Common use of No Mortgagee in Possession Clause in Contracts

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 4, the assignment of the Rents and Leases under Article 5, the security interests under Article 6, nor any other remedies afforded to Beneficiary under the Loan Documents, at law or in equity shall cause Beneficiary or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Beneficiary or Trustee to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 5 contracts

Samples: Security Agreement and Fixture Filing (KBS Strategic Opportunity REIT, Inc.), Deed of Trust and Security Agreement (NNN 2003 Value Fund LLC), Security Agreement and Fixture Filing (360 Global Wine Co)

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No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 4, the assignment of the Rents and Leases under Article 5, the security interests under Article 6, nor any other remedies afforded to Beneficiary under the Loan Documents, at law or in equity shall cause Beneficiary or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Beneficiary or Trustee to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.. ASSIGNMENT OF LEASES and Rents

Appears in 5 contracts

Samples: Lease Agreement (Westway Group, Inc.), Lease Agreement (Westway Group, Inc.), Lease Agreement (Westway Group, Inc.)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 4, the assignment of the Rents and Leases under Article 5, the security interests under Article 6, nor any other remedies afforded to Beneficiary or the Lenders under the Loan Documents, at law or in equity shall cause Beneficiary Beneficiary, Trustee, or Trustee any Lender to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Beneficiary Beneficiary, Trustee, or Trustee any Lender to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 4 contracts

Samples: Maxxam Inc, Maxxam Inc, Maxxam Inc

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 4, the assignment of the Leases and Rents and Leases under Article 5, the security interests under Article 6, nor any other remedies afforded to Beneficiary under the Loan Documents, at law or in equity shall cause Beneficiary or Trustee to be deemed or construed to be a mortgagee in mortgagee-in-possession of the Mortgaged PropertyCollateral, to obligate Beneficiary or Trustee to lease the Mortgaged Property Collateral or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 3 contracts

Samples: , Security Agreement (Mission West Properties Inc), , Security Agreement (Mission West Properties Inc), Security Agreement (Jubilant Generics Inc.)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 45, the assignment of the Rents and Leases under Article 56, the security interests under Article 67, nor any other remedies afforded to Beneficiary or the Lenders under the Loan Documents, at law or in equity shall cause Beneficiary Beneficiary, Trustee, or Trustee any Lender to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Beneficiary Beneficiary, Trustee, or Trustee any Lender to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 3 contracts

Samples: Credit Agreement (Skilled Healthcare Group, Inc.), Credit Agreement (Skilled Healthcare Group, Inc.), Security Agreement (Ackerley Group Inc)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 45, the assignment of the Rents rents and Leases leases under Article 56, the security interests under Article 67, nor any other remedies afforded to Beneficiary under the Loan Indebtedness Documents, at law or in equity shall cause Beneficiary or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Trust Property, to obligate Beneficiary or Trustee to lease the Mortgaged Trust Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 3 contracts

Samples: Fixture Filing and Security Agreement (GNLV Corp), Fixture Filing and Security Agreement (GNLV Corp), Fixture Filing and Security Agreement (GNLV Corp)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 4Article, the assignment of the Rents and Leases under Article 54, the security interests under Article 65, nor any other remedies afforded to Trustee or Beneficiary under the Loan Documents, at law or in equity shall cause Trustee or Beneficiary or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Trustee or Beneficiary or Trustee to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 3 contracts

Samples: M & F Worldwide Corp, M & F Worldwide Corp, M & F Worldwide Corp

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 45, the assignment of the Rents and Leases under Article 56, the security interests under Article 67, nor any other remedies afforded to Beneficiary under the Loan Documents, at law or in equity shall cause Beneficiary or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Trust Property, to obligate Beneficiary or Trustee to lease the Mortgaged Trust Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 2 contracts

Samples: Fixture Filing and Security Agreement (GNLV Corp), Leases and Security Agreement (Interdent Inc)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 4, the assignment of the Rents and Leases under Article 5, the security interests under Article 6, nor any other remedies afforded to Beneficiary Mortgagee under the Loan Documents, at law or in equity shall cause Beneficiary or Trustee Mortgagee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Beneficiary or Trustee Mortgagee to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.. ASSIGNMENT OF LEASES and Rents

