Common use of No Mortgagee in Possession Clause in Contracts

No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Agent a “mortgagee in possession” in the absence of the taking of actual possession of the Property by Agent. In the exercise of the powers herein granted to Agent, no liability shall be asserted or enforced against Agent, all such liability being expressly waived and released by Assignor.

Appears in 15 contracts

Samples: Credit Agreement (Behringer Harvard Reit I Inc), Assignment and Acceptance Agreement (Republic Property Trust), Joinder Agreement (Dupont Fabros Technology, Inc.)

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No Mortgagee in Possession. Nothing herein contained shall be construed -------------------------- as constituting Agent a "mortgagee in possession" in the absence of the taking of actual possession of the Property by Agent. In the exercise of the powers herein granted to Agent, no liability shall be asserted or enforced against Agent, all such liability being expressly waived and released by Assignor.

Appears in 1 contract

Samples: Indemnity Agreement (JDN Realty Corp)

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No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Agent a "mortgagee in possession" in the absence of the taking of actual possession of the Property by Agent. In the exercise of the powers herein granted to Agent, no liability shall be asserted or enforced against Agent, all such liability being expressly waived and released by Assignor.

Appears in 1 contract

Samples: Master Credit Agreement (JDN Realty Corp)

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