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 hereunder (other than with respect to the failure to maintain insurance as required hereunder, in which case Mortgagee can immediately perform), and such failure constitutes an Event of Default, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, Mortgagee may, at any time (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the rate provided for in the Credit Agreement, shall constitute Protective Advances 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 or performance rendered by Mortgagee under this Section 129 shall be deemed or construed to cure any default or Event of Default or waive any right or remedy of Mortgagee.

Appears in 2 contracts

Samples: Intercreditor Agreement (Supervalu Inc), Credit Agreement (Supervalu Inc)

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Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of Mortgagor hereunder (other than with respect to the failure to maintain insurance as required hereunder, in which case Mortgagee can immediately perform), and such failure constitutes an Event of Default, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, Mortgagee may, at any time (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the rate provided for in the Credit Agreement, shall constitute Protective Advances 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 or performance rendered by Mortgagee under this Section 129 1221 shall be deemed or construed to cure any default or Event of Default or waive any right or remedy of Mortgagee.

Appears in 1 contract

Samples: Credit Agreement (Supervalu Inc)

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Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of Mortgagor hereunder (other than with respect to the failure to maintain insurance as required hereunder, in which case Mortgagee can immediately perform), and such failure constitutes an Event of Default, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, Mortgagee may, at any time (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the rate provided for in the Credit Agreement, shall constitute Protective Advances 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 or performance rendered by Mortgagee under this Section 129 12(10) shall be deemed or construed to cure any default or Event of Default or waive any right or remedy of Mortgagee.

Appears in 1 contract

Samples: Credit Agreement (Supervalu Inc)

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