Common use of Actions; Receivers Clause in Contracts

Actions; Receivers. After the happening of any Event of Default and immediately upon the commencement of any action, suit or other legal proceedings by Trustee or Beneficiary to obtain judgment for the principal of, or interest on, the Note and other sums required to be paid by Grantor pursuant to any provision hereof, or of any other nature in aid of the enforcement of the Note or hereof, Grantor will (a) waive the issuance and service of process and enter its voluntary appearance in such action, suit or proceeding and (b) if required by Beneficiary, consent to the appointment of a receiver or receivers of all or part of the Mortgaged Property and of any or all of the Rents in respect thereof. After the happening of any Event of Default and during its continuance, or upon the commencement of any proceedings to foreclose this Deed or to enforce the specific performance hereof or in aid thereof or upon the commencement of any other judicial proceeding to enforce any right of Trustee or Beneficiary, Trustee or Beneficiary shall be entitled, as a matter of right, if they shall so elect, without the giving of notice to any other party and without regard to the adequacy or inadequacy of any security for the indebtedness secured hereby, forthwith either before or after declaring the unpaid principal of the Note to be due and payable, to the appointment of such a receiver or receivers.

Appears in 9 contracts

Samples: Security Agreement (Apple Suites Inc), Security Agreement (Apple Suites Inc), Security Agreement (Apple Suites Inc)

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Actions; Receivers. After the happening of any Event of Default and immediately upon the commencement of any action, suit or other legal proceedings by Trustee or Beneficiary Mortgagee to obtain judgment for the principal of, or interest on, the Note and other sums required to be paid by Grantor Mortgagor pursuant to any provision hereof, or of any other nature in aid of the enforcement of the Note or hereof, Grantor Mortgagor will (a) waive the issuance and service of process and enter its voluntary appearance in such action, suit or proceeding and (b) if required by BeneficiaryMortgagee, consent to the appointment of a receiver or receivers of all or part of the Mortgaged Property and of any or all of the Rents in respect thereof. After the happening of any Event of Default and during its continuance, or upon the commencement of any proceedings to foreclose this Deed Mortgage or to enforce the specific performance hereof or in aid thereof or upon the commencement of any other judicial proceeding to enforce any right of Trustee or BeneficiaryMortgagee, Trustee or Beneficiary Mortgagee shall be entitled, as a matter of right, if they it shall so elect, without the giving of notice to any other party and without regard to the adequacy or inadequacy of any security for the indebtedness secured hereby, forthwith either before or after declaring the unpaid principal of the Note to be due and payable, to the appointment of such a receiver or receivers.

Appears in 5 contracts

Samples: And Security Agreement (Apple Suites Inc), And Security Agreement (Apple Suites Inc), Rents and Security Agreement (Apple Suites Inc)

Actions; Receivers. After the happening of any Event of ------------------ Default and immediately upon the commencement of any action, suit or other legal proceedings by Trustee or Beneficiary to obtain judgment for the principal of, or interest on, the Note and other sums required to be paid by Grantor pursuant to any provision hereof, or of any other nature in aid of the enforcement of the Note or hereof, Grantor will (a) waive the issuance and service of process and enter its voluntary appearance in such action, suit or proceeding and (b) if required by Beneficiary, consent to the appointment of a receiver or receivers of all or part of the Mortgaged Property and of any or all of the Rents in respect thereof. After the happening of any Event of Default and during its continuance, or upon the commencement of any proceedings to foreclose this Deed or to enforce the specific performance hereof or in aid thereof or upon the commencement of any other judicial proceeding to enforce any right of Trustee or Beneficiary, Trustee or Beneficiary shall be entitled, as a matter of right, if they shall so elect, without the giving of notice to any other party and without regard to the adequacy or inadequacy of any security for the indebtedness secured hereby, forthwith either before or after declaring the unpaid principal of the Note to be due and payable, to the appointment of such a receiver or receivers.

Appears in 2 contracts

Samples: Security Agreement (Apple Suites Inc), Apple Suites Inc

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Actions; Receivers. After the happening of any Event of Default and immediately upon the commencement of any action, suit or other legal proceedings by Trustee or Beneficiary to obtain judgment for the principal of, or interest on, the Note and other sums required to be paid by Grantor pursuant to any provision hereofhereof or of the Loan Agreement, or of any other nature in aid of the enforcement of the Note or hereofhereof or of the Loan Agreement, Grantor will (a) waive the issuance and service of process and enter its voluntary appearance in such actionWAIVE THE ISSUANCE AND SERVICE OF PROCESS AND ENTER ITS VOLUNTARY APPEARANCE IN SUCH ACTION, suit or proceeding and SUIT OR PROCEEDING AND (b) if required by BeneficiaryIF REQUIRED BY BENEFICIARY, consent to the appointment of a receiver or receivers of all or part of the Mortgaged Property and of any or all of the Rents in respect thereofCONSENT TO THE APPOINTMENT OF A RECEIVER OR RECEIVERS OF ALL OR PART OF THE MORTGAGED PROPERTY AND OF ANY OR ALL OF THE RENTS IN RESPECT THEREOF. After the happening of any Event of Default and during its continuance, or upon the commencement of any proceedings to foreclose this Deed or to enforce the specific performance hereof or in aid thereof or upon the commencement of any other judicial proceeding to enforce any right of Trustee or Beneficiary, Trustee or Beneficiary shall be entitled, as a matter of right, if they shall so elect, without the giving of notice to any other party and without regard to the adequacy or inadequacy of any security for the indebtedness Obligations secured hereby, forthwith either before or after declaring the unpaid principal of the Note to be due and payable, to the appointment of such a receiver or receivers.

Appears in 1 contract

Samples: Taubman Centers Inc

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