Common use of Effect of Sale Clause in Contracts

Effect of Sale. The purchaser at any sale made under or by virtue of this Mortgage or pursuant to any judgment or decree of court shall take title to the Premises or the part thereof so sold free and discharged of the estate of Mortgagor therein, the purchaser being hereby discharged from all liability to see to the application of the purchase money. Any person, including Mortgagee, may purchase at any such sale. Mortgagee is hereby irrevocably appointed the attorney-in-fact of Mortgagor in its name and stead to make all appropriate transfers and deliveries of the Premises or any portions thereof so sold and, for this purpose, Mortgagee may execute all appropriate instruments of transfer, and may substitute one or more persons with like power, Mortgagor hereby ratifying and confirming all that its said attorneys or such substitute or substitutes shall lawfully do by virtue hereof. Nevertheless, promptly upon Mortgagee’s written request, Mortgagor shall ratify and confirm, or cause to be ratified and confirmed, any such sale or sales by executing and delivering, or by causing to be executed and delivered, to Mortgagee or to such purchaser or purchasers all such instruments as may be advisable, in the judgment of Mortgagee, for the purpose, and as may be designated, in such request. Any sale or sales made under or by virtue of this Mortgage, to the extent not prohibited by law, shall operate to divest all the estate, right, title, interest, property, claim and demand whatsoever, whether at law or in equity, of Mortgagor in, to and under the Premises, or any portions thereof so sold, and shall be a perpetual bar both at law and in equity against Mortgagor, its successors and assigns, and against any and all persons claiming or who may claim the same, or any part thereof, by, through or under Mortgagor, or its successors or assigns. The powers and agency herein granted are coupled with an interest and are irrevocable.

Appears in 3 contracts

Samples: Mortgage (Glimcher Realty Trust), Statement and Fixture Filing (Industrial Income Trust Inc.), Mortgage, Security Agreement (Industrial Income Trust Inc.)

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Effect of Sale. The purchaser at any sale made under or by virtue of this Mortgage or pursuant to any judgment or decree of court shall take title to the Premises or the part thereof so sold free and discharged of the estate of Mortgagor therein, the purchaser being hereby discharged from all liability to see to the application of the purchase money. Any person, including Mortgagee, may purchase at any such sale. Mortgagee is hereby irrevocably appointed the attorney-in-fact of Mortgagor in its name and stead to make all appropriate transfers and deliveries of the Premises or any portions thereof so sold and, for this purpose, Mortgagee may execute all appropriate instruments of transfer, and may substitute one or more persons with like power, Mortgagor hereby ratifying and confirming all that its said attorneys or such substitute or substitutes shall lawfully do by virtue hereof. Nevertheless, promptly upon Mortgagee’s Mortgagees written request, Mortgagor shall ratify and confirm, or cause to be ratified and confirmed, any such sale or sales by executing and delivering, or by causing to be executed and delivered, to Mortgagee or to such purchaser or purchasers all such instruments as may be advisable, in the judgment of Mortgagee, for the purpose, and as may be designated, in such request. Any sale or sales made under or by virtue of this Mortgage, to the extent not prohibited by law, shall operate to divest all the estate, right, title, interest, property, claim and demand whatsoever, whether at law or in equity, of Mortgagor in, to and under the Premises, or any portions thereof so sold, and shall be a perpetual bar both at law and in equity against Mortgagor, its successors and assigns, and against any and all persons claiming or who may claim the same, or any part thereof, by, through or under Mortgagor, or its successors or assigns. The powers and agency herein granted are coupled with an interest and are irrevocable.

Appears in 1 contract

Samples: Mortgage, Security Agreement (Great Lakes Reit)

