Common use of Entry on Mortgaged Property Clause in Contracts

Entry on Mortgaged Property. Holder is authorized, prior or subsequent to the institution of any foreclosure proceedings, to the fullest extent permitted by applicable law, to enter upon the Mortgaged Property, or any part thereof, and to take possession of the Mortgaged Property and all books and records relating thereto, and to exercise without interference from Grantor any and all rights which Grantor has with respect to the management, possession, operation, protection or preservation of the Mortgaged Property. Holder shall not be deemed to have taken possession of the Mortgaged Property or any part thereof except upon the exercise of its right to do so, and then only to the extent evidenced by its demand and overt act specifically for such purpose. All costs, expenses and liabilities of every character incurred by ▇▇▇▇▇▇ in managing, operating, maintaining, protecting or preserving the Mortgaged Property shall constitute a demand obligation of Grantor (which obligation Grantor hereby promises to pay) to Holder pursuant to this Mortgage. If necessary to obtain the possession provided for above. Holder may invoke any and all legal remedies to dispossess Grantor. In connection with any action taken by Holder pursuant to this Section, Holder shall not he liable for any loss sustained by Grantor resulting from any failure to let the Mortgaged Property or any part thereof, or from any act or omission of Holder in managing the Mortgaged Property unless such loss is caused by the gross negligence, willful misconduct, or bad faith of Holder, nor shall Holder be obligated to perform or discharge any obligation, duty or liability of Grantor arising under any lease or other agreement relating to the Mortgaged Property or arising under any Permitted Encumbrance or otherwise arising. Grantor hereby assents to, ratifies and confirms any and all actions of Holder with respect to the Mortgaged Property taken under this Section.

Entry on Mortgaged Property. Holder Administrative Lender is authorized, prior or subsequent to the institution of any foreclosure proceedings, to the fullest extent permitted by applicable law, to enter upon the Mortgaged Property, or any part thereof, and to take possession of the Mortgaged Property and all books and records relating thereto, and to exercise without interference from Grantor any and all rights which Grantor has with respect to the management, possession, operation, protection or preservation of the Mortgaged Property. Holder Administrative Lender shall not be deemed to have taken possession of the Mortgaged Property or any part thereof except upon the exercise of its right to do so, and then only to the extent evidenced by its demand and overt act specifically for such purpose. All costs, expenses and liabilities of every character incurred by ▇▇▇▇▇▇ Administrative Lender in managing, operating, maintaining, protecting or preserving the Mortgaged Property shall constitute a demand obligation of Grantor (which obligation Grantor hereby promises to pay) to Holder Administrative Lender pursuant to this Mortgage. If necessary to obtain the possession provided for above. Holder , Administrative Lender may invoke any and all legal remedies to dispossess Grantor. In connection with any action taken by Holder Administrative Lender pursuant to this Section, Holder Administrative Lender shall not he be liable for any loss sustained by Grantor resulting from any failure to let the Mortgaged Property or any part thereof, or from any act or omission of Holder Administrative Lender in managing the Mortgaged Property unless such loss is caused by the gross negligence, willful misconduct, or misconduct and bad faith of HolderAdministrative Lender, nor shall Holder Administrative Lender be obligated to perform or discharge any obligation, duty or liability of Grantor arising under any lease or other agreement relating to the Mortgaged Property or arising under any Permitted Encumbrance or otherwise arising. Grantor hereby assents to, ratifies and confirms any and all actions of Holder Administrative Lender with respect to the Mortgaged Property taken under this SectionSection 5.1.

Entry on Mortgaged Property. Holder The Beneficiary is authorized, prior or subsequent to the institution of any foreclosure proceedings, to the fullest extent permitted by applicable law, subject to Grantor's rights under any lease, to enter upon the Mortgaged Property, or any part thereof, and to take possession of the Mortgaged Property and all books and records relating thereto, and to exercise without interference from Grantor any and all rights which Grantor has with respect to the management, possession, operation, protection or preservation of the Mortgaged Property. Holder The Beneficiary shall not be deemed to have taken possession of the Mortgaged Property or any part thereof except upon the exercise of its right to do so, and then only to the extent evidenced by its demand and overt act specifically for such purpose. All costs, expenses and liabilities of every character incurred by ▇▇▇▇▇▇ the Beneficiary in managing, operating, maintaining, protecting or preserving the Mortgaged Property after taking possession of the Mortgaged Property and in preparation for any foreclosure sale shall constitute a demand obligation of Grantor (which obligation Grantor hereby promises to pay) to Holder the Beneficiary pursuant to this MortgageDeed of Trust. If necessary to obtain the possession provided for above. Holder , the Beneficiary may invoke any and all legal remedies to dispossess Grantor. In connection with any action taken by Holder the Beneficiary pursuant to this Section, Holder the Beneficiary shall not he be liable for any loss sustained by Grantor resulting from any failure to let the Mortgaged Property or any part thereof, or from any act or omission of Holder the Beneficiary in managing the Mortgaged Property unless such loss is caused by the gross negligence, negligence or willful misconduct, or misconduct and bad faith of Holderthe Beneficiary, nor shall Holder the Beneficiary be obligated to perform or discharge any obligation, duty or liability of Grantor arising under any lease or other agreement relating to the Mortgaged Property or arising under any Permitted Encumbrance or otherwise arising. Grantor hereby assents to, ratifies and confirms any and all actions of Holder the Beneficiary with respect to the Mortgaged Property taken under this Section.

Entry on Mortgaged Property. Holder Grantee is authorized, prior or subsequent to the institution of any foreclosure proceedings, to the fullest extent permitted by applicable law, to enter upon the Mortgaged Property, or any part thereof, and to take possession of the Mortgaged Property and all books and records relating thereto, and to exercise without interference from Grantor any and all rights which Grantor has with respect to the management, possession, operation, protection or preservation of the Mortgaged Property. Holder Grantee shall not be deemed to have taken possession of the Mortgaged Property or any part thereof except upon the exercise of its right to do so, and then only to the extent evidenced by its demand and overt act specifically for such purpose. All costs, expenses and liabilities of every character incurred by ▇▇▇▇▇▇ Grantee in managing, operating, maintaining, protecting or preserving the Mortgaged Property shall constitute a demand obligation of Grantor (which obligation Grantor hereby promises to pay) to Holder Grantee pursuant to this MortgageDeed of Trust. If necessary to obtain the possession provided for above. Holder , Grantee may invoke any and all legal remedies to dispossess Grantor. In connection with any action taken by Holder Grantee pursuant to this Section, Holder Grantee shall not he be liable for any loss sustained by Grantor resulting from any failure to let the Mortgaged Property or any part thereof, or from any act or omission of Holder Grantee in managing the Mortgaged Property unless such loss is caused by the gross negligence, willful misconduct, or misconduct and bad faith of HolderGrantee (provided that Grantee shall be liable only for loss caused by its own willful misconduct and bad faith), nor shall Holder Grantee be obligated to perform or discharge any obligation, duty or liability of Grantor arising under any lease or other agreement relating to the Mortgaged Property or arising under any of the Permitted Encumbrance Encumbrances or otherwise arising. Grantor hereby assents to, ratifies and confirms any and all actions of Holder Grantee with respect to the Mortgaged Property taken under this Section.

Entry on Mortgaged Property. Holder is authorized, prior or subsequent (i) Demand that Borrower shall forthwith surrender to Lender the institution actual possession of any foreclosure proceedings, to the fullest extent permitted by applicable law, to enter upon the Mortgaged Property, or any part thereof, and to the extent permitted by law, enter and take possession of all of the Mortgaged Property and all books and records relating theretowithout the appointment of a receiver, or an application therefor, and to exercise without interference from Grantor any exclude Borrower and all rights which Grantor has its agents and employees wholly therefrom, and have joint access with respect Borrower to the managementbooks, possession, operation, protection papers and accounts of Borrower. (ii) If Borrower shall for any reason fail to surrender or preservation of the Mortgaged Property. Holder shall not be deemed to have taken possession of deliver the Mortgaged Property or any part thereof except after such demand by Lender, Lender may seek a judgment or decree conferring upon Lender the exercise of its right to do so, and then only immediate possession or requiring Borrower to the extent evidenced by its demand and overt act specifically for such purpose. All costs, expenses and liabilities deliver immediate possession of every character incurred by ▇▇▇▇▇▇ in managing, operating, maintaining, protecting or preserving the Mortgaged Property to Lender, and Borrower hereby specifically covenants and agrees that Borrower shall constitute a demand obligation of Grantor (which obligation Grantor hereby promises to pay) to Holder pursuant to this Mortgage. If necessary not oppose, contest or otherwise hinder or delay Lender in any action or proceeding by Lender to obtain the possession provided for abovesuch judgment or decree. Holder may invoke any Borrower shall pay to Lender, upon demand, all expenses of obtaining such judgment or decree, including reasonable compensation to Lender, its attorneys and agents, and all legal remedies to dispossess Grantor. In connection with any action taken such expenses and compensation shall, until paid, become part of the Indebtedness and shall be secured by Holder pursuant to this SectionSecurity Deed. (iii) Upon every such entering upon or taking of possession, Holder shall not he liable for any loss sustained by Grantor resulting from any failure to let Lender may hold, store, use, operate, manage and control the Mortgaged Property or any part and conduct the business thereof, and, from time to time, (A) make all necessary and proper maintenance, repairs, renewals, replacements, additions, betterments and improvements thereto and thereon and purchase or from any act otherwise acquire additional fixtures, personalty and other property, (B) insure or omission of Holder in managing keep the Mortgaged Property unless such loss is caused by the gross negligenceinsured, willful misconduct, or bad faith of Holder, nor shall Holder be obligated to perform or discharge any obligation, duty or liability of Grantor arising under any lease or other agreement relating to (C) manage and operate the Mortgaged Property or arising under any Permitted Encumbrance and exercise all the rights and powers of Borrower to the same extent Borrower could in its own name or otherwise arising. Grantor hereby assents to, ratifies and confirms any and all actions of Holder act with respect to the same, and (D) enter into any and all agreements with respect to the exercise by others of any of the powers herein granted to Lender, all as Lender from time to time may determine to be in its best interest. Anything in this Security Deed to the contrary notwithstanding, Lender shall not be obligated to discharge or perform the duties of the landlord to any Tenant or incur any liability as the result of any exercise by Lender of its rights under this Security Deed, and Lender shall be liable to account only for the Rents actually received by Lender. (iv) Make, modify, enforce, cancel or accept surrender of any Lease, remove and evict any Tenant, increase or decrease Rents under any Lease, appear in and defend any action or proceeding purporting to affect the Mortgaged Property, and perform and discharge each and every obligation, covenant and agreement of Borrower contained in any Lease, whether or not Lender takes possession of the Mortgaged Property. (v) Neither the entering upon and taking possession of the Mortgaged Property, nor the collection of any Rents and the application thereof as aforesaid, shall cure or waive any Event of Default theretofore or thereafter occurring, or affect any notice of an Event of Default hereunder or invalidate any act done pursuant to any such notice. Lender shall not be liable to Borrower, anyone claiming under or through Borrower, or anyone having an interest in the Mortgaged Property taken under by reason of anything done or left undone by Lender hereunder. Nothing contained in this Section.Paragraph 6.1

Entry on Mortgaged Property. Holder is authorized, prior or subsequent (i) Demand that Borrower shall forthwith surrender to Lender the institution actual possession of any foreclosure proceedings, to the fullest extent permitted by applicable law, to enter upon the Mortgaged Property, or any part thereof, and to the extent permitted by law, enter and take possession of all of the Mortgaged Property and all books and records relating theretowithout the appointment of a receiver, or an application therefor, and to exercise without interference from Grantor any exclude Borrower and all rights which Grantor has its agents and employees wholly therefrom, and have joint access with respect Borrower to the managementbooks, possession, operation, protection papers and accounts of Borrower. (ii) If Borrower shall for any reason fail to surrender or preservation of the Mortgaged Property. Holder shall not be deemed to have taken possession of deliver the Mortgaged Property or any part thereof except after such demand by Lender, Lender may seek a judgment or decree conferring upon Lender the exercise of its right to do so, and then only immediate possession or requiring Borrower to the extent evidenced by its demand and overt act specifically for such purpose. All costs, expenses and liabilities deliver immediate possession of every character incurred by ▇▇▇▇▇▇ in managing, operating, maintaining, protecting or preserving the Mortgaged Property to Lender, and Borrower hereby specifically covenants and agrees that Borrower shall constitute a demand obligation of Grantor (which obligation Grantor hereby promises to pay) to Holder pursuant to this Mortgage. If necessary not oppose, contest or otherwise hinder or delay Lender in any action or proceeding by Lender to obtain such judgment or decree. Borrower shall pay to Lender, upon demand, all expenses of obtaining such judgment or decree, including reasonable compensation to Lender, its attorneys and agents, and all such expenses and compensation shall, until paid, become part of the possession provided for above. Holder Indebtedness and shall be secured by this Security Deed. (iii) Upon every such entering upon or taking of possession, Lender may invoke hold, store, use, operate, manage and control the Mortgaged Property and conduct the business thereof, and, from time to time, (A) make all necessary and proper maintenance, repairs, renewals, replacements, additions, betterments and improvements thereto and thereon and purchase or otherwise acquire additional fixtures, personalty and other property, (B) insure or keep the Mortgaged Property insured, (C) manage and operate the Mortgaged Property and exercise all the rights and powers of Borrower to the same extent Borrower could in its own name or otherwise act with respect to the same, and (D) enter into any and all legal remedies agreements with respect to dispossess Grantorthe exercise by others of any of the powers herein granted to Lender, all as Lender from time to time may determine to be in its best interest. In connection with Anything in this Security Deed to the contrary notwithstanding, Lender shall not be obligated to discharge or perform the duties of the landlord to any Tenant or incur any liability as the result of any exercise by Lender of its rights under this Security Deed, and Lender shall be liable to account only for the Rents actually received by Lender. (iv) Make, modify, enforce, cancel or accept surrender of any Lease, remove and evict any Tenant, increase or decrease Rents under any Lease, appear in and defend any action taken by Holder or proceeding purporting to affect the Mortgaged Property, and perform and discharge each and every obligation, covenant and agreement of Borrower contained in any Lease, whether or not Lender takes possession of the Mortgaged Property. (v) Neither the entering upon and taking possession of the Mortgaged Property, nor the collection of any Rents and the application thereof as aforesaid, shall cure or waive any Event of Default theretofore or thereafter occurring, or affect any notice of an Event of Default hereunder or invalidate any act done pursuant to this Section, Holder any such notice. Lender shall not he be liable for any loss sustained by Grantor resulting from any failure to let Borrower, anyone claiming under or through Borrower, or anyone having an interest in the Mortgaged Property by reason of anything done or left undone by Lender hereunder. Nothing contained in this Paragraph 6.1(c) shall require Lender to incur any part thereof, expense or from do any act or omission act. If the Rents are not sufficient to meet the costs of Holder in taking control of and managing the Mortgaged Property unless and/or collecting the Rents, any funds expended by Lender for such loss purposes shall become Indebtedness of Borrower to Lender secured by this Security Deed. Such amounts, together with interest at the Default Rate under the Note and attorneys’ fees, if applicable, shall be immediately due and payable. Notwithstanding Lender’s continuance in possession or receipt and application of Rents, Lender shall be entitled to exercise every right provided for in this Security Deed or by law upon or after the occurrence of an Event of Default. Any of the actions referred to in this Paragraph 6. 1 (c) may be taken by Lender at such time as Lender is caused by so entitled, without regard to the gross negligenceadequacy of any security for the Indebtedness hereby secured. (vi) In the event that all interest, willful misconduct, or bad faith of Holder, nor shall Holder be obligated to perform or discharge any obligation, duty or liability of Grantor arising deposits and principal installments and other sums due under any lease or of the terms, covenants, conditions and agreements of this Security Deed and the other agreement relating to Loan Documents shall be paid and all Events of Default shall be cured, and as a result thereof Lender surrenders possession of the Mortgaged Property or arising under to Borrower, the same right herein given to Lender shall continue to exist if any Permitted Encumbrance or otherwise arising. Grantor hereby assents to, ratifies and confirms any and all actions subsequent Events of Holder with respect to the Mortgaged Property taken under this SectionDefault shall occur.