Common use of Collection of Rents Clause in Contracts

Collection of Rents. Upon the occurrence of an Event of Default, the license granted to Mortgagor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting the generality of the foregoing, Mortgagee may notify the tenants under the Leases that all Rents are to be paid to Mortgagee, and following such notice all Rents shall be paid directly to Mortgagee and not to Mortgagor or any other Person other than as directed by Mortgagee, xx xxxxg understood that a demand by Mortgagee on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee without the necessity of further consent by Mortgagor. Mortgagor hereby irrevocably authorizes and directs the tenants under the Leases to pay all Rents to Mortgagee instead of to Mortgagor, upon receipt of written notice from Mortgagee, without the necessity of any inquiry of Mortgagor xxx xxxxout the necessity of determining the existence or non-existence of an Event of Default. Mortgagor hereby appoints Mortgagee as Mortgagor’x xxxxxxey-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr in Mortgagee’s name: (a) to endorse all checks and other instruments received in payment of Rents and to deposit the same in any account selected by Mortgagee; (b) to give receipts and releases in relation thereto; (c) to institute, prosecute and/or settle actions for the recovery of Rents; (d) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (e) to cancel any Leases; (f) to enter into new Leases; and (g) to do all other acts and things with respect to the Leases and Rents which Mortgagee may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction of the other Obligations. Mortgagor shall pay, on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documents.

Appears in 4 contracts

Samples: Grubb & Ellis Healthcare REIT, Inc., Grubb & Ellis Healthcare REIT, Inc., Grubb & Ellis Healthcare REIT, Inc.

AutoNDA by SimpleDocs

Collection of Rents. Upon the occurrence of an Event of Default, the license granted to Mortgagor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee Beneficiary may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee Beneficiary may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting limitation to the generality of the foregoing, Mortgagee Beneficiary may notify the tenants under the Leases that all Rents are to be paid to MortgageeBeneficiary, and following such notice all Rents shall be paid directly to Mortgagee Beneficiary and not to Mortgagor or any other Person other than as directed by MortgageeBeneficiary, xx xxxxg it being understood that a demand by Mortgagee Beneficiary on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee Beneficiary without the necessity of further consent by Mortgagor. Mortgagor hereby irrevocably authorizes and directs the tenants under the Leases Lease to pay all Rents to Mortgagee Beneficiary instead of to Mortgagor, upon receipt of written notice from MortgageeBeneficiary, without the necessity of any inquiry of Mortgagor xxx xxxxout and without the necessity of determining the existence or non-existence of an Event of Default. Mortgagor hereby appoints Mortgagee Beneficiary as Mortgagor’x xxxxxxeyMortgagor’s attorney-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Mortgagor’s name or in MortgageeBeneficiary’s name: (a) to endorse all checks and other instruments Mortgages received in payment of Rents and to deposit the same in any account selected by MortgageeBeneficiary; (b) to give receipts and releases in relation thereto; (c) to institute, prosecute and/or settle actions for the recovery of Rents; (d) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (e) to cancel any Leases; (f) to enter into new Leases; and (g) to do all other acts and things with respect to the Leases and Rents which Mortgagee Beneficiary may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction of the other Obligations. Mortgagor shall pay, on demand, to MortgageeBeneficiary, the amount of any deficiency between (i) the Rents received by MortgageeBeneficiary, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Credit Agreement and the other Loan Documents.

Appears in 3 contracts

Samples: Grubb & Ellis Healthcare REIT II, Inc., Grubb & Ellis Healthcare REIT II, Inc., Grubb & Ellis Healthcare REIT II, Inc.

Collection of Rents. Upon the occurrence of an Event of Default, the license granted to Mortgagor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting the generality of the foregoing, Mortgagee may notify the tenants under the Leases that all Rents are to be paid to Mortgagee, and following such notice all Rents shall be paid directly to Mortgagee and not to Mortgagor or any other Person other than as directed by Mortgagee, xx xxxxg understood that a demand by Mortgagee on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee without the necessity of further consent by Mortgagor. Mortgagor hereby irrevocably authorizes and directs the tenants under the Leases to pay all Rents to Mortgagee instead of to Mortgagor, upon receipt of written notice from Mortgagee, without the necessity of any inquiry of Mortgagor xxx xxxxout the necessity of determining the existence or non-existence of an Event of Default. Mortgagor hereby appoints Mortgagee as Mortgagor’x xxxxxxey-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr in Mortgagee’s name: (a) to endorse all checks and other instruments received in payment of Rents and to deposit the same in any account selected by Mortgagee; (b) to give receipts and releases in relation thereto; (c) to institute, prosecute and/or settle actions for the recovery of Rents; (d) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (e) to cancel any Leases; (f) to enter into new Leases; and (g) to do all other acts and things with respect to the Leases and Rents which Mortgagee may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction of the other Obligations. Mortgagor shall pay, on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documents.

