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 of 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 in writing. Borrower authorizes and appoints Funding Lender as attorney-in-fact for ▇▇▇▇▇▇▇▇ to commence, appear in and prosecute, in Funding ▇▇▇▇▇▇’s or ▇▇▇▇▇▇▇▇’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 ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇ 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.
Appears in 2 contracts
Sources: Continuing Covenant Agreement, Continuing Covenant Agreement
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 of such a condemnation or takingthereof, 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-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.
Appears in 2 contracts
Sources: Continuing Covenant Agreement, Continuing Covenant Agreement
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 of such a condemnation or takingthereof, 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-attorney in fact for ▇▇▇▇▇▇▇▇ to commence, appear in and prosecute, in Funding ▇▇▇▇▇▇’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 ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇ 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.
Appears in 1 contract
Sources: Continuing Covenant Agreement