Effect of Sale. The purchaser at any sale made under or by virtue of this Mortgage Deed of Trust or pursuant to any judgment or decree of court shall take title to the Premises or the part thereof so sold free and discharged of the estate of Mortgagor Grantor therein, the purchaser being hereby discharged from all liability to see to the application of the purchase money. Any person, including MortgageeBeneficiary, may purchase at any such sale. Mortgagee Beneficiary is hereby irrevocably appointed the attorney-in-fact of Mortgagor Grantor in its name and stead to make all appropriate transfers and deliveries of the Premises or any portions thereof so sold and, for this purpose, Mortgagee Beneficiary may execute all appropriate instruments of transfer, and may substitute one or more persons with like power, Mortgagor Grantor hereby ratifying and confirming all that its said attorneys or such substitute or substitutes shall lawfully do by virtue hereof. Nevertheless, promptly upon MortgageeBeneficiary’s written request, Mortgagor Grantor shall ratify and confirm, or cause to be ratified and confirmed, any such sale or sales by executing and delivering, or by causing to be executed and delivered, to Mortgagee Beneficiary or to such purchaser or purchasers all such instruments as may be advisable, in the judgment of MortgageeBeneficiary, for the purpose, and as may be designated, in such request. Any sale or sales made under or by virtue of this MortgageDeed of Trust, to the extent not prohibited by law, shall operate to divest all the estate, right, title, interest, property, claim and demand whatsoever, whether at law or in equity, of Mortgagor Grantor in, to and under the Premises, or any portions thereof so sold, and shall be a perpetual bar both at law and in equity against MortgagorGrantor, its successors and assigns, and against any and all persons claiming or who may claim the same, or any part thereof, by, through or under MortgagorGrantor, or its successors or assigns. The powers and agency herein granted are coupled with an interest and are irrevocable.

Appears in 1 contract

Samples: Industrial Income Trust Inc.

Effect of Sale. The purchaser at any sale made under or by virtue of this Mortgage or pursuant to any judgment or decree of court shall take title to the Premises or the part thereof so sold free and discharged of the estate of Mortgagor therein, the purchaser being hereby discharged from all liability to see to the application of the purchase money. Any person, [MORTGAGE, SECURITY AGREEMENT, FINANCING STATEMENT AND FIXTURE FILING] ING No. 27449 including Mortgagee, may purchase at any such sale. Mortgagee is hereby irrevocably appointed the attorney-in-fact of Mortgagor in its name and stead to make all appropriate transfers and deliveries of the Premises or any portions thereof so sold and, for this purpose, Mortgagee may execute all appropriate instruments of transfer, and may substitute one or more persons with like power, Mortgagor hereby ratifying and confirming all that its said attorneys or such substitute or substitutes shall lawfully do by virtue hereof. Nevertheless, promptly upon Mortgagee’s 's written request, Mortgagor shall ratify and confirm, or cause to be ratified and confirmed, any such sale or sales by executing and delivering, or by causing to be executed and delivered, to Mortgagee or to such purchaser or purchasers all such instruments as may be advisable, in the judgment of Mortgagee, for the purpose, and as may be designated, in such request. Any sale or sales made under or by virtue of this Mortgage, to the extent not prohibited by law, shall operate to divest all the estate, right, title, interest, property, claim and demand whatsoever, whether at law or in equity, of Mortgagor in, to and under the Premises, or any portions thereof so sold, and shall be a perpetual bar both at law and in equity against Mortgagor, its successors and assigns, and against any and all persons claiming or who may claim the same, or any part thereof, by, through or under Mortgagor, or its successors or assigns. The powers and agency herein granted are coupled with an interest and are irrevocable.

Appears in 1 contract

Samples: Equity Inns Inc

Effect of Sale. The purchaser at any sale made under or by virtue of this Mortgage Security Deed or pursuant to any judgment or decree of court shall take title to the Premises or the part thereof so sold free and discharged of the estate of Mortgagor Grantor therein, the purchaser being hereby discharged from all liability to see to the application of the purchase money. Any person, including MortgageeGrantee, may purchase at any such sale. Mortgagee Grantee is hereby irrevocably appointed the attorney-in-fact of Mortgagor Grantor in its name and stead to make all appropriate transfers and deliveries of the Premises or any portions thereof so sold and, for this purpose, Mortgagee Grantee may execute all appropriate instruments of transfer, and may substitute one or more persons with like power, Mortgagor Grantor hereby ratifying and confirming all that its said attorneys or such substitute or substitutes shall lawfully do by virtue hereof. Nevertheless, promptly upon MortgageeGrantee’s written request, Mortgagor Grantor shall ratify and confirm, or cause to be ratified and confirmed, any such sale or sales by executing and delivering, or by causing to be executed and delivered, to Mortgagee Grantee or to such purchaser or purchasers all such instruments as may be advisable, in the judgment of MortgageeGrantee, for the purpose, and as may be designated, in such request. Any sale or sales made under or by virtue of this MortgageSecurity Deed, to the extent not prohibited by law, shall operate to divest all the estate, right, title, interest, property, claim and demand whatsoever, whether at law or in equity, of Mortgagor Grantor in, to and under the Premises, or any portions thereof so sold, and shall be a perpetual bar both at law and in equity against MortgagorGrantor, its successors and assigns, and against any and all persons claiming or who may claim the same, or any part thereof, by, through or under MortgagorGrantor, or its successors or assigns. The powers and agency herein granted are coupled with an interest and are irrevocable.

Appears in 1 contract

Samples: Secure Debt and Security Agreement (Strategic Storage Trust, Inc.)

Effect of Sale. The purchaser at any sale made under or by virtue of this Mortgage Deed or pursuant to any judgment or decree of court shall take title to the Premises or the part thereof so sold free and discharged of the estate of Mortgagor Grantor therein, the purchaser being hereby discharged from all liability to see to the application of the purchase money. Any person, including MortgageeGrantee, may purchase at any such sale. Mortgagee Grantee is hereby irrevocably appointed the attorney-in-fact of Mortgagor Grantor in its name and stead to make all appropriate transfers and deliveries of the Premises or any portions thereof so sold and, for this purpose, Mortgagee Grantee may execute all appropriate instruments of transfer, and may substitute one or more persons with like power, Mortgagor [DEED TO SECURE DEBT AND SECURITY AGREEMENT] ING No. 28315 Grantor hereby ratifying and confirming all that its said attorneys or such substitute or substitutes shall lawfully do by virtue hereof. Nevertheless, promptly upon MortgageeGrantee’s written request, Mortgagor Grantor shall ratify and confirm, or cause to be ratified and confirmed, any such sale or sales by executing and delivering, or by causing to be executed and delivered, to Mortgagee Grantee or to such purchaser or purchasers all such instruments as may be advisable, in the judgment of MortgageeGrantee, for the purpose, and as may be designated, in such request. Any sale or sales made under or by virtue of this MortgageDeed, to the extent not prohibited by law, shall operate to divest all the estate, right, title, interest, property, claim and demand whatsoever, whether at law or in equity, of Mortgagor Grantor in, to and under the Premises, or any portions thereof so sold, and shall be a perpetual bar both at law and in equity against MortgagorGrantor, its successors and assigns, and against any and all persons claiming or who may claim the same, or any part thereof, by, through or under MortgagorGrantor, or its successors or assigns. The powers and agency herein granted are coupled with an interest and are irrevocable.

Appears in 1 contract

Samples: Security Agreement (Industrial Income Trust Inc.)

Effect of Sale. The purchaser at any sale made under or by virtue of this Mortgage or pursuant to any judgment or decree of court shall take title to the Premises or the part thereof so sold free and discharged of the estate of Mortgagor therein, the purchaser being hereby discharged from all liability to see to the application of the purchase money. Any person, including MortgageeMortgagee and any Lender, may purchase at any such sale. Mortgagee is hereby irrevocably appointed the attorney-in-fact of Mortgagor in its name and stead to make all appropriate transfers and deliveries of the Premises or any portions thereof so sold and, for this purpose, Mortgagee may execute all appropriate instruments of transfer, and may substitute one or more persons with like power, Mortgagor hereby ratifying and confirming all that its said attorneys or such substitute or substitutes shall lawfully do by virtue hereof. Nevertheless, promptly upon Mortgagee’s written request, Mortgagor shall ratify and confirm, or cause to be ratified and confirmed, any such sale or sales by executing and delivering, or by causing to be executed and delivered, to Mortgagee or to such purchaser or purchasers all such instruments as may be advisable, in the judgment of Mortgagee, for the purpose, and as may be designated, in such request. Any sale or sales made under or by virtue of this Mortgage, to the extent not prohibited by law, shall operate to divest all the estate, right, title, interest, property, claim and demand whatsoever, whether at law or in equity, of Mortgagor in, to and under the Premises, or any portions thereof so sold, and shall be a perpetual bar both at law and in equity against Mortgagor, its successors and assigns, and against any and all persons claiming or who may claim the same, or any part thereof, by, through or under Mortgagor, or its successors or assigns. The powers and agency herein granted are coupled with an interest and are irrevocable.

Appears in 1 contract

Samples: Security Agreement and Fixture (Prime Group Realty Trust)

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Effect of Sale. The purchaser Any sale or sales of the Property, whether under the Power of Sale herein granted and conferred or by virtue of judicial proceedings, shall operate to divest all right, title, interest, claim, and demand whatsoever either at law or in equity, of Borrower of, in, and to the Property and the property sold, and shall be a perpetual bar, both at law and in equity, against Borrower, Borrower’s successors, and against any and all persons claiming or who shall thereafter claim all or any of the Property sold from, through or under Borrower, or Borrower’s successors or assigns. Upon the completion of any sale or sales made by Lender under or by virtue of this Mortgage Article, Lender, or pursuant an officer of any court empowered to any judgment or decree of court do so, shall take title execute and deliver to the Premises accepted purchaser or the part thereof so sold free purchasers a good and discharged of the estate of Mortgagor therein, the purchaser being hereby discharged from all liability to see sufficient interest in and to the application of the purchase moneyproperty and rights sold. Any person, including Mortgagee, may purchase at any such sale. Mortgagee Lender is hereby irrevocably appointed the attorney-in-fact true and lawful irrevocable attorney of Mortgagor Borrower, in its name and stead stead, to make all appropriate necessary conveyances, assignments, transfers and deliveries of the Premises or any portions thereof Property and rights so sold and, and for this purpose, Mortgagee that purpose Lender may execute all appropriate necessary instruments of conveyance, assignment and transfer, and may substitute one or more persons Persons with like power, Mortgagor Borrower hereby ratifying and confirming all that its said attorneys attorney or such substitute or substitutes shall lawfully do by virtue hereof. hereof Nevertheless, promptly upon Mortgagee’s written requestBorrower, Mortgagor if requested by Lender so to do, shall ratify and confirm, or cause to be ratified and confirmed, any such sale or sales by executing and delivering, or by causing to be executed and delivered, to Mortgagee or to such purchaser or purchasers all such instruments as may be advisable, join in the judgment execution and delivery of Mortgageeall proper conveyances, for assignments and transfers of the purpose, and as may be designated, in such request. Any sale or sales made under or by virtue of this Mortgage, to the extent not prohibited by law, shall operate to divest all the estate, right, title, interest, property, claim and demand whatsoever, whether at law or in equity, of Mortgagor in, to and under the Premises, or any portions thereof properties so sold, and shall be a perpetual bar both at law and in equity against Mortgagor, its successors and assigns, and against any and all persons claiming or who may claim the same, or any part thereof, by, through or under Mortgagor, or its successors or assigns. The powers and agency herein granted are coupled with an interest and are irrevocable.Mortgage CD Form 127 Page 54 Loan No. 110686537 File No. 123-33001 04-09-11

Appears in 1 contract

Samples: Consolidation, Modification and Extension Agreement (Clipper Realty Inc.)

Effect of Sale. The purchaser at any sale made under or by virtue of this Mortgage or pursuant to any judgment or decree of court shall take title to the Leasehold Premises or the part thereof so sold free and discharged of the estate of Mortgagor therein, the purchaser being hereby discharged from all liability to see to the application of the purchase money. Any person, including MortgageeMortgagee and any Lender, may purchase at any such sale. Mortgagee is hereby irrevocably appointed the attorney-in-fact of Mortgagor in its name and stead to make all appropriate transfers and deliveries of the Leasehold Premises or any portions thereof so sold and, for this purpose, Mortgagee may execute all appropriate instruments of transfer, and may substitute one or more persons with like power, Mortgagor hereby ratifying and confirming all that its said attorneys or such substitute or substitutes shall lawfully do by virtue hereof. Nevertheless, promptly upon Mortgagee’s written request, Mortgagor shall ratify and confirm, or cause to be ratified and confirmed, any such sale or sales by executing and delivering, or by causing to be executed and delivered, to Mortgagee or to such purchaser or purchasers all such instruments as may be advisable, in the judgment of Mortgagee, for the purpose, and as may be designated, in such request. Any sale or sales made under or by virtue of this Mortgage, to the extent not prohibited by law, shall operate to divest all the estate, right, title, interest, property, claim and demand whatsoever, whether at law or in equity, of Mortgagor in, to and under the Leasehold Premises, or any portions thereof so sold, and shall be a perpetual bar both at law and in equity against Mortgagor, its successors and assigns, and against any and all persons claiming or who may claim the same, or any part thereof, by, through or under Mortgagor, or its successors or assigns. The powers and agency herein granted are coupled with an interest and are irrevocable.