Appears in 3 contracts

Samples: Grubb & Ellis Healthcare REIT, Inc., Grubb & Ellis Healthcare REIT, Inc., NNN Healthcare/Office REIT, Inc.

Collection of Rents. Upon Grantor absolutely, presently, unconditionally and irrevocably assigns to Beneficiary, with or without taking possession of the occurrence of an Event of DefaultLand or the Buildings, the license granted to Mortgagor Rents, and hereby authorizes and empowers Beneficiary to collect the Rents as the same shall be automatically become due, and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee may, but shall not be obligated to, exercise any or does hereby irrevocably direct each and all of the rights and remedies provided in Section 697.07 lessees, sublessees, licensees, or other occupants of the Florida Statutes and perform any or all obligations of the landlord under any or all of the LeasesMortgaged Property to pay to Beneficiary, and Mortgagee may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting the generality of the foregoing, Mortgagee may notify the tenants under the Leases that all Rents are to be paid to Mortgagee, and following such notice all Rents shall be paid directly to Mortgagee and not to Mortgagor or any other Person other than as directed by Mortgagee, xx xxxxg understood that a upon demand by Mortgagee on any tenant under Beneficiary, the Leases for the payment of Rent shall be sufficient Rents, provided that prior to warrant payment by such tenant of Rent to Mortgagee without the necessity of further consent by Mortgagor. Mortgagor hereby irrevocably authorizes and directs the tenants under the Leases to pay all Rents to Mortgagee instead of to Mortgagor, upon receipt of written notice from Mortgagee, without the necessity of any inquiry of Mortgagor xxx xxxxout the necessity of determining the existence or non-existence of an Event of Default. Mortgagor hereby appoints Mortgagee as Mortgagor’x xxxxxxey-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of Default and so long as no Event of Default is coupled with an interest continuing, Grantor shall have a license to collect and is irrevocable prior receive all Rents, which license shall be terminable in the sole and absolute discretion of Beneficiary, without regard to the full adequacy of its security and final payment without notice to or demand on Grantor, upon the occurrence of any Event of Default. Upon the termination of Grantor’s license to collect the Rents, Grantor shall immediately turn over or cause to be turned over to Beneficiary, or its agent or designee, promptly upon receipt or collection, all Rents previously paid to Grantor or any managing or collection agent of Grantor and performance not theretofore expended for the Mortgaged Property, as well as all Rents which are collected or received by Grantor or any managing or collection agent of Grantor after the termination of Grantor’s license to collect the Rents. Any such Rents not turned over to Beneficiary as required hereby shall be deemed to be held by Grantor in trust for Beneficiary. The foregoing assignment shall not impose upon Beneficiary any duty to produce Rents from the Mortgaged Property, and shall not cause Beneficiary to be a “mortgagee-in-possession” for any purpose. Without limiting the application of the Obligationsprovisions of real property law to the aforesaid assignment of the Rents to Beneficiary, Beneficiary is hereby expressly granted a first priority security interest in Mortgagor’x xxxx xr in Mortgagee’s name: (a) all of such items included as Rents for which perfection of a lien or charge thereon may be governed by the provisions of Article 9/Division 9 of the UCC. Without limiting any other provisions of this Deed of Trust, Beneficiary shall be entitled to endorse all checks and other instruments received in payment enforce this assignment of Rents and to deposit the same exercise all rights and remedies in accordance with any account selected by Mortgagee; (b) to give receipts and releases in relation thereto; (c) to instituteapplicable provisions of law, prosecute and/or settle actions for the recovery of Rents; (d) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (e) to cancel any Leases; (f) to enter into new Leases; and (g) to do all other acts and things with respect to the Leases and Rents which Mortgagee may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction without limitation Section 2938 of the other Obligations. Mortgagor shall pay, on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan DocumentsCalifornia Civil Code.

Appears in 2 contracts

Samples: Credit Agreement (Mueller Water Products, Inc.), Assignment and Assumption (Mueller Water Products, Inc.)

