Second Mortgage ContractMortgage second contract
Denver, CO 80202 ("Mortgagor") in favour of GREAT-WEST LIFE & ANNUITY INSURANCE COMPANY, a Colorado Corp., with an offices at 8515 East Orchard Road, 3T2, Greenwood Village, CO 80111, Attention: Mortgages ("mortgage creditors"). V I D P R o D P R o D: As shown by a guarantee agreement with a simultaneous date of Mortgagor in favour of the mortgagee, Mortgagor has guaranteed:
TO TOGETHER with the entire right of Mortgagor, the titles and interests in and to: 1. all premises and upgrades constructed or to be constructed thereafter; 2. all furnishings, utensils, machines and equipments of any kind and other items of individual ownership at any moment, now or thereafter, fitted, fixed or set up in or on the properties described above, or all premises and upgrades constructed now or thereafter, or all premises and upgrades constructed now or thereafter, or to be used or used in association with the premises or in the course of the operations of the premises and upgrades, installations, shops or apartments therein, whether or not the individual ownership is fixed or to be fixed thereto; 3. all furniture, utensils, appliances, machines and equipments of any kind or other kind and other items of individual ownership at any moment, now or thereafter, fitted, fixed or set up in or on the properties described above, or any premises and upgrades constructed now or thereafter, or to be used or set up in or thereafter, or any premises and upgrades constructed now or thereafter, or to be used or thereafter, or any premises and upgrades, installations, shops or apartments therein, whether or herewith, whether the individual ownership is fixed or is to be fixed or;
TOGETHER with all previous and succeeding assignments to the present and succeeding owner of the lien from state or other legitimate authority for the assumption or damage of all or part of the lien or relief therein by expropriation by expropriation, inclusive of all assignments for changes in road quality hereby transferred to the pawnbroker,
Mortgage Creditor hereby undertakes, upon demand, to carry out and supply all cessions and other means adequate for the cession of the above cessions to the Mortgage Creditor free of charge, free of charge and free of any encumbrance of any kind. Furthermore, Mortgagor undertakes to inform the mortgage creditor without delay of the effective start of expropriation procedures concerning all or part of the pledged property or of any warning in writing of such procedures and to provide the mortgage creditor with a copy of all documents delivered to Mortgagor in relation to such procedures.
HAVE AND BEHAVIOUR have and behaviour of the pledged property transferred or referred to herein and determined to be available to the mortgagee for his own use forever. If the Mortgage Bank is late, and the Mortgage Bank fulfils all the requirements set forth herein (up to and includingthe date of full redemption of all such amounts) and in the Guarantee, then this Mortgage and the discount hereby provided shall expire and become inoperative.
Payments and services: The Mortgage Creditor shall make payments to the Mortgage Creditor in accordance with the terms of the Guarantee and this Mortgage, the Principal and Interest and other amounts stated therein and shall abide by all provisions of the Guarantee and this Mortgage. Servicing of pledged real estate: The Mortgagor waives the right to inspect refuse in or around the Pledged Object and does not allow the inspection of refuse; and, unless specifically authorized under the Loan Contract or a rental, licence, franchise or use contract of all or part of the Pledged Object (each a "Rental Contract" and together the "Rental Contracts"), any structure constructed at any point on the Pledged Object may not be removed or demolished or its structure altered.
Do not allow the pledge to be surrendered or left unattended without the previous agreement in writing of the mortgage creditor and will keep the pledge in good order or have it serviced and repaired, except for appropriate use. Mortgagor shall defend, reimburse and preserve the Mortgage Holder from and against all claims, charges and expenditures of third parties (including but not limited to appropriate attorneys' attorney's charges and expenses) levied upon or borne by or claimed against the Mortgage Holder (except for claims),
The mortgage is not subject to the following conditions: (a) the mortgage is not subject to the payment of a mortgage (e.g. costs or expenses resulting from the mortgage holder's wilful default or serious negligence) and results from a state of facts or circumstance which exists before the acquisition of the mortgage by way of execution or a document instead of execution or from an act or omission by the mortgage holder for the following reasons: i) possession of that mortgage, pledged possession or interest therein or obtaining rent; ii) incidental or consequential damages, personal injuries or deaths, or loss of or property in, on or over the pledged possession or part thereof; iii) use or term in, on or over the pledged possession or part thereof;
iv ) any omission by the Mortgage Holder to meet or meet, in all substantial matters, any of the conditions of that Mortgage; or v) the provision of work or service or the provision of supplies or other ownership in relation to the Pledged Object or any part thereof.
Mortgagor's obligation under this paragraph extends beyond the performance, transfer, enforcement or surrender of a document in place of the enforcement of that mortgage. Except as provided above, Mortgagor hereby irrevocably designates the Mortgagor's Agent for Mortgagor to export, supply and submit these tools for and on Mortgagor's account.
To the extent permitted by law, order, regulation or order of any federal, state, local or other government authority, Martgagor shall promptly observe all relevant statutes, rules, orders and requirements with respect to the Pledged Items. a) The Mortgage Creditor and all authorised representatives of the Mortgage Creditor shall have the right, at any moment and from time to time, except for the Lessee's right under a Rental Agreement, to access the Pledged Object at appropriate times to check and take photographs of its state and state of repairs.
Attention is hereby drawn to Article 6 of the Loan Agreement between Mortgagor and its affiliated companies as borrowers and mortgage creditors as lenders, which dates from the same date (as modified, adjusted or updated from period to period in the "Loan Agreement") for the limitations on the transfer of shares in Mortgagor or the Pledged Object.
Every breach of the aforementioned restriction at the discretion of the mortgagee shall be considered an occurrence of default for which no announcement or grace deadline shall be valid. Mortgagor's failure to meet any tax, estimation, charge or other lien (other than in the case of competition mentioned above) or premium paid or incurred by Mortgagor, its failure to perform necessary repair or approval, or its failure to otherwise meet its obligation under this Agreement or under the Guarantee or any other instrument issued in relation to this Mortgage shall be subject to the Mortgage Creditor's obligation,
Occurrences of the delay: One or more of the following terms shall be deemed an " event of delay ": a) If an occurrence of delay arises under and as specified in the Guarantee or other loan documents (as herein defined); b) if the Mortgage Lender does not make any payment due under such Mortgage at the time of maturity and such breach persists for five (5) calender days; d) if the Mortgage Lender does not fulfil or does not fulfil any of the other contracts, terms, conditions, warranties, terms or terms included in such Mortgage and such breach persists thirty (30) working days following the Lender's notification in writing;
b ) If the whole debt becomes due and payable because of default, or otherwise, then immediately: along with all other amounts owed by Mortgagor in accordance with the terms of the Guarantee and this Mortgage, inclusive of all amounts lent by the Mortgagor to the Mortgagor after the date of this Mortgage and all amounts lent by the Mortgagor to the Mortgagor for tax, lease of facilities, other chargeable duties or entitlements, insurances or repair or maintenance, all third parties' incidental and reasonable attorneys' fees and actual legal expense.
and on such other basis as the mortgagee or the beneficiary may deem appropriate, recover all rents (including the amounts to be paid for use and employment) and, after deduction of all third parties' collecting expenses and appropriate administrative expenses, deduct net rents from the tax due,
Mortgagor hereby cedes to the Mortgagor all rent due and payable under any current or prospective lease or rental agreement, and all right and remedy provided in such lease or rental agreement or by statute or common stock for the Collection of Rent. Every lease agreement or agreements concluded by the mortgage creditor or the beneficiary in accordance with this paragraph shall continue to exist even after the mortgage has been enforced, unless an agreement to the contrary provides.
without affecting the mortgage creditor's right to subsequently file a claim for the cancellation of that mortgage or any other claim by Mortgagor in respect of an occurrence of default by Mortgagor which existed at the date on which the previous claim was filed, in which case the mortgage creditor and all other parties shall remain obligated to make payment under the conditions of such renewal or amendment unless specifically approved and dismissed in writ by the mortgage creditor.
f ) The above specified legal remedies shall supplement, not limit, the legal remedies available to the Mortgage Creditor by operation of laws, the relevant codes of litigation or the CM. The mortgagee may simultaneously pursue some or all of his legal rights, some or all of them, involving separated and simultaneous acts on the guarantee, this mortgage, the other loan documents and any guarantee, to the fullest legal capacity.
Where the mortgage creditor does not pursue remedies to which he is entitled as a result of an occurrence of default, that default shall not be deemed to represent a renunciation of that default occurrence. Any communication admissible or necessary under this Mortgage must be made in written form and in accordance with the termination terms of the Loan Agreement.
The mortgage may only be modified or supplemented by a written memorandum of understanding that has been concluded by the person against whom the modification is requested to be enforced. The mortgage is obligatory for the mortgage creditor and his successor and assignee and takes effect for the mortgage creditor, his successor, participant and assignee. In order to obtain this mortgage, the castrato must contain the male and the female and the single the plurals and the plurals the singles as required by the text.
When Mortgagor is more than one individual, all understandings, arrangements, waivers, indemnities, consents, interests and achievements made or granted by Mortgagor are common and multiple and binding and apply to all individuals identified as "Mortgagor" as if they were all expressly mentioned herein, wherever the term "Mortgagor" is used.
a) Notwithstanding any of the provisions of this Mortgage or Guarantee, Mortgagor's responsibility for interest shall not be greater than the limit set by existing usurious laws. In the event that a term in the guarantee or this mortgage involves interest charges in excess of the highest interest rates permissible under usurious laws, the term in issue shall be considered to involve such charge at the highest interest rates permissible under usurious laws.
If the Mortgage Creditor receives a judgement against the Mortgage Creditor in respect of that Mortgage or the related Guarantee, interest shall be payable at the same rates as in the Notes, notwithstanding any statute, practice or supposition to the contrary, except as provided in paragraph (a) above, until the Mortgage Creditor has obtained full settlement of all sums due to him under that Mortgage and the related Guarantee.
Every term of this Mortgage that is forbidden or not enforceable in any court of law shall be void in relation to that court of law to the full est scope of that forbiddance or enforceability without overriding the other terms of this Agreement, and any such forbiddance or enforceability in any court of law shall not override or make enforceable that term in any other court of law.
Hereby Mortgagor renounces the proceedings or the prolongation of the term of notice. Titles preceded by the text of the paragraph or subsections of this Mortgage shall be included only for the sake of clarity and shall not form part of this Mortgage, nor shall they in any way influence its significance, structure or effect.
The mortgage shall be interpreted and regulated in accordance with the law of the State in which the pledged object is located, without reference to the rules of law governing collision. Prepayment mortgage. Consistency; capitalized notions. If there is a dispute between the mortgage and the loan agreement, the loan agreement shall apply.
Any capital words used herein without definitions shall have the same meaning as those used in the credit agreement. WITNESS WHEREOF, this mortgage was properly implemented from the date and year described above. In the name of the mortgage creditor, I confirm as the mortgage creditor's representative that the domicile of the aforementioned mortgage creditor is within the house: