Common use of Protection of Security; Costs and Expenses Clause in Contracts

Protection of Security; Costs and Expenses. (A) In addition to any other rights or remedies of Lender hereunder, under any of the Related Agreements, or in law or in equity, upon the occurrence and during the continuance of an Event of Default (or prior thereto after notice to Borrower, when possible, if Borrower is not paying or performing the act itself and Lender determines in its sole good faith judgment that the same is appropriate to preserve the Property or the lien of this Security Deed or any other collateral securing the indebtedness evidenced by the Note, either before or after acceleration of the indebtedness) Lender may, but shall not be required to, make any payment or perform any act required to be performed by Borrower hereunder or under any of the Related Agreements in any form and manner deemed expedient to Lender, including, without limitation, if applicable: (1) paying any Impositions which remain unpaid; (2) procuring the release, discharge, compromise or settlement of any lien filed or otherwise asserted against the Property which has not been discharged by Borrower in accordance with the provisions of this Security Deed or any of the Related Agreements, and (3) obtaining insurance policies where insurance coverage was required to be obtained hereunder and the required evidence that Borrower had obtained the same has not been delivered to Lender as required hereunder. Nothing herein shall be construed to require Lender to advance or expend monies for any purpose mentioned herein, or for any other purpose.

Appears in 2 contracts

Samples: Debt and Security Agreement (Inland Western Retail Real Estate Trust Inc), Debt and Security Agreement (Inland Western Retail Real Estate Trust Inc)

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Protection of Security; Costs and Expenses. (A) In addition to any other rights or remedies of Lender Beneficiary hereunder, under any of the Related Agreements, or in law or in equity, upon the occurrence and during the continuance continuation of an Event of Default (or prior thereto after notice to BorrowerTrustor, when possible, if Borrower Trustor is not paying or performing the act itself and Lender Beneficiary determines in its sole good faith judgment that the same is appropriate necessary to preserve the Property or the lien of this Security Deed of Trust or any other collateral securing the indebtedness evidenced by the Note, either before or after acceleration of the indebtedness) Lender Beneficiary may, but shall not be required to, make any payment or perform any act required to be performed by Borrower Trustor hereunder or under any of the Related Agreements in any form and manner deemed expedient to LenderBeneficiary, including, without limitation, if applicable: (1i) paying any Impositions which remain unpaid; (2ii) procuring the release, discharge, compromise or settlement of any lien filed or otherwise asserted against the Property which has not been discharged by Borrower Trustor in accordance with the provisions of this Security Deed of Trust or any of the other Related Agreements, and (3iii) obtaining insurance policies where insurance coverage was required to be obtained hereunder and the required evidence that Borrower Trustor had obtained the same has not been delivered to Lender Beneficiary as required hereunder. Nothing herein shall be construed to require Lender Beneficiary to advance or expend monies for any purpose mentioned herein, or for any other purpose.

Appears in 1 contract

Samples: Fixture Filing (Amerivest Properties Inc)

Protection of Security; Costs and Expenses. (A) In addition to any other rights or remedies of Lender Beneficiary hereunder, under any of the Related Agreements, or in law or in equity, upon the occurrence and during the continuance continuation of an Event of Default (or prior thereto after notice to BorrowerTrustor, when possible, if Borrower Trustor is not paying or performing the act itself and Lender Beneficiary determines in its sole good faith judgment that the same is appropriate necessary to preserve the Property or the lien of this Security Deed of Trust or any other collateral securing the indebtedness evidenced by the NoteNotes, either before or after acceleration of the indebtedness) Lender Beneficiary may, but shall not be required to, make any payment or perform any act required to be performed by Borrower Trustor hereunder or under any of the Related Agreements in any form and manner deemed expedient to LenderBeneficiary, including, without limitation, if applicable: (1i) paying any Impositions which remain unpaid; (2ii) procuring the release, discharge, compromise or settlement of any lien filed or otherwise asserted against the Property which has not been discharged by Borrower Trustor in accordance with the provisions of this Security Deed of Trust or any of the other Related Agreements, and (3iii) obtaining insurance policies where insurance coverage was required to be obtained hereunder and the required evidence that Borrower Trustor had obtained the same has not been delivered to Lender Beneficiary as required hereunder. Nothing herein shall be construed to require Lender Beneficiary to advance or expend monies for any purpose mentioned herein, or for any other purpose.

