Lender and any other Secured Parties in the Mortgaged Property. Borrower The Mortgagor grants to Lender the Lender, for the benefit of the Secured Parties, an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to the Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.3.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Avalon GloboCare Corp.)

Further Acts, etc. Borrower Grantor will, at the cost of BorrowerGrantor, and without expense to LenderGrantee, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, deeds to secure debt, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender Grantee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender Grantee the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower Grantor may be or may hereafter become bound to convey or assign to LenderGrantee, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. BorrowerGrantor, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender Grantee to execute in the name of Borrower Grantor or without the signature of Borrower Grantor to the extent Lender Grantee may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender Grantee in the Property. Borrower Grantor grants to Lender Grantee an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender Grantee at law and in equity, including without limitation, such rights and remedies available to Lender Grantee pursuant to this Section 17.35.2.

Appears in 1 contract

Samples: Rents and Security Agreement (TNP Strategic Retail Trust, Inc.)

Further Acts, etc. Borrower Grantor will, at the cost of BorrowerGrantor, and without expense to LenderAgent or any of the Secured Parties, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender Agent shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender Agent the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower Grantor may be or may hereafter become bound to convey or assign to Lender, Agent or for carrying out the intention or facilitating the performance of the terms of this Agreement Deed of Trust or for filing, registering or recording the Mortgagethis Deed of Trust, or for complying with all Legal Requirements. BorrowerGrantor, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender Agent to execute in the name of Borrower Grantor or without the signature of Borrower Grantor to the extent Lender Agent may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender Agent in the Property. Borrower Grantor grants to Lender Agent an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender Agent at law and in equity, including without limitation, such rights and remedies available to Lender Agent pursuant to this Section 17.35.2.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Dixie Group Inc)

Further Acts, etc. Borrower SPTMRT will, at the cost of BorrowerSPTMRT, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender Trustee (where appropriate) and to Lender, the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower SPTMRT may be or may hereafter become bound to convey or assign to Trustee or to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal RequirementsApplicable Laws. BorrowerSPTMRT, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Trustee and Lender to execute in the name of Borrower SPTMRT or without the signature of Borrower SPTMRT to the extent Lender or Trustee may lawfully do so, one or more financing statements and financing statement amendments statements, chattel mortgages or other instruments, to evidence or perfect more effectively, perfect and maintain the priority of effectively the security interest of Trustee or Lender in the Property. Borrower SPTMRT grants to Lender and Trustee an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Trustee or Lender pursuant to this Section 17.37.2.

Appears in 1 contract

Samples: Revolving Loan Agreement (Senior Housing Properties Trust)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instrument, or for complying with all Legal RequirementsApplicable Law. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including including, without limitation, such rights and remedies available to Lender pursuant to this Section 17.314.3.

Appears in 1 contract

Samples: Loan Agreement (Gaia, Inc)

Further Acts, etc. Borrower will, at the cost of Borrower, ------------------ and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignmentsassignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby deeded, mortgaged, deededgiven, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, pledged, assigned, warranted assigned and transferred hypothecated or intended now or hereafter so to be, or which Borrower may be or may 45 hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the Mortgage, or for complying with all Legal Requirementsthis Agreement. Borrower, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments or other instruments, to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the PropertyProperties. Upon foreclosure, the appointment of a receiver or any other relevant action, Borrower will, at the cost of Borrower and without expense to Lender, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the operation of or the Properties. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including including, without limitation, such rights and remedies available to Lender pursuant to this Section 17.3section.

Appears in 1 contract

Samples: Loan Agreement (Capital Automotive Reit)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, including, without limitation, the execution and delivery of all such writings necessary to transfer any liquor licenses into the name of Lender or its designee after the occurrence of any Event of Default, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageUCC Financing Statements, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the PropertyProperties. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.3.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Capital Lodging)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal RequirementsApplicable Laws. Borrower, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower upon Borrower's failure to comply with Lender's demand for a period in excess of fifteen (15) days, or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments statements, chattel mortgages or other instruments, to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, limitation such rights and remedies available to Lender pursuant to this Section 17.37.2.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Wellsford Real Properties Inc)

