Common use of Further Acts, etc Clause in Contracts

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. Mortgagor, on demand, will execute and deliver and, Mortgagor hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the rights provided for in Section 19 and this Section 20.

Appears in 13 contracts

Samples: Operation and Easement Agreement (Discovery Zone Inc), Discovery Zone Inc, Discovery Zone Inc

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Further Acts, etc. Mortgagor Grantor will, at the cost of MortgagorGrantor, and without expense to MortgageeBeneficiary, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, deeds of trust, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee Beneficiary shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Beneficiary the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor Grantor may be or may hereafter become bound to convey or assign to MortgageeBeneficiary, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Deed of Trust or for filing, registering or recording this MortgageDeed of Trust. MortgagorGrantor, on demand, will execute and deliver and, Mortgagor Grantor hereby authorizes Mortgagee Beneficiary to execute in the name of Mortgagor Grantor or without the signature of Mortgagor Grantor to the extent Mortgagee Beneficiary may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee Beneficiary in the Mortgaged Trust Property. Notwithstanding anything to the contrary contained herein, Mortgagor Grantor shall not be obligated to execute, deliver, file or record any additional documents which increase MortgagorGrantor's obligations under this Mortgage Deed of Trust or the Relevant Documents. Mortgagor Grantor grants to Mortgagee Beneficiary an irrevocable power of attorney coupled with an interest for the purpose of exercising the rights provided for in Section 19 and this Section 20.

Appears in 12 contracts

Samples: Discovery Zone Inc, Discovery Zone Inc, Discovery Zone Inc

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property Property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all Applicable Laws. MortgagorBorrower, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender, following 10 days' notice to Borrower, to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, (i) one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything Property and (ii) any amendments or modifications to the contrary Note, this Security Instrument and/or the Other Security Documents in order to correct any scrivener's errors contained hereinherein or therein, Mortgagor shall not be obligated including, without limitation, any errors with respect to executethe spelling of Borrower's name, deliverthe address of the Property, file or record any additional documents which increase Mortgagor's obligations under the legal description of the Property and/or the date of execution of the Note, this Mortgage or Security Instrument and/or the Relevant Other Security Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for in Section 19 and remedies available to Lender pursuant to this Section 207.2.

Appears in 9 contracts

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

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage, or for complying with all Legal Requirements. MortgagorBorrower, on demand, will execute and deliver anddeliver, Mortgagor and in the event it shall fail to so execute and deliver, hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, statements to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity following an Event of Default, including without limitation such rights and remedies available to Lender pursuant to this Section 205.2. 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 9 contracts

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

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property property, security interest and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Agreement or for filing, registering or recording this Mortgage. MortgagorAgreement and, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the lien hereof upon the Collateral. Without limiting the generality of the foregoing, Borrower will: (i) if any Collateral shall be evidenced by a promissory note or other instrument or chattel paper, deliver and pledge to Lender hereunder such note or instrument or chattel paper duly indorsed and accompanied by duly executed instruments of transfer or assignment, all in form and substance reasonably satisfactory to Lender; (ii) execute or authenticate and file such financing or continuation statements, or amendments thereto, and such other instruments or notices, as may be necessary or desirable and as Lender may request, in order to perfect and preserve the security interest granted or purported to be granted by Borrower hereunder; (iii) take all action necessary to ensure that Lender has control of Mortgagee any Collateral consisting of deposit accounts, electronic chattel paper, investment property and letter-of-credit rights as provided in Sections 9-104, 9-105, 9-106 and 9-107 of the Mortgaged Property. Notwithstanding anything UCC; and (iv) deliver to Lender evidence that all other action that Lender may reasonably deem necessary or desirable in order to perfect and protect the contrary contained herein, Mortgagor shall not security interest granted or purported to be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations granted by Borrower under this Mortgage or the Relevant DocumentsAgreement has been taken. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights provided for interests granted pursuant to this Agreement 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; provided, however, that Lender shall not exercise such power of attorney unless and until Borrower fails to take the required action within the five (5) Business Day time period stated above unless the failure to so exercise, could, in Section 19 Lender’s reasonable judgment, result in a Material Adverse Effect. Upon (a) 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, (b) receipt of an indemnity of Lender related to losses resulting solely from the issuance of a replacement note or other applicable Loan Document and this Section 20(c) 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 6 contracts

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

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagesmortgages or deeds of trust, as applicable, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this Mortgage. MortgagorSecurity Instrument and, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights provided for interests granted pursuant to this Security 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; provided, however, that Lender shall not exercise such power of attorney unless and until Borrower fails to take the required action within the five (5) Business Day time period stated above unless the failure to so exercise, could, in Section 19 Lender’s reasonable judgment, result in a Material Adverse Effect. Upon (a) 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, (b) receipt of an indemnity of Lender related to losses resulting solely from the issuance of a replacement note or other applicable Loan Document and this Section 20(c) 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 6 contracts

Samples: Ashford Hospitality Trust Inc, Mortgage, Security Agreement (Ashford Hospitality Trust Inc), Ashford Hospitality Prime, Inc.

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, security agreements, control agreements, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Agreement or for filing, registering or recording this the Mortgage, or for complying with all Legal Requirements; provided, however, none of the foregoing shall materially increase the obligations or reduce the rights of Borrower hereunder. MortgagorBorrower, on demand, will execute and deliver anddeliver, Mortgagor and in the event it shall fail to so execute and deliver, hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, statements and financing statement amendments to evidence more effectively effectively, perfect and maintain the priority of the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 2017.3.

Appears in 6 contracts

Samples: Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property property, security interest and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Agreement or for filing, registering or recording this Mortgage. MortgagorAgreement and, on within five (5) Business Days of written demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the lien hereof upon the Collateral. Without limiting the generality of the foregoing, Borrower will: (i) if any Collateral shall be evidenced by a promissory note or other instrument or chattel paper, deliver and pledge to Lender hereunder such note or instrument or chattel paper duly indorsed and accompanied by duly executed instruments of transfer or assignment, all in form and substance satisfactory to Lender; (ii) execute or authenticate and file such financing or continuation statements, or amendments thereto, and such other instruments or notices, as may be necessary or desirable and as Lender may request, in order to perfect and preserve the security interest granted or purported to be granted by Borrower hereunder; (iii) take all action necessary to ensure that Lender has control of Mortgagee any Collateral consisting of deposit accounts, electronic chattel paper, investment property and letter-of-credit rights as provided in Sections 9-104, 9-105, 9-106 and 9-107 of the Mortgaged Property. Notwithstanding anything UCC; and (iv) deliver to Lender evidence that all other action that Lender may reasonably deem necessary or desirable in order to perfect and protect the contrary contained herein, Mortgagor shall not security interest granted or purported to be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations granted by Borrower under this Mortgage or the Relevant DocumentsAgreement has been taken. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights provided for interests granted pursuant to this Agreement 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 Section 19 the case of any such mutilation, upon surrender and this Section 20cancellation 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 5 contracts

Samples: Loan and Security Agreement (Morgans Hotel Group Co.), Loan and Security Agreement (Morgans Hotel Group Co.), Loan and Security Agreement (Morgans Hotel Group Co.)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and and, except as may be otherwise provided in Article 11 of this Agreement, without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property collateral and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Agreement or for filing, registering or recording this Mortgageany financing statement, 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. MortgagorBorrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver andwithin five (5) Business Days following written notice from Lender, Mortgagor hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, statements to evidence more effectively perfect the security interest of Mortgagee Lender in the Mortgaged PropertyCollateral. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 2015.3; provided, however, Lender 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 Lender of Lender’s interest to exercise its rights under such power.

Appears in 4 contracts

Samples: Mezzanine B Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Mezzanine a Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Mezzanine B Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Further Acts, etc. Mortgagor will, at the sole cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, transferring and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienatedaliened, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. MortgagorMortgage and, on demand, will execute and deliver andwithin five (5) business days after request of Mortgagee, and if Mortgagor fails to so deliver, hereby authorizes Mortgagee thereafter to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages Mortgages or other comparable security instruments, to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including without limitation such rights and remedies available to Mortgagee pursuant to this Section 20Paragraph 22.

Appears in 4 contracts

Samples: Security Agreement and Fixture Filing (GTJ REIT, Inc.), And Security Agreement (GTJ REIT, Inc.), Security Agreement and Fixture Filing (GTJ REIT, Inc.)

Further Acts, etc. Mortgagor Xxxxxxxxx will, at the cost of MortgagorXxxxxxxxx, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property Property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all legal requirements with respect to the Property, provided, that, same does not increase Mortgagor’s obligations or diminish Mortgagor’s rights hereunder or under any other Loan Document in any material respect. MortgagorXxxxxxxxx, on promptly following written demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to file one or more financing statements or execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, as required to evidence more effectively maintain the security interest of Mortgagee in the Mortgaged PropertyProperty or any Collateral. Notwithstanding anything to Upon the contrary contained hereinoccurrence and during the continuance of an Event of Default, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Xxxxxxxxx grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies in connection with the Loan available to Mortgagee at law and in equity, including without limitation such rights provided for in Section 19 and remedies available to Mortgagee pursuant to this Section 206.02.