Appears in 2 contracts

Samples: Open End Mortgage, Security Agreement (Westway Group, Inc.), Open End Mortgage, Security Agreement (Westway Group, Inc.)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 45, the assignment of the Rents and Leases under Article 56, the security interests under Article 67, nor any other remedies afforded to Beneficiary hereunder or under the Loan DocumentsCollateral Trust Agreement, or at law or in equity shall cause Beneficiary or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Beneficiary or Trustee to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 2 contracts

Samples: Security Agreement (Consol Energy Inc), Collateral Trust Agreement (Consol Energy Inc)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 4, the assignment of the Rents and Leases under Article 5, the security interests under Article 6, nor any other remedies afforded to Beneficiary under the Loan Documents, at law or in equity shall cause Beneficiary or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Beneficiary or Trustee to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 2 contracts

Samples: Windrose Medical Properties Trust, Behringer Harvard Short Term Opportunity Fund I Lp

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 45, the assignment of the Rents and Leases under Article 56, the security interests under Article 67, nor any other remedies afforded to Beneficiary hereunder or under the Loan DocumentsCollateral Trust Agreement, or at law or in equity shall cause Trustee or Beneficiary or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Trustee or Beneficiary or Trustee to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 2 contracts

Samples: Collateral Trust Agreement (Consol Energy Inc), Security Agreement (Consol Energy Inc)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 45, the assignment of the Rents rents and Leases leases under Article 56, the security interests under Article 67, nor any other remedies afforded to Beneficiary under the Loan Documents, at law or in equity shall cause Beneficiary or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Trust Property, to obligate Beneficiary or Trustee to lease the Mortgaged Trust Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 2 contracts

Samples: Fixture Filing and Security Agreement (GNLV Corp), Fixture Filing and Security Agreement (GNLV Corp)

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No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 45, the assignment of the Rents and Leases under Article 56, the security interests under Article 67, nor any other remedies afforded to Beneficiary under the Loan Documents, at law or in equity shall cause Beneficiary Beneficiary, any of the Lenders or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Beneficiary Beneficiary, any of the Lenders or Trustee to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 1 contract

Samples: Security Agreement (Arterial Vascular Engineering Inc)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 45, the assignment of the Rents and Leases under Article 56, the security interests under Article 67, nor any other remedies afforded to Beneficiary Beneficiary, any Lender under the Loan Note Documents, at law or in equity shall cause Beneficiary or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Beneficiary Beneficiary, any Lender or Trustee to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 1 contract

Samples: Escrow Agreement (Icg Communications Inc /De/)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 45, the assignment of the Rents and Leases under Article 56, the security interests under Article 67, nor any other remedies afforded to Agent or Beneficiary under the Loan Financing Documents, at law or in equity shall cause Agent or Beneficiary or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Agent or Beneficiary or Trustee to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 1 contract

Samples: , and Security Agreement (Otr Express Inc/Ks)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 4, the assignment of the Rents and Leases under Article 5, the security interests under Article 6, nor any other remedies afforded to Beneficiary under the Loan Documents, at law or in equity shall cause Beneficiary or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Beneficiary or Trustee to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 1 contract

Samples: Credit Agreement (Uap Holding Corp)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 4, the assignment of the Rents and Leases under Article 5, the security interests under Article 6, nor any other remedies afforded to Beneficiary under the Loan Documents, at law or in equity shall cause Beneficiary or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Beneficiary or Trustee to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.. ARTICLE 5

Appears in 1 contract

Samples: Winston Hotels Inc

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 45 (other than pursuant to Section 5.1(c) hereof), the assignment of the Rents and Leases under Article 56, the security interests under Article 67, nor any other remedies afforded to Beneficiary under the Loan Documents, at law or in equity shall cause Beneficiary or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Trust Property, to obligate Beneficiary or Trustee to lease the Mortgaged Trust Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Erickson Air-Crane Inc.)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 45, the assignment of the Rents and Leases under Article 56, the security interests under Article 67, nor any other remedies afforded to Beneficiary Beneficiary, any Lender under the Loan Documents, at law or in equity shall cause Beneficiary or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Beneficiary Beneficiary, any Lender or Trustee to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 1 contract

Samples: Security Agreement (Icg Communications Inc /De/)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 45 (other than pursuant to Section 5.1(c) hereof), the assignment of the Rents and Leases under Article 56, the security interests under Article 67, nor any other remedies afforded to Beneficiary under the Loan Secured Documents, at law or in equity shall cause Beneficiary or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Trust Property, to obligate Beneficiary or Trustee to lease the Mortgaged Trust Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 1 contract

Samples: Intercreditor Agreement (Erickson Air-Crane Inc.)

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