Right to Receiver. During the existence of an Event of Default or at any time after the acceleration of the Debt or at any time after commencement of any legal proceedings under this Mortgage, Mortgagee may, at Mortgagee's election, make application to a court of competent jurisdiction for appointment of a receiver of the Mortgaged Property, as a matter of strict right, without notice to Mortgagor except as required by applicable law and without regard to the adequacy of the value of the Mortgaged Property for the repayment of the Debt, and Mortgagor hereby irrevocably consents to such an appointment. Any receiver shall have all the usual powers and duties of receivers in similar cases, including the full power to possess, rent, maintain, repair and operate the Mortgaged Property upon such terms and conditions as may be approved by the court, and shall apply the rents realized in the same manner and order as foreclosure proceeds in accordance with Section 6.5 above.
Appears in 1 contract
Sources: Mortgage, Security Agreement and Fixture Filing (Griffin Industrial Realty, Inc.)
Right to Receiver. During Upon the existence occurrence of an Event of Default or at any time after the acceleration of the Debt or at any time after commencement of a Trustee’s foreclosure sale or any legal proceedings under this MortgageDeed of Trust, Mortgagee may, at Mortgagee's election’s election and by or through the Trustee or otherwise, make application to a court of competent jurisdiction for appointment of a receiver of the Mortgaged Property, as a matter of strict right, without notice to Mortgagor except as required by applicable law and without regard to the adequacy of the value of the Mortgaged Property for the repayment of the Debt, and Mortgagor M▇▇▇▇▇▇▇▇ hereby irrevocably consents to such an appointmentappointment and waives any notice or hearing with respect thereto. Any receiver shall have all the usual powers and duties of receivers in similar cases, including the full power to possess, rent, maintain, repair and operate the Mortgaged Property upon such terms and conditions as may be approved by the court, and shall apply the rents realized in the same manner and order as foreclosure proceeds in accordance with Section 6.5 above6.5.
Appears in 1 contract
Sources: Deed of Trust and Security Agreement (American Realty Capital Trust III, Inc.)