Common use of Collection of Rents Clause in Contracts

Collection of Rents. Upon or at any time that an Event of Default exists, Mortgagee may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, (a) enter upon, take possession of, manage and operate the Property, or any part thereof (including without limitation making necessary repairs, alterations and improvements to the Property); (b) make, cancel, enforce or modify Leases (and any guaranties thereof); (c) obtain and evict tenants; (d) fix or modify Rents; (e) do any acts which Mortgagee deems reasonably proper to protect the security thereof and (f) either with or without taking possession of the Property, in its own name xxx for or otherwise collect and receive such Rents, including those past due and unpaid. In connection with the foregoing, Mortgagee shall be entitled and empowered to employ attorneys, and management, rental and other agents in and about the Property and to effect the matters which Mortgagee is empowered to do, and in the event Mortgagee shall itself effect such matters, Mortgagee shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee or such persons shall be additional Secured Obligations. Mortgagee may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys’ and agents’ fees, charges, costs and expenses, as aforesaid, upon any Secured Obligations, and in such order as Mortgagee may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default or waive, modify or affect notice of default under the Note or this Mortgage or invalidate any act done pursuant to such notice.

Appears in 6 contracts

Samples: Management Agreement (GTJ REIT, Inc.), Security Agreement and Fixture Filing (GTJ REIT, Inc.), Security Agreement and Fixture Filing (GTJ REIT, Inc.)

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Collection of Rents. Upon or at any time that after an Event of Default existsshall have occurred and be continuing, Mortgagee Beneficiary may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, (ai) enter upon, take possession of, manage and operate the Property, or any part thereof (including without limitation making necessary repairs, alterations and improvements to the Property); (bii) make, cancel, enforce or modify Leases (and any guaranties thereof)Leases; (ciii) obtain and evict tenants; (div) fix or modify Rents; (ev) do any acts which Mortgagee Beneficiary deems reasonably proper to protect the security thereof thereof; and (fvi) either with or without taking possession of the Property, in its own name xxx for or otherwise collect and receive such Rents, including those past due and unpaid. In connection with the foregoing, Mortgagee Beneficiary shall be entitled and empowered to employ attorneys, and management, rental and other agents in and about the Property and to effect the matters which Mortgagee Beneficiary is empowered to do, and in the event Mortgagee Beneficiary shall itself effect such matters, Mortgagee Beneficiary shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee Beneficiary or such persons shall be additional Secured Obligations. Mortgagee Beneficiary may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys’ and agents’ fees, charges, costs and expenses, as aforesaid, upon any Secured Obligations, and in such order as Mortgagee Beneficiary may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default or waive, modify or affect notice of default under the Note or this Mortgage Security Instrument or invalidate any act done pursuant to such notice.

Appears in 2 contracts

Samples: Griffin Capital Essential Asset REIT II, Inc., Griffin Capital Essential Asset REIT II, Inc.

Collection of Rents. Upon or at any time that after an Event of Default existsshall have occurred and be continuing, Mortgagee may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, (ai) enter upon, take possession of, manage and operate the Property, or any part thereof (including without limitation making necessary repairs, alterations and improvements to the Property); (bii) make, cancel, enforce or modify Leases (and any guaranties thereof)Leases; (ciii) obtain and evict tenants; (div) fix or modify Rents; (ev) do any acts which Mortgagee deems reasonably proper to protect the security thereof thereof; and (fvi) either with or without taking possession of the Property, in its own name xxx for or otherwise collect and receive such Rents, including those past due and unpaid. In connection with the foregoing, Mortgagee shall be entitled and empowered to employ attorneys, and management, rental and other agents in and about the Property and to effect the matters which Mortgagee is empowered to do, and in the event Mortgagee shall itself effect such matters, Mortgagee shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee or such persons shall be additional Secured Obligations. Mortgagee may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys’ and agents’ fees, charges, costs and expenses, as aforesaid, upon any Secured Obligations, and in such order as Mortgagee may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default or waive, modify or affect notice of default under the Note or this Mortgage Security Instrument or invalidate any act done pursuant to such notice.

