Mortgagee in Possession. Borrower hereby confirms and agrees that notwithstanding the provisions of this Agreement, Borrower retains sole control of the operation and maintenance of the Property, subject to the obligations of Borrower under the Deed of Trust, the Assignment of Leases and Rents and the other Loan Documents, and Lender is not and shall not be deemed to be a mortgagee in possession.
Appears in 4 contracts
Samples: Security Agreement and Fixture Filing (MPG Office Trust, Inc.), Waiver and Agreement (Maguire Properties Inc), Cash Management Agreement (Maguire Properties Inc)
Mortgagee in Possession. Borrower hereby confirms and agrees that notwithstanding the provisions of this Agreement, Borrower retains sole control of the operation and maintenance of the Property, subject to the obligations of Borrower under the Deed of TrustLoan Agreement, the Assignment of Leases and Rents and the other Loan Documents, and Lender is not and shall not be deemed to be a mortgagee in possession.
Appears in 3 contracts
Samples: Cash Management Agreement (Golf Ventures Inc), Loan Agreement (Maguire Properties Inc), Cash Management Agreement (Golf Ventures Inc)
Mortgagee in Possession. Borrower hereby confirms and agrees that notwithstanding the provisions of this Agreement, Borrower retains sole control of the operation and maintenance of the Property, subject to the obligations of Borrower under the Deed of TrustMortgage, the Mortgage, the Assignment of Leases and Rents and the other Loan Documents, and Lender is not and shall not be deemed to be a mortgagee in possession.
Appears in 1 contract
Samples: Cash Management and Security Agreement (Emeritus Corp\wa\)
Mortgagee in Possession. Borrower hereby confirms and agrees that notwithstanding the provisions of this Agreement, Borrower retains sole control of the operation and maintenance of the Property, subject to the obligations of Borrower under the Deed of TrustMortgage, the Mortgage, the Assignment of Leases and Rents and the other Loan Documents, and Lender Holder is not and shall not be deemed to be a mortgagee in possession.
Appears in 1 contract
Samples: Cash Management Agreement (First Union Real Estate Equity & Mortgage Investments)
Mortgagee in Possession. Borrower hereby confirms and agrees that notwithstanding the provisions of this Agreement, Borrower retains sole control of the operation and maintenance of the Property, subject to the obligations of Borrower under the Deed of Trust, the Assignment of Leases and Rents and the other Loan Documents, and Lender is not and shall not be deemed to be a mortgagee in possession. SECTION 16.
Appears in 1 contract
