Rights of Tenants. The Lender shall have the right and option to commence a civil action to foreclose this Mortgage and to obtain a decree of foreclosure and sale subject to the rights of any tenant or tenants of the Premises having an interest in the Premises prior to that of the Lender. The failure to join any such tenant or tenants of the Premises as party defendant or defendants in any such civil action or the failure of any decree of foreclosure and sale to foreclose their rights shall not be asserted by the Mortgagor as a defense in any civil action instituted to collect the Indebtedness, or any part thereof or any deficiency remaining unpaid after foreclosure and sale of the Premises, any statute or rule of law at any time existing to the contrary notwithstanding.
Rights of Tenants. Beneficiary shall have the right and option to commence a civil action to foreclose this Mortgage and to obtain a decree of foreclosure and sale subject to the rights of any tenant or tenants of the Property having an interest in the Property prior to that of Beneficiary. The failure to join any such tenant or tenants of the Property as party defendant or defendants in any such civil action or the failure of any decree of foreclosure and sale to foreclose their rights shall not be asserted by Mortgagor as a defense in any civil action instituted to collect the Obligations, or any part thereof or any deficiency remaining unpaid after foreclosure and sale of the Property, any statue or rule of law at any time existing to the contrary notwithstanding.
Rights of Tenants. Mortgagee shall have the right and option to commence a civil action to foreclose this Mortgage and to obtain a Decree of Foreclosure and Sale subject to the rights of any tenant or tenants of the Premises having an interest in the Premises prior to that of Mortgagee. The failure to join any such tenant or tenants of the Premises as party defendant or defendants in any such civil action or the failure of any Decree of Foreclosure and Sale to foreclose their rights shall not be asserted by Mortgagor as a defense in any civil action instituted to collect the indebtedness secured hereby, or any part thereof or any deficiency remaining unpaid after foreclosure and sale of the Premises, any statute or rule of law at any time existing to the contrary notwithstanding.
Rights of Tenants. The Property shall not be subject to rights of any tenancies as of the Closing Date. If any representation above is found by Buyer, prior to the Closing, to become untrue and is not remedied by Seller prior to the Closing despite Seller's commercially reasonable good faith efforts to do so, Buyer may (i) terminate this Agreement, in which event the Seller shall promptly return the Xxxxxxx Deposit to Buyer and neither party shall have any further duties, obligations or rights pursuant to this Agreement (unless otherwise provided herein to survive such termination) or (ii) waive its objections and close this transaction. The representations in this Section VII shall survive Closing.
Rights of Tenants. When the lessor or his assigns gets the actual possession of the crop or any part thereof otherwise than by the mode prescribed in G.S. 42-15, and refuses or neglects, upon a notice, written or oral, of five days, given by the lessee or cropper or the assigns of either, to make a fair division of said crop, or to pay over to such lessee or cropper or the assigns of either, such part thereof as he may be entitled to under the lease or agreement, then and in that case the lessee or cropper or the assigns of either is entitled to the remedies against the lessor or his assigns given in an action upon a claim for the delivery of personal property to recover such part of the crop as he, in law and according to the lease or agreement, may be entitled to. The amount or quantity of such crop claimed by said lessee or cropper or the assigns of either, together with a statement of the grounds upon which it is claimed, shall be fully set forth in an affidavit at the beginning of the action. (1876-7, c. 283, s. 2; Code, s. 1755; Rev., s. 1994; C.S., s. 2356.) § 42-17. Action to settle dispute between parties. When any controversy arises between the parties, and neither party avails himself of the provisions of this Chapter, it is competent for either party to proceed at once to have the matter determined in the appropriate trial division of the General Court of Justice. (1876-7, c. 283, s. 3; Code, s. 1756; Rev., s. 1995; C.S., s. 2357; 1971, c. 533, s. 1.) § 42-18. Xxxxxx's undertaking on continuance or appeal. In case there is a continuance or an appeal from the magistrate's decision to the district court, the lessee or cropper, or the assigns of either, shall be allowed to retain possession of said property upon his giving an undertaking to the lessor or his assigns, or the adverse party, in a sum double the amount of the claim, if such claim does not amount to more than the value of such property, otherwise to double the value of such property, with good and sufficient surety, to be approved by the magistrate or the clerk of the superior court, conditioned for the faithful payment to the adverse party of such damages as he shall recover in said action. (1876-7, c. 283, s. 3; Code, s. 1756; Rev., s. 1995; C.S., s. 2358; 1971, c. 533, s. 2.) § 42-19. Crops delivered to landlord on his undertaking. In case the lessee or cropper, or the assigns of either, at the time of the appeal or continuance mentioned in G.S. 42-18, fails to give the undertaking therein required, t...
Rights of Tenants. 30 Section 15.02. Affiliate Transfer......................................................................31 Section 15.03. Required Provision in Sublease..........................................................31 Section 15.04. Rights of Landlord......................................................................32 PART 16 - INDEMNIFICATION.........................................................................................32 PART 17 - SURRENDER OF THE PREMISES...............................................................................33 Section 17.01. Condition of Premises...................................................................33 Section 17.02. Tenant Holdover.........................................................................33 PART 18 - ESTOPPEL CERTIFICATES...................................................................................33
Rights of Tenants. Except as otherwise specifically provided herein, ----------------- this Agreement shall not be construed to limit any rights given to each Tenant as a tenant in common under applicable law.
Rights of Tenants. Administrative Agent shall have the right and option to commence a civil action to foreclose this Mortgage and to obtain a decree of foreclosure and sale subject to the rights of any tenant or tenants of the Property having an interest in the Property prior to that of Administrative Agent. The failure to join any such tenant or tenants of the Property as party defendant or defendants in any such civil action or the failure of any decree of foreclosure and sale to foreclose their rights shall not be asserted by Mortgagor as a defense in any civil action instituted to collect the Obligations, or any part thereof or any deficiency remaining unpaid after foreclosure and sale of the Property, any statue or rule of law at any time existing to the contrary notwithstanding.
Rights of Tenants. This Mortgage is subject to the rights of any and all tenants of the Mortgaged Property now or hereafter existing and, for so long as said tenants are not in default under the terms of their respective leases and shall agree to attorn to Mortgagee (or Mortgagee's designee) upon its acquisition of title to the Mortgaged Property, Mortgagee shall not disturb the use or possession by said tenants to all or a portion of the Mortgaged Property, as described in such tenant's lease. If an Event of Default shall have occurred and be continuing and Mortgagee elects to foreclose this Mortgage in pursuant to the Section of this Mortgage entitled "Remedies", so long as said tenants are not in default under the terms of their respective leases, Mortgagee shall take no action or fail to take any action, as the case may be, the effect of which would be to terminate the rights of said tenants under their respective leases; PROVIDED that if, in order validly to foreclose the lien of this Mortgage such lease must be terminated, Mortgagee may nevertheless proceed with such foreclosure but following the completion of such foreclosure shall enter into a new lease of the Mortgaged Property with such tenant on the same terms and conditions as those set forth in the then terminated lease. Mortgagor may, in the ordinary course of business and without the consent of Mortgagee, enter into any new leases or modify, surrender, terminate, extend or renew any lease now existing or hereafter created upon the Mortgaged Property, or any portion thereof, without the consent of Mortgagee. Mortgagee agrees to execute such other and further instruments as may be necessary to effectuate the terms of this Section.
Rights of Tenants. The Grantee shall have the right and option to cause any sale under this Deed to Secure Debt to be subject to the rights of any tenant or tenants of the Premises having an interest in the Premises prior to that of the Grantee. The failure of any sale to foreclose the rights of any such tenant shall not be asserted by the Grantor as a defense in any civil action instituted to collect the Indebtedness, or any part thereof or any deficiency remaining unpaid after foreclosure and sale of the Premises, any statute or rule of law at any time existing to the contrary notwithstanding.