Appears in 4 contracts

Samples: Security Agreement and Fixture (Blyth Inc), Security Agreement and Fixture (Blyth Inc), Security Agreement and Fixture (Blyth Inc)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge execute and deliver all to Lender upon demand such documents, instruments, certificates, assignments and every other writings, and do such further actsother acts necessary or desirable, deedsto evidence, conveyancespreserve and/or protect the collateral at any time securing or intended to secure the Debt and/or for the better and more effective carrying out of the intents and purposes of the Loan Documents, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for provided that the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee same does not (y) increase the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated of Lender or (including, without limitation, z) increase the assignment obligations or decrease the rights of leases and rents contained in Section 8 hereof) Borrower or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out Guarantor under the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this MortgageLoan Documents. Mortgagor, on demand, will execute and deliver and, Mortgagor Borrower hereby authorizes Mortgagee Lender, if Borrower fails to execute within five (5) Business Days after request, to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the security interest liens of Mortgagee in the Mortgaged PropertyMortgages upon the Projects. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of, protecting, perfecting, preserving and realizing upon the interests granted pursuant to the Mortgages or to effect the intent of exercising this Agreement, all as fully and effectually as Borrower might or could do; provided, however, that Lender will not exercise such powers of attorney unless (i) Borrower fails to execute any of the rights provided for foregoing within five (5) Business Days after it receives written request from Lender to do so, or (ii) an Event of Default then exists; 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 Section 19 the case of any such mutilation, upon surrender and this Section 20cancellation 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: Loan Agreement (Mack Cali Realty L P), Loan Agreement (Mack Cali Realty Corp), Loan Agreement (Mack Cali Realty Corp)

Further Acts, etc. Mortgagor will, and will cause ESBC and Observatory Lessee, as applicable, at the cost of Mortgagor, and without no expense to MortgageeMortgagee or Lenders, do, to execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all Legal Requirements. Mortgagor, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver andafter reasonable notice, Mortgagor hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements (including, without limitation, initial financing statements and amendments thereto and continuation statements, chattel mortgages ) with or other instrumentswithout the signature of Mortgagor as authorized by applicable law, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything Mortgagor also ratifies its authorization for Mortgagee to have filed any like initial financing statements, amendments thereto and continuation statements, if filed prior to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under date of this Mortgage or the Relevant DocumentsSecurity Instrument. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the perfecting its rights provided for described in Section 19 and this Section 205.2; provided, however, that Mortgagee shall not exercise such power of attorney except during the existence of an Event of Default. To the extent not prohibited by applicable law, Mortgagor hereby ratifies all acts Mortgagee has lawfully done in the past or shall lawfully do or cause to be done in the future by virtue of such power of attorney.

Appears in 3 contracts

Samples: And Rents and Security Agreement (Empire State Realty Trust, Inc.), And Rents and Security Agreement (Empire State Realty Trust, Inc.), And Rents and Security Agreement (Empire State Building Associates L.L.C.)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all applicable Legal Requirements in all material respects. Mortgagor, on demand, will execute and deliver anddeliver, Mortgagor and in the event it shall fail to so execute and deliver, hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements (including, without limitation, initial financing statements and amendments thereto and continuation statements, chattel mortgages ) with or other instrumentswithout the signature of Mortgagor as authorized by applicable law, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything Mortgagor also ratifies its authorization for Mortgagee to have filed any like initial financing statements, amendments thereto and continuation statements, if filed prior to the contrary contained hereindate of this Security Instrument. Upon the occurrence and during the continuance of an Event of Default, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including without limitation such rights and remedies available to Mortgagee pursuant to this Section 205.2. To the extent not prohibited by applicable law, Mortgagor hereby ratifies all acts Mortgagee has lawfully done in the past or shall lawfully do or cause to be done in the future by virtue of such power of attorney.

Appears in 3 contracts

Samples: Rents and Security Agreement (KBS Real Estate Investment Trust, Inc.), Leases and Rents and Security Agreement (KBS Real Estate Investment Trust, Inc.), Rents and Security Agreement (KBS Real Estate Investment Trust, Inc.)

Further Acts, etc. Mortgagor Each Issuer will, at the cost of Mortgagorsuch Issuer’s expense, and without expense to Mortgageethe Indenture Trustee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements UCC Financing Statements or continuation statements, transfers and assurances as Mortgagee the Indenture Trustee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the Indenture Trustee the property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffedoffset, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor such Issuer may be or may hereafter become bound to convey or assign to Mortgageethe Indenture Trustee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Indenture or for filing, registering or recording this MortgageIndenture. Mortgagor, on demand, Each Issuer will promptly execute and deliver and, Mortgagor and hereby authorizes Mortgagee the Indenture Trustee to execute in the name of Mortgagor such Issuer or without the signature of Mortgagor such Issuer to the extent Mortgagee the Indenture Trustee may lawfully do so, one or more financing statements, chattel mortgages statements or other instruments, to evidence more effectively the security interest of Mortgagee the Indenture Trustee in the Mortgaged PropertyProperties or the Mortgage Loans. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, each such Issuer will, at the cost of such Issuer and without expense to the contrary contained hereinIndenture Trustee, Mortgagor shall not be obligated cooperate fully and completely to executeeffect the assignment or transfer of any license, deliverpermit, file agreement or record any additional documents which increase Mortgagor's obligations under this Mortgage other right necessary or useful to the Relevant Documentsoperation of the Properties. Mortgagor Each Issuer grants to Mortgagee the Indenture 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 the Indenture Trustee at law and in equity, including, without limitation, such rights provided for in Section 19 and remedies available to the Indenture Trustee pursuant to this Section 20Section.

Appears in 3 contracts

Samples: Master Indenture (STORE CAPITAL Corp), Master Indenture (STORE CAPITAL Corp), Master Indenture (STORE CAPITAL Corp)

Further Acts, etc. Mortgagor Each of Additional Obligor and Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Additional Obligor or Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Agreement or for filing, registering or recording this Mortgage. Mortgagorthe Security Instrument, or for complying with all Legal Requirements., provided, however, the same shall not increase Additional Obligor’s or Borrower’s obligations or decrease any right of Borrower or Additional Obligor under the Loan Documents, other than to a de minimis extent Each of Additional Obligor and Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver andwithin five (5) Business Days following written notice from Lender, Mortgagor hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor (x) Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, statements to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything Property and (y) Additional Obligor to the contrary contained hereinextent Lender may lawfully do so, Mortgagor shall not be obligated one or more financing statements to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or evidence more effectively the Relevant Documentssecurity interest of Lender in the applicable Collateral. Mortgagor Each of Additional Obligor and Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 2015.3, provided, however, Lender shall not execute any such documents under such power unless an Event of Default exists.

Appears in 3 contracts

Samples: Loan Agreement (Retail Value Inc.), Loan Agreement (Retail Value Inc.), Loan Agreement (DDR Corp)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property property, security interest and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Agreement or for filing, registering filing or recording this Mortgage. MortgagorAgreement and, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the lien hereof upon the Collateral. Without limiting the generality of the foregoing, Borrower will: (i) if any Collateral shall be evidenced by a promissory note or other instrument or chattel paper, deliver and pledge to Lender hereunder such note or instrument or chattel paper duly indorsed and accompanied by duly executed instruments of transfer or assignment, all in form and substance satisfactory to Lender; (ii) execute or authenticate and file such financing or continuation statements, or amendments thereto, and such other instruments or notices, as may be necessary or desirable and as Lender may request, in order to perfect and preserve the security interest granted or purported to be granted by Borrower hereunder; (iii) take all action necessary to ensure that Lender has control of Mortgagee any Collateral consisting of deposit accounts, electronic chattel paper, investment property and letter-of-credit rights as provided in Sections 9-104, 9-105, 9-106 and 9-107 of the Mortgaged Property. Notwithstanding anything UCC; and (iv) deliver to Lender evidence that all other action that Lender may reasonably deem necessary or desirable in order to perfect and protect the contrary contained herein, Mortgagor shall not security interest granted or purported to be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations granted by Borrower under this Mortgage or the Relevant DocumentsAgreement has been taken. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights provided for interests granted pursuant to this Agreement 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, the Certificates or any other Loan Document which is not of public record, and, in Section 19 the case of any such mutilation, upon surrender and this Section 20cancellation of such Note, Certificates or other applicable Loan Document, Borrower will issue, in lieu thereof, a replacement Note, Certificates or other applicable Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note, Certificates or other Loan Document in the same principal amount thereof and otherwise of like tenor.

Appears in 3 contracts

Samples: Loan and Security Agreement (CNL Hotels & Resorts, Inc.), Loan and Security Agreement (CNL Hotels & Resorts, Inc.), Loan and Security Agreement (CNL Hotels & Resorts, Inc.)

Further Acts, etc. Mortgagor Xxxxxxxx will, at the cost of MortgagorXxxxxxxx, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagesmortgages or deeds of trust, as applicable, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this Mortgage. MortgagorSecurity Instrument and, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights provided for interests granted pursuant to this Security 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 Section 19 the case of any such mutilation, upon surrender and this Section 20cancellation 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: Parkway Properties Inc, U Haul International Inc, U Haul International Inc

Further Acts, etc. Mortgagor willTrustor shall, at the cost of Mortgagorits sole cost, and without expense to Mortgagee, do, do execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee Beneficiary shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Beneficiary the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor Trustor may be or may hereafter become bound to convey or assign to MortgageeBeneficiary, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Deed of Trust, or for filing, registering or recording this MortgageDeed of Trust or for facilitating the sale and transfer of the Loan and the Loan Documents in connection with a Secondary Market Transaction as described in Section 9.1 of the Loan Agreement. MortgagorUpon foreclosure, on demandthe appointment of a receiver or any other relevant action, will execute Trustor shall, at its sole cost, cooperate fully and deliver andcompletely to effect the assignment or transfer of any license, Mortgagor hereby authorizes Mortgagee to execute in the name of Mortgagor permit, agreement or without the signature of Mortgagor any other right necessary or useful to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively operation of the security interest of Mortgagee in the Mortgaged Trust Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Trustor grants to Mortgagee 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 Beneficiary at law and in equity, including such rights and remedies available to Beneficiary pursuant to this paragraph. Notwithstanding anything to the rights contrary in the immediately preceding sentence, Beneficiary shall not execute any document as attorney-in-fact of Trustor unless (x) Trustor shall have failed or refused to execute the same within five (5) Business Days after Beneficiary's request therefor, or (y) in Beneficiary's good faith determination it would be materially prejudiced by the delay involved in making such a request. Beneficiary shall give prompt notice to Trustor of any exercise of the power of attorney as provided for in Section 19 and this Section 20Paragraph 7, along with copies of all documents executed in connection therewith.

