Common use of TO HAVE AND TO HOLD Clause in Contracts

TO HAVE AND TO HOLD. the Trust Property unto Trustee, its successors and assigns forever, for the benefit of Beneficiary, its successors and assigns, and Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND the title to the Real Property (and such other portion of the Trust Property as may constitute real property under applicable law), subject to the Permitted Encumbrances (as hereinafter defined), to Beneficiary and Trustee against every person whomsoever lawfully claiming or to claim the same or any part thereof; PROVIDED, HOWEVER, that if the principal and interest and all other sums due or to become due under the Note or under the other Loan Documents, including, without limitation, any prepayment fees required pursuant to the terms of the Note, shall have been paid at the time and in the manner stipulated therein and the Debt shall have been paid and all other covenants contained in the Loan Documents shall have been performed, then, in such case, the liens, security interests, estates and rights granted by this Deed of Trust shall be satisfied and the estate, right, title and interest of Beneficiary in the Trust Property shall cease, and upon payment to Beneficiary of all costs and expenses incurred for the preparation of the release hereinafter referenced and all recording costs if allowed by law, Beneficiary shall promptly satisfy and release this Deed of Trust of record and the lien hereof by proper instrument.

TO HAVE AND TO HOLD. the Trust Property Mortgaged Premises and the properties, rights and privileges hereby granted, bargained, sold, conveyed, mortgaged, warranted, pledged and assigned, and in which a security interest is granted, or intended so to be, unto Trustee, its successors and assigns assigns, forever. IN TRUST NEVERTHELESS, upon the terms and trust herein set forth, for the benefit equal and proportionate benefit, security and protection of Beneficiary, its successors all present and assigns, and Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND the title to the Real Property (and such other portion future holders of the Trust Property as may constitute real property under applicable law)indebtedness hereby secured; provided, subject to the Permitted Encumbrances (as hereinafter defined), to Beneficiary and Trustee against every person whomsoever lawfully claiming or to claim the same or any part thereof; PROVIDED, HOWEVERhowever, that this instrument is upon the express condition that if either (i) the principal and interest and all other sums due or to become due under the Note or under the other Loan Documents, including, without limitation, any prepayment fees required pursuant to the terms provisions of Section 7.26(c) of the NoteCredit Agreement are satisfied, shall have been paid at or (ii) all of the time and in the manner stipulated therein and the Debt indebtedness hereby secured shall have been paid and performed in full (including all other covenants contained sums payable under or according to the provisions of the Applications), all L/C's issued pursuant to the Applications shall have expired and any commitment in the Loan Documents Credit Agreement to advance funds shall have been performedterminated, thenthen this instrument and the estate and rights hereby granted shall cease, in such casedetermine and be void and upon the written request and at the expense of Grantor, the liens, security interests, estates and rights granted by Beneficiary shall request Trustee to release this Deed of Trust shall be satisfied and Trust, the estate, right, title and interest of Beneficiary in the Trust Property shall cease, and upon payment Trustee to Beneficiary of all costs and expenses incurred for the preparation of the release hereinafter referenced and all recording costs if allowed by law, Beneficiary shall promptly satisfy and then release this Deed of Trust without further inquiry or liability; otherwise this Deed of record Trust is to remain in full force and the lien hereof by proper instrument.effect. Grantor hereby covenants and agrees with Trustee and Beneficiary as follows:

TO HAVE AND TO HOLD. the Trust Mortgaged Property unto Trustee, its successors under and assigns foreversubject to the terms and conditions set forth herein, for the benefit and security of Beneficiaryall Secured Obligations and of all and singular the present and future holders thereof and to secure the payment and performance of the Secured Obligations, ratably and without any preference, distinction or priority as to lien or otherwise of any such Secured Obligations over any other Secured Obligation by reason of the difference in time of the actual making, issue, delivery, incurrence or sale of the respective Secured Obligations or for any other reason whatsoever, except as herein otherwise expressly provided or referred to, and so that each and every Secured Obligation, whether outstanding on the date of this Mortgage or hereafter issued and delivered or incurred shall have the same lien and security, and so that each and every such Secured Obligation shall be equally and proportionately secured hereby as if it had been made, issued, delivered and incurred simultaneously with the execution and delivery of this Mortgage. PROVIDED, HOWEVER, these grants are upon the condition that, unless and until an Event of Default has occurred and is continuing, neither Lender nor its successors or assigns shall disturb Mortgagor’s possession and assigns, and Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND the title to the Real Property (and such other portion use of the Trust Property as may constitute real Aircraft, Engines, Parts or other property under applicable law)constituting all or part of the Mortgaged Property, subject to the Permitted Encumbrances (as hereinafter defined)further covenants, to Beneficiary conditions, uses and Trustee against every person whomsoever lawfully claiming or to claim the same or any part thereof; PROVIDED, HOWEVER, that if the principal and interest and all other sums due or to become due under the Note or under the other Loan Documents, including, without limitation, any prepayment fees required pursuant to the terms of the Note, shall have been paid at the time and in the manner stipulated therein and the Debt shall have been paid and all other covenants contained in the Loan Documents shall have been performed, then, in such case, the liens, security interests, estates and rights granted by this Deed of Trust shall be satisfied and the estate, right, title and interest of Beneficiary in the Trust Property shall ceasetrusts, and upon payment except as specifically set forth herein; and IT IS HEREBY COVENANTED AND AGREED by and between the parties hereto that the Mortgaged Property is to Beneficiary of all costs be held and expenses incurred for applied on the preparation of the release hereinafter referenced further covenants, conditions, uses and all recording costs if allowed by law, Beneficiary shall promptly satisfy and release this Deed of Trust of record and the lien hereof by proper instrument.trusts set forth herein:

TO HAVE AND TO HOLD. the Trust Mortgaged Property unto TrusteeMortgagee, its successors and assigns forever, for the benefit of Beneficiary, its successors and assigns, and Grantor Mortgagor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND the title to the Real Property (and such other portion of the Trust Property as may constitute real property under applicable law)Mortgaged Property, subject to the Permitted Encumbrances (as hereinafter defined), to Beneficiary and Trustee Mortgagee against every person whomsoever lawfully claiming or to claim the same or any part thereof; PROVIDED, HOWEVER, that if the principal and interest and all other sums due or to become due under the Note or under the other Loan Documents, including, without limitation, any prepayment fees required pursuant to the terms of the Note, shall have been paid at the time and in the manner stipulated therein and the Debt shall have been paid and all other covenants contained in the Loan Documents shall have been performed, then, in such case, the liens, security interests, estates and rights granted by this Deed of Trust Mortgage shall be satisfied and the estate, right, title and interest of Beneficiary Mortgagee in the Trust Mortgaged Property shall cease, and upon payment to Beneficiary Mortgagee of all costs and expenses incurred for the preparation of the release hereinafter referenced and all recording costs if allowed by law, Beneficiary Mortgagee shall promptly satisfy and release this Deed of Trust Mortgage of record and the lien hereof by proper instrument.