Further Acts, etc. Borrower will, at the cost of Borrower, and and, except as may be otherwise provided in Article 11 of this Agreement, without expense to Administrative Agent or any Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender Administrative Agent shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender Lenders and/or Administrative Agent, for the benefit of Lenders, the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to LenderAdministrative Agent, for the benefit of Lenders, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instrument, or for complying with all Legal Requirements, provided, however, the same shall not otherwise increase Borrower’s obligations or decrease any rights of Borrower under the Loan Documents, other than (i) to a de minimis extent, or (ii) to the extent necessary to correct any scrivener’s error in a manner consistent with the parties’ intention in connection with the Loan. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliverdeliver within five (5) Business Days following written notice from Administrative Agent, hereby authorizes Lender Administrative Agent to execute in the name of Borrower or without the signature of Borrower to the extent Lender Administrative Agent may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, effectively perfect and maintain the priority of the security interest of Lender Administrative Agent, for the benefit of Lenders in the Property. Borrower grants to Lender Administrative Agent an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender Administrative Agent and Lenders at law and in equity, including without limitation, such rights and remedies available to Lender Administrative Agent and Lenders pursuant to this Section 17.315.3; provided, however, Administrative Agent shall not execute any such documents under such power unless an Event of Default exists or Borrower has failed to do so after five (5) days written notice has been given to Borrower by Administrative Agent of Administrative Agent’s interest to exercise its rights under such power.

Appears in 1 contract

Samples: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Further Acts, etc. Borrower Trustor will, at the cost of BorrowerTrustor, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender and Trustee the property Property and rights hereby deeded, mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower Trustor may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. BorrowerTrustor, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender Lender, following ten (10) days' notice to Trustor, to execute in the name of Borrower Trustor or without the signature of Borrower Trustor to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments statements, chattel mortgages or other comparable security instruments, to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the PropertyProperty or any Collateral. Borrower Trustor grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, limitation such rights and remedies available to Lender pursuant to this Section 17.36.2.

Appears in 1 contract

Samples: Trust and Security Agreement (Felcor Lodging Trust Inc)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Mortgage or for filing, registering or recording the this Mortgage, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or to file without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, limitation such rights and remedies available to Lender pursuant to this Section 17.35.2.

Appears in 1 contract

Samples: www.sec.gov

Further Acts, etc. Borrower Bxxxxxxx will, at the cost of BorrowerBxxxxxxx, and without expense to LenderAdministrative Agent or Lxxxxx, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender Administrative Agent shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender Administrative Agent the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to LenderAdministrative Agent, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instrument, or for complying with all Legal Requirements. BorrowerBxxxxxxx, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender Administrative Agent to execute in the name of Borrower or without the signature of Borrower to the extent Lender Administrative Agent may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender Administrative Agent in the Property. Borrower grants to Lender Administrative Agent an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender Administrative Agent at law and in equity, including without limitation, such rights and remedies available to Lender Administrative Agent pursuant to this Section 17.315.3.

Appears in 1 contract

Samples: Loan Agreement (Industrial Logistics Properties Trust)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equityequity following an Event of Default, including without limitation, limitation such rights and remedies available to Lender pursuant to this Section 17.35.2. Nothing contained in this Section 5.2 shall be deemed to create an obligation on the part of Borrower to pay any costs and expenses incurred by Lender in connection with the Securitization or other sale or transfer of the Loan.

Appears in 1 contract

Samples: , Security Agreement and Fixture Filing (Inland American Real Estate Trust, Inc.)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the Mortgage, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the PropertyIndividual Properties. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.3.

Appears in 1 contract

Samples: Term Loan Agreement (Developers Diversified Realty Corp)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Mortgage or for filing, registering or recording the this Mortgage, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, Borrower hereby irrevocably authorizes Lender to execute file in the name of Borrower or and without the signature of Borrower to the extent Lender may lawfully do soBorrower, one or more financing statements (including amendments and financing statement amendments continuations thereto) to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the PropertyCollateral, which financing statements may at Lender’s election indicate the Collateral as “all assets of the debtor” or words of similar effect. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.35.2.

