Common use of Mortgagee's Right to Perform Clause in Contracts

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of Mortgagor contained herein, within the applicable grace period, if any, provided for in the Credit Agreement, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage may, (but shall be under no obligation to) at any time upon delivery of written notice to Mortgagor pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall be due on demand from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor’s default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of Mortgagor contained herein, within the applicable grace period, if any, provided for in the Credit Agreement, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage may, may (but shall be under no obligation to) ), at any time upon delivery of written notice to Mortgagor pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall be due on demand from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor’s default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If the Mortgagor fails to perform any of the covenants or agreements of Mortgagor contained hereinthe Mortgagor, within the applicable grace period, if any, provided for in the Credit Agreement, Mortgagee, without waiving or releasing the Mortgagor from any obligation or default under this Mortgage Mortgage, may, at any time (but shall be under no obligation to) at any time upon delivery of written notice to Mortgagor pay or perform the same, and the amount or cost thereof, with interest at the Default RateRate from the date of payment by Mortgagee, shall immediately be due on demand from the Mortgagor to the Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, in or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by the Mortgagee under this Section shall be deemed or construed to cure the Mortgagor’s 's default or waive any right or remedy of the Mortgagee.

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of Mortgagor contained herein, within the applicable grace period, if any, provided for in the Credit AgreementMortgagor, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage mayMortgage, may (but shall be under no obligation to), upon thirty (30) at any time upon delivery of days' prior written notice to Mortgagor (unless an emergency would warrant shorter notice) pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due on demand from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, in or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor’s default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of Mortgagor contained herein, within the applicable grace period, if any, provided for in the Credit Agreementtime period specified herein, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage Mortgage, may, at any time (but shall be under no obligation to) at any time upon delivery of written five (5) days’ notice to Mortgagor Mortgagor, pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due on demand from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, in or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor’s default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of Mortgagor contained hereinMortgagor, within the applicable grace period, if any, provided for in the Credit Agreement, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage Mortgage, may, at any time upon 5 business days' notice to Mortgagor (but shall be under no obligation to) at any time upon delivery of written notice to Mortgagor pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due on demand from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor’s 's default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of Mortgagor contained hereinMortgagor, within the applicable grace period, if any, provided for in the Credit AgreementIndenture, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage Mortgage, may, at any time upon 5 days’ notice to Mortgagor (but shall be under no obligation to) at any time upon delivery of written notice to Mortgagor ), pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due on demand from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor’s default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of Mortgagor contained hereinMortgagor, within the applicable grace periodthen, if any, provided for in the Credit Agreementafter any required notice and cure periods, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage Mortgage, may, at any time (but shall be under no obligation to) at any time upon delivery of written notice to Mortgagor pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due on demand from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, in or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor’s 's default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of Mortgagor contained hereinMortgagor, within the applicable grace period, if any, provided for in the Credit Agreement, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage Mortgage, may, at any time upon five (5) Business Days’ notice to Mortgagor (but shall be under no obligation to) at any time upon delivery of written notice to Mortgagor pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due on demand from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien Lien on the Mortgaged Property prior to any right, title to, interest in, or claim upon the Mortgaged Property attaching subsequent to the lien Lien of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor’s default Event of Default after notice of such Event of Default has been given by Mortgagee or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of Mortgagor contained hereinor Mortgagee, within the applicable grace periodas applicable, if any, provided for in the Credit Agreement, Mortgageethen, without waiving or releasing Mortgagor from any obligation or default under this Mortgage Mortgage, Mortgagee may, at any time after the occurrence and during the continuance of an Event of Default (but shall be under no obligation to) at any time upon delivery of written notice to Mortgagor pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due on demand from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien an encumbrance on the Mortgaged Property prior to any right, title to, interest in, in or claim upon the Mortgaged Property attaching subsequent to the lien date of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor’s default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of Mortgagor contained hereinin the Loan Documents, within the applicable grace period, if any, provided for in the Credit Agreement, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage Mortgage, may, at any time upon ten (10) days’ notice to Mortgagor (but shall be under no obligation to) at any time upon delivery of written notice to Mortgagor pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due on demand from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor’s default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of Mortgagor contained herein, within the applicable grace period, if any, provided for in the Amended and Restated Credit Agreement, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage may, (but shall be under no obligation to) at any time upon delivery of written notice to Mortgagor pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall be due on demand from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor’s default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of Mortgagor contained hereinMortgagor, within the applicable grace period, if any, provided for in the Credit Agreement, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage mayMortgage, may (but shall be under no obligation to) ), at any time upon delivery of 10 Business Days’ written notice to Mortgagor pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due on demand from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor’s default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of Mortgagor contained hereinin the Loan Documents, within the applicable grace period, if any, provided for in the Credit Agreement, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage Mortgage, may, at any time upon five (5) days’ notice to Mortgagor (but shall be under no obligation to) at any time upon delivery of written notice to Mortgagor pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due on demand from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor’s default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of Mortgagor contained hereinMortgagor, within the applicable grace period, if any, provided for in the Credit AgreementPurchase Agreement or any other Transaction Document, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage Mortgage, may, (but shall be under no obligation to) at any time upon delivery of written notice to Mortgagor (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall be due on demand from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor’s default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of Mortgagor contained hereinunder this Mortgage, within the applicable grace period, if any, provided for in the Credit Agreement, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage Mortgage, may, at any time upon 10 days’ written notice to Mortgagor (but shall be under no obligation to) at any time upon delivery of written notice to Mortgagor pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due on demand from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor’s default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of Mortgagor contained hereinMortgagor, within the applicable grace period, if any, provided for in the Credit Agreement, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage Mortgage, may, at any time upon 5 days' notice to Mortgagor (but shall be under no obligation to) at any time upon delivery of written notice to Mortgagor pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due on demand from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor’s 's default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of Mortgagor contained hereinMortgagor, within the applicable grace period, if any, provided for in the Credit Agreement, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage Mortgage, may, at any time upon 5 days’ notice to Mortgagor (but shall be under no obligation to) at any time upon delivery of written notice to Mortgagor pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due on demand from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor’s default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of Mortgagor contained hereinMortgagor, within the applicable grace period, if any, provided for in the Credit AgreementLoan Documents, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage Mortgage, may, at any time upon 30 days’ notice to Mortgagor (but shall be under no obligation to) at any time upon delivery of written notice to Mortgagor pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due on demand from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor’s default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of Mortgagor contained hereinMortgagor, within the applicable grace period, if any, provided for in the Credit Agreementand such failure has become an Event of Default and is continuing, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage Mortgage, may, at any time (but shall be under no obligation to) at any time upon delivery of written notice to Mortgagor pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, to the fullest extent permitted by applicable law, shall immediately be due on demand from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, in or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor’s 's default or waive any right or remedy of Mortgagee.