Collection of Rents. Upon the occurrence of an Event of Default, the license granted to Mortgagor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting limitation to the generality of the foregoing, Mortgagee may notify the tenants under the Leases that all Rents are to be paid to Mortgagee, and following such notice all Rents shall be paid directly to Mortgagee and not to Mortgagor or any other Person other than as directed by Mortgagee, xx xxxxg it being understood that a demand by Mortgagee on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee without the necessity of further consent by Mortgagor. Mortgagor hereby irrevocably authorizes and directs the tenants under the Leases Lease to pay all Rents to Mortgagee instead of to Mortgagor, upon receipt of written notice from Mortgagee, without the necessity of any inquiry of Mortgagor xxx xxxxout and without the necessity of determining the existence or non-existence of an Event of Default. Mortgagor hereby appoints Mortgagee as Mortgagor’x xxxxxxeyMortgagor’s attorney-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Mortgagor’s name or in Mortgagee’s name: (a) to endorse all checks and other instruments Mortgages received in payment of Rents and to deposit the same in any account selected by Mortgagee; (b) to give receipts and releases in relation thereto; (c) to institute, prosecute and/or settle actions for the recovery of Rents; (d) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (e) to cancel any Leases; (f) to enter into new Leases; and (g) to do all other acts and things with respect to the Leases and Rents which Mortgagee may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction of the other Obligations. Mortgagor shall pay, on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documents.

Appears in 2 contracts

Samples: And Security Agreement (Inland Diversified Real Estate Trust, Inc.), Term Loan Agreement (Acadia Realty Trust)

Collection of Rents. (a) Upon the occurrence occurrence, and during the continuance, of an Event of Default, the license granted to Mortgagor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee Beneficiary may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee Beneficiary may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting limitation to the generality of the foregoing, Mortgagee Beneficiary may notify the tenants under the Leases that all Rents are to be paid to MortgageeBeneficiary, and following such notice all Rents shall be paid directly to Mortgagee Beneficiary and not to Mortgagor or any other Person other than as directed by MortgageeBeneficiary, xx xxxxg it being understood that a demand by Mortgagee Beneficiary on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee Beneficiary without the necessity of further consent by Mortgagor. Mortgagor hereby irrevocably authorizes and directs the tenants under the Leases Lease to pay all Rents to Mortgagee Beneficiary instead of to Mortgagor, upon receipt of written notice from MortgageeBeneficiary, without the necessity of any inquiry of Mortgagor xxx xxxxout and without the necessity of determining the existence or non-existence of an Event of Default. Mortgagor hereby appoints Mortgagee Beneficiary as Mortgagor’x xxxxxxeyMortgagor’s attorney-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Mortgagor’s name or in MortgageeBeneficiary’s name: (ai) to endorse all checks and other instruments Mortgages received in payment of Rents and to deposit the same in any account selected by MortgageeBeneficiary; (bii) to give receipts and releases in relation thereto; (ciii) to institute, prosecute and/or settle actions for the recovery of Rents; (div) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (ev) to cancel any Leases; (fvi) to enter into new Leases; and (gvii) to do all other acts and things with respect to the Leases and Rents which Mortgagee Beneficiary may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction of the other Obligations. Mortgagor shall pay, on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documents.

Appears in 2 contracts

Samples: www.sec.gov, KBS Real Estate Investment Trust III, Inc.

Collection of Rents. Upon the occurrence of an Event of Default, the license granted to Mortgagor Grantor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon MortgagorGrantor. Mortgagee Lender may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee Lender may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s Grantor's rights under the Leases. Without limiting limitation to the generality of the foregoing, Mortgagee Lender may notify the tenants under the Leases that all Rents are to be paid to MortgageeLender, and following such notice all Rents shall be paid directly to Mortgagee Lender and not to Mortgagor Grantor or any other Person other than as directed by MortgageeXxxxxx, xx xxxxg it being understood that a demand by Mortgagee Xxxxxx on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee Lender without the necessity of further consent by MortgagorGrantor. Mortgagor Grantor hereby irrevocably authorizes and directs the tenants under the Leases to pay all Rents to Mortgagee Lender instead of to MortgagorGrantor, upon receipt of written notice from MortgageeXxxxxx, without the necessity of any inquiry of Mortgagor xxx xxxxout Grantor and without the necessity of determining the existence or non-existence of an Event of Default. Mortgagor Grantor hereby appoints Mortgagee Xxxxxx as Mortgagor’x xxxxxxeyGrantor's attorney-in-fact with full power of substitution, which appointment shall take effect be effective upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Grantor's name or in Mortgagee’s Xxxxxx's name: (a) to endorse all checks and other instruments received in payment of Rents and to deposit the same in any account selected by MortgageeXxxxxx; (b) to give receipts and releases in relation thereto; (c) to institute, prosecute and/or settle actions for the recovery of Rents; (d) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (e) to cancel any Leases; (f) to enter into new Leases; and (g) to do all other acts and things with respect to the Leases and Rents which Mortgagee Lender may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction accordance with the terms of the other Obligations. Mortgagor shall paysub-section (b), on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documentsabove.