Appears in 1 contract

Samples: Security Agreement and Fixture (Moody National REIT I, Inc.)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to LenderLenders, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender Lenders shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender Lenders the property and rights hereby deeded, mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to LenderLenders, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Document or for filing, registering or recording the Mortgagethis Security Document, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender Lenders, following ten (10) days' notice to Borrower, to execute in the name of Borrower or without the signature of Borrower to the extent Lender Lenders may lawfully do so, one or more financing statements and financing statement amendments statements, chattel mortgages or other instruments, to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender Lenders in the PropertyProperty or any Collateral. Borrower grants to Lender Lenders an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender Lenders at law and in equity, including without limitation, limitation such rights and remedies available to Lender Lenders pursuant to this Section 17.36.2.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Fibercore Inc)

Further Acts, etc. Borrower Bxxxxxxx will, at the cost of BorrowerBxxxxxxx, and without expense to LenderLxxxxx, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageMortgages, or for complying with all Legal Requirements. BorrowerBxxxxxxx, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender Lxxxxx to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the PropertyProperties. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.3.

Appears in 1 contract

Samples: Loan Agreement (Stirling Hotels & Resorts, Inc.)

Further Acts, etc. (a) Borrower will, at the cost of BorrowerXxxxxxxx, and without expense to LenderXxxxxx, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignmentsassignment, Uniform Commercial Code financing statements, financing statement amendments or continuation statements, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby deeded, mortgaged, deededgiven, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, pledged, assigned, warranted assigned and transferred hypothecated or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Deed or for filing, registering or recording the Mortgage, this Security Deed or for complying with all Legal Requirementsfacilitating the sale of the Loan and the Loan Documents as described in Paragraph 19(b) below. BorrowerXxxxxxxx, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender Xxxxxx to execute in the name of Borrower Xxxxxxxx or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and statements, financing statement amendments amendments, chattel mortgages or other instruments, to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender Xxxxxx in the Property. Upon foreclosure, the appointment of a receiver or any other relevant action, Borrower will, at the cost of Borrower and without expense to Xxxxxx, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the operation of the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including including, without limitation, such rights and remedies available to Lender pursuant to this Section 17.3paragraph.

Appears in 1 contract

Samples: Security Agreement (NNN Healthcare/Office REIT, Inc.)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto to Lender and Trustee the property Property and rights hereby by this Security Instrument deeded, mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter later so to be, or which Borrower may be or may hereafter later become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument, or other Loan Documents, or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal RequirementsApplicable Laws. Borrower, on demand, will execute and deliverdeliver and by this Security Instrument authorizes Lender, and in the event it shall fail following 10 days’ notice to so execute and deliverBorrower, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments statements, chattel mortgages or other instruments, to evidence or perfect more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.37.2.

Appears in 1 contract

Samples: Security Agreement

Further Acts, etc. Borrower Borrowers will, at the cost of BorrowerBorrowers, and without expense to Lender other than Lender’s own legal fees, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, 109 assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower Borrowers may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instruments, or for complying with all Legal RequirementsApplicable Law. BorrowerBorrowers, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of any Borrower or without the signature of any Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the PropertyProperties. Borrower Borrowers grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.315.3.

Appears in 1 contract

Samples: Loan Agreement (STAG Industrial, Inc.)

Further Acts, etc. Borrower Mortgagor will, at the cost of BorrowerMortgagor, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender and Trustee the property Property and rights hereby deeded, mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower Mortgagor may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. BorrowerMortgagor, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender Lender, following ten (10) days’ notice to Mortgagor, to execute in the name of Borrower Mortgagor or without the signature of Borrower Mortgagor to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments statements, chattel mortgages or other instruments, to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the PropertyProperty or any Collateral. Borrower Mortgagor grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of, from and after an Event of Default (as defined in the Loan Agreement), exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, limitation such rights and remedies available to Lender pursuant to this Section 17.36.2.

Appears in 1 contract

Samples: Fixture Filing and Security Agreement (FelCor Lodging Trust Inc)

Further Acts, etc. Each Borrower will, at the cost of Borrowerits cost, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which any Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording this Security Instrument (or evidencing the Mortgagelien created hereby), or for complying with all Legal Requirements. Borrower, on demand, will execute and deliverPursuant to its signature hereunder, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more connection with Lender's filing initial financing statements (and/or fixture filings), amendments, continuations and financing statement amendments terminations in all such jurisdictions and with all such governmental authorities as Lender deems desirable (to evidence more effectivelythe lien granted Lender hereunder), perfect each Borrower hereby confirms that the Lender is a person entitled to file a record, and maintain each Borrower has authorized all such filings, within the priority meaning of Section 9-509 of the security interest of Lender in the PropertyUniform Commercial Code. Each Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, limitation such rights and remedies available to Lender pursuant to this Section 17.35.2.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Ventas Inc)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the Mortgage, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, Borrower hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, file one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.3.

