Actions and Proceedings. Mortgagee has the right to appear in and defend any action or proceeding brought with respect to the Mortgaged Property and to bring any action or proceeding, in the name and on behalf of Mortgagor, which Mortgagee, in its discretion, decides should be brought to protect its interest in the Mortgaged Property. Mortgagee shall, at its option, be subrogated to the lien of any mortgage or other security instrument discharged in whole or in part by the Debt, and any such subrogation rights shall constitute additional security for the payment of the Debt.
Appears in 9 contracts
Samples: First Mortgage and Security Agreement (Century Properties Fund Xvi), Mortgage (Ramco Gershenson Properties Trust), First Mortgage and Security Agreement (Century Properties Fund Xii)
Actions and Proceedings. Mortgagee has the right to appear in and defend any action or proceeding brought with respect to the Mortgaged Property and to bring any action or proceeding, in the name and on behalf of Mortgagor, which Mortgagee, in its discretion, decides should be brought to protect its their interest in the Mortgaged Property. Mortgagee shall, at its option, be subrogated to the lien of any mortgage or other security instrument discharged in whole or in part by the Debt, and any such subrogation rights shall constitute additional security for the payment of the Debt.
Appears in 6 contracts
Samples: Trademark Security Agreement (Aqua Care Systems Inc /De/), Mortgage and Security Agreement (Janus American Group Inc), Trust and Security Agreement (Concord Milestone Plus L P)
Actions and Proceedings. Mortgagee has the right to appear in and defend any action or proceeding brought with respect to the Mortgaged Property and to bring any action or proceeding, in the name and on behalf of Mortgagor, which Mortgagee, in its reasonable discretion, decides should be brought to protect its interest in the Mortgaged Property. Mortgagee shall, at its option, be subrogated to the lien of any mortgage deed of trust or other security instrument discharged in whole or in part by the Debt, and any such subrogation rights shall constitute additional security for the payment of the Debt.
Appears in 4 contracts
Samples: Leases and Rents and Security Agreement, And Security Agreement (Griffin Industrial Realty, Inc.), And Security Agreement (Griffin Industrial Realty, Inc.)
Actions and Proceedings. Mortgagee has the right to appear in and defend any action or proceeding brought with respect to the Mortgaged Property and to bring any action or proceeding, in the name and on behalf of Mortgagor, which Mortgagee, in its sole discretion, decides should be brought to protect its their interest in the Mortgaged Property. Mortgagee shall, at its option, be subrogated to the lien of any mortgage or other security instrument discharged in whole or in part by the Debt, and any such subrogation rights shall constitute additional security for the payment of the Debt.
Appears in 3 contracts
Samples: Security Agreement (Ridgewood Properties Inc), And Security Agreement (Wellington Properties Trust), Security Agreement (Cedar Income Fund LTD /Md/)
Actions and Proceedings. Mortgagee has the right to appear in and defend any action or proceeding brought with respect to the Mortgaged Property and to bring any action or proceeding, in the name and on behalf of Mortgagor, which Mortgagee, in its reasonable discretion, decides should be brought to protect its their interest in the Mortgaged Property. Mortgagee shall, at its option, be subrogated to the lien of any mortgage deed of trust or other security instrument discharged in whole or in part by the Debt, and any such subrogation rights shall constitute additional security for the payment of the Debt.
Appears in 2 contracts
Samples: Leases and Rents and Security Agreement (Lodgian Inc), And Security Agreement (Lodgian Inc)
Actions and Proceedings. Mortgagee has the right to appear in and ----------------------- defend any action or proceeding brought with respect to the Mortgaged Property and to bring any action or proceeding, in the name and on behalf of Mortgagor, which Mortgagee, in its discretion, decides should be brought to protect its their interest in the Mortgaged Property. Mortgagee shall, at its option, be subrogated to the lien of any mortgage or other security instrument discharged in whole or in part by the Debt, and any such subrogation rights shall constitute additional security for the payment of the Debt.
Appears in 2 contracts
Samples: Afc Enterprises Inc, Afc Enterprises Inc
Actions and Proceedings. Mortgagee has the right to appear in and defend any action or proceeding brought with respect to the Mortgaged Property and to bring any action or proceeding, in the name and on behalf of Mortgagor, which Mortgagee, in its discretion, decides should be brought to protect its interest in the Mortgaged Property. Mortgagee shall, at its option, be subrogated to the lien Lien of any deed of trust, mortgage or other security instrument discharged in whole or in part by the DebtObligations, and any such subrogation rights shall constitute additional security for the payment of the DebtObligations.
Appears in 2 contracts
Samples: Security Agreement (Eldertrust), Pledge and Security Agreement (Eldertrust)
Actions and Proceedings. Mortgagee has the right to appear in and defend any action or proceeding brought with respect to the Mortgaged Property and to bring any action or proceeding, in the name and on behalf of Mortgagor, which Mortgagee, in its discretion, decides should be brought to protect its interest their respective interests in the Mortgaged Property. Mortgagee shall, at its option, be subrogated to the lien of any mortgage or other security instrument discharged in whole or in part by the Debt, and any such subrogation rights shall constitute additional security for the payment of the Debt.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Emeritus Corp\wa\)
Actions and Proceedings. Mortgagee has the right to appear in and defend any action or proceeding brought with respect to the Mortgaged Property and to bring any action or proceeding, in the name and on behalf of Mortgagor, which Mortgagee, in its discretion, decides should be brought to protect its interest under this Mortgage in the Mortgaged Property. Mortgagee shall, at its option, be subrogated to the lien of any mortgage or other security instrument discharged in whole or in part by the DebtObligations, and any such subrogation rights shall constitute additional security for the payment of the DebtObligations.
Appears in 1 contract
Samples: Kranzco Realty Trust
Actions and Proceedings. Mortgagee has the right to appear in and defend any action or proceeding brought with respect to the Mortgaged Property and to bring any action or proceeding, in the name and on behalf of Mortgagor, which Mortgagee, in its sole discretion, decides should be brought to protect its interest in the Mortgaged Property. Mortgagee shall, at its option, be subrogated to the lien of any mortgage or other security instrument discharged in whole or in part by the Debt, and any such subrogation rights shall constitute additional security for the payment of the Debt.
Appears in 1 contract
Samples: Rents and Security Agreement (Charming Shoppes Inc)
Actions and Proceedings. Mortgagee has the right to appear in and ----------------------- defend any action or proceeding brought with respect to the Mortgaged Property and to bring any action or proceeding, in the name and on behalf of Mortgagor, which Mortgagee, in its discretion, decides should be brought to protect its their interest in the Mortgaged Property. Mortgagee shall, at its option, be subrogated surrogated to the lien of any mortgage or other security instrument discharged in whole or in part by the Debt, and any such subrogation rights shall constitute additional security for the payment of the Debt.
Appears in 1 contract
Actions and Proceedings. Mortgagee has the right to appear in and defend any action or proceeding brought with respect to the Mortgaged Property and to bring any action or proceeding, in the name and on behalf of Mortgagor, which Mortgagee, in its discretion, decides should be brought to protect its interest in the Mortgaged Property. Mortgagee shall, at its option, be subrogated to the lien of any deed of trust, mortgage or other security instrument discharged in whole or in part by the DebtIndebtedness, and any such subrogation rights shall constitute additional security for the payment of the DebtIndebtedness.
Appears in 1 contract
Samples: Mortgage, Security Agreement and Assignment of Leases And (Mack Cali Realty Corp)
Actions and Proceedings. Mortgagee has the right to appear in and defend any action or proceeding brought with respect to the Mortgaged Property and to bring any action or proceedingproceedings, in the name and on behalf of Mortgagor, which Mortgagee, in its reasonable discretion, decides should be brought to protect its interest in the Mortgaged Property. Mortgagee shall, at its option, be subrogated to the lien of any mortgage or other security instrument discharged in whole or in part by the Debt, and any such subrogation rights shall constitute additional security for the payment of the Debt.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Quantum Corp /De/)