Appears in 3 contracts

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

Further Acts, etc. Mortgagor Each Issuer will, at the cost of Mortgagorsuch Issuer’s expense, and without expense to Mortgageethe Indenture Trustee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements UCC Financing Statements or continuation statements, transfers and assurances as Mortgagee the Indenture Trustee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the Indenture Trustee the property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffedoffset, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor such Issuer may be or may hereafter become bound to convey or assign to Mortgageethe Indenture Trustee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Indenture or for filing, registering or recording this MortgageIndenture. Mortgagor, on demand, Each Issuer will promptly execute and deliver and, Mortgagor and hereby authorizes Mortgagee the Indenture Trustee to execute in the name of Mortgagor such Issuer or without the signature of Mortgagor such Issuer to the extent Mortgagee the Indenture Trustee may lawfully do so, one or more financing statements, chattel mortgages statements or other instruments, to evidence more effectively the security interest of Mortgagee the Indenture Trustee in the Mortgaged PropertyProperties. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, each such Issuer will, at the cost of such Issuer and without expense to the contrary contained hereinIndenture Trustee, Mortgagor shall not be obligated cooperate fully and completely to executeeffect the assignment or transfer of any license, deliverpermit, file agreement or record any additional documents which increase Mortgagor's obligations under this Mortgage other right necessary or useful to the Relevant Documentsoperation of the Properties. Mortgagor Each Issuer grants to Mortgagee the Indenture 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 the Indenture Trustee at law and in equity, including, without limitation, such rights provided for in Section 19 and remedies available to the Indenture Trustee pursuant to this Section 20Section.

Appears in 3 contracts

Samples: Master Indenture (American Finance Trust, Inc), Master Indenture (American Finance Trust, Inc), Master Indenture (American Finance Trust, Inc)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Deed of Trust or for filing, registering or recording this MortgageDeed of Trust or for facilitating the sale of the Loan and the Loan Documents as described in paragraph 61 below. MortgagorBorrower, on promptly upon demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Trust Property. Notwithstanding anything 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 contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage operation of or the Relevant DocumentsTrust Property. Mortgagor Borrower grants to Mortgagee Lender and Trustee upon the occurrence of an Event of Default and prior to the acceptance of a cure thereof by Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender and Trustee at law and in Section 19 equity, including, without limitation, such rights and remedies available to Lender and Trustee pursuant to this Section 20paragraph.

Appears in 3 contracts

Samples: Security Agreement and Fixture Filing (MPG Office Trust, Inc.), Cash Management Agreement (Maguire Properties Inc), Waiver and Agreement (Maguire Properties Inc)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. Mortgagor, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including without limitation such rights and remedies available to Mortgagee pursuant to this Section 20paragraph.

Appears in 3 contracts

Samples: Trust and Security Agreement (Concord Milestone Plus L P), Mortgage and Security Agreement (Janus American Group Inc), Second Mortgage and Security Agreement (Janus American Group Inc)

Further Acts, etc. (a) Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffedinfeft, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this MortgageMortgage or for facilitating the sale of the Loan and the Loan Documents as described in subsection 19(b) below. Mortgagor, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Mortgagor will, at the cost of Mortgagor and without expense to Mortgagee, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or operation of the Relevant DocumentsMortgaged Property. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including, without limitation, such rights and remedies available to Mortgagee pursuant to this Section 20section.

Appears in 3 contracts

Samples: Mortgage (Ramco Gershenson Properties Trust), Ramco Gershenson Properties Trust, Ramco Gershenson Properties Trust

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, deeds of trust or deeds to secure debt, as applicable, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender or Trustee shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender and Trustee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this Mortgage. MortgagorSecurity Instrument and, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights interests granted pursuant to this Security 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; provided for that Lender shall not exercise such power of attorney unless and until Borrower fails to take the required action within five (5) Business Days of demand unless the failure to so exercise it could, in Section 19 Lender’s reasonable judgment, result in a Material Adverse Effect. 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 this Section 20cancellation 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 2 contracts

Samples: Deed Of (Lightstone Value Plus Real Estate Investment Trust, Inc.), Lightstone Value Plus Real Estate Investment Trust, Inc.

Further Acts, etc. (a) Mortgagor will, at the cost of MortgagorXxxxxxxxx, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this MortgageMortgage or for facilitating the sale of the Loan and the Loan Documents as described in subsection 19(b) below. MortgagorXxxxxxxxx, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor Xxxxxxxxx or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Xxxxxxxxx will, at the cost of Mortgagor and without expense to Mortgagee, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or operation of the Relevant DocumentsMortgaged Property. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including, without limitation, such rights and remedies available to Mortgagee pursuant to this Section 20section.

Appears in 2 contracts

Samples: First Potomac Realty Trust, First Potomac Realty Trust

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage, or for complying with all Legal Requirements. Mortgagor, on demand, will execute and deliver anddeliver, Mortgagor and in the event it shall fail to so execute and deliver, hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, statements to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including, without limitation, such rights and remedies available to Mortgagee pursuant to this Section 205.02.

Appears in 2 contracts

Samples: Mortgage (Bluerock Residential Growth REIT, Inc.), Security Agreement (Morgans Hotel Group Co.)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagesmortgages or deeds of trust, as applicable, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender or Trustee shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender and Trustee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender and Trustee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this Mortgage. MortgagorSecurity Instrument and, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the lien hereof upon the Property. Borrower hereby authorizes Lender and Trustee, severally, to file any financing statements, and amendments to financing statements, in any jurisdictions and with any filing offices as Lender or Trustee, severally, may determine, in its sole discretion, are necessary or advisable to perfect the security interest of Mortgagee granted to Trustee hereunder. Such financing statements may describe the collateral in the Mortgaged 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 or Trustee 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”. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights provided for interests granted pursuant to this Security 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 Section 19 the case of any such mutilation, upon surrender and this Section 20cancellation 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 2 contracts

Samples: Morgans Hotel Group Co., Morgans Hotel Group Co.

Further Acts, etc. Mortgagor will, at the sole cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, transferring and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienatedaliened, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. MortgagorMortgage and, on demand, will execute and deliver andwithin five (5) business days after request of Mortgagee, and if Mortgagor fails to so deliver, hereby authorizes Mortgagee thereafter to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other comparable security instruments, to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including without limitation such rights and remedies available to Mortgagee pursuant to this Section 20PARAGRAPH 30.

Appears in 2 contracts

Samples: Mortgage (Inland Western Retail Real Estate Trust Inc), Rents and Security Agreement (Inland Western Retail Real Estate Trust Inc)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, deeds of trust or deeds to secure debt, as applicable, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this Mortgage. MortgagorSecurity Instrument and, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights interests granted pursuant to this Security Instrument and to effect the intent hereof, all as fully and effectually as Mortgagor might or could do; and Mortgagor hereby ratifies all that Lender shall lawfully do or cause to be done by virtue hereof; provided for that Lender shall not exercise such power of attorney unless and until Mortgagor fails to take the required action within five (5) Business Days of demand unless the failure to so exercise it could, in Section 19 Lender’s reasonable judgment, result in a Material Adverse Effect. 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 this Section 20cancellation of such Note or other applicable Loan Document, Mortgagor 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 2 contracts

Samples: Mortgage and Security Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.), Mortgage and Security Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagesmortgages or deeds of trust, as applicable, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this Mortgage. MortgagorSecurity Instrument and, on within five (5) Business Days of written demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights provided interests granted pursuant to this Security 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; provided, however, that Lender shall not exercise such power of attorney unless and until Borrower fails to take the required action within the five (5) Business Day time period stated above unless the failure to so exercise, could, in Lender’s reasonable judgment, result in a Material Adverse Effect. Upon (a) 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, (b) receipt of an indemnity of Lender related to losses resulting solely from the issuance of a replacement note or other applicable Loan Document or any claims for losses resulting from a claim by a party in Section 19 possession of a note previously deemed lost and this Section 20(c) 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 2 contracts

Samples: Grubb & Ellis Co, Grubb & Ellis Co

Further Acts, etc. Mortgagor will, at the cost of MortgagorXxxxxxxxx, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Mortgagee, the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage, or for complying with all Applicable Laws. MortgagorXxxxxxxxx, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor Xxxxxxxxx or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence or perfect more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant DocumentsPremises. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising executing and/or recording on Xxxxxxxxx's behalf any document or instrument that Mortgagee deems reasonably necessary for the rights provided for purposes set forth in Section 19 and this Section 203.15 if Xxxxxxxxx fails to comply with the Mortgagee's demand in respect thereof within 10 days after written notice.

Appears in 2 contracts

Samples: Mortgage and Security Agreement (American Leisure Holdings Inc), Mortgage and Security Agreement (American Leisure Holdings Inc)

Further Acts, etc. Mortgagor (a) Borrower will, at the cost of Mortgagor, Borrower and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, Lender shall from time to time, time reasonably require, require for the better assuring, conveying, assigning, transferring, transferring and confirming unto Mortgagee Lender the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this MortgageMortgage or for facilitating the sale of the Loan and the Loan Documents as described in subsection 19(b) below. MortgagorBorrower, on demand, will execute and deliver anddeliver, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, instruments to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything 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 contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or operation of the Relevant DocumentsProperty. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including, without limitation, such rights and remedies available to Lender pursuant to this Section 20section.

Appears in 2 contracts

Samples: And Security Agreement (Infousa Inc), Trust and Security Agreement (Infousa Inc)

Further Acts, etc. Mortgagor will, at the cost of MortgagorBuffalo China, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. Mortgagor, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Mortgagor will, at the cost of Buffalo China and without expense to Mortgagee, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage operation of or the Relevant DocumentsMortgaged Property. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including, without limitation, such rights and remedies available to Mortgagee pursuant to this Section 20paragraph.

Appears in 2 contracts

Samples: Oneida LTD, Oneida LTD

Further Acts, etc. Mortgagor will, at the cost of MortgagorXxxxxxxxx, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. MortgagorXxxxxxxxx, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor Xxxxxxxxx or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including without limitation such rights and remedies available to Mortgagee pursuant to this Section 20paragraph.

Appears in 2 contracts

Samples: Concord Milestone Plus L P, Concord Milestone Plus L P

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienatedaliened, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. Mortgagor, Mortgagor on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising perfecting any and all rights and remedies available to Mortgagee at law and in equity pursuant to the terms of the Note, this Mortgage or the Other Security Documents, including without limitation such rights provided for in Section 19 and remedies available to Mortgagee pursuant to this Section 20paragraph 17.

Appears in 2 contracts

Samples: First Mortgage and Security Agreement (Century Properties Fund Xii), First Mortgage and Security Agreement (Century Properties Fund Xvi)

Further Acts, etc. Mortgagor will, at the sole cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagesMortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, transferring and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienatedaliened, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. MortgagorMortgage and, on demand, will execute and deliver andwithin five (5) business days after request of Mortgagee, and if Mortgagor fails to so deliver, hereby authorizes Mortgagee thereafter to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages Mortgages or other comparable security instruments, to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including without limitation such rights and remedies available to Mortgagee pursuant to this Section 20Paragraph 30.

Appears in 2 contracts

Samples: Rents and Security Agreement (FSP 303 East Wacker Drive Corp.), Leases and Rents and Security Agreement and Fixture Filing (Inland Diversified Real Estate Trust, Inc.)

Further Acts, etc. Mortgagor will, at the cost of MortgagorOneida, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. Mortgagor, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Mortgagor will, at the cost of Oneida and without expense to Mortgagee, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage operation of or the Relevant DocumentsMortgaged Property. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including, without limitation, such rights and remedies available to Mortgagee pursuant to this Section 20paragraph.

Appears in 2 contracts

Samples: Oneida LTD, Oneida LTD

Further Acts, etc. Mortgagor Grantor will, at the cost of MortgagorGrantor, and without expense to MortgageeBeneficiary, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, deeds of trust, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee Beneficiary shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Beneficiary the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor Grantor may be or may hereafter become bound to convey or assign to MortgageeBeneficiary, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Deed of Trust or for filing, registering or recording this MortgageDeed of Trust. MortgagorGrantor, on demand, will execute and deliver and, Mortgagor Grantor hereby authorizes Mortgagee Beneficiary to execute in the name of Mortgagor Grantor or without the signature of Mortgagor Grantor to the extent Mortgagee Beneficiary may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee Beneficiary in the Mortgaged Trust Property. Notwithstanding anything to the contrary contained herein, Mortgagor Grantor shall not be obligated to execute, deliver, file or record any additional documents which increase MortgagorGrantor's obligations under this Mortgage Deed of Trust or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the rights provided for in Section 19 and this Section 20.Relevant

Appears in 2 contracts

Samples: Discovery Zone Inc, Discovery Zone Inc

Further Acts, etc. Mortgagor will, at the sole cost and expense of MortgagorXxxxxxxxx, and without any cost or expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Mortgagee, the property Property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all Legal Requirements. MortgagorXxxxxxxxx, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor Xxxxxxxxx or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence or perfect more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for in Section 19 and remedies available to Mortgagee pursuant to this Section 204.2, and Xxxxxxxxx hereby acknowledges and agrees that Xxxxxxxxx shall have no claim or cause of action against Mortgagee arising out of Mortgagee's execution and/or recordation of any instruments by or on behalf of Mortgagor pursuant to the foregoing power of attorney.

Appears in 2 contracts

Samples: Lightstone Value Plus Real Estate Investment Trust, Inc., Lightstone Value Plus Real Estate Investment Trust, Inc.

Further Acts, etc. Mortgagor (a) Trustor will, at the cost of MortgagorTrustor, and without expense to MortgageeBeneficiary, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements statements, financing statement amendments or continuation statements, transfers and assurances as Mortgagee Beneficiary shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Beneficiary the property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor Trustor may be or may hereafter become bound to convey or assign to MortgageeBeneficiary, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Deed of Trust or for filing, registering or recording this MortgageDeed of Trust or for facilitating the sale of the Loan and the Loan Documents as described in Paragraph 19(b) below. MortgagorTrustor, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Beneficiary to execute in the name of Mortgagor Trustor or without the signature of Mortgagor Trustor to the extent Mortgagee Beneficiary may lawfully do so, one or more financing statements, financing statement amendments, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee Beneficiary in the Mortgaged Trust Property. Notwithstanding anything 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 contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or operation of the Relevant DocumentsTrust Property. Mortgagor Trustor grants to Mortgagee Beneficiary and Trustee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Beneficiary and Trustee at law and in Section 19 equity, including, without limitation, such rights and remedies available to Beneficiary and Trustee pursuant to this Section 20paragraph.

Appears in 2 contracts

Samples: Property Management Agreement (Republic Property Trust), Security Agreement and Fixture Filing (Republic Property Trust)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Deed of Trust or for filing, registering or recording this MortgageDeed of Trust or for facilitating the sale of the Loans and the Loan Documents as described in paragraph 61 below. MortgagorBorrower, on promptly upon demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Trust Property. Notwithstanding anything 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 contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage operation of or the Relevant DocumentsTrust Property. Mortgagor Borrower grants to Mortgagee Lender and Trustee upon the occurrence of an Event of Default and prior to the acceptance of a cure thereof by Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender and Trustee at law and in Section 19 equity, including, without limitation, such rights and remedies available to Lender and Trustee pursuant to this Section 20paragraph.

Appears in 2 contracts

Samples: Waiver and Agreement (Maguire Properties Inc), Cash Management Agreement (Maguire Properties Inc)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this MortgageMortgage or for facilitating the sale of the Loan and the Loan Documents as described in Paragraph 20(b) below. Mortgagor, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Mortgagor will, at the cost of Mortgagor and without expense to Mortgagee, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage operation of or the Relevant DocumentsMortgaged Property. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including, without limitation, such rights and remedies available to Mortgagee pursuant to this Section 20paragraph.

Appears in 1 contract

Samples: Security Agreement (Cedar Income Fund LTD /Md/)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage, or for complying with all Laws. Mortgagor, on demand, will execute and deliver anddeliver, Mortgagor and in the event it shall fail to so execute and deliver, hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, statements to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including without limitation, such rights and remedies available to Mortgagee pursuant to this Section 205.2.

Appears in 1 contract

Samples: Credit Agreement (CBL & Associates Properties Inc)

Further Acts, etc. Mortgagor will, at the sole cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagesMortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, transferring and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienatedaliened, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. MortgagorMortgage and, on demand, will execute and deliver andwithin five (5) business days after request of Mortgagee, and if Mortgagor fails to so deliver, hereby authorizes Mortgagee thereafter to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages Mortgages or other comparable security instruments, to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including without limitation such rights and remedies available to Mortgagee pursuant to this Section 20PARAGRAPH 30.

Appears in 1 contract

Samples: Leases and Rents and Security Agreement (Dm Management Co /De/)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender and Trustee the property Property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all Applicable Laws. MortgagorBorrower, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender, following 10 days’ notice to Borrower, to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, (i) one or more financing statements (including, without limitation, initial financing statements, amendments thereto and continuation statements) with or without the signature of Borrower as authorized by applicable law, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything Property and (ii) any amendments or modifications to the contrary Note, this Security Instrument and/or the Other Security Documents in order to correct any scrivener’s errors contained hereinherein or therein, Mortgagor shall not be obligated including, without limitation, any errors with respect to executethe spelling of Borrower’s name, deliverthe address of the Property, file or record any additional documents which increase Mortgagor's obligations under the legal description of the Property and/or the date of execution of the Note, this Mortgage or Security Instrument and/or the Relevant Other Security Documents. Mortgagor Borrower also ratifies its authorization for Lender to have filed any like initial financing statements, amendments thereto and continuation statements, if filed prior to the date of this Security Instrument. Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for in Section 19 and remedies available to Lender pursuant to this Section 207.2. To the extent not prohibited by applicable law, Borrower hereby ratifies all acts Lender has lawfully done in the past or shall lawfully do or cause to be done in the future by virtue of such power of attorney.

Appears in 1 contract

Samples: Trust and Security Agreement (Innovative Micro Technology Inc)

Further Acts, etc. (a) Mortgagor will, at the cost of MortgagorXxxxxxxxx, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. MortgagorXxxxxxxxx, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor Xxxxxxxxx or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including without limitation such rights and remedies available to Mortgagee pursuant to this Section 20subsection.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Emeritus Corp\wa\)

Further Acts, etc. (a) Mortgagor will, at the cost of Mortgagor, and without expense to MortgageeMortgage, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this MortgageMortgage or for facilitating the sale of the Loan and the Loan Documents as described in Paragraph 20(b) below. Mortgagor, on demand, will execute and deliver and, Mortgagor and hereby --------------- authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Mortgagor will, at the cost of Mortgagor and without expense to Mortgagee, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage operation of or the Relevant DocumentsMortgaged Property. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including without limitation, such rights and remedies available to Mortgagee pursuant to this Section 20paragraph.

Appears in 1 contract

Samples: And Security Agreement (Wellington Properties Trust)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all Legal Requirements (as defined in the Loan Agreement). Mortgagor, on demand, will execute and deliver anddeliver, Mortgagor and in the event it shall fail to so execute and deliver, hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, statements to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including without limitation, such rights and remedies available to Mortgagee pursuant to this Section 205.2.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Pennsylvania Real Estate Investment Trust)

Further Acts, etc. Mortgagor Borrower will, at the reasonable cost of MortgagorBorrower, and without expense to MortgageeAdministrative Agent or any Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Administrative Agent shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lenders and/or Administrative Agent, for the benefit of Lenders, the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLenders and/or Administrative Agent, for the benefit of Lenders, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Agreement or for filing, registering or recording this Mortgagethe Security Instrument, or for complying with all Applicable Law. MortgagorBorrower, on demand, will execute and deliver anddeliver, Mortgagor and in the event it shall fail to so execute and deliver, hereby authorizes Mortgagee Administrative Agent to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Administrative Agent may lawfully do so, one or more financing statements, chattel mortgages or other instruments, statements to evidence more effectively the security interest of Mortgagee Administrative Agent, for the benefit of Lenders in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Administrative Agent an irrevocable power of attorney coupled with an interest for the purpose of, during the continuance of an Event of Default, exercising the and perfecting any and all rights provided for and remedies available to Administrative Agent and Lenders at law and in Section 19 equity, including without limitation, such rights and remedies available to Administrative Agent and Lenders pursuant to this Section 20.15.3. 119

Appears in 1 contract

Samples: Loan Agreement (Cole Credit Property Trust III, Inc.)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such reasonable further acts, deeds, conveyances, mortgagesdeeds of trust, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property Property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all Legal Requirements. MortgagorBorrower, on demand, will execute and deliver and, Mortgagor hereby authorizes Mortgagee permit Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements (including, without limitation, initial financing statements and amendments thereto and continuation statements, chattel mortgages ) with or other instrumentswithout the signature of Borrower as authorized by applicable law, to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything Borrower also ratifies its authorization for Lender to have filed any like initial financing statements, amendments thereto and continuation statements, if filed prior to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under date of this Mortgage or the Relevant DocumentsSecurity Instrument. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting upon an Event of Default and during the continuance thereof any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including without limitation such rights and remedies available to Lender pursuant to this Section 205.2. To the extent not prohibited by applicable law, Borrower hereby ratifies all acts Lender has lawfully done in the past or shall lawfully do or cause to be done in the future by virtue of such power of attorney.

