Common use of Possession of the Mortgaged Property Clause in Contracts

Possession of the Mortgaged Property. Following the occurrence and during the continuance of any Event of Default hereunder and upon demand by Xxxxxx at its option, Xxxxxxxx shall immediately surrender or cause the surrender of possession of the interest of Xxxxxxxx in the Premises to Lender. If Borrower or any other occupant is permitted to remain in possession, such possession shall be as tenant of Lender and such occupant: (i) shall on demand pay to Lender monthly, in advance, reasonable use and occupancy charges for the space so occupied; and (ii) in default thereof, may be dispossessed by the usual summary proceedings. Following the occurrence and during the continuance of any Event of Default and upon demand by Xxxxxx, Borrower shall assemble any Collateral that constitutes personal property and has been removed from the Land and make it available at the site of the Land. The covenants herein contained may be enforced by a receiver of the Mortgaged Property or any portion thereof. Nothing in this Section 4.02(l) shall be deemed a waiver of the provisions of this Deed of Trust prohibiting the sale or other disposition of the Mortgaged Property without the prior consent of Lender.

Appears in 3 contracts

Samples: Security Agreement and Fixture Filing (Kilroy Realty, L.P.), Security Agreement and Fixture Filing (Kilroy Realty, L.P.), Security Agreement and Fixture Filing (Kilroy Realty, L.P.)

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Possession of the Mortgaged Property. Following Upon the occurrence and during the continuance of any Event of Default hereunder and upon demand by Xxxxxx Lender at its option, Xxxxxxxx Trustor shall immediately surrender or cause the surrender of possession of the interest of Xxxxxxxx in the Premises to LenderLender subject to the Permitted Encumbrances. If Borrower or Except as expressly provided in any separate written agreement between Lender and any other occupant of the Premises, if Trustor or such occupant is permitted to remain in possession, such possession shall be as tenant of Lender and such occupant: occupant (i) shall on demand pay to Lender monthly, in advance, reasonable use and occupancy charges for the space so occupied; , and (ii) in default thereof, may be dispossessed by the usual summary proceedings. Following the occurrence and during the continuance of any Event of Default and upon demand by XxxxxxUpon demand, Borrower Trustor shall assemble any the Collateral that constitutes personal property and has been removed from the Land and make it available at the site Premises to allow Lender to take possession and/or dispose of the LandCollateral. The covenants herein contained may be enforced by a receiver of the Mortgaged Property or any portion thereof. Nothing in this Section 4.02(l4.03(k) shall be deemed a waiver of the provisions of this Deed of Trust prohibiting the sale or other disposition of the Mortgaged Property without Lender's consent except as and to the prior consent of Lenderextent expressly permitted in the Loan Documents.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement and Fixture Filing (Felcor Lodging Trust Inc)

Possession of the Mortgaged Property. Following Upon the occurrence and during the continuance of any Event of Default hereunder and upon demand by Xxxxxx Lender at its option, Xxxxxxxx Borrower shall immediately surrender or cause the surrender of possession of the interest of Xxxxxxxx in the Premises to Lender. If Borrower or any other occupant (other than tenants occupying space pursuant to the Leases) is permitted to remain in possession, such possession shall be as tenant of Lender and such occupant: (i) shall on demand pay to Lender monthly, in advance, reasonable use and occupancy charges for the space so occupied; and (ii) in default thereof, may be dispossessed by the usual summary proceedings. Following Upon the occurrence and during the continuance of any Event of Default and upon demand by XxxxxxLender, Borrower shall assemble any the Collateral that constitutes personal property and has been removed from the Land and make it available at the site any place Lender may designate to allow Lender to take possession and/or dispose of the LandCollateral. The covenants herein contained may be enforced by a receiver of the Mortgaged Property or any portion thereof. Nothing in this Section 4.02(l4.03(1) shall be deemed a waiver of the provisions of this Deed of Trust prohibiting the sale or other disposition of the Mortgaged Property without the prior consent of Lender.

Appears in 1 contract

Samples: Trust and Security Agreement and Fixture Filing (Behringer Harvard Opportunity REIT I, Inc.)

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Possession of the Mortgaged Property. Following Upon the occurrence and during the continuance of any Event of Default hereunder and upon demand by Xxxxxx Lender at its option, Xxxxxxxx Borrower shall immediately surrender or cause the surrender of possession of the interest of Xxxxxxxx in the Premises to LenderLender subject to the Permitted Encumbrances. If Except as expressly provided in any separate written agreement between Lender and any other occupant of the Premises, if Borrower or any other such occupant is permitted to remain in possession, such possession shall be as tenant of Lender and such occupant: occupant (i) shall on demand pay to Lender monthly, in advance, reasonable use and occupancy charges for the space so occupied; , and (ii) in default thereof, may be dispossessed by the usual summary proceedings. Following the occurrence and during the continuance of any Event of Default and upon demand by XxxxxxUpon demand, Borrower shall assemble any the Collateral that constitutes personal property and has been removed from the Land and make it available at the site Premises to allow Lender to take possession and/or dispose of the LandCollateral. The covenants herein contained may be enforced by a receiver of the Mortgaged Property or any portion thereof. Nothing in this Section 4.02(l4.03(k) shall be deemed a waiver of the provisions of this Deed of Trust prohibiting the sale or other disposition of the Mortgaged Property without Lender's consent except as and to the prior consent of Lenderextent expressly permitted in the Loan Documents.

Appears in 1 contract

Samples: Felcor Lodging Trust Inc

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