Further Encumbrance. The Borrower shall not encumber, mortgage, pledge, assign or grant any lien or security interest in any or all of its assets to any person or entity other than those liens and security interests set forth on Schedule 3.9 hereof.
Further Encumbrance. (a) Trustor covenants that at all times prior to the discharge of the Obligations, except for Permitted Liens and Permitted Dispositions, Trustor shall neither make nor suffer to exist, nor enter into any agreement for, any sale, assignment, exchange, mortgage, transfer, Lien, hypothecation or encumbrance of all or any part of the Trust Estate, including, without limitation, the Rents. As used herein, "transfer" includes the actual transfer or other disposition, whether voluntary or involuntary, by law, or otherwise, except those transfers specifically permitted herein, provided, however, that "transfer" shall not include the granting of utility or other beneficial easements with respect to the Trust Estate which have been or are granted by Trustor and are reasonably necessary to the construction, maintenance or operation of the Project.
Further Encumbrance. (a) Trustor covenants that at all times prior to the discharge of the Mortgage Notes Indenture and the Notes, except for Permitted Liens and Permitted Dispositions, Trustor shall neither make nor suffer to exist, nor enter into any agreement for, any sale, assignment, exchange, mortgage, transfer, Lien, hypothecation or encumbrance of all or any part of the Trust Estate, including, without limitation, the Rents. As used herein, "transfer" includes the actual transfer or other disposition, whether voluntary or involuntary, by law, or otherwise, except those transfers specifically permitted herein, provided, however, that "transfer" shall not include the granting of utility or other beneficial easements with respect to the Trust Estate which have been or are granted by Trustor and are reasonably necessary to the construction, maintenance or operation of the Project.
Further Encumbrance. 14 1.10 Partial Releases of Trust Estate................................... 15 1.11
Further Encumbrance. The recordation of any deed of trust (a "Further Encumbrance") securing a note having an original principal sum which, when added to the sum of the principal amount(s) of any notes secured by any deeds of trust against the Affordable Unit as of the date of recordation of the Further Encumbrance, exceeds the appraised value of the Affordable Unit.
Further Encumbrance. Pledgor, without the prior written consent of ------------------- Secured Party, creates, places or permits to be created or placed, or through any act or failure to act, acquiesces in the placing of, or allows to remain, any mortgage, pledge, lien (statutory, constitutional or contractual), security interest, encumbrance or charge on the Collateral, unless the same is expressly subordinate to the security interest arising hereunder. The holder of any lien or security interest (whether superior or inferior to the lien created hereby) on the Collateral (without hereby implying Secured Party's consent to the existence, placing, creating or permitting of any such lien or security interest) institutes foreclosure or other proceedings for the enforcement of its remedies thereunder.
Further Encumbrance. Except as otherwise expressly ------------------- permitted by this Section 7.21, Borrower shall not further mortgage, encumber for debt or pledge the Project, Trust Estate, Revenues or any part thereof or any interest therein (including, without limitation, any air or development rights). Borrower shall be permitted to further encumber for debt, mortgage or pledge the Trust Estate or a part thereof as security for additional indebtedness ("Subordinate Financing") provided that all of the following conditions have been met by Borrower to Lender's reasonable satisfaction or Lender has waived the same in writing:
Further Encumbrance. Grantor will pay when due all claims for labor, materials, or supplies that if unpaid might become a lien on all or any portion of the Property. Grantor shall not permit the Property to be further encumbered by additional liens for financing without the prior written consent of Beneficiary.
Further Encumbrance. (1) Trustor covenants that at all times prior to the discharge of the Indenture, except for Permitted Liens (including the 1996 Deed of Trust), Permitted Dispositions and dispositions permitted under Section 1.10, Trustor shall neither make nor suffer to exist, nor enter into any agreement for, any sale, assignment, exchange, mortgage, transfer, Lien, hypothecation or encumbrance of all or any part of the Trust Estate, including, without limitation, the Rents. As used herein, "transfer" includes the actual transfer or other disposition, whether voluntary or involuntary, by law, or otherwise, except those transfers specifically permitted herein, provided, however, that "transfer" shall not include the granting of utility or other beneficial easements with respect to the Trust Estate which have been granted by Trustor and are reasonably necessary to the construction, maintenance or operation of the Resorts.
Further Encumbrance. After Optionee’s exercise of the Option and prior to the Close of Escrow, Optionor shall not voluntarily create any additional title exceptions or further encumber the Property, for a period beyond the Close of Escrow, except with Optionee’s prior written consent, which may be given or withheld in Optionee’s sole and absolute discretion. If between the Exercise Date and the Close of Escrow, any additional exception to title appears as shown in a supplemental title report issued by the Title Company that is not approved by Optionee, or was caused by Optionee or Optionee’s activities on the Property (in which case any such additional title exception shall be deemed a Permitted Exception), Optionee shall give prompt written notice of such new title exception to Optionor. Optionor shall be obligated to remove from title (or to cause to be insured over to Optionee’s reasonable satisfaction) any such additional title exceptions that are voluntarily created by Optionor between the Exercise Date and the Close of Escrow. With respect to any such additional title exceptions that were not voluntarily created by Optionor, Optionee shall have the right to either (i) terminate this Agreement by giving written notice to Optionor and Escrow Holder and obtain the refund of the Exercise Deposit, or (ii) proceed with the Close of Escrow and acquire the Property subject to such additional title exception(s). If necessary to remove such additional title exception(s), Optionor may extend the Close of Escrow for a period of not more than thirty (30) days.