Appears in 1 contract

Samples: Amerivest Properties Inc

Protection of Security; Costs and Expenses. (A) In addition to any other rights or remedies of Lender Mortgagee hereunder, under any of the Related Agreements, or in law or in equity, upon the occurrence and during the continuance existence of an Event of Default (or prior thereto after notice to BorrowerMortgagor, when possible, if Borrower Mortgagor is not paying or performing the act itself and Lender Mortgagee determines in its sole good faith judgment that the same is appropriate to preserve the Property or the lien of this Security Deed Mortgage or any other collateral securing the indebtedness evidenced by the Note, either before or after acceleration of the indebtedness) Lender Mortgagee may, but shall not be required to, make any payment or perform any act required to be performed by Borrower Mortgagor hereunder or under any of the Related Agreements in any form and manner deemed expedient to LenderMortgagee, including, without limitation, if applicable: applicable (1i) paying any Impositions which remain unpaid; (2ii) procuring the release, discharge, compromise or settlement of any lien filed or otherwise asserted against the Property which has not been discharged by Borrower Mortgagor in accordance with the provisions of this Security Deed Mortgage or any of the Related Agreements, and (3iii) obtaining insurance policies where insurance coverage was required to be obtained hereunder and the required evidence that Borrower Xxxxxxxxx had obtained the same has not been delivered to Lender Mortgagee as required hereunder. Nothing herein shall be construed to require Lender Mortgagee to advance or expend monies for any purpose mentioned herein, or for any other purpose.

Appears in 1 contract

Samples: GTJ REIT, Inc.

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Protection of Security; Costs and Expenses. (A) In addition to any other rights or remedies of Lender Beneficiary hereunder, under any of the Related Agreements, or in law or in equity, upon the occurrence and during the continuance of an Event of Default (or prior thereto after notice to BorrowerGrantor, when possible, if Borrower Grantor is not paying or performing the act itself and Lender Beneficiary determines in its sole good faith judgment that the same is appropriate to preserve the Property or the lien of this Security Deed of Trust or any other collateral securing the indebtedness evidenced by the Note, either before or after acceleration of the indebtedness) Lender Beneficiary may, but shall not be required to, make any payment or perform any act required to be performed by Borrower Grantor hereunder or under any of the Related Agreements in any form and manner deemed expedient to LenderBeneficiary, including, without limitation, if 20 applicable: (1) paying any Impositions which remain unpaid; (2) procuring the release, discharge, compromise or settlement of any lien filed or otherwise asserted against the Property which has not been discharged by Borrower Grantor in accordance with the provisions of this Security Deed of Trust or any of the Related Agreements, and (3) obtaining insurance policies where insurance coverage was required to be obtained hereunder and the required evidence that Borrower Grantor had obtained the same has not been delivered to Lender Beneficiary as required hereunder. Nothing herein shall be construed to require Lender Beneficiary to advance or expend monies for any purpose mentioned herein, or for any other purpose.

Appears in 1 contract

Samples: Inland Western Retail Real Estate Trust Inc

Protection of Security; Costs and Expenses. (A) In addition to any other rights or remedies of Lender Beneficiary hereunder, under any of the Related Agreements, or in law or in equity, upon the occurrence and during the continuance of an Event of Default (or prior thereto after notice to BorrowerTrustor, when possible, if Borrower Trustor is not paying or performing the act itself and Lender Beneficiary determines in its sole good faith judgment that the same is appropriate to preserve the Property or the lien of this Security Deed of Trust or any other collateral securing the indebtedness evidenced by the Note, either before or after acceleration of the indebtedness) Lender Beneficiary may, but shall not be required to, make any payment or perform any act required to be performed by Borrower Trustor hereunder or under any of the Related Agreements in any form and manner deemed expedient to LenderBeneficiary, including, without limitation, if applicable: (1i) paying any Impositions which remain unpaid; (2ii) procuring the release, discharge, compromise or settlement of any lien filed or otherwise asserted against the Property which has not been discharged by Borrower Trustor in accordance with the provisions of this Security Deed of Trust or any of the other Related Agreements, and (3iii) obtaining insurance policies where insurance coverage was required to be obtained hereunder and the required evidence that Borrower Trustor had obtained the same has not been delivered to Lender Beneficiary as required hereunder. Nothing herein shall be construed to require Lender Beneficiary to advance or expend monies for any purpose mentioned herein, or for any other purpose.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (KBS Strategic Opportunity REIT, Inc.)

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