Appears in 1 contract

Samples: Loan Agreement (American Assets Trust, Inc.)

Further Acts, etc. Borrower will, at the cost of BorrowerXxxxxxxx, and without expense to LenderXxxxxx, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. BorrowerXxxxxxxx, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender Xxxxxx to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender Xxxxxx in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including including, without limitation, such rights and remedies available to Lender pursuant to this Section 17.35.2.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Glimcher Realty Trust)

Further Acts, etc. Borrower Borrowers will, at the cost of BorrowerBorrowers, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which either Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instrument, or for complying with all Legal RequirementsApplicable Law. Each Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of each Borrower or without the signature of either Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Each Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.315.3.

Appears in 1 contract

Samples: Loan Agreement (Glimcher Realty Trust)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Administrative Agent or any Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender Administrative Agent shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender Lenders and/or Administrative Agent, for the benefit of Lenders, the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to LenderLenders and/or Administrative Agent, for the benefit of Lenders, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instrument, or for complying with all Legal RequirementsApplicable Law. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, Borrower hereby authorizes Lender Administrative Agent to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, file one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender Administrative Agent, for the benefit of Lenders in the Property. Borrower grants to Lender Administrative Agent an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender Administrative Agent and Lenders at law and in equity, including without limitation, such rights and remedies available to Lender Administrative Agent and Lenders pursuant to this Section 17.315.3, provided, that, neither Administrative Agent nor Lenders shall have the right to exercise such power of attorney except during the continuance of an Event of Default.

Appears in 1 contract

Samples: Loan Agreement (Alexanders Inc)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgagesto secure debt, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.3SECTION 5.2.

Appears in 1 contract

Samples: Security Agreement (Behringer Harvard Reit I Inc)

Further Acts, etc. Borrower Xxxxxxxx will, at the cost of BorrowerXxxxxxxx, and without expense to LenderXxxxxx, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender Trustee (where appropriate) and to Lender, the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Trustee or to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, ..registering or recording the Mortgagethis Security Instrument, or for complying with all Legal RequirementsApplicable Laws. BorrowerXxxxxxxx, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender Xxxxxx and Trustee to execute in the name of Borrower or without the signature of Borrower to the extent Lender or Trustee may lawfully do so, one or more financing statements and financing statement amendments statements, chattel mortgages or other instruments, to evidence or perfect more effectively, perfect and maintain the priority of effectively the security interest of Trustee or Lender in the Property. Borrower grants to Lender and Trustee an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Trustee or Lender pursuant to this Section 17.37.2.

Appears in 1 contract

Samples: Security Agreement (Hartman Commercial Properties Reit)

Further Acts, etc. Borrower Grantor will, at the cost of BorrowerGrantor, and without expense to LenderBeneficiary, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender Beneficiary shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender Beneficiary the property and rights hereby mortgaged, deededgiven, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, pledged, assigned, warranted assigned and transferred or intended now or hereafter so to behypothecated, or which Borrower Grantor may be or may hereafter become bound to convey or assign to LenderBeneficiary, or for carrying out the intention or facilitating the performance of the terms of this Agreement or Deed of Trust for filing, registering or recording the Mortgage, or for complying with all Legal Requirements. Borrowerthis Deed of Trust and, on demand, will execute and deliver, deliver and hereby authorizes Beneficiary in the event it shall fail Grantor fails to do so execute and deliver, hereby authorizes Lender to execute in the name of Borrower Grantor or without the signature of Borrower Grantor to the extent Lender Beneficiary may lawfully do so, one or more financing statements and financing statement amendments statements, chattel mortgages or comparable security instruments, to evidence more effectively, perfect and maintain effectively the priority of lien hereof upon the security interest of Lender in the Trust Property. Borrower Grantor grants to Lender Beneficiary an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender realizing upon the interests granted pursuant to this Section 17.3Deed of Trust and to effect the intent hereof, all as fully and effectually as Grantor might or could do; and Grantor hereby ratifies all that Beneficiary shall lawfully do or cause to be done by virtue hereof.

Appears in 1 contract

Samples: Revenue Net Rental Revenue Other Revenue (Host Funding Inc)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the Mortgage, or for complying with all Legal Requirements. Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such the rights and remedies available to Lender pursuant to this Section 17.3.

Appears in 1 contract

Samples: Loan Agreement (AmREIT, Inc.)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trustmortgages, mortgagesfinancing statements, assignments, security agreements, control agreements, notices of assignmentsassignment, transfers and assurances as Lender shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property Property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now for or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Mortgage or for filing, registering or recording the this Mortgage, or for complying with all Legal RequirementsApplicable Laws. Borrower, on demanddemand of Lender, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower Borrower, or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments statements, chattel mortgages or other instruments, to evidence or perfect more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.37.2.

Appears in 1 contract

Samples: Lakes Entertainment Inc

Further Acts, etc. Except as otherwise expressly set forth herein, Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement or for filing, registering or recording the MortgageSecurity Instruments, or for complying with all Legal Requirements. Borrower, on written demand, will execute and deliver, and in the event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, deliver one or more financing statements and financing statement amendments to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender in the PropertyProperties. Borrower hereby authorizes Lender to file all UCC-1 financing statements necessary to evidence and perfect the security interest in the Properties. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.315.3 provided such power of attorney shall not be exercised unless an Event of Default exists.

Appears in 1 contract

Samples: Loan Agreement (American Realty Capital Trust III, Inc.)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to any Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers transfers, deeds to secure debt and assurances as a Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto such Lender the property and rights hereby mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to such Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal RequirementsApplicable Laws. Borrower, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes each Lender to execute in the name of Borrower or without the signature of Borrower to the extent such Lender may lawfully do so, one or more financing statements and financing statement amendments statements, chattel mortgages or other instruments, to evidence more effectively, perfect and maintain the priority of effectively the security interest of Lender the Lenders in the Property. Borrower grants to each Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender the Lenders at law and in equity, including without limitation, limitation such rights and remedies available to Lender the Lenders pursuant to this Section 17.37.2.

Appears in 1 contract

Samples: Securities Purchase Agreement (Ramtron International Corp)

Further Acts, etc. Borrower Mortgagor will, at the sole cost of BorrowerMortgagor, and without expense to LenderMortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgagesMortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, transferring and confirming unto Lender Mortgagee the property and rights hereby mortgaged, deededgiven, granted, bargained, sold, aliened, enfeoffed, conveyed, confirmed, pledged, assigned, warranted assigned and transferred hypothecated or intended now or hereafter so to be, or which Borrower Mortgagor may be or may hereafter become bound to convey or assign to LenderMortgagee, or for carrying out the intention or facilitating the performance of the terms of this Agreement Mortgage or for filing, registering or recording the Mortgage, or for complying with all Legal Requirements. Borrowerthis Mortgage and, on demand, will execute and deliverdeliver within five (5) business days after request of Mortgagee, and in the event it shall fail if Mortgagor fails to so execute and deliver, hereby authorizes Lender Mortgagee thereafter to execute in the name of Borrower or Mortgagor without the signature of Borrower Mortgagor to the extent Lender Mortgagee may lawfully do so, one or more financing statements and financing statement amendments statements, to evidence more effectively, perfect and maintain effectively the priority of lien hereof upon the security interest of Lender in the Mortgaged Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.3.

Appears in 1 contract

Samples: Leases and Rents and Security Agreement (Dress Barn Inc)

Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignments, transfers and assurances as Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto to Lender and Trustee the property Property and rights hereby deeded, mortgaged, deeded, granted, bargained, sold, conveyed, confirmed, pledged, assigned, warranted and transferred or intended now or hereafter so to be, or which Borrower may be or may hereafter become bound to convey or assign to Lender, or for carrying out the intention or facilitating the performance of the terms of this Agreement Security Instrument, or other Loan Documents, or for filing, registering or recording the Mortgagethis Security Instrument, or for complying with all Legal RequirementsApplicable Laws. Borrower, on demand, will execute and deliver, deliver and in the event it shall fail to so execute and deliver, hereby authorizes Lender Lender, following 10 days' notice to Borrower, to execute in the name of Borrower or without the signature of Borrower to the extent Lender may lawfully do so, one or more financing statements and financing statement amendments statements, chattel mortgages or other instruments, to evidence or perfect more effectively, perfect and maintain the priority of effectively the security interest of Lender in the Property. Borrower grants to Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Lender at law and in equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 17.37.1.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement (Global Geophysical Services Inc)

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