No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "mortgagee in possession" in the absence of the taking of actual possession of the Property by Lender. In the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by Borrower.
Appears in 15 contracts
Samples: Assumption and Release Agreement (Blue Ridge Real Estate Co), Assignment of Leases And (Lodging Fund REIT III, Inc.), Bluerock Residential Growth REIT, Inc.
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "“mortgagee in possession" ” in the absence of the taking of actual possession of the Property by Lender. In the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by Borrower.
Appears in 7 contracts
Samples: Mortgage And (Paladin Realty Income Properties Inc), Associates (Taubman Centers Inc), Behringer Harvard Reit I Inc
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "mortgagee in possession" in the absence of the taking of actual possession of the Mortgaged Property by Lender. In the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by Borrower.
Appears in 2 contracts
Samples: Inland Real Estate Income Trust, Inc., Loan Agreement (Coolbrands International Inc)
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "“mortgagee in possession" ” in the absence of the taking of actual possession of the Property by Lender. In the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by BorrowerAssignor.
Appears in 2 contracts
Samples: Assignment Agreement (Standard Microsystems Corp), Senior Loan Agreement (Hyatt Hotels Corp)
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "“mortgagee in possession" ” in the absence of the taking of actual possession of the Property by LenderLxxxxx. In the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by Borrower.
Appears in 2 contracts
Samples: Everest Hickory (Secured Investment Resources Fund Lp Ii), Moody National REIT I, Inc.
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "mortgagee in possession" in the absence of the taking of actual possession of the Property by Lender. In Except as set forth herein or under applicable law, in the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by Borrower.
Appears in 1 contract
Samples: Koger Equity Inc
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "mortgagee in possession" in the absence of the taking of actual possession of the Property by Lender. In the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by BorrowerBorrower unless caused by Lender's gross negligence, bad faith or willful misconduct.
Appears in 1 contract
Samples: Cedar Shopping Centers Inc
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "“mortgagee in possession" ” in the absence of the taking of actual possession of the Property by Lender. In the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by Borrower, unless caused by the gross negligence, willful misconduct or bad faith of Lender or its agents, employees or Affiliates.
Appears in 1 contract
Samples: Alexanders Inc
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "“mortgagee in possession" ” in the absence of the taking of actual possession of the Property Premises by Lender. In the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by BorrowerAssignor.
Appears in 1 contract
Samples: NNN 2003 Value Fund LLC
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "“mortgagee in possession" ” in the absence of the taking of actual possession of the Property by Lender. In Except as set forth herein or under applicable law, in the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by Borrower.
Appears in 1 contract
Samples: Koger Equity Inc
No Mortgagee in Possession. (a) Nothing herein contained shall be construed as constituting Lender a "“mortgagee in possession" ” in the absence of the taking of actual possession of the Property by Lender. In the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by Borrower.
Appears in 1 contract
Samples: Behringer Harvard Reit I Inc
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "mortgagee in possession" in the absence of the taking of actual possession of the Property by Lender. In the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by each Borrower.
Appears in 1 contract
Samples: Ventas Inc