Appears in 2 contracts

Samples: Mortgage, Security Agreement (Griffin Capital Essential Asset REIT, Inc.), Griffin Capital Essential Asset REIT, Inc.

Collection of Rents. Upon or at any time that after an Event of Default existsshall have occurred and be continuing, Mortgagee Grantee may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, (ai) enter upon, take possession of, manage and operate the Property, or any part thereof (including without limitation making necessary repairs, alterations and improvements to the Property); (bii) make, cancel, enforce or modify Leases (and any guaranties thereof)Leases; (ciii) obtain and evict tenants; (div) fix or modify Rents; (ev) do any acts which Mortgagee Grantee deems reasonably proper to protect the security thereof thereof; and (fvi) either with or without taking possession of the Property, in its own name xxx for or otherwise collect and receive such Rents, including those past due and unpaid. In connection with the foregoing, Mortgagee Grantee shall be entitled and empowered to employ attorneys, and management, rental and other agents in and about the Property and to effect the matters which Mortgagee Grantee is empowered to do, and in the event Mortgagee Grantee shall itself effect such matters, Mortgagee Grantee shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee Grantee or such persons shall be additional Secured Obligations. Mortgagee Grantee may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys’ and agents’ fees, charges, costs and expenses, as aforesaid, upon any Secured Obligations, and in such order as Mortgagee Grantee may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default or waive, modify or affect notice of default under the Note or this Mortgage Deed to Secure Debt or invalidate any act done pursuant to such notice.

Appears in 2 contracts

Samples: Secure Debt, Security Agreement (KBS Real Estate Investment Trust, Inc.), Secure Debt, Security Agreement (KBS Real Estate Investment Trust, Inc.)

Collection of Rents. Upon or at any time that after an Event of Default existsshall have occurred and be continuing, Mortgagee may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, (a) enter upon, take possession of, manage and operate the Property, or any part thereof (including without limitation making necessary repairs, alterations and improvements to the Property); (b) make, cancel, enforce or modify Leases (and any guaranties thereof)Leases; (c) obtain and evict tenants; (d) fix or modify Rents; (e) do any acts which Mortgagee deems reasonably proper to protect the security thereof thereof; and (f) either with or without taking possession of the Property, in its own name xxx for or otherwise collect and receive such Rents, including those past due and unpaid. In connection with the foregoing, Mortgagee shall be entitled and empowered to employ attorneys, and management, rental and other agents in and about the Property and to effect the matters which Mortgagee is empowered to do, and in the event Mortgagee shall itself effect such matters, Mortgagee shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee or such persons shall be additional Secured Obligations. Mortgagee may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys’ and agents’ fees, charges, costs and expenses, as aforesaid, upon any Secured Obligations, and in such order as Mortgagee may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default or waive, modify or affect notice of default under the Note or this Mortgage or invalidate any act done pursuant to such notice.

Appears in 2 contracts

Samples: Mortgage, Security Agreement (KBS Real Estate Investment Trust, Inc.), Griffin Land & Nurseries Inc

Collection of Rents. Upon or at any time that after an Event of Default exists, Mortgagee shall have occurred and be continuing. Beneficiary may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, (ai) enter upon, take possession of, manage and operate the Property, or any part thereof (including without limitation making necessary repairs, alterations and improvements to the Property); (bii) make, cancel, enforce or modify Leases (and any guaranties thereof)Leases; (ciii) obtain and evict tenants; (div) fix or modify Rents; : (ev) do any acts which Mortgagee Beneficiary deems reasonably proper to protect the security thereof thereof; and (fvi) either with or without taking possession of the Property, in its own name xxx sue for or otherwise collect and receive such Rents, including those past due and unpaid. In connection with the foregoing, Mortgagee Beneficiary shall be entitled and empowered to employ attorneys, and management, rental and other agents in and about the Property and to effect the matters which Mortgagee Beneficiary is empowered to do, and in the event Mortgagee Beneficiary shall itself effect such matters, Mortgagee . Beneficiary shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee Beneficiary or such persons shall be additional Secured Obligations. Mortgagee Beneficiary may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys’ and agents’ fees, charges, costs and expenses, as aforesaid, upon any Secured Obligations, and in such order as Mortgagee Beneficiary may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default or waive, modify or affect notice of default under the Note or this Mortgage Deed of Trust or invalidate any act done pursuant to such notice.

Appears in 1 contract

Samples: Hudson Pacific Properties, Inc.

Collection of Rents. Upon or at any time that after an Event of Default existsshall have occurred and be continuing, Mortgagee Beneficiary may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations Indebtedness shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, (ai) enter upon, take possession of, manage and operate the Property, or any part thereof (including including, without limitation limitation, making necessary repairs, alterations and improvements to the Property); (bii) take possession of any and all Rents that may previously have been collected by Grantor and which remain in the possession or control of Grantor, together with any bank or similar accounts in which any such Rents may be deposited or held; (iii) make, cancel, enforce or modify Leases (and any guaranties thereof)Tenant Leases; (civ) obtain and evict tenants; (dv) fix or modify Rentsrents; (evi) do any acts which Mortgagee Beneficiary deems reasonably proper to protect the security thereof thereof; and (fvii) either with or without taking possession of the Property, in its own name xxx for or otherwise collect and receive such Rents, including those past due and unpaid. In connection with the foregoing, Mortgagee Beneficiary shall be entitled and empowered to employ attorneys, and management, rental and other agents in and about the Property and to effect the matters which Mortgagee Beneficiary is empowered to do, and in the event Mortgagee Beneficiary shall itself effect such matters, Mortgagee Beneficiary shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee Beneficiary or such persons shall be additional Secured ObligationsIndebtedness. Mortgagee Beneficiary may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys’ and agents’ fees, charges, costs and expenses, as aforesaid, upon any Secured ObligationsIndebtedness, and in such order as Mortgagee Beneficiary may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default or waive, modify or affect notice of default under the Note or this Mortgage Deed of Trust or invalidate any act done pursuant to such notice.

Appears in 1 contract

Samples: Trust, Security Agreement (Behringer Harvard Opportunity REIT II, Inc.)

Collection of Rents. Upon or at any time that after an Event of Default existsshall have occurred and be continuing, Mortgagee may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, (a) enter upon, take possession of, manage and operate the Property, or any part thereof (including without limitation making necessary repairs, alterations and improvements to the Property); (b) make, cancel, enforce or modify Leases (and any guaranties thereof)Leases; (c) obtain and evict tenants; (d) fix or modify Rents; (e) do any acts which Mortgagee deems reasonably proper to protect the security thereof and thereof; (f) either with or without taking possession of the Property, in its own name xxx sue for or otherwise collect and receive such Rents, including those past due and unpaid; and (g) upon written demand, collect the Rents pursuant to Section 697.07, Florida Statutes. In connection with the foregoing, Mortgagee shall be entitled and empowered to employ attorneys, and management, rental and other agents in and about the Property and to effect the matters which Mortgagee is empowered to do, and in the event Mortgagee shall itself effect such matters, Mortgagee shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee or such persons shall be additional Secured Obligations. Mortgagee may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys' and agents' fees, charges, costs and expenses, as aforesaid, upon any Secured Obligations, and in such order as Mortgagee may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default or waive, modify or affect notice of default under the Note or this Mortgage or invalidate any act done pursuant to such notice.

Appears in 1 contract

Samples: Sonesta International Hotels Corp

Collection of Rents. Upon or at any time that after an Event of Default existsshall have occurred and be continuing, Mortgagee Lender may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, (a) enter upon, take possession of, manage and operate the Property, or any part thereof (including without limitation making necessary repairs, alterations and improvements to the Property); (b) make, cancel, enforce or modify Leases (and any guaranties thereof)Leases; (c) obtain and evict tenants; (d) fix or modify Rents; (e) do any acts which Mortgagee Lender deems reasonably proper to protect the security thereof and thereof; (f) either with or without taking possession of the Property, in its own name xxx for or otherwise collect and receive such Rents, including those past due and unpaid; and (g) send a notice to the tenants under Leases directing such tenants to make payments under the Leases directly to Lender. In connection with the foregoing, Mortgagee Lender shall be entitled and empowered to employ attorneys, and management, rental and other agents in and about the Property and to effect the matters which Mortgagee Lender is empowered to do, and in the event Mortgagee Lender shall itself effect such matters, Mortgagee Lender shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee Lender or such persons shall be additional Secured Obligations. Mortgagee Lender may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys’ and agents’ fees, charges, costs and expenses, as aforesaid, upon any Secured Obligations, and in such order as Mortgagee Lender may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default or waive, modify or affect notice of default under the Note or this Mortgage or invalidate any act done pursuant to such notice.

Appears in 1 contract

Samples: Postal Realty Trust, Inc.

Collection of Rents. Upon or at any time that after an Event of Default existsshall have occurred and be continuing, Mortgagee Beneficiary may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, (ai) enter upon, take possession of, manage and operate the Property, or any part thereof (including without limitation making necessary repairs, alterations and improvements to the Property); (bii) make, cancel, enforce or modify Leases (and any guaranties thereof)Leases; (ciii) obtain and evict tenants; (div) fix or modify Rents; (ev) do any acts which Mortgagee Beneficiary deems reasonably proper to protect the security thereof thereof; and (fvi) either with or without taking possession of the Property, in its own name xxx sue for or otherwise collect and receive such Rents, including those past due and unpaid. In connection with the foregoing, Mortgagee Beneficiary shall be entitled and empowered to employ attorneys, and management, rental and other agents in and about the Property and to effect the matters which Mortgagee Beneficiary is empowered to do, and in the event Mortgagee Beneficiary shall itself effect such matters, Mortgagee Beneficiary shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee Beneficiary or such persons shall be additional Secured Obligations. Mortgagee Beneficiary may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys’ and agents’ fees, charges, costs and expenses, as aforesaid, upon any Secured Obligations, and in such order as Mortgagee Beneficiary may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default or waive, modify or affect notice of default under the Note or this Mortgage Deed of Trust or invalidate any act done pursuant to such notice.

Appears in 1 contract

Samples: KBS Real Estate Investment Trust, Inc.

Collection of Rents. Upon or at any time that an Event of after a Default existsunder the Loan Documents shall have occurred and be continuing, Mortgagee Assignee may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or (at its option) by a receiver to be appointed by a court, (ai) enter upon, take possession of, manage manage, lease, and operate the Property, or any part thereof (including including, without limitation limitation, making necessary repairs, alterations and improvements to the Property); (bii) take possession of all tangible and intangible personal property associated with the Property and in which Assignee has a security interest; (iii) make, cancel, enforce endorse, or modify Leases (and any guaranties thereof)leases; (civ) obtain and evict tenants; (dv) fix or modify Rentsrents; (evi) do any acts which Mortgagee Assignee deems reasonably proper to protect the security thereof thereof; and (fvii) either with or without taking possession of the Property, in its own own-name xxx sxx for or otherwise collect and receive such the Rents, including those past due and unpaid. In connection with the foregoing, Mortgagee Assignee shall be entitled and empowered to employ attorneys, and management, rental rental, and other agents in and about the Property and to effect the matters which Mortgagee Assignee is empowered to do, and in the event Mortgagee Assignee shall itself effect such matters, Mortgagee Assignee shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee Assignee or such persons shall be additional Secured Obligations. Mortgagee Assignee may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys’, legal assistants’ and agents’ fees, charges, costs and expenses, as aforesaid, upon to any Secured Obligations, and in such order as Mortgagee Assignee may determine. The entering upon and taking possession of the Property, the collection of such Rents the Rents, and the application thereof as aforesaid shall not cure or waive any default or waive, modify or affect notice of default under the Note or this Mortgage any Loan Document or invalidate any act done pursuant to such notice. Nothing herein contained shall be construed as constituting Assignee as a trustee or mortgagee in possession.

Appears in 1 contract

Samples: Assignment of Rents and Leases (Sb Partners)

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Collection of Rents. Upon or at During the existence of any time that an Event of Default existsDefault, Mortgagee Assignee may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, (a) enter upon, take possession of, manage and operate the Property, or any part thereof (including including, without limitation limitation, making necessary repairs, alterations and improvements to the Property); , (b) make, cancel, enforce or modify Leases (and any guaranties thereof); Leases, (c) obtain and evict tenants; , (d) fix or modify Rents; , (e) do any acts which Mortgagee Assignee deems reasonably proper to protect the security thereof and (f) either with or without taking possession of the Property, in its own name xxx for or otherwise collect and receive such Rents, including those past due and unpaid. In connection with the foregoing, Mortgagee Assignee shall be entitled and empowered to employ attorneys, attorneys and management, rental and other agents in and about the Property and to effect the matters which Mortgagee Assignee is empowered to do, and in the event Mortgagee Assignee shall itself effect such matters, Mortgagee Assignee shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; , and the reasonable fees, charges, costs and expenses of Mortgagee Assignee or such persons shall be additional Secured Obligations. Mortgagee Assignee may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys’ and agents’ fees, charges, costs and expenses, as aforesaid, upon any Secured Obligations, and in such order as Mortgagee Assignee may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default or waive, modify or affect notice of default under the Note or this Mortgage Assignment or invalidate any act done pursuant to such notice.

Appears in 1 contract

Samples: Management Agreement (GTJ REIT, Inc.)

Collection of Rents. Upon or at any time that after an Event of Default existsshall have occurred and be continuing, Mortgagee may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, (a) enter upon, take possession of, manage and operate the Property, or any part thereof (including without limitation making necessary repairs, alterations and improvements to the Property); (b) make, cancel, enforce or modify Leases (and any guaranties thereof)Leases; (c) obtain and evict tenants; (d) fix or modify Rents; (e) do any acts which Mortgagee deems reasonably proper to protect the security thereof and thereof; (f) either with or without taking possession of the Property, in its own name xxx for or otherwise collect and receive such Rents, including those past due and unpaid; and (g) upon written demand, collect the Rents pursuant to Section 697.07, Florida Statutes. In connection with the foregoing, Mortgagee shall be entitled and empowered to employ attorneys, and management, rental and other agents in and about the Property and to effect the matters which Mortgagee is empowered to do, and in the event Mortgagee shall itself effect such matters, Mortgagee shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee or such persons shall be additional Secured Obligations. Mortgagee may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys' and agents' fees, charges, costs and expenses, as aforesaid, upon any Secured Obligations, and in such order as Mortgagee may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default or waive, modify or affect notice of default under the Note Non-Recourse Guaranty Agreement or this Mortgage or invalidate any act done pursuant to such notice.

Appears in 1 contract

Samples: Sonesta International Hotels Corp

Collection of Rents. Upon or at any time that after a Default or an Event of Default existsshall have occurred and be continuing, Mortgagee may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, (a) enter upon, take possession of, manage and operate the Property, or any part thereof (including without limitation making necessary repairs, alterations and improvements to the Property); (b) make, cancel, enforce or modify Leases (and any guaranties thereof)Leases; (c) obtain and evict tenants; (d) fix or modify Rents; (e) do any acts which Mortgagee deems reasonably proper to protect the security thereof thereof; and (f) either with or without taking possession of the Property, in its own name xxx for or otherwise collect and receive such Rents, including those past due and unpaid. In connection with the foregoing, Mortgagee shall be entitled and empowered to employ attorneys, and management, rental and other agents in and about the Property and to effect the matters which Mortgagee is empowered to do, and in the event Mortgagee shall itself effect such matters, Mortgagee shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee or such persons shall be additional Secured Obligations. Mortgagee may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys' and agents' fees, charges, costs and expenses, as aforesaid, upon any Secured Obligations, and in such order as Mortgagee may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default or waive, modify or affect notice of default under the Note or this Mortgage or invalidate any act done pursuant to such notice.

Appears in 1 contract

Samples: Open End Mortgage, Security Agreement (Mark Centers Trust)

Collection of Rents. Upon or at any time that after an Event of Default existsshall have occurred and be continuing, Mortgagee may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, (a) enter upon, take possession of, manage and operate the Property, or any part thereof (including without limitation making necessary repairs, alterations and improvements to the Property); (b) make, cancel, enforce or modify Leases (and any guaranties thereof)Leases; (c) obtain and evict tenants; (d) fix or modify Rents; (e) do any acts which Mortgagee deems reasonably proper to protect the security thereof thereof; and (f) either with or without taking possession of the Property, in its own name xxx sue for or otherwise collect and receive such Rents, including those past xxxt due and unpaid. In connection with the foregoing, Mortgagee shall be entitled and empowered to employ attorneys, and management, rental and other agents in and about the Property and to effect the matters which Mortgagee is empowered to do, and in the event Mortgagee shall itself effect such matters, Mortgagee shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary for comparable properties in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee or such persons shall be additional Secured Obligations. Mortgagee may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys' and agents' fees, charges, costs and expenses, as aforesaid, upon any Secured Obligations, and in such order as Mortgagee may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default or waive, modify or affect notice of default under the Note or this Mortgage or invalidate any act done pursuant to So such notice.

Appears in 1 contract

Samples: BioMed Realty Trust Inc

Collection of Rents. Upon or at any time that after an Event of Default existsshall have occurred and be continuing, Mortgagee Lender may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, (a) enter upon, take possession of, manage and operate the Property, or any part thereof (including without limitation making necessary repairs, alterations and improvements to the Property); (b) make, cancel, enforce or modify Leases (and any guaranties thereof)Secondary Leases; (c) obtain and evict tenants; (d) fix or modify Rents; (e) do any acts which Mortgagee Lender deems reasonably proper to protect the security thereof thereof; and (f) either with or without taking possession of the Property, in its own name xxx sxx for or otherwise collect and receive such Rents, including those past due and unpaid. In connection with the foregoing, Mortgagee Lender shall be entitled and empowered to employ attorneys, and management, rental and other agents in and about the Property and to effect the matters which Mortgagee Lender is empowered to do, and in the event Mortgagee Lender shall itself effect such matters, Mortgagee Lender shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee Lender or such persons shall be additional Secured Obligations. Mortgagee Lender may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys’ and agents’ fees, charges, costs and expenses, as aforesaid, upon any Secured Obligations, and in such order as Mortgagee Lender may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default Default or waive, modify or affect notice of default Default under the Note or this Mortgage or invalidate any act done pursuant to such notice.

Appears in 1 contract

Samples: Mortgage, Security Agreement (AmeriCann, Inc.)

Collection of Rents. Upon or at any time that after an Event of Default existsshall have occurred and be continuing, Mortgagee may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, (a) enter upon, take possession of, manage and operate the Property, or any part thereof (including without limitation making necessary repairs, alterations and improvements to the Property); (b) make, cancel, enforce or modify Leases (and any guaranties thereof)Secondary Leases; (c) obtain and evict tenants; (d) fix or modify Rents; (e) do any acts which Mortgagee deems reasonably proper to protect the security thereof thereof; and (f) either with or without taking possession of the Property, in its own name xxx sue for or otherwise collect and receive such Rents, including those past due and unpaid. In connection with the foregoing, Mortgagee shall be entitled and empowered to employ attorneys, and management, rental and other agents in and about the Property and to effect the matters which Mortgagee is empowered to do, and in the event Mortgagee shall itself effect such matters, Mortgagee shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee or such persons shall be additional Secured Obligations. Mortgagee may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys' and agents' fees, charges, costs and expenses, as aforesaid, upon any Secured Obligations, and in such order as Mortgagee may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default Default or waive, modify or affect notice of default Default under the Note or this Mortgage or invalidate any act done pursuant to such notice.

Appears in 1 contract

Samples: Sonesta International Hotels Corp

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