Appears in 1 contract

Samples: Fee and Leasehold Mortgage, Security Agreement and Fixture Filing (Maui Land & Pineapple Co Inc)

Further Acts, etc. Mortgagor Each of Additional Obligor and Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Additional Obligor or Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Agreement or for filing, registering or recording this Mortgagethe Security Instrument, or for complying with all Legal Requirements., provided, however, the same shall not increase Additional Obligor’s or Borrower’s obligations or decrease any right of Borrower or Additional Obligor under the Loan Documents, other than to a de minimis extent. MortgagorEach of Additional Obligor and Borrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver andwithin five (5) Business Days following written notice from Lender, Mortgagor hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor (x) Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, statements to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything Property and (y) Additional Obligor to the contrary contained hereinextent Lender may lawfully do so, Mortgagor shall not be obligated one or more financing statements to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or evidence more effectively the Relevant Documentssecurity interest of Lender in the applicable Collateral. Mortgagor Each of Additional Obligor and Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 2015.3, provided, however, Lender shall not execute any such documents under such power unless an Event of Default exists.

Appears in 1 contract

Samples: Loan Agreement (Retail Value Inc.)

Further Acts, etc. (a) Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Unifoim Commercial Code financing statements statements, financing statement amendments or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this MortgageMortgage or for facilitating the sale of the Loan and the Loan Documents as described in Paragraph 19(b) below. Mortgagor, on demand, will execute and deliver and, Mortgagor hereby authorizes Mortgagee to execute in the name of Mortgagor file or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, record one or more complete financing statements, chattel mortgages continuations or other instrumentsamendments pursuant to the Uniform Commercial Code covering the Collateral, and Mortgagor will pay the cost (or reimburse Mortgagee for any such cost) of filing or recording the same in all public offices whenever and wherever such filing or recording is reasonably deemed necessary or advisable by Mortgagee to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Mortgagor will, at the reasonable cost of Mortgagor and without expense to Mortgagee, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or operation of the Relevant DocumentsMortgaged Property. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies Gxxxxxx Sxxxx Commercial Mortgage Capital Mortgage, Assignment of Rents, Security Agreement and Fixture Filing- 57 - Two Rxxxxx Xxxxxx Healthcare Clinic available to Mortgagee at law and in Section 19 equity, including, without limitation, such rights and remedies available to Mortgagee pursuant to this Section 20Paragraph.

Appears in 1 contract

Samples: Security Agreement and Fixture (American Realty Capital Healthcare Trust Inc)

Further Acts, etc. (a) Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements statements, financing statement amendments or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this MortgageMortgage or for facilitating the sale of the Loan and the Loan Documents as described in Paragraph 19(b) below. Mortgagor, on demand, will execute and deliver and, Mortgagor hereby authorizes Mortgagee to execute in the name of Mortgagor file or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, record one or more complete financing statements, chattel mortgages continuations or other instrumentsamendments pursuant to the Uniform Commercial Code covering the Collateral, and Mortgagor will pay the cost (or reimburse Mortgagee for any such cost) of filing or recording the same in all public offices whenever and wherever such filing or recording is reasonably deemed necessary or advisable by Mortgagee to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Mortgagor will, at the reasonable cost of Mortgagor and without expense to Mortgagee, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or operation of the Relevant DocumentsMortgaged Property. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with Xxxxxxx Sachs Commercial Mortgage Capital Mortgage, Assignment of Rents, Security Agreement and Fixture Filing- 57 - Neenah Aurora Healthcare Clinic an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including, without limitation, such rights and remedies available to Mortgagee pursuant to this Section 20Paragraph.

Appears in 1 contract

Samples: Security Agreement and Fixture (American Realty Capital Healthcare Trust Inc)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagesdeeds of trust, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all Legal Requirements. Mortgagor, on demand, will execute and deliver anddeliver, Mortgagor and in the event it shall fail to so execute and deliver, hereby authorizes Mortgagee Lender to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, statements to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including without limitation such rights and remedies available to Lender pursuant to this Section 205.2. Nothing contained in this Section 5.2 shall be deemed to create an obligation on the part of Mortgagor 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: Mortgage and Security Agreement (Glimcher Realty Trust)

Further Acts, etc. Mortgagor (a) Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeGrantee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee Grantee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Grantee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffedinfeft, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeGrantee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument or for facilitating the sale of the Loan and the Loan Documents as described in subsection 19(b) below. MortgagorBorrower, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Grantee to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Grantee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee Grantee in the Mortgaged Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Borrower will, at the cost of Borrower and without expense to Grantee, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or operation of the Relevant DocumentsProperty. Mortgagor Borrower grants to Mortgagee Grantee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Grantee at law and in Section 19 equity, including, without limitation, such rights and remedies available to Grantee pursuant to this Section 20section.

Appears in 1 contract

Samples: Security Agreement (KBS Strategic Opportunity REIT, Inc.)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, except as may otherwise be provided in Article 11 and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Agreement or for filing, registering or recording this Mortgagethe Security Instrument, or for complying with all Applicable Law; 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. MortgagorBorrower, on demand, will execute and deliver, and in the event it shall fail to so execute and deliver andwithin five (5) Business Days following written notice from Lender, Mortgagor hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, statements to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged PropertyProperties. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including without limitation, such rights and remedies available to Lender pursuant to this Section 2015.3; provided, however, Lender shall not execute any such documents under such power unless an Event of Default is continuing or Borrower has failed to do so after five (5) days written notice has been given to Borrower by Lender of Lender’s intent to exercise its rights under such power.

Appears in 1 contract

Samples: Loan Agreement (Orion Office REIT Inc.)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property Property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all Applicable Laws. MortgagorBorrower, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender, following 10 days’ notice to Borrower, to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements (including, without limitation, initial financing statements, amendments thereto and continuation statements) with or without the signature of Borrower as authorized by applicable law, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything Borrower also ratifies its authorization for Lender to have filed any like initial financing statements, amendments thereto and continuation statements, if filed prior to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under date of this Mortgage or the Relevant DocumentsSecurity Instrument. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for in Section 19 and remedies available to Lender pursuant to this Section 207.2. To the extent not prohibited by applicable law, Borrower hereby ratifies all acts Lender has lawfully done in the past or shall lawfully do or cause to be done in the future by virtue of such power of attorney.

Appears in 1 contract

Samples: Mortgage And (Resource Real Estate Opportunity REIT, Inc.)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages. deeds of trust, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all Legal Requirements. Mortgagor, on demand, will execute and deliver anddeliver, Mortgagor and in the event it shall fail to so execute and deliver, hereby authorizes Mortgagee Lender to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, statements to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including without limitation such rights and remedies available to Lender pursuant to this Section 205.2. Nothing contained in this Section 5.2 shall be deemed to create an obligation on the part of Mortgagor 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: Mortgage and Security Agreement (Cedar Income Fund LTD /Md/)

Further Acts, etc. Mortgagor Each Borrower will, at the cost of Mortgagorits own cost, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagesdeeds of trust, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender and Trustee the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor any Borrower may be or may hereafter become bound to convey or assign to MortgageeTrustee or Lender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument (or evidencing the lien created hereby), or for complying with all Legal Requirements. MortgagorPursuant to its signature hereunder, on demandand in connection with Xxxxxx's filing initial financing statements (and/or fixture filings), will execute amendments, continuations, and deliver and, Mortgagor hereby authorizes Mortgagee to execute terminations in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, all such jurisdictions and with all such governmental authorities as Lender deems desirable (to evidence more effectively the security interest lien granted Lender hereunder), each Borrower hereby confirms that the Lender is a person entitled to file a record, and each Borrower has authorized all such filings, within the meaning of Mortgagee in Section 9-509 of the Mortgaged PropertyUniform Commercial Code. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Each Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including without limitation such rights and remedies available to Lender pursuant to this Section 205.2.

Appears in 1 contract

Samples: Trust and Security Agreement (Ventas Inc)

Further Acts, etc. Mortgagor will, at the cost of MortgagorXxxxxxxxx, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. MortgagorXxxxxxxxx, on demand, will execute and deliver and, Mortgagor Xxxxxxxxx hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor Xxxxxxxxx shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the rights provided for in Section 19 and this Section 20.

Appears in 1 contract

Samples: Discovery Zone Inc

Further Acts, etc. Mortgagor Borrower will, at the Borrower’s sole cost of Mortgagorand expense, and without expense to MortgageeGovernmental Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shallGovernmental Lender may, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Governmental Lender the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeGovernmental Lender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all applicable Laws and Requirements of Law. MortgagorBorrower, on demand, will execute and deliver anddeliver, Mortgagor and in the event it fails to so execute and deliver, hereby authorizes Mortgagee Governmental Lender to execute in the name of Mortgagor Borrower or file or record without the signature of Mortgagor Borrower to the extent Mortgagee Governmental Lender may lawfully do so, one or more financing statements (including initial financing statements and amendments thereto and continuation statements, chattel mortgages or other instruments), to evidence more effectively the security interest of Mortgagee Governmental Lender in the Mortgaged Property. Notwithstanding anything Borrower also ratifies its authorization for Governmental Lender to have filed or recorded any like initial financing statements, amendments thereto and continuation statements, if filed or recorded prior to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under date of this Mortgage or the Relevant DocumentsSecurity Instrument. Mortgagor Borrower grants to Mortgagee Governmental 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 Governmental Lender at law and in equity, including such rights and remedies available to Governmental Lender pursuant to this Section. To the rights provided for extent not prohibited by applicable law, Borrower hereby ratifies all acts Governmental Lender has lawfully done in Section 19 and this Section 20the past or will lawfully do or cause to be done in the future by virtue of such power of attorney.

Appears in 1 contract

Samples: www.minnetonkamn.gov

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Further Acts, etc. Mortgagor Mortgagors will, at the cost of MortgagorMortgagors, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property Property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Mortgagors may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all Legal Requirements. MortgagorMortgagors, on demand, will execute and deliver andand hereby authorize Mortgagee, Mortgagor hereby authorizes Mortgagee following ten (10) days’ notice to the applicable Mortgagor(s), to execute in the name of Mortgagor such Mortgagor(s) or without the signature of Mortgagor such Mortgagor(s) to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged PropertyProperty or any UCC Collateral. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants Mortgagors grant to Mortgagee 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 the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including, without limitation, such rights and remedies available to Mortgagee pursuant to this Section 206.2.

Appears in 1 contract

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

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagesmortgages or deeds of trust, as applicable, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender or Trustee shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender and Trustee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender and Trustee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this Mortgage. MortgagorSecurity Instrument and, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights provided for interests granted pursuant to this Security 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; provided, however, that Lender shall not exercise such power of attorney unless and until Borrower fails to take the required action within the five (5) Business Day time period stated above unless the failure to so exercise, could, in Section 19 Lender’s reasonable judgment, result in a Material Adverse Effect. Upon (a) 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, (b) receipt of an indemnity of Lender related to losses resulting solely from the issuance of a replacement note or other applicable Loan Document and this Section 20(c) 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 1 contract

Samples: Pebblebrook Hotel Trust

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, deeds of trust, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee and the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. Mortgagor, on demand, will execute and deliver and, Mortgagor hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the rights provided for in Section 19 and this Section 2015. Mortgagor shall defend, at its own cost and expense, and hold Mortgagee harmless from, any proceeding, liability or claim by any third party in any way relating to the Mortgaged Property except for any claim, proceeding or liability caused by the gross negligence or intentional misconduct of Mortgagee. All reasonable costs and expenses incurred by Mortgagee in protecting the security and lien interests created hereunder, including all court costs and reasonable attorneys' fees, disbursements and expenses, shall be borne by Mortgagor (except for costs and expenses incurred as a result of the gross negligence or intentional misconduct of Mortgagee). The provisions of this Section 15 shall survive the payment in full of the Obligations and the release of this Mortgage as to events occurring and causes of action arising before such payment and release.

Appears in 1 contract

Samples: Echelon International Corp

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge acknowledge, and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienatedaliened, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. Mortgagor, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including without limitation such rights and remedies available to Mortgagee pursuant to this Section 20paragraph 16.

Appears in 1 contract

Samples: Trademark Security Agreement (Aqua Care Systems Inc /De/)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagesmortgages or deeds of trust, as applicable, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender or Trustee shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender and Trustee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender and Trustee , or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this Mortgage. MortgagorSecurity Instrument and, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights provided for interests granted pursuant to this Security 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; provided, however, that Lender shall not exercise such power of attorney unless and until Borrower fails to take the required action within the five (5) Business Day time period stated above unless the failure to so exercise, could, in Section 19 Lender’s reasonable judgment, result in a Material Adverse Effect. Upon (a) 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, (b) receipt of an indemnity of Lender related to losses resulting solely from the issuance of a replacement note or other applicable Loan Document and this Section 20(c) 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 1 contract

Samples: Pebblebrook Hotel Trust

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and ----------------- without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienatedaliened, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. Mortgagor, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including without limitation such rights and remedies available to Mortgagee pursuant to this Section 20paragraph 18.

Appears in 1 contract

Samples: Afc Enterprises Inc

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and acknowlxxxx xxx deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. Mortgagor, on demand, will execute and deliver and, Mortgagor hereby authorizes herxxx xxxxxrizes Mortgagee to execute in the name of Mortgagor Mxxxxxxxx or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the rights provided for in Section 19 and this Section 2015.

Appears in 1 contract

Samples: Kranzco Realty Trust

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienatedaliened, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. Mortgagor, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including without limitation such rights and remedies available to Mortgagee pursuant to this Section 20paragraph 17.

Appears in 1 contract

Samples: elstico.com

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagesmortgages or deeds of trust, as applicable, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this Mortgage. MortgagorSecurity Instrument and, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights provided for interests granted pursuant to this Security 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 (a) 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, (b) receipt of an indemnity from Lender related to losses resulting solely from the issuance of a replacement note or other applicable Loan Document and (c) in Section 19 the case of any such mutilation, upon surrender and this Section 20cancellation 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 1 contract

Samples: Behringer Harvard Reit I Inc

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagesmortgages or deeds of trust, as applicable, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender or Trustee shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender and Trustee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this Mortgage. MortgagorSecurity Instrument and, on within five (5) Business Days of written demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights provided interests granted pursuant to this Security 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; provided, however, that Lender shall not exercise such power of attorney unless and until Borrower fails to take the required action within the five (5) Business Day time period stated above unless the failure to so exercise, could, in Lender’s reasonable judgment, result in a Material Adverse Effect. Upon (a) 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, (b) receipt of an indemnity of Lender related to losses resulting solely from the issuance of a replacement note or other applicable Loan Document or any claims for losses resulting from a claim by a party in Section 19 possession of a note previously deemed lost and this Section 20(c) 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 1 contract

Samples: Grubb & Ellis Co

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagesmortgages or deeds of trust, as applicable, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this Mortgage. MortgagorSecurity Instrument and, on within five (5) Business Days ofwritten demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights provided for interests granted pursuant to this Security 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; provided, however, that Lender shall not exercise such power of attorney unless and until Borrower fails to take the required action within the five (5) Business Day time period stated above unless the failure to so exercise, could, in Section 19 Lender's reasonable judgment, result in a Material Adverse Effect. Upon (a) 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, (b) receipt of an indemnity of Lender related to losses resulting solely from the issuance of a replacement note or other applicable Loan Document and this Section 20(c) 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 1 contract

Samples: Loan and Security Agreement (Etre Reit, LLC)

Further Acts, etc. Mortgagor will, at the sole cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, transferring and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienatedaliened, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. MortgagorMortgage and, on demand, will execute and deliver andwithin five (5) business days after request of Mortgagee, and if Mortgagor fails to so deliver, hereby authorizes Mortgagee thereafter to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other Loan No. 6518217 comparable security instruments, to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including without limitation such rights and remedies available to Mortgagee pursuant to this Section 20PARAGRAPH 30.

Appears in 1 contract

Samples: Leases and Rents and Security Agreement (Inland Western Retail Real Estate Trust Inc)

Further Acts, etc. Mortgagor will, at the cost of MortgagorXxxxxxxxx, and ------------------ without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienatedaliened, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. MortgagorXxxxxxxxx, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor Xxxxxxxxx or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including without limitation such rights and remedies available to Mortgagee pursuant to this Section 20paragraph 19.

Appears in 1 contract

Samples: Indemnity Agreement (Afc Enterprises Inc)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property Property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage, or for complying with all Legal Requirements. Mortgagor, on demand, will execute and deliver anddeliver, Mortgagor and in the event it shall fail to so execute and deliver, hereby authorizes Mortgagee Lender to execute in the name of Mortgagor to the extent Lender may lawfully do so (or in the case of financing statements, without the signature of Mortgagor to the extent Mortgagee may lawfully do soMortgagor), one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged PropertyProperty and the Collateral. Notwithstanding anything Such financing statements may describe as the collateral covered thereby “all assets of the debtor, whether now owned or hereafter acquired” or words to that effect, notwithstanding that such collateral description may be broader in scope than the contrary contained collateral described herein. Lender shall provide Mortgagor with copies of any notices and/or instruments of filings executed by Lender in accordance with the immediately preceding sentence, Mortgagor provided, that failure by Lender to provide such copies shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or affect the Relevant Documentsvalidity thereof. Mortgagor grants to Mortgagee 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 upon the occurrence and during the continuance of an Event of Default, including without limitation, such rights provided for in Section 19 and remedies available to Lender pursuant to this Section 205.2. Notwithstanding anything to the contrary in the immediately preceding sentence, Lender shall not execute any documents as attorney in fact for Mortgagor unless Mortgagor shall have failed or refused to execute the same within three (3) Business Days after receipt of Lender’s request thereof.

Appears in 1 contract

Samples: Fixture Filing and Security Agreement (BRE Select Hotels Corp)

Further Acts, etc. Mortgagor Grantor will, at the cost of MortgagorGrantor, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagesmortgages or deeds of trust, as applicable, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor Grantor may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this Mortgage. MortgagorSecurity Instrument and, on within five (5) Business Days of written demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Grantor or without the signature of Mortgagor Grantor to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Grantor grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights provided for interests granted pursuant to this Security Instrument and to effect the intent hereof, all as fully and effectually as Grantor might or could do; and Grantor hereby ratifies all that Lender shall lawfully do or cause to be done by virtue hereof; provided, however, that Lender shall not exercise such power of attorney unless and until Grantor fails to take the required action within the five (5) Business Day time period stated above unless the failure to so exercise, could, in Section 19 Lender’s reasonable judgment, result in a Material Adverse Effect. Upon (a) 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, (b) receipt of an indemnity of Lender related to losses resulting solely from the issuance of a replacement note or other applicable Loan Document and this Section 20(c) in the case of any such mutilation, upon surrender and cancellation of such Note or other applicable Loan Document, Grantor 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 1 contract

Samples: RLJ Lodging Trust

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, ----------------- and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all Applicable Laws if Borrower fails to cure promptly any violations of Applicable Laws, except that Borrower's obligations and liabilities shall not be increased in a manner inconsistent with its obligations and liabilities under this Security Instrument. MortgagorBorrower, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including without limitation such rights and remedies available to Lender pursuant to this Section 207.2.

Appears in 1 contract

Samples: Agreement (Sl Green Realty Corp)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, transferring and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmedassigned, warranted, pledged, assigned transferred and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) mortgaged or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this MortgageMortgage or for facilitating the sale and transfer of the Loan and the Loan Documents as described in Section 9.1 of the Loan Agreement. Mortgagor, on demand, will execute and deliver anddeliver, and Mortgagor hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, instruments to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained hereinUpon foreclosure, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the rights provided for in Section 19 and this Section 20.the

Appears in 1 contract

Samples: Leases and Rents and Security Agreement (Glimcher Realty Trust)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all Legal Requirements. MortgagorBorrower, on demand, will execute and deliver anddeliver, Mortgagor and in the event it shall fail to so execute and deliver, hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, statements to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including, without limitation, such rights and remedies available to Lender pursuant to this Section 20.5.2. 11 Section 5.3 Changes in Tax, Debt, Credit and Documentary Stamp Laws. (a) If any law is enacted or adopted or amended after the date of this Security Instrument which deducts the Debt from the value of the Property for the purpose of taxation or which imposes a tax, either directly or indirectly, on the Debt or Lender's interest in the Property, Borrower will pay the tax, with interest and penalties thereon, if any. If Lender is advised by counsel chosen by it that the payment of tax by Borrower would be unlawful or taxable to Lender or unenforceable or provide the basis for a defense of usury then Lender shall have the option by written notice of not less than one hundred twenty (120) days to declare the Debt immediately due and payable. (b) Borrower will not claim or demand or be entitled to any credit or credits on account of the Debt for any part of the Taxes or Other Charges assessed against the Property, or any part thereof, and no deduction shall otherwise be made or claimed from the assessed value of the Property, or any part thereof, for real estate tax purposes by reason of this Security Instrument or the Debt. If such claim, credit or deduction shall be required by law and not fully reimbursed or paid by Borrower, Lender shall have the option, by written notice of not less than one hundred twenty (120) days, to declare the Debt immediately due and payable. (c) If at any time the United States of America, any State thereof or any subdivision of any such State shall require revenue or other stamps to be affixed to the Note, this Security Instrument, or any of the other Loan Documents or impose any other tax or charge on the same, Borrower will pay for the same, with interest and penalties thereon, if any. Section 5.4

Appears in 1 contract

Samples: Security Agreement and Fixture Filing

Further Acts, etc. (a) Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this MortgageMortgage or for facilitating the sale of the Loan and the Loan Documents as described in Subsection 19(b) below. Mortgagor, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Mortgagor will, at the cost of Mortgagor and without expense to Mortgagee, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or operation of the Relevant DocumentsMortgaged Property. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of perfecting and, after the occurrence and during the continuance of an Event of Default, exercising the any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including, without limitation, such rights and remedies available to Mortgagee pursuant to this Section 20section.

Appears in 1 contract

Samples: Kranzco Realty Trust

Further Acts, etc. Mortgagor will, at the cost of MortgagorMxxxxxxxx, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. MortgagorMortgage and, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee in the event Mxxxxxxxx fails to do so to execute in the name of Mortgagor Mxxxxxxxx or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other comparable security instruments, to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights provided for in Section 19 interests granted pursuant to this Mortgage and this Section 20to effect the intent hereof, all as fully and effectually as Mortgagor might or could do; and Mortgagor hereby ratifies all that Mortgagee shall lawfully do or cause to be done by virtue hereof.

Appears in 1 contract

Samples: Motels of America Inc

Further Acts, etc. Mortgagor Each Issuer will, at the cost of Mortgagorsuch Issuer’s expense, and without expense to Mortgageethe Indenture Trustee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements UCC Financing Statements or continuation statements, transfers and assurances as Mortgagee the Indenture Trustee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the Indenture Trustee the property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffedoffset, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor such Issuer may be or may hereafter become bound to convey or assign to Mortgageethe Indenture Trustee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Indenture or for filing, registering or recording this MortgageIndenture. Mortgagor, on demand, Each Issuer will promptly execute and deliver and, Mortgagor and hereby authorizes Mortgagee the Indenture Trustee to execute in the name of Mortgagor such Issuer or without the signature of Mortgagor such Issuer to the extent Mortgagee the Indenture Trustee may lawfully do so, one or more financing statements, chattel mortgages statements or other instruments, to evidence more effectively the security interest of Mortgagee the Indenture Trustee in the Mortgaged PropertyProperties or the Loans. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, each such Issuer will, at the cost of such Issuer and without expense to the contrary contained hereinIndenture Trustee, Mortgagor shall not be obligated cooperate fully and completely to executeeffect the assignment or transfer of any license, deliverpermit, file agreement or record any additional documents which increase Mortgagor's obligations under this Mortgage other right necessary or useful to the Relevant Documentsoperation of the Properties. Mortgagor Each Issuer grants to Mortgagee the Indenture 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 the Indenture Trustee at law and in equity, including, without limitation, such rights provided for in Section 19 and remedies available to the Indenture Trustee pursuant to this Section 20Section.

Appears in 1 contract

Samples: Master Indenture (Essential Properties Realty Trust, Inc.)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagesmortgages or deeds of trust, as applicable, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender or Trustee shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender and Trustee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to behypothecated, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender and Trustee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this Mortgage. MortgagorSecurity Instrument and, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, comparable security instruments to evidence more effectively the security interest of Mortgagee in lien hereof upon the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising protecting, perfecting, preserving and realizing upon the rights provided for interests granted pursuant to this Security 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; provided, however, that Lender shall not exercise such power of attorney unless and until Borrower fails to take the required action within the five (5) Business Day time period stated above unless the failure to so exercise, could, in Section 19 Lender’s reasonable judgment, result in a Material Adverse Effect. Upon (a) 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, (b) receipt of an indemnity of Lender related to losses resulting solely from the issuance of a replacement note or other applicable Loan Document and this Section 20.(c) 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. 35

Appears in 1 contract

Samples: Pebblebrook Hotel Trust

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and ------------------ without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Agreement or for filing, registering or recording this MortgageAgreement. MortgagorBorrower, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages statements or other instruments, to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged PropertyProperties. Notwithstanding anything 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 contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage operation of or the Relevant DocumentsProperties. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including, without limitation, such rights and remedies available to Lender pursuant to this Section 20section.

Appears in 1 contract

Samples: Loan Agreement (Capital Automotive Reit)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagesdeeds of trust, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all Legal Requirements. MortgagorBorrower, on demand, will execute and deliver anddeliver, Mortgagor and in the event it shall fail to so execute and deliver, hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements (including, without limitation, initial financing statements and amendments thereto and continuation statements, chattel mortgages ) with or other instrumentswithout the signature of Borrower as authorized by applicable law, to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything Borrower also ratifies its authorization for Lender to have filed any like initial financing statements, amendments thereto and continuation statements, if filed prior to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under date of this Mortgage or the Relevant DocumentsSecurity Instrument. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including without limitation such rights and remedies available to Lender pursuant to this Section 205.2. To the extent not prohibited by applicable law, Borrower hereby ratifies all acts Lender has lawfully done in the past or shall lawfully do or cause to be done in the future by virtue of such power of attorney.

Appears in 1 contract

Samples: Electro Scientific Industries Inc

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage, or for complying with all Legal Requirements. MortgagorBorrower, on demand, will execute and deliver anddeliver, Mortgagor and in the event it shall fail to so execute and deliver, hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, statements to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee 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 following an Event of Default, including, without limitation, such rights and remedies available to Lender pursuant to this Section 5.2. Nothing contained in this Section 5.2 shall be deemed to create an obligation on the rights 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, except to the extent provided for in Section 19 and this Section 20the Loan Agreement.

Appears in 1 contract

Samples: Leases and Rents and Security Agreement (Inland American Real Estate Trust, Inc.)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all Legal Requirements. MortgagorBorrower, on demand, will execute and deliver anddeliver, Mortgagor and in the event it shall fail to so execute and deliver, hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements (including, without limitation, initial financing statements and amendments thereto and continuation statements, chattel mortgages ) with or other instrumentswithout the signature of Borrower as authorized by applicable law, to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything Borrower also ratifies its authorization for Lender to have filed any like initial financing statements, amendments thereto and continuation statements, if filed prior to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under date of this Mortgage or the Relevant DocumentsSecurity Instrument. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including without limitation such rights and remedies available to Lender pursuant to this Section 205.2. To the extent not prohibited by applicable law, Borrower hereby ratifies all acts Lender has lawfully done in the past or shall lawfully do or cause to be done in the future by virtue of such power of attorney. 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 (Glimcher Realty Trust)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, transferring and confirming unto Mortgagee Lender the property Property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all Applicable Laws. MortgagorUpon 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 Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other 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. Borrower, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee Lender in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including, without limitation, such rights and remedies available to Lender pursuant to this Section 206.1. Borrower will pay all taxes, filing, registration or recording fees, and all expenses incident to the preparation, execution, acknowledgment and/or recording of the Loan Documents, any note or mortgage supplemental hereto, any security instrument with respect to the Property and any instrument of further assurance, and any modification or amendment of the foregoing documents, and all federal, state, county and municipal taxes, duties, imposts, assessments and charges arising out of or in connection with the execution and delivery of this Security Instrument, any mortgage supplemental hereto, any security instrument with respect to the Property or any instrument of further assurance, and any modification or amendment of the foregoing documents, except where prohibited by law so to do.

Appears in 1 contract

Samples: Mortgage, Security Agreement and Fixture Filing (Excal Enterprises Inc)

Further Acts, etc. Mortgagor The Issuer will, at the cost of MortgagorIssuer’s expense, and without expense to Mortgageethe Indenture Trustee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee the Indenture Trustee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the Indenture Trustee the property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffedoffset, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor the Issuer may be or may hereafter become bound to convey or assign to Mortgageethe Indenture Trustee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Indenture or for filing, registering or recording this MortgageIndenture. Mortgagor, on demand, The Issuer will promptly execute and deliver and, Mortgagor and hereby authorizes Mortgagee the Indenture Trustee to execute in the name of Mortgagor the Issuer or without the signature of Mortgagor the Issuer to the extent Mortgagee the Indenture Trustee may lawfully do so, one or more financing statements, chattel mortgages statements or other instruments, to evidence more effectively the security interest of Mortgagee the Indenture Trustee in the Mortgaged PropertyProperties. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, the Issuer will, at the cost of the Issuer and without expense to the contrary contained hereinIndenture Trustee, Mortgagor shall not be obligated cooperate fully and completely to executeeffect the assignment or transfer of any license, deliverpermit, file agreement or record any additional documents which increase Mortgagor's obligations under this Mortgage other right necessary or useful to the Relevant Documentsoperation of the Mortgaged Properties. Mortgagor The Issuer grants to Mortgagee the Indenture 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 the Indenture Trustee at law and in equity, including, without limitation, such rights provided for in Section 19 and remedies available to the Indenture Trustee pursuant to this Section 20Section.