TO HAVE AND TO HOLD. the Trust Property Mortgaged Premises and the properties, rights and privileges hereby granted, bargained, sold, conveyed, mortgaged, warranted, pledged and assigned, and in which a security interest is granted, or intended so to be, unto Trustee, its successors and assigns assigns, forever. IN TRUST NEVERTHELESS, upon the terms and trust herein set forth, for the benefit equal and proportionate benefit, security and protection of Beneficiary, its successors all present and assigns, and Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND the title to the Real Property (and such other portion future holders of the Trust Property as may constitute real property under applicable law)indebtedness hereby secured; provided, subject to the Permitted Encumbrances (as hereinafter defined), to Beneficiary and Trustee against every person whomsoever lawfully claiming or to claim the same or any part thereof; PROVIDED, HOWEVERhowever, that this instrument is upon the express condition that if the principal and interest and all other sums due or to become due under the Note or under the other Loan Documents, including, without limitation, any prepayment fees required pursuant to the terms of the Note, shall have been paid at the time and in the manner stipulated therein and the Debt indebtedness hereby secured shall have been paid and performed in full (including all other covenants contained sums payable under or according to the provisions of the Applications), all L/C's issued pursuant to the Applications shall have expired and any commitment in the Loan Documents Credit Agreement to advance funds shall have been performedterminated, thenthen this instrument and the estate and rights hereby granted shall cease, in such casedetermine and be void and upon the written request and at the expense of Grantor, the liens, security interests, estates and rights granted by Beneficiary shall request Trustee to release this Deed of Trust shall be satisfied and Trust, the estate, right, title and interest of Beneficiary in the Trust Property shall cease, and upon payment Trustee to Beneficiary of all costs and expenses incurred for the preparation of the release hereinafter referenced and all recording costs if allowed by law, Beneficiary shall promptly satisfy and then release this Deed of Trust without further inquiry or liability; otherwise this Deed of record Trust is to remain in full force and effect. This Deed of Trust is given on the lien hereof by proper instrument.express condition that in no event will this Deed of Trust secure any indebtedness, obligation and liabilities of the Borrower or the Guarantors relating to the principal of and interest on the B Loans. Grantor hereby covenants and agrees with Trustee and Beneficiary as follows:

TO HAVE AND TO HOLD. the Trust Property Mortgaged Premises and the properties, rights and privileges hereby granted, bargained, sold, conveyed, mortgaged, warranted, pledged and assigned, and in which a security interest is granted, or intended so to be, unto Trustee, its successors and assigns assigns, forever. IN TRUST NEVERTHELESS, upon the terms and trust herein set forth, for the benefit equal and proportionate benefit, security and protection of Beneficiary, its successors all present and assigns, and Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND the title to the Real Property (and such other portion future holders of the Trust Property as may constitute real property under applicable law)indebtedness hereby secured; provided, subject to the Permitted Encumbrances (as hereinafter defined), to Beneficiary and Trustee against every person whomsoever lawfully claiming or to claim the same or any part thereof; PROVIDED, HOWEVERhowever, that this instrument is upon the express condition that if the principal and interest and all other sums due or to become due under the Note or under the other Loan Documents, including, without limitation, any prepayment fees required pursuant to the terms of the Note, shall have been paid at the time and in the manner stipulated therein and the Debt indebtedness hereby secured shall have been paid and all other covenants contained performed in full and any commitment in the Loan Documents Credit Agreement to advance B Loans shall have been performedterminated, thenthen this instrument and the estate and rights hereby granted shall cease, in such casedetermine and be void and upon the written request and at the expense of Grantor, the liens, security interests, estates and rights granted by Beneficiary shall request Trustee to release this Deed of Trust shall be satisfied and Trust, the estate, right, title and interest of Beneficiary in the Trust Property shall cease, and upon payment Trustee to Beneficiary of all costs and expenses incurred for the preparation of the release hereinafter referenced and all recording costs if allowed by law, Beneficiary shall promptly satisfy and then release this Deed of Trust without further inquiry or liability; otherwise this Deed of record Trust is to remain in full force and effect. This Deed of Trust is given on the express condition that in no event will this Deed of Trust secure any indebtedness, obligation and liabilities of the Borrower or the Guarantors other than with respect to the principal of and interest on the B Loans, and in particular this Deed of Trust will not secure the A Loans or any sums owing in respect of L/Cs issued pursuant to the Credit Agreement and the lien hereof by proper instrument.Applications. Grantor hereby covenants and agrees with Trustee and Beneficiary as follows:

