201201420 - Laserfiche WebLink

Browse

�012014�� (All of the foregoing property and rights and interests now owned or held or subsequently acquired by Grantor and described in the foregoing clauses (a) through (d) are collectively referred to as the "Premises", and those described in the foregoing clauses (a) through (1) are collectively referred to as the "Mortgaged Property"). TO HAVE AND TO HOLD, the Mortgaged Property and the rights and privileges hereby mortgaged unto Benefciary, its successors and assigns for the uses and purposes set forth herein and in the Credit Agreements, WITH POWER OF 5ALE AND RIGHT OF ENTRY AND POSSE5SION AS FURTHER DESCRIBED HEREIN, forever, and Grantor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND the title to the Mortgaged Property unto Beneficiary against every Person whomever lawfully claiming or to claim the same or any part thereof, until the Lender Obligations are fully paid and performed. TO HAVE AND TO HOLD the same, together with all and singular the privileges and appurtenances thereunto belonging: In trust nevertheless, that in case of default in the payment pursuant to the Credit Agreements, or any part thereof; or in the payment of the interest thereon or other amounts due thereunder, according to the tenor and effect of said Credit Agreements, or in the payment of any prior encumbrances, principal or interest, if any, or in case default shall be made in or in case of violation or breach of any of the terms, conditions, covenants of agreements herein contained the Beneficiary hereunder or the legal holder of the indebtedness secured hereby may declare a violation of any of the covenants here contained and may elect to advertise said Mortgaged Property for sale, and demand such sale by filing a notice of election and demand for sale with the Public Trustee according to the provisions of Section 14(b) of this instrument. This Deed of Trust covers present and future advances and re-advances, in the aggregate amount of the Lender Obligations made by the Lenders for the benefit of Grantor and ICE, and the lien of such future advances and re-advances shall relate back to the date of this Deed of Tntst. Terms and Conditions Grantor further represents, warrants, covenants and agrees with and for the benefit of Beneficiary and the Lenders as follows: 1. Warranty of Title. Grantor warrants that it has good record title in fee simple the Real Estate, and good title to the rest of the Mortgaged Property, subject only to the liens and security interests described in Schedule 5.13 of each Credit Agreement ("Permitted Liens") and any matters which would be revealed by an accurate survey of the Mortgaged Property. Grantor shall warrant, defend and preserve such title and the lien of this Deed of Trust against all claims of all persons and entities. Grantor represents and warrants that it has the lawful authority to grant, bargain, sell, assign, transfer, mortgage and convey a first- power lien and security interest in all of the Mortgaged Property to Beneficiary in the manner and form herein provided and without obtaining the authorization, approval, consent or I 2187-5273/LEGAL17750578.4 5/1/ 105