Mortgage Releases. The Administrative Agent shall have received evidence reasonably satisfactory to it that all mortgages securing obligations under the Existing Credit Agreement have been or contemporaneously with the effectiveness hereof shall be terminated.

Mortgage Releases. The Administrative Agent shall have received evidence reasonably satisfactory to it that all mortgages securing obligations under the Existing Credit Agreement have been or contemporaneously with the effectiveness hereof shall be terminated.

Effective Mortgage. The provisions of the Mortgage Agreement will be effective to create in favor of the Lender a valid, binding and enforceable security interest in all of Mortgagor’s right, title and interest of the Real Property, and constitute a fully perfected second priority Mortgage in all right, title and interest of such Mortgagor in such Real Property, superior in right to any liens which any third Person may have against such Real Property or interests therein other than the first priority Mortgage.

Mortgage Filings. Attached hereto as [Schedule 9] is a schedule setting forth, with respect to each Mortgaged Property, # the exact name of the Person that owns such property as such name appears in its certificate of incorporation or other organizational document, # if different from the name identified pursuant to clause (a), the exact name of the current record owner of such property reflected in the records of the filing office for such property identified pursuant to the following clause and # the filing office in which a Mortgage with respect to such property must be filed or recorded in order for the [[Administrative Agent:Organization]] to obtain a perfected security interest therein.

Mortgage Filings. Except as set forth in [Schedule 9] hereto, [Schedule 9] of the Prior Perfection Certificate sets forth, with respect to each Mortgaged Property, # the exact name of the Person that owns such property as such name appears in its certificate of incorporation or other organizational document, # if different from the name identified pursuant to clause (a), the exact name of the current record owner of such property reflected in the records of the filing office for such property identified pursuant to the following clause and # the filing office in which a Mortgage with respect to such property must be filed or recorded in order for the [[Administrative Agent:Organization]] to obtain a perfected security interest therein.

Mortgage Amendments. If Issuer is advised by its local counsel in a jurisdiction where Mortgages are recorded that further action is necessary to secure the Additional 10.5% Notes, then the Issuer shall deliver to the Collateral Agent an amendment to any such Mortgage in accordance with the requirements under the Additional 10.5% Notes Supplemental Indenture (each, a “Mortgage Amendment” and, collectively, the “Mortgage Amendments”).

Mortgage Liens. Within 90 days of the Closing Date (with extensions as deemed necessary by the Collateral Agent), mortgage instruments, including amendments, on the Material Domestic Real Property listed in [Schedule 6.20(a)(ii)] in form and substance reasonably satisfactory to the Collateral Agent, executed and notarized in multiple counterparts, filed in appropriate jurisdictions to provide a first priority lien on the subject property, together with such local counsel opinions, surveys, title insurance policies (or a marked, signed commitment to issue, or a signed pro-forma version thereof) and endorsements, flood hazard certifications, evidence of property and casualty insurance coverage and other items as the Collateral Agent may reasonably require in connection therewith. Existing surveys will be accepted and updated surveys will not be required unless the title insurance company issuing the applicable title insurance policy is unwilling to accept a customary survey affidavit of no change with respect to such survey. Unless required by Law, Collateral Agent shall not require appraisals of any such Material Domestic Real Property and, for purposes of determining title insurance policy amounts, amounts secured under mortgages in jurisdictions that impose a mortgage recording tax, and any other applicable requirements hereunder, the value of such property shall be deemed to be the same as the value used under the Existing Credit Agreement. In lieu of a mortgage amendment or new mortgage on any such Material Domestic Real Property, Collateral Agent agrees to accept # a favorable opinion from local counsel in the jurisdiction in which the Material Domestic Real Property is located, in form and substance reasonably satisfactory to Collateral Agent and confirming that # the recording of the existing mortgage under the Existing Credit Agreement is the only filing or recording necessary to give constructive notice to third parties of the lien created by such mortgage as security for the Obligations hereunder and no other documents, instruments, filings or other actions are necessary or appropriate under applicable Law in order to maintain the continued enforceability, validity or priority of such lien and # such existing mortgage secures the Obligations and # an endorsement from the applicable title insurance company reasonably acceptable to the Collateral Agent confirming that such existing mortgage secures the Obligations.

Mortgage Recorded. Each original Mortgage was recorded in the jurisdiction in which the Mortgaged Property is located and all subsequent assignments of the original Mortgage have been delivered in the appropriate form for recording in all jurisdictions in which such recordation is necessary to perfect the lien of the Mortgage. With respect to each Mortgage that constitutes a deed of trust, a trustee, duly qualified under applicable law to serve as such, has been properly designated and currently so serves and is named in such Mortgage.

Qualified Mortgage. Notwithstanding anything to the contrary set forth in this Agreement, on and after January 10, 2014 (or such later date as set forth in the relevant regulations), # prior to the origination of each Mortgage Loan, the originator made a reasonable and good faith determination that the Mortgagor had a reasonable ability to repay the loan according to its terms, in accordance with, at a minimum, the eight underwriting factors set forth in 12 CFR 1026.43(c) and (ii) each Mortgage Loan is a “Qualified Mortgage” as defined in 12 CFR 1026.43(e); provided that a modification subsequent to the date listed above shall not be considered an “origination” of a Mortgage Loan or a “covered transaction” as long as no new Mortgage Note is executed and delivered and the interest rate of the related Mortgage Loan is not increased.

the originals of each outstanding promissory note evidencing the Existing Mortgage Debt (the “Existing Mortgage Note”) (or if the original Existing Mortgage Note shall have been lost, destroyed or mutilated, a copy of the Existing Mortgage Note and a lost note affidavit by the Existing Mortgage Lender in favor of Administrative Agent), and if available, all other notes evidencing the Existing Mortgage Debt;