TO HAVE AND TO HOLD. the Trust Property unto Trustee, its successors and assigns forever, for the benefit of Beneficiary, its successors and assigns, and Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND the title to the Real Property (and such other portion of the Trust Property as may constitute real property under applicable law), subject to the Permitted Encumbrances (as hereinafter defined), to Beneficiary and unto Trustee against every person whomsoever lawfully claiming or to claim the same or any part thereofthereof for the purposes and uses herein set forth; PROVIDED, HOWEVER, that if the principal and interest and all other sums due or to become due under the Note or under the other Loan DocumentsNote, including, without limitation, any prepayment fees required pursuant to the terms of the Note, shall have been paid at the time and in the manner stipulated therein and the Debt all other sums payable hereunder and all other indebtedness secured hereby shall have been paid and all other covenants contained in the Loan Documents shall have been performed, then, in such case, the liens, security interests, estates and rights granted by this Deed of Trust shall be satisfied and the estate, right, title and interest of Beneficiary in the Trust Property shall cease, and upon payment to Beneficiary of all costs and expenses incurred for the preparation of the release hereinafter referenced and all recording costs if allowed by law, Beneficiary shall promptly satisfy and release this Deed of Trust of record and the lien hereof by proper instrument.

TO HAVE AND TO HOLD. the Trust above granted and described Property unto Trustee, its successors and assigns forever, for to the use and benefit of Beneficiary, Lender and its successors and assigns, and Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND the title to the Real Property (and such other portion of the Trust Property as may constitute real property under applicable law), subject to the Permitted Encumbrances (as hereinafter defined), to Beneficiary and Trustee against every person whomsoever lawfully claiming or to claim the same or any part thereofforever; PROVIDED, HOWEVER, that these presents are upon the express condition that, if Borrower shall pay to Lender the principal and interest and all other sums due or to become due under the Note or under the other Loan Documents, including, without limitation, any prepayment fees required pursuant to the terms of the Note, shall have been paid Debt at the time and in the manner stipulated therein provided in the Note, the Loan Agreement and this Security Instrument, shall perform the Other Obligations as set forth in this Security Instrument and shall abide by and comply with each and every covenant and condition set forth herein and in the Note, the Loan Agreement and the Debt shall have been paid and all other covenants contained Loan Documents, or upon the consummation of a Defeasance Event in accordance with the Loan Documents shall have been performedAgreement, then, in such case, the liens, security interests, estates and rights granted by this Deed of Trust shall be satisfied these presents and the estate, right, title and interest of Beneficiary in the Trust Property estate hereby granted shall cease, terminate and upon be void; provided, however, that Borrower’s obligation to indemnify and hold harmless Lender pursuant to the provisions hereof shall survive any such payment or release to Beneficiary of all costs the extent provided herein and expenses incurred in the other Loan Documents. Lender shall execute and deliver for the preparation recording any documentation reasonably requested by Borrower to evidence such termination (including, without limitation, a recordable mortgage satisfaction or any other documentation reasonably required by a title company). If Borrower shall arrange a repayment or purchase of the release hereinafter referenced and all recording costs if allowed entire Debt by lawa third party, Beneficiary shall promptly satisfy and release this Deed of Trust of record at Borrower’s request and the lien hereof Borrower’s sole cost and expense, Lender shall assign the Note, this Security Instrument and any other Loan Documents (to the extent requested by proper instrumentBorrower) to such third party, without recourse, representation or warranty (except that (i) Lender owns the Note, and (ii) Lender has not encumbered the Note, except for liens to be discharged concurrently with such assignment).

TO HAVE AND TO HOLD. the Trust Mortgaged Property unto the Trustee, its successors and assigns foreverheirs, for the benefit of Beneficiary, its successors and assigns, in fee simple forever, upon the trusts, terms and conditions and for the uses and purposes hereinafter set out; And the Grantor does hereby bind itselfcovenants with the Trustee that the Grantor is lawfully seized of the Mortgaged Property in fee simple and has the right to convey the same in fee simple; that, its successors except for Permitted Encumbrances (as defined in Exhibit “B” attached hereto and assignsincorporated herein by reference), to WARRANT AND FOREVER DEFEND the same are free and clear of all encumbrances, and that the Grantor will warrant and defend the title to the Real Property (and such other portion same against the claims of all persons whomsoever arising by, under or through the Trust Property as may constitute real property under applicable law), subject to the Permitted Encumbrances (as hereinafter defined), to Beneficiary and Trustee against every person whomsoever lawfully claiming or to claim the same or any part thereof; PROVIDED, HOWEVERGrantor. THIS CONVEYANCE IS MADE UPON THIS SPECIAL TRUST, that if the principal and interest and all other sums due or to become due under Grantor shall pay the Note or under the other Loan Documents, including, without limitation, any prepayment fees required pursuant to Indebtedness in accordance with the terms of the NoteContract, together with interest thereon, and any renewals or extensions thereof in whole or in part, and shall have been paid at comply with all the time covenants, terms and in the manner stipulated therein and the Debt shall have been paid and all other covenants contained in the Loan Documents shall have been performed, then, in such case, the liens, security interests, estates and rights granted by conditions of this Deed of Trust Trust, then this conveyance shall be satisfied null and void and may be canceled of record at the estate, right, title request and interest of Beneficiary in at the Trust Property shall cease, and upon payment to Beneficiary of all costs and expenses incurred for the preparation cost of the release hereinafter referenced Grantor. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, the Grantor hereby further covenants and all recording costs if allowed by law, Beneficiary shall promptly satisfy and release this Deed of Trust of record and the lien hereof by proper instrument.agrees as follows:

TO HAVE AND TO HOLD. the Trust Mortgaged Property unto TrusteeMortgagee, its successors and assigns forever, for the benefit of Beneficiary, its successors and assigns, and Grantor Mortgagor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND the title to the Real Property (and such other portion of the Trust Property as may constitute real property under applicable law)Mortgaged Property, subject to the Permitted Encumbrances (as hereinafter defined), to Beneficiary and Trustee Mortgagee against every person whomsoever lawfully claiming or to claim the same or any part thereof; PROVIDED, HOWEVER, that if the principal and interest and all other sums due or to become due under the Note or under the other Loan Documents, including, without limitation, any prepayment fees required pursuant to the terms of the Note, shall have been paid at the time and in the manner stipulated therein and the Debt shall have been paid and all other covenants contained in the Loan Documents shall have been performed, then, in such case, the liens, security interests, estates and rights granted by this Deed of Trust Mortgage shall be satisfied and the estate, right, title and interest of Beneficiary Mortgagee in the Trust Mortgaged Property shall cease, and upon payment to Beneficiary Mortgagee of all reasonable and necessary costs and expenses incurred for the preparation of the release hereinafter referenced and all recording costs if allowed by law, Beneficiary Mortgagee shall promptly satisfy and release this Deed of Trust Mortgage and all other recorded or filed Loan Documents of record and the lien lien, security interest, operation and effect hereof by proper instrument.

TO HAVE AND TO HOLD. the Trust Property unto TrusteeMortgagee, its successors and assigns forever, for the benefit of Beneficiary, its successors purposes and assigns, and Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND the title to the Real Property (and such other portion of the Trust Property as may constitute real property under applicable law), subject to the Permitted Encumbrances (as hereinafter defined), to Beneficiary and Trustee against every person whomsoever lawfully claiming or to claim the same or any part thereof; uses herein set forth. PROVIDED, HOWEVER, that if the principal and interest and all other sums due or to become due under the Note or under the other Loan DocumentsNote, including, without limitation, any prepayment fees required pursuant to the terms of the Note, shall have been paid at the time and in the manner stipulated therein and the Debt all other sums payable hereunder and all other indebtedness secured hereby shall have been paid and all other covenants contained in the Loan Documents shall have been performed, then, in such case, the liens, security interests, estates and rights granted by this Deed of Trust Mortgage shall be satisfied and the estate, right, title and interest of Beneficiary Mortgagee in the Trust Property shall cease, and upon payment to Beneficiary Mortgagee of all costs and expenses incurred for the preparation of the release hereinafter referenced and all recording costs if allowed by law, Beneficiary Mortgagee shall promptly satisfy and release this Deed of Trust of record Mortgage and the lien hereof by proper instrument. AND, PROVIDED, FURTHER, that this Mortgage and the security interests created hereby shall be subject and subordinate to the Ground Lease (as hereinafter defined) and the rights of the ground lessee thereunder.

TO HAVE AND TO HOLD. the Trust Property unto Trustee, its successors and assigns forever, for the benefit of Beneficiary, its successors and assigns, and Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND the title to the Real Property (and such other portion of the Trust Property as may constitute real property under applicable law), subject to the Permitted Encumbrances (as hereinafter defined), to Beneficiary and Trustee against every person whomsoever lawfully claiming or to claim the same or any part thereof; PROVIDED, HOWEVER, that if the principal and interest and all other sums due or to become due under the Note or under the other Loan Documents, including, without limitation, any prepayment fees required pursuant to the terms of the Note, shall have been paid at the time and in the manner stipulated therein and the Debt shall have been paid and all other covenants contained in the Loan Documents shall have been performed, then, in such case, the liens, security interests, estates and rights granted by this Deed of Trust shall be satisfied and the estate, right, title and interest of Beneficiary in the Trust Property shall cease, and upon payment to Beneficiary of all costs and expenses incurred for the preparation of the release hereinafter referenced and all recording costs if allowed by law, Beneficiary shall promptly satisfy and release cause this Deed of Trust to be released and reconveyed of record and the lien hereof by proper instrument.

TO HAVE AND TO HOLD. the Mortgaged Property with all privileges and appurtenances thereunto belonging, to the Deed of Trust Property unto Trustee, its ____ successors and assigns forever, upon the trusts, terms and conditions and for the benefit purposes set out below, in fee simple in trust; SUBJECT, HOWEVER, to the encumbrances described in Exhibit C (the "Existing Encumbrances"); BUT THIS CONVEYANCE IS MADE UPON THIS SPECIAL TRUST: if the Town pays its “Obligations,” as defined below, in full in accordance with the Financing Contract and this Deed of BeneficiaryTrust, its and the Town complies with all of the terms, covenants and conditions of the Financing Contract and this Deed of Trust, this conveyance will be null and void and will be canceled of record at the Town's request and cost, and title will revest as provided by law; BUT IF, HOWEVER, THERE OCCURS AN EVENT OF DEFAULT UNDER THE FINANCING CONTRACT, then the Corporation will have the remedies provided for in this Deed of Trust, including directing the Deed of Trust Trustee to sell the Mortgaged Property under power of sale. THE TOWN COVENANTS AND AGREES with the Deed of Trust Trustee and the Corporation (and their respective heirs, successors and assigns), and Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND the title to the Real Property (and such other portion in consideration of the Trust Property foregoing, as may constitute real property under applicable law), subject to the Permitted Encumbrances (as hereinafter defined), to Beneficiary and Trustee against every person whomsoever lawfully claiming or to claim the same or any part thereof; PROVIDED, HOWEVER, that if the principal and interest and all other sums due or to become due under the Note or under the other Loan Documents, including, without limitation, any prepayment fees required pursuant to the terms of the Note, shall have been paid at the time and in the manner stipulated therein and the Debt shall have been paid and all other covenants contained in the Loan Documents shall have been performed, then, in such case, the liens, security interests, estates and rights granted by this Deed of Trust shall be satisfied and the estate, right, title and interest of Beneficiary in the Trust Property shall cease, and upon payment to Beneficiary of all costs and expenses incurred for the preparation of the release hereinafter referenced and all recording costs if allowed by law, Beneficiary shall promptly satisfy and release this Deed of Trust of record and the lien hereof by proper instrument.follows: