Common use of Rights Generally Clause in Contracts

Rights Generally. Borrower will promptly notify Funding Lender in writing of any action or proceeding or notice relating to any proposed or actual condemnation or other taking, or conveyance in lieu thereof, of all or any part of the Mortgaged Property, whether direct or indirect (“Condemnation”). Borrower will appear in and prosecute or defend any action or proceeding relating to any Condemnation unless otherwise directed by Funding Lender in writing. Borrower authorizes and appoints Funding Lender as attorney in fact for Borrower to commence, appear in and prosecute, in Funding Lender’s or Borrower’s name, any action or proceeding relating to any Condemnation and to settle or compromise any claim in connection with any Condemnation, after consultation with Borrower and consistent with commercially reasonable standards of a prudent lender. This power of attorney is coupled with an interest and therefore is irrevocable. However, nothing contained in this Section 6.11(a) will require Funding Lender to incur any expense or take any action. Borrower transfers and assigns to Funding Lender all right, title and interest of Borrower in and to any award or payment with respect to (i) any Condemnation, or any conveyance in lieu of Condemnation, and (ii) any damage to the Mortgaged Property caused by governmental action that does not result in a Condemnation.

Rights Generally. Borrower will promptly notify Funding Lender in writing of any action or proceeding or notice relating to any proposed or actual condemnation or other taking, or conveyance in lieu thereofof such a condemnation or taking, of all or any part of the Mortgaged Property, whether direct or indirect (“Condemnation”). Borrower will appear in and prosecute or defend any action or proceeding relating to any Condemnation unless otherwise directed by Funding Lender Xxxxxx in writing. Borrower Xxxxxxxx authorizes and appoints Funding Lender Xxxxxx as attorney in attorney-in-fact for Borrower Xxxxxxxx to commence, appear in and prosecute, in Funding LenderXxxxxx’s or BorrowerXxxxxxxx’s name, any action or proceeding relating to any Condemnation and to settle or compromise any claim in connection with any Condemnation, after consultation with Borrower Xxxxxxxx and consistent with commercially reasonable standards of a prudent lender. This power of attorney is coupled with an interest and therefore is irrevocable. However, nothing contained in this Section 6.11(a) will require Funding Lender to incur any expense or take any action. Borrower transfers and assigns to Funding Lender all right, title and interest of Borrower Xxxxxxxx in and to any award or payment with respect to (i) any Condemnation, or any conveyance in lieu of Condemnation, and (ii) any damage to the Mortgaged Property caused by governmental action that does not result in a Condemnation.

Rights Generally. Borrower will promptly notify Funding Lender in writing of any action or proceeding or notice relating to any proposed or actual condemnation or other taking, or conveyance in lieu thereof, of all or any part of the Mortgaged Property, whether direct or indirect (“Condemnation”). Borrower will appear in and prosecute or defend any action or proceeding relating to any Condemnation unless otherwise directed by Funding Lender in writing. Borrower authorizes and appoints Funding Lender as attorney in fact for Borrower Xxxxxxxx to commence, appear in and prosecute, in Funding LenderXxxxxx’s or Borrower’s name, any action or proceeding relating to any Condemnation and to settle or compromise any claim in connection with any Condemnation, after consultation with Borrower Xxxxxxxx and consistent with commercially reasonable standards of a prudent lender. This power of attorney is coupled with an interest and therefore is irrevocable. However, nothing contained in this Section 6.11(a) will require Funding Lender to incur any expense or take any action. Borrower transfers and assigns to Funding Lender all right, title and interest of Borrower Xxxxxxxx in and to any award or payment with respect to (i) any Condemnation, or any conveyance in lieu of Condemnation, and (ii) any damage to the Mortgaged Property caused by governmental action that does not result in a Condemnation.

Rights Generally. Borrower will promptly notify Funding Lender in writing of any action or proceeding or notice relating to any proposed or actual condemnation or other taking, or conveyance in lieu thereof, of all or any part of the Mortgaged Property, whether direct or indirect (“Condemnation”). Borrower will appear in and prosecute or defend any action or proceeding relating to any Condemnation unless otherwise directed by Funding Lender in writing. Borrower authorizes and appoints Funding Lender as attorney in fact for Borrower to commence, appear in and prosecute, in Funding Lender’s or Borrower’s name, any action or proceeding relating to any Condemnation and to Multifamily Loan and Security Agreement – Seniors Housing Page 51 settle or compromise any claim in connection with any Condemnation, after consultation with Borrower and consistent with commercially reasonable standards of a prudent lender. This power of attorney is coupled with an interest and therefore is irrevocable. However, nothing contained in this Section 6.11(a) will require Funding Lender to incur any expense or take any action. Borrower transfers and assigns to Funding Lender all right, title and interest of Borrower in and to any award or payment with respect to (i) any Condemnation, or any conveyance in lieu of Condemnation, and (ii) any damage to the Mortgaged Property caused by governmental action that does not result in a Condemnation.

Rights Generally. Borrower will promptly notify Funding Lender in writing of any action or proceeding or notice relating to any proposed or actual condemnation or other taking, or conveyance in lieu thereof, of all or any part of the Mortgaged Property, whether direct or indirect (“Condemnation”). Borrower will appear in and prosecute or defend any action or proceeding relating to any Condemnation unless otherwise directed by Funding Lender in writing. Borrower authorizes and appoints Funding Lender as attorney in fact for Borrower to commence, appear in and prosecute, in Funding Lender’s or Borrower’s Multifamily Loan and Security Agreement Page 30 name, any action or proceeding relating to any Condemnation and to settle or compromise any claim in connection with any Condemnation, after consultation with Borrower and consistent with commercially reasonable standards of a prudent lender. This power of attorney is coupled with an interest and therefore is irrevocable. However, nothing contained in this Section 6.11(a) will require Funding Lender to incur any expense or take any action. Borrower transfers and assigns to Funding Lender all right, title and interest of Borrower in and to any award or payment with respect to (i) any Condemnation, or any conveyance in lieu of Condemnation, and (ii) any damage to the Mortgaged Property caused by governmental action that does not result in a Condemnation.