Appears in 1 contract

Samples: Indenture (Capital Automotive Reit)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, transferring and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmedassigned, warranted, pledged, assigned transferred and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) mortgaged or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this MortgageMortgage or for facilitating the sale and transfer of the Loan and the Loan Documents as described in Section 9.1 of the Loan Agreement. Mortgagor, on demand, will execute and deliver anddeliver, and Mortgagor hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, instruments to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Mortgagor will, at the cost of Mortgagor and without expense to Mortgagee, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or operation of the Relevant DocumentsMortgaged Property. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the rights provided for in Section 19 and this Section 20.and

Appears in 1 contract

Samples: Leases and Rents and Security Agreement (Glimcher Realty Trust)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage, or for complying with all Legal Requirements. Mortgagor, on demand, will execute and deliver anddeliver, Mortgagor and in the event it shall fail to so execute and deliver, hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, statements to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including, without limitation, perfecting and exercising such rights and remedies available to Mortgagee pursuant to this Section 205.02, provided, that, Mortgagee shall not use such power of attorney to exercise any remedy unrelated to perfecting or further securing its rights hereunder other than following the occurrence of an Event of Default and the continuance thereof.

Appears in 1 contract

Samples: WWP Office (New York REIT, Inc.)

Further Acts, etc. (a) Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this MortgageMortgage or for facilitating the sale of the Loan and the Loan Documents as described in the following subparagraph (b). Mortgagor, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Mortgagor will, at the cost of Mortgagor and without expense to Mortgagee, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or operation of the Relevant DocumentsMortgaged Property. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including, without limitation, such rights and remedies available to Mortgagee pursuant to this Section 20paragraph.

Appears in 1 contract

Samples: Security Agreement (Ridgewood Properties Inc)

Further Acts, etc. Mortgagor Subject to the Limited Conditionality Provision and the last paragraph of Section 3.1, each Borrower will, at the cost of Mortgagorsuch Borrower’s expense, and without expense to Mortgageethe Collateral Agent or Administrative Agent, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements UCC Financing Statements or continuation statements, or financing change statements, transfers and assurances as Mortgagee the Administrative Agent shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the Administrative Agent or the Collateral Agent, as applicable, the property and rights hereby deeded, mortgaged, given, granted, bargained, sold, alienated, enfeoffedoffset, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor such Borrower may be or may hereafter become bound to convey or assign to Mortgageethe Collateral Agent or Administrative Agent, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Agreement or for filing, registering or recording this MortgageAgreement. Mortgagor, on demand, Each Borrower will promptly execute and deliver and, Mortgagor and hereby authorizes Mortgagee the Administrative Agent to execute in the name of Mortgagor such Borrower or without the signature of Mortgagor such Borrower to the extent Mortgagee the Administrative Agent may lawfully do so, one or more financing statements, chattel mortgages UCC Financing Statements or other instruments, to evidence more effectively the security interest of Mortgagee the Administrative Agent (for the benefit of the Secured Parties) in the Mortgaged PropertyCollateral. Notwithstanding anything Each Borrower hereby authorizes the Administrative Agent and its counsel to file any financing or continuation statements and amendments thereto, in all jurisdictions and with all filing offices as the Administrative Agent may reasonably determine are necessary to perfect the security interest granted by this Agreement. Such financing statements may describe the collateral in the same manner as described in this Agreement or may contain an indication or description of collateral that describes such property as “all assets now existing or hereafter acquired” or “all personal property now existing or hereafter acquired” or words of similar meaning. Upon foreclosure, the appointment of a receiver or any other relevant action, each such Borrower will, at the cost of such Borrower and without expense to the contrary contained hereinCollateral Agent or Administrative Agent, Mortgagor shall not be obligated cooperate fully and completely to executeeffect the assignment or transfer of any license, deliverpermit, file agreement or record any additional documents which increase Mortgagor's obligations under this Mortgage other right necessary or useful to the Relevant Documentsoperation of the Financed Properties. Mortgagor Each Borrower grants to Mortgagee the 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 the Administrative Agent at law and in equity, including, without limitation, such rights provided for in Section 19 and remedies available to the Administrative Agent pursuant to this Section 205.12.

Appears in 1 contract

Samples: Credit Agreement (STORE CAPITAL Corp)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, transferring and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmedassigned, warranted, pledged, assigned transferred and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) mortgaged or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this MortgageMortgage or for facilitating the sale and transfer of the Loan and the Loan Documents as described in Section 9.1 of the Loan Agreement. Mortgagor, on demand, will execute and deliver anddeliver, and Mortgagor hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, instruments to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to Upon foreclosure, the contrary contained hereinappointment of a receiver or any other relevant action, Mortgagor shall not be obligated will, at the cost of Mortgagor and without expense to executeMortgagee, delivercooperate fully and completely to effect the assignment or transfer of any license, file permit, agreement or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the rights provided for in Section 19 and this Section 20.other right necessary or

Appears in 1 contract

Samples: Leases and Rents and Security Agreement (Glimcher Realty Trust)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and ----------------- without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienatedaliened, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. Mortgagor, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including without limitation such rights and remedies available to Mortgagee pursuant to this Section 20paragraph 17.

Appears in 1 contract

Samples: Afc Enterprises Inc

Further Acts, etc. (a) Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffedinfeft, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this MortgageMortgage or for facilitating the sale of the Loan and the Loan Documents as described in Subsection 19(b) below. Mortgagor, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Mortgagor will, at the cost of Mortgagor and without expense to Mortgagee, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or operation of the Relevant DocumentsMortgaged Property. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including, without limitation, such rights and remedies available to Mortgagee pursuant to this Section 20section.

Appears in 1 contract

Samples: Ramco Gershenson Properties Trust

Further Acts, etc. (a) Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements statements, financing statement amendments or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this MortgageMortgage or for facilitating the sale of the Loan and the Loan Documents as described in Paragraph 19(b) below. Mortgagor, on demand, will execute and deliver and, Mortgagor hereby authorizes Mortgagee to execute in the name of Mortgagor file or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, record one or more complete financing statements, chattel mortgages continuations or other instrumentsamendments pursuant to the Uniform Commercial Code covering the Collateral, and Mortgagor will pay the cost (or reimburse Mortgagee for any such cost) of filing or recording the same in all public offices whenever and wherever such filing or recording is reasonably deemed necessary or advisable by Mortgagee to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything Upon foreclosure, the appointment of a receiver or any other relevant action, Mortgagor will, at the reasonable cost of Mortgagor and without expense to Mortgagee, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or operation of the Relevant DocumentsMortgaged Property. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including, without limitation, such rights and remedies available to Mortgagee pursuant to this Section 20Paragraph.

Appears in 1 contract

Samples: Security Agreement and Fixture (American Realty Capital Healthcare Trust Inc)

Further Acts, etc. Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statements, transfers and assurances as Mortgagee shall, from time to time, reasonably require, require for the better assuring, conveying, assigning, transferring, transferring and confirming unto Mortgagee the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to Mortgagee, or for carrying out the intention intent of or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage. Mortgagor, on demand, will execute and deliver and, Mortgagor and hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, to evidence or perfect more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Mortgagee under the Note, this Mortgage, the other Credit Facility Documents, at law or in equity, including without limitation the rights provided for and remedies described in Section 19 and this Section 20paragraph.

Appears in 1 contract

Samples: Mortgage, Security Agreement and Assignment of Leases And (Mack Cali Realty Corp)

Further Acts, etc. Mortgagor will, at the reasonable cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign to MortgageeMortgagee pursuant to the terms of this Mortgage or any other Loan Document, or for carrying out the intention or facilitating the performance of the terms of this Mortgage or for filing, registering or recording this Mortgage; provided that in no event shall Mortgagor be required to execute, acknowledge or deliver any act, deed, conveyance, deed of trust, mortgage, assignment, notice of assignment, transfer or assurance that materially increases Mortgagor’s obligations or materially reduces Mortgagor’s rights under the Loan Documents except those in confirmation of the Loan Documents. Mortgagor, on demand, will execute and deliver anddeliver, Mortgagor and in the event it shall fail to so execute and deliver, hereby authorizes Mortgagee to execute in the name of Mortgagor or without the signature of Mortgagor to the extent Mortgagee may lawfully do so, one or more financing statements, chattel mortgages or other instruments, statements to evidence more effectively the security interest of Mortgagee in the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Documents. Mortgagor grants to Mortgagee an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting upon the occurrence and during the continuance of an Event of Default any and all rights provided for and remedies available to Mortgagee at law and in Section 19 equity, including, without limitation, such rights and remedies available to Mortgagee pursuant to this Section 205.02.

Appears in 1 contract

Samples: And Security Agreement (Alexanders Inc)

Further Acts, etc. Mortgagor Borrower will, at the cost of MortgagorBorrower, and without expense to MortgageeLender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignment, Uniform Commercial Code financing statements or continuation statementsassignments, transfers and assurances as Mortgagee Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Mortgagee Lender the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, warranted, pledged, assigned assigned, warranted and hypothecated (including, without limitation, the assignment of leases and rents contained in Section 8 hereof) transferred or intended now or hereafter so to be, or which Mortgagor Borrower may be or may hereafter become bound to convey or assign to MortgageeLender, or for carrying out the intention or facilitating the performance of the terms of this Mortgage Security Instrument or for filing, registering or recording this MortgageSecurity Instrument, or for complying with all Legal Requirements. MortgagorBorrower, on demand, will execute and deliver anddeliver, Mortgagor and in the event it shall fail to so execute and deliver, hereby authorizes Mortgagee Lender to execute in the name of Mortgagor Borrower or without the signature of Mortgagor Borrower to the extent Mortgagee Lender may lawfully do so, one or more financing statements (including, without limitation, initial financing statements and amendments thereto and continuation statements) with or without the signature of Borrower as authorized by applicable law, chattel mortgages as Lender in its sole discretion may reasonably deem necessary or other instruments, appropriate to evidence more effectively maintain the perfection of the security interest of Mortgagee in interests granted by the Mortgaged Property. Notwithstanding anything to the contrary contained herein, Mortgagor shall not be obligated to execute, deliver, file or record any additional documents which increase Mortgagor's obligations under this Mortgage or the Relevant Loan Documents. Mortgagor Lender shall provide Borrower with copies of any notices and/or instruments of filings executed by Lender in accordance with the immediately preceding sentence. Borrower grants to Mortgagee Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising the and perfecting any and all rights provided for and remedies available to Lender at law and in Section 19 equity, including without limitation such rights and remedies available to Lender pursuant to this Section 205.2. To the extent not prohibited by applicable law, Borrower hereby ratifies all acts Lender shall lawfully do or cause to be done in the future by virtue of such power of attorney.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Morgans Hotel Group Co.)

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