Common use of Entry on Mortgaged Property Clause in Contracts

Entry on Mortgaged Property. 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. 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 the Beneficiary pursuant to this Deed of Trust. If necessary to obtain the possession provided for above, the Beneficiary may invoke any and all legal remedies to dispossess Grantor. In connection with any action taken by the Beneficiary pursuant to this Section, the Beneficiary shall not 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 the Beneficiary in managing the Mortgaged Property unless such loss is caused by the gross negligence or willful misconduct and bad faith of the Beneficiary, nor shall 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 the Beneficiary with respect to the Mortgaged Property taken under this Section.

Entry on Mortgaged Property. The Beneficiary Grantee 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. The Beneficiary 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 the Beneficiary Grantee 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 the Beneficiary Grantee pursuant to this Deed of Trust. If necessary to obtain the possession provided for above, the Beneficiary Grantee may invoke any and all legal remedies to dispossess Grantor. In connection with any action taken by the Beneficiary Grantee pursuant to this Section, the Beneficiary Grantee shall not 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 the Beneficiary Grantee in managing the Mortgaged Property unless such loss is caused by the gross negligence or willful misconduct and bad faith of the BeneficiaryGrantee (provided that Grantee shall be liable only for loss caused by its own willful misconduct and bad faith), nor shall the Beneficiary 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 the Beneficiary Grantee with respect to the Mortgaged Property taken under this Section.

Entry on Mortgaged Property. The Beneficiary Holder 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. The Beneficiary 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 the Beneficiary Xxxxxx 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 the Beneficiary Holder pursuant to this Deed of TrustMortgage. If necessary to obtain the possession provided for above, the Beneficiary . Holder may invoke any and all legal remedies to dispossess Grantor. In connection with any action taken by the Beneficiary Holder pursuant to this Section, the Beneficiary Holder shall not be 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 the Beneficiary Holder in managing the Mortgaged Property unless such loss is caused by the gross negligence negligence, willful misconduct, or willful misconduct and bad faith of the BeneficiaryHolder, nor shall the Beneficiary 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 the Beneficiary Holder with respect to the Mortgaged Property taken under this Section.

Entry on Mortgaged Property. The Beneficiary Administrative Lender 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. The Beneficiary 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 the Beneficiary Administrative Lender 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 the Beneficiary Administrative Lender pursuant to this Deed of TrustMortgage. If necessary to obtain the possession provided for above, the Beneficiary Administrative Lender may invoke any and all legal remedies to dispossess Grantor. In connection with any action taken by the Beneficiary Administrative Lender pursuant to this Section, the Beneficiary Administrative Lender shall not 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 the Beneficiary Administrative Lender in managing the Mortgaged Property unless such loss is caused by the gross negligence or willful misconduct and bad faith of the BeneficiaryAdministrative Lender, nor shall the Beneficiary 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 the Beneficiary Administrative Lender with respect to the Mortgaged Property taken under this SectionSection 5.1.