Appears in 2 contracts

Samples: Security Agreement and Fixture Filing, www.truist.com

Collection of Rents. (a) Upon the occurrence occurrence, and during the continuance, of an Event of Default, the license granted to Mortgagor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting limitation to the generality of the foregoing, Mortgagee may notify the tenants under the Leases that all Rents are to be paid to Mortgagee, and following such notice all Rents shall be paid directly to Mortgagee and not to Mortgagor or any other Person other than as directed by Mortgagee, xx xxxxg it being understood that a demand by Mortgagee on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee without the necessity of further consent by Mortgagor. Mortgagor hereby irrevocably authorizes and directs the tenants under the Leases Lease to pay all Rents to Mortgagee instead of to Mortgagor, upon receipt of written notice from Mortgagee, without the necessity of any inquiry of Mortgagor xxx xxxxout and without the necessity of determining the existence or non-existence of an Event of Default. Mortgagor hereby appoints Mortgagee as Mortgagor’x xxxxxxeyMortgagor’s attorney-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Mortgagor’s name or in Mortgagee’s name: (ai) to endorse all checks and other instruments Mortgages received in payment of Rents and to deposit the same in any account selected by Mortgagee; (bii) to give receipts and releases in relation thereto; (ciii) to institute, prosecute and/or settle actions for the recovery of Rents; (div) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (ev) to cancel any Leases; (fvi) to enter into new Leases; and (gvii) to do all other acts and things with respect to the Leases and Rents which Mortgagee may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction of the other Obligations. Mortgagor shall pay, on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Easement and Construction Agreement (KBS Real Estate Investment Trust III, Inc.)

Collection of Rents. Upon the occurrence occurrence, and during the continuance, of an Event of Default, the license granted to Mortgagor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting limitation to the generality of the foregoing, Mortgagee may notify the tenants under the Leases that all Rents are to be paid to Mortgagee, and following such notice all Rents shall be paid directly to Mortgagee and not to Mortgagor or any other Person other than as directed by Mortgagee, xx xxxxg it being understood that a demand by Mortgagee on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee without the necessity of further consent by Mortgagor. Mortgagor hereby irrevocably authorizes and directs the tenants under the Leases Lease to pay all Rents to Mortgagee instead of to Mortgagor, upon receipt of written notice from Mortgagee, without the necessity of any inquiry of Mortgagor xxx xxxxout and without the necessity of determining the existence or non-existence of an Event of Default. Mortgagor hereby appoints Mortgagee as Mortgagor’x xxxxxxeyMortgagor’s attorney-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Mortgagor’s name or in Mortgagee’s name: (ai) to endorse all checks and other instruments Mortgages received in payment of Rents and to deposit the same in any account selected by Mortgagee; (bii) to give receipts and releases in relation thereto; (ciii) to institute, prosecute and/or settle actions for the recovery of Rents; (div) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (ev) to cancel any Leases; (fvi) to enter into new Leases; and (gvii) to do all other acts and things with respect to the Leases and Rents which Mortgagee may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction of the other Obligations. Mortgagor shall pay, on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documents.

Appears in 1 contract

Samples: KBS Real Estate Investment Trust III, Inc.

Collection of Rents. Upon the occurrence and during the continuance of an Event of Default, the license granted to Mortgagor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting the generality of the foregoing, Mortgagee may notify the tenants under the Leases that all Rents are to be paid to Mortgagee, and following such notice all Rents shall be paid directly to Mortgagee (as agent for Lenders) and not to Mortgagor or any other Person other than as directed by Mortgagee, xx xxxxg it being understood that a demand by Mortgagee on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee without the necessity of further consent by Mortgagor. Mortgagor hereby irrevocably authorizes and directs the tenants under the Leases to pay all Rents to Mortgagee instead of to Mortgagor, upon receipt of written notice from Mortgagee, without the necessity of any inquiry of Mortgagor xxx xxxxout and without the necessity of determining the existence or non-existence of an Event of Default. Mortgagor hereby appoints Mortgagee as Mortgagor’x xxxxxxeyMortgagor’s attorney-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Mortgagor’s name or in Mortgagee’s name: (a) to endorse all checks and other instruments received in payment of Rents and to deposit the same in any account selected by Mortgagee; (b) to give receipts and releases in relation thereto; (c) to institute, prosecute and/or settle actions for the recovery of Rents; (d) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (e) to cancel any Leases; (f) to enter into new Leases; and (g) to do all other acts and things with respect to the Leases and Rents which Mortgagee may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction of the other Obligations. Mortgagor shall pay, on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Mortgage, Assignment, Security Agreement and Fixture (Grubb & Ellis Healthcare REIT, Inc.)

Collection of Rents. Upon the occurrence of an Event of Default, the license granted to Mortgagor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and to perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting limitation to the generality of the foregoing, Mortgagee may notify the tenants under the Leases that all Rents are to be paid to Mortgagee, and following such notice all Rents shall be paid directly to Mortgagee and not to Mortgagor or any other Person other than as directed by MortgageeXxxxxxxxx, xx xxxxg it being understood that a demand by Mortgagee on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee without the necessity of further consent by Mortgagor. Mortgagor hereby irrevocably authorizes and directs the tenants under the Leases to pay all Rents to Mortgagee instead of to Mortgagor, upon receipt of written notice from Mortgagee, without the necessity of any inquiry of Mortgagor xxx xxxxout Xxxxxxxxx and without the necessity of determining the existence or non-existence of an Event of Default. Mortgagor hereby appoints Mortgagee as Mortgagor’x xxxxxxeyXxxxxxxxx’s attorney-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Xxxxxxxxx’s name or in Mortgagee’s name: (a) to endorse all checks and other instruments received in payment of Rents and to deposit the same in any account selected by Mortgagee; (b) to give receipts and releases in relation thereto; (c) to institute, prosecute and/or settle actions for the recovery of Rents; (d) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (e) to cancel any Leases; (f) to enter into new Leases; and (g) to do all other acts and things with respect to the Leases and Rents which Mortgagee may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction of the other Obligations. Mortgagor shall pay, on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Security Agreement (AstroNova, Inc.)

Collection of Rents. Upon the occurrence of an Event of Default, the license granted to Mortgagor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee Lender may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee Lender may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting limitation to the generality of the foregoing, Mortgagee Lender may notify the tenants under the Leases that all Rents are to be paid to MortgageeLender, and following such notice all Rents shall be paid directly to Mortgagee Lender and not to Mortgagor or any other Person other than as directed by MortgageeXxxxxx, xx xxxxg it being understood that a demand by Mortgagee Xxxxxx on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee Lender without the necessity of further consent by Mortgagor. Mortgagor Xxxxxxxxx hereby irrevocably authorizes and directs the tenants under the Leases to pay all Rents to Mortgagee Lender instead of to Mortgagor, upon receipt of written notice from MortgageeXxxxxx, without the necessity of any inquiry of Mortgagor xxx xxxxout Xxxxxxxxx and without the necessity of determining the existence or non-existence of an Event of Default. Mortgagor hereby appoints Mortgagee Xxxxxx as Mortgagor’x xxxxxxeyXxxxxxxxx’s attorney-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Xxxxxxxxx’s name or in MortgageeLender’s name: (a) to endorse all checks and other instruments received in payment of Rents and to deposit the same in any account selected by MortgageeXxxxxx; (b) to give receipts and releases in relation thereto; (c) to institute, prosecute and/or settle actions for the recovery of Rents; (d) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (e) to cancel any Leases; (f) to enter into new Leases; and (g) to do all other acts and things with respect to the Leases and Rents which Mortgagee Lender may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction accordance with the terms of the other Obligations. Mortgagor shall paysub-section (b), on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documentsabove.

Appears in 1 contract

Samples: Security Agreement and Fixture

AutoNDA by SimpleDocs

Collection of Rents. Upon the occurrence of an Event of Default, the license granted to Mortgagor Grantor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon MortgagorGrantor. Mortgagee Lender may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee Lender may, but shall not be obligated to, exercise and enforce any or all of MortgagorGrantor’s rights under the Leases. Without limiting limitation to the generality of the foregoing, Mortgagee Lender may notify the tenants under the Leases that all Rents are to be paid to MortgageeLender, and following such notice all Rents shall be paid directly to Mortgagee Lender and not to Mortgagor Grantor or any other Person other than as directed by MortgageeLender, xx xxxxg it being understood that a demand by Mortgagee Lender on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee Lender without the necessity of further consent by MortgagorGrantor. Mortgagor Grantor hereby irrevocably authorizes and directs the tenants under the Leases to pay all Rents to Mortgagee Lender instead of to MortgagorGrantor, upon receipt of written notice from MortgageeLender, without the necessity of any inquiry of Mortgagor xxx xxxxout Grantor and without the necessity of determining the existence or non-existence of an Event of Default. Mortgagor Grantor hereby appoints Mortgagee Lender as Mortgagor’x xxxxxxeyGrantor’s attorney-in-fact with full power of substitution, which appointment shall take effect be effective upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Grantor’s name or in MortgageeLender’s name: (a) to endorse all checks and other instruments received in payment of Rents and to deposit the same in any account selected by MortgageeLender; (b) to give receipts and releases in relation thereto; (c) to institute, prosecute and/or settle actions for the recovery of Rents; (d) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (e) to cancel any Leases; (f) to enter into new Leases; and (g) to do all other acts and things with respect to the Leases and Rents which Mortgagee Lender may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction accordance with the terms of the other Obligations. Mortgagor shall paysub-section (b), on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documentsabove.

Appears in 1 contract

Samples: www.truist.com

Collection of Rents. (a) Upon the occurrence occurrence, and during the continuance, of an Event of Default, the license granted to Mortgagor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting limitation to the generality of the foregoing, Mortgagee may notify the tenants under the Leases that all Rents are to be paid to Mortgagee, and following such notice all Rents shall be paid directly to Mortgagee and not to Mortgagor or any other Person other than as directed by Mortgagee, xx xxxxg it being understood that a demand by Mortgagee on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee without the necessity of further consent by Mortgagor. Mortgagor hereby irrevocably authorizes and directs the tenants under the Leases Lease to pay all Rents to Mortgagee instead of to Mortgagor, upon receipt of written notice from Mortgagee, without the necessity of any inquiry of Mortgagor xxx xxxxout and without the necessity of determining the existence or non-existence of an Event of Default. Mortgagor hereby appoints Mortgagee as Mortgagor’x xxxxxxeyMortgagor’s attorney-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Mortgagor’s name or in Mortgagee’s name: (ai) to endorse all checks and other instruments Mortgages received in payment of Rents and to deposit the same in any account selected by Mortgagee; (bii) to give receipts and releases in relation thereto; (ciii) to institute, prosecute and/or settle actions for the recovery of Rents; (div) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (ev) to cancel any Leases; (fvi) to enter into new Leases; and (gvii) to do all other acts and things with respect to the Leases and Rents which Mortgagee may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction of the other Obligations. Mortgagor shall pay, on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documents.. BK 23319 PG 1108

Appears in 1 contract

Samples: KBS Real Estate Investment Trust II, Inc.

Collection of Rents. Upon the occurrence of an Event of Default, the license granted to Mortgagor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee Lender may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee Lender may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting limitation to the generality of the foregoing, Mortgagee Lender may notify the tenants under the Leases that all Rents are to be paid to MortgageeLender, and following such notice all Rents shall be paid directly to Mortgagee Lender and not to Mortgagor or any other Person other than as directed by MortgageeXxxxxx, xx xxxxg it being understood that a demand by Mortgagee Xxxxxx on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee Lender without the necessity of further consent by Mortgagor. Mortgagor Xxxxxxxxx hereby irrevocably authorizes and directs the tenants under the Leases to pay all Rents to Mortgagee Lender instead of to Mortgagor, upon receipt of written notice from MortgageeXxxxxx, without the necessity of any inquiry of Mortgagor xxx xxxxout Xxxxxxxxx and without the necessity of determining the existence or non-existence of an Event of Default. Mortgagor hereby appoints Mortgagee Xxxxxx as Mortgagor’x xxxxxxeyXxxxxxxxx’s attorney-in-fact with full power of substitution, which appointment shall take effect be effective upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Xxxxxxxxx’s name or in MortgageeLender’s name: (a) to endorse all checks and other instruments received in payment of Rents and to deposit the same in any account selected by MortgageeXxxxxx; (b) to give receipts and releases in relation thereto; (c) to institute, prosecute and/or settle actions for the recovery of Rents; (d) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (e) to cancel any Leases; (f) to enter into new Leases; and (g) to do all other acts and things with respect to the Leases and Rents which Mortgagee Lender may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction accordance with the terms of the other Obligations. Mortgagor shall paysub-section (b), on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documentsabove.

Appears in 1 contract

Samples: Security Agreement and Fixture

Collection of Rents. Prior to any Event of Default hereunder, Grantor shall have a license to, and shall, collect and receive all Rents of the Property as trustee for the benefit of Lender and Grantor, apply the Rents so collected first to the payment of taxes, assessments and other charges on the Property prior to delinquency, second to the cost of insurance, maintenance and repairs required by the terms of this Deed of Trust, third to the costs of discharging any obligation or liability of Grantor under the Leases, and fourth to the Secured Obligations, with the balance, if any, to the account of Grantor provided there is no Event of Default. Upon the occurrence delivery of written notice by Xxxxxx to Grantor of an Event of Default, Default hereunder and stating that Lender exercises its rights to the license granted to Mortgagor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the LeasesRents, and Mortgagee may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting the generality of the foregoing, Mortgagee may notify the tenants under the Leases that all Rents are to be paid to Mortgagee, and following such notice all Rents shall be paid directly to Mortgagee and not to Mortgagor or any other Person other than as directed by Mortgagee, xx xxxxg understood that a demand by Mortgagee on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee without the necessity of further consent Lender entering upon and taking and maintaining full control of the Property in person, by Mortgagoragent or by a court-appointed receiver, Xxxxxx shall immediately be entitled to possession of all Rents from the Property as the same become due and payable including without limitation Rents then due and unpaid, and all such Rents shall immediately upon delivery of such notice be held by Grantor as trustee for the benefit of Xxxxxx only. Mortgagor Upon delivery of such written notice by Xxxxxx, Grantor hereby irrevocably authorizes and directs agrees to direct each tenant or occupant of the tenants under the Leases Property to pay all Rents to Mortgagee instead of to Mortgagor, upon receipt of Lender on Xxxxxx’s written notice from Mortgageedemand therefor, without any liability on the necessity part of any inquiry of Mortgagor xxx xxxxout the necessity of determining said tenant or occupant to inquire further as to the existence or non-existence of an Event of Defaulta default by Grantor. Mortgagor Grantor hereby appoints Mortgagee authorizes Xxxxxx as Mortgagor’x xxxxxxeyXxxxxxx’s attorney-in-fact with full power of substitutionto make such direction to tenants and occupants upon Grantor’s failure to do so as required herein. Payments made to Lender by tenants or occupants shall, which appointment shall take effect upon the occurrence of an Event of Default as to such tenants and is coupled with an interest and is irrevocable prior to the full and final payment and performance occupants, be in discharge of the Obligationspayors’ obligations to Grantor. Lender may exercise, in Mortgagor’x xxxx xr in MortgageeLender’s or Grantor’s name: (a) , all rights and remedies available to endorse all checks and other instruments received in payment of Rents and to deposit the same in any account selected by Mortgagee; (b) to give receipts and releases in relation thereto; (c) to institute, prosecute and/or settle actions for the recovery of Rents; (d) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (e) to cancel any Leases; (f) to enter into new Leases; and (g) to do all other acts and things Grantor with respect to the Leases and Rents which Mortgagee may deem necessary or desirable to protect the security for the Obligationscollection of Rents. Any Rents received Nothing herein contained shall be applied first construed as obligating Lender to pay all Expenses and next in reduction perform any of Grantor’s obligations under any of the other Obligations. Mortgagor shall pay, on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan DocumentsLeases.

Appears in 1 contract

Samples: Synthetech Inc

Collection of Rents. (a) Upon the occurrence of an Event of Default, the license granted to Mortgagor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee Administrative Agent may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee Administrative Agent may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting limitation to the generality of the foregoing, Mortgagee Administrative Agent may notify the tenants under the Leases that all Rents are to be paid to MortgageeAdministrative Agent, and following such notice all Rents shall be paid directly to Mortgagee Administrative Agent and not to Mortgagor or any other Person other than as directed by MortgageeAdministrative Agent, xx xxxxg it being understood that a demand by Mortgagee Administrative Agent on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee Administrative Agent without the necessity of further consent by Mortgagor. Mortgagor hereby irrevocably authorizes and directs the tenants under the Leases Lease to pay all Rents to Mortgagee Administrative Agent instead of to Mortgagor, upon receipt of written notice from MortgageeAdministrative Agent, without the necessity of any inquiry of Mortgagor xxx xxxxout and without the necessity of determining the existence or non-existence of an Event of Default. Mortgagor hereby appoints Mortgagee Administrative Agent as Mortgagor’x xxxxxxeyMortgagor’s attorney-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Mortgagor’s name or in MortgageeAdministrative Agent’s name: (ai) to endorse all checks and other instruments received in payment of Rents and to deposit the same and any other sums so received in any account selected by MortgageeAdministrative Agent; (bii) to give receipts and releases in relation thereto; (ciii) to institute, prosecute and/or settle actions for the recovery of Rents; (div) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (ev) to cancel any Leases; (fvi) to enter into new Leases; and (gvii) to do all other acts and things with respect to the Leases and Rents which Mortgagee Administrative Agent may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction of the other Obligations. Mortgagor shall pay, on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documents.

Appears in 1 contract

Samples: FSP 50 South Tenth Street Corp

Collection of Rents. Upon the occurrence of an Event of Default, the license granted to Mortgagor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s 's rights under the Leases. Without limiting limitation to the generality of the foregoing, Mortgagee may notify the tenants under the Leases that all Rents are to be paid to Mortgagee, and following such notice all Rents shall be paid directly to Mortgagee and not to Mortgagor or any other Person other than as directed by Mortgagee, xx xxxxg it being understood that a demand by Mortgagee on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee without the necessity of further consent by Mortgagor. Mortgagor hereby irrevocably authorizes and directs the tenants under the Leases Lease to pay all Rents to Mortgagee instead of to Mortgagor, upon receipt of written notice from Mortgagee, without the necessity of any inquiry of Mortgagor xxx xxxxout and without the necessity of determining the existence or non-existence of an Event of a Default. Mortgagor hereby appoints Mortgagee as Mortgagor’x xxxxxxeyMortgagor's attorney-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of a Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Mortgagor's name or in Mortgagee’s 's name: (a) to endorse all checks and other instruments received in payment of Rents and to deposit the same in any account selected by Mortgagee; (b) to give receipts and releases in relation thereto; (c) to institute, prosecute and/or settle actions for the recovery of Rents; (d) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (e) to cancel any Leases; (f) to enter into new Leases; and (g) to do all other acts and things with respect to the Leases and Rents which Mortgagee may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction of the other Obligations. Mortgagor shall pay, on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Security Agreement (Dixie Group Inc)

Collection of Rents. (a) Upon the occurrence occurrence, and during the continuance, of an Event of Default, the license granted to Mortgagor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting limitation to the generality of the foregoing, Mortgagee may notify the tenants under the Leases that all Rents are to be paid to Mortgagee, and following such notice all Rents shall be paid directly to Mortgagee and not to Mortgagor or any other Person other than as directed by Mortgagee, xx xxxxg it being understood that a demand by Mortgagee on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee without the necessity of further consent by Mortgagor. Mortgagor hereby irrevocably authorizes and directs the tenants under the Leases Lease to pay all Rents to Mortgagee instead of to Mortgagor, upon receipt of written notice from Mortgagee, without the necessity of any inquiry of Mortgagor xxx xxxxout and without the necessity of determining the existence or non-existence of an Event of Default. Mortgagor hereby appoints Mortgagee as Mortgagor’x xxxxxxeyMortgagor’s attorney-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Mortgagor’s name or in Mortgagee’s name: (ai) to endorse all checks and other instruments Mortgages received in payment of Rents and to deposit the same in any account selected by Mortgagee; (bii) to give receipts and releases in relation thereto; (ciii) to institute, prosecute and/or settle actions for the recovery of Rents; (div) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (ev) to cancel any Leases; (fvi) to enter into new Leases; and (gvii) to do all other acts and things with respect to the Leases and Rents which Mortgagee may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction of the other Obligations. Mortgagor shall pay, on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documents.. BK 23319 PG 960

Appears in 1 contract

Samples: KBS Real Estate Investment Trust II, Inc.

Time is Money Join Law Insider Premium to draft better contracts faster.