Appears in 1 contract

Samples: Prime Group Realty Trust

Effect of Sale. The purchaser at any sale made under or by virtue of this Mortgage Deed of Trust or pursuant to any judgment or decree of court shall take title to the Premises Mortgaged Property or the part thereof so sold free and discharged of the estate of Mortgagor Grantor therein, the purchaser being hereby discharged from all liability to see to the application of the purchase money. Any person, including Mortgagee, any of the Bank may purchase at any such sale. Mortgagee Trustee is hereby irrevocably appointed the attorney-in-in- fact of Mortgagor Grantor in its name and stead to make all appropriate transfers and deliveries of the Premises Mortgaged Property or any portions thereof so sold and, for this purpose, Mortgagee Trustee may execute all appropriate instruments of transfer, and may substitute one or more persons with like power, Mortgagor Grantor hereby ratifying and confirming all that its said attorneys or such substitute or substitutes shall lawfully do by virtue hereof. Nevertheless, promptly upon Mortgagee’s written request, Mortgagor Grantor shall ratify and confirm, or cause to be ratified and confirmed, any such sale or sales by executing and delivering, or by causing to be executed and delivered, to Mortgagee Trustee or Bank or to such purchaser or purchasers all such instruments as may be advisable, in the judgment of MortgageeTrustee or Bank, for the purpose, and as may be designated, in such request. Any sale or sales made under or by virtue of this MortgageDeed of Trust, to the extent not prohibited by law, shall operate to divest all the estate, right, title, interest, property, claim and demand whatsoever, whether at law or in equity, of Mortgagor Grantor in, to and under the PremisesMortgaged Property, or any portions thereof so sold, and shall be a perpetual bar both at law and in equity against MortgagorGrantor, its successors and assigns, and against any and all persons claiming or who may claim the same, or any part thereof, by, through or under MortgagorGrantor, or its successors or assigns. The powers and agency herein granted are coupled with an interest and are irrevocable.

Appears in 1 contract

Samples: Trust and Security Agreement (Chestnut Real Estate Partnership)

Effect of Sale. The purchaser at any sale made under or by virtue of this Mortgage or pursuant to any judgment or decree of court shall take title to the Premises Mortgaged Property or the part thereof so sold free and discharged of the estate of Mortgagor therein, the purchaser being hereby discharged from all liability to see to the application of the purchase money. Any person, including Mortgagee, may purchase at any such sale. Mortgagee is hereby irrevocably appointed the attorney-in-fact of Mortgagor in its name and stead to make all appropriate transfers and deliveries of the Premises Mortgaged Property or any portions thereof so sold and, for this purpose, Mortgagee may execute all appropriate instruments of transfer, and may substitute one or more persons with like power, Mortgagor hereby ratifying and confirming all that its said attorneys or such substitute or substitutes shall lawfully do by virtue hereof. Nevertheless, promptly upon Mortgagee’s written request, Mortgagor shall ratify and confirm, or cause to be ratified and confirmed, any such sale or sales by executing and delivering, or by causing to be executed and delivered, to Mortgagee or to such purchaser or purchasers all such instruments as may be advisable, in the judgment of Mortgagee, for the purpose, and as may be designated, in such request. Any sale or sales made under or by virtue of this Mortgage, to the extent not prohibited by law, shall operate to divest all the estate, right, title, interest, property, claim and demand whatsoever, whether at law or in equity, of Mortgagor in, to and under the PremisesMortgaged Property, or any portions thereof so sold, and shall be a perpetual bar both at law and in equity against Mortgagor, its successors and assigns, and against any and all persons claiming or who may claim the same, or any part thereof, by, through or under Mortgagor, or its successors or assigns. The powers and agency herein granted are coupled with an interest and are irrevocable.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Glimcher Realty Trust)

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