Common use of Entry on Mortgaged Property Clause in Contracts

Entry on Mortgaged Property. Grantee is authorized, prior or subsequent to the institution of any foreclosure proceedings, to the fullest extent permitted by applicable law, to enter upon the Mortgaged Property, or any part thereof, and to take possession of the Mortgaged Property and all books and records relating thereto, and to exercise without interference from Grantor any and all rights which Grantor has with respect to the management, possession, operation, protection or preservation of the Mortgaged Property. Grantee shall not be deemed to have taken possession of the Mortgaged Property or any part thereof except upon the exercise of its right to do so, and then only to the extent evidenced by its demand and overt act specifically for such purpose. All costs, expenses and liabilities of every character incurred by Grantee in managing, operating, maintaining, protecting or preserving the Mortgaged Property shall constitute a demand obligation of Grantor (which obligation Grantor hereby promises to pay) to Grantee pursuant to this Deed of Trust. If necessary to obtain the possession provided for above, Grantee may invoke any and all legal remedies to dispossess Grantor. In connection with any action taken by Grantee pursuant to this Section, Grantee shall not be liable for any loss sustained by Grantor resulting from any failure to let the Mortgaged Property or any part thereof, or from any act or omission of Grantee in managing the Mortgaged Property unless such loss is caused by the willful misconduct and bad faith of Grantee (provided that Grantee shall be liable only for loss caused by its own willful misconduct and bad faith), nor shall Grantee be obligated to perform or discharge any obligation, duty or liability of Grantor arising under any lease or other agreement relating to the Mortgaged Property or arising under any of the Permitted Encumbrances or otherwise arising. Grantor hereby assents to, ratifies and confirms any and all actions of Grantee with respect to the Mortgaged Property taken under this Section.

Entry on Mortgaged Property. Grantee Administrative Lender is authorized, prior or subsequent to the institution of any foreclosure proceedings, to the fullest extent permitted by applicable law, to enter upon the Mortgaged Property, or any part thereof, and to take possession of the Mortgaged Property and all books and records relating thereto, and to exercise without interference from Grantor any and all rights which Grantor has with respect to the management, possession, operation, protection or preservation of the Mortgaged Property. Grantee Administrative Lender shall not be deemed to have taken possession of the Mortgaged Property or any part thereof except upon the exercise of its right to do so, and then only to the extent evidenced by its demand and overt act specifically for such purpose. All costs, expenses and liabilities of every character incurred by Grantee Administrative Lender in managing, operating, maintaining, protecting or preserving the Mortgaged Property shall constitute a demand obligation of Grantor (which obligation Grantor hereby promises to pay) to Grantee Administrative Lender pursuant to this Deed of TrustMortgage. If necessary to obtain the possession provided for above, Grantee Administrative Lender may invoke any and all legal remedies to dispossess Grantor. In connection with any action taken by Grantee Administrative Lender pursuant to this Section, Grantee Administrative Lender shall not be liable for any loss sustained by Grantor resulting from any failure to let the Mortgaged Property or any part thereof, or from any act or omission of Grantee Administrative Lender in managing the Mortgaged Property unless such loss is caused by the willful misconduct and bad faith of Grantee (provided that Grantee shall be liable only for loss caused by its own willful misconduct and bad faith)Administrative Lender, nor shall Grantee Administrative Lender be obligated to perform or discharge any obligation, duty or liability of Grantor arising under any lease or other agreement relating to the Mortgaged Property or arising under any of the Permitted Encumbrances Encumbrance or otherwise arising. Grantor hereby assents to, ratifies and confirms any and all actions of Grantee Administrative Lender with respect to the Mortgaged Property taken under this SectionSection 5.1.

Entry on Mortgaged Property. Grantee Holder is authorized, prior or subsequent to the institution of any foreclosure proceedings, to the fullest extent permitted by applicable law, to enter upon the Mortgaged Property, or any part thereof, and to take possession of the Mortgaged Property and all books and records relating thereto, and to exercise without interference from Grantor any and all rights which Grantor has with respect to the management, possession, operation, protection or preservation of the Mortgaged Property. Grantee Holder shall not be deemed to have taken possession of the Mortgaged Property or any part thereof except upon the exercise of its right to do so, and then only to the extent evidenced by its demand and overt act specifically for such purpose. All costs, expenses and liabilities of every character incurred by Grantee Xxxxxx in managing, operating, maintaining, protecting or preserving the Mortgaged Property shall constitute a demand obligation of Grantor (which obligation Grantor hereby promises to pay) to Grantee Holder pursuant to this Deed of TrustMortgage. If necessary to obtain the possession provided for above, Grantee . Holder may invoke any and all legal remedies to dispossess Grantor. In connection with any action taken by Grantee Holder pursuant to this Section, Grantee Holder shall not be he liable for any loss sustained by Grantor resulting from any failure to let the Mortgaged Property or any part thereof, or from any act or omission of Grantee Holder in managing the Mortgaged Property unless such loss is caused by the gross negligence, willful misconduct and misconduct, or bad faith of Grantee (provided that Grantee shall be liable only for loss caused by its own willful misconduct and bad faith)Holder, nor shall Grantee Holder be obligated to perform or discharge any obligation, duty or liability of Grantor arising under any lease or other agreement relating to the Mortgaged Property or arising under any of the Permitted Encumbrances Encumbrance or otherwise arising. Grantor hereby assents to, ratifies and confirms any and all actions of Grantee Holder with respect to the Mortgaged Property taken under this Section.

Entry on Mortgaged Property. Grantee The Beneficiary is authorized, prior or subsequent to the institution of any foreclosure proceedings, to the fullest extent permitted by applicable law, subject to Grantor's rights under any lease, to enter upon the Mortgaged Property, or any part thereof, and to take possession of the Mortgaged Property and all books and records relating thereto, and to exercise without interference from Grantor any and all rights which Grantor has with respect to the management, possession, operation, protection or preservation of the Mortgaged Property. Grantee The Beneficiary shall not be deemed to have taken possession of the Mortgaged Property or any part thereof except upon the exercise of its right to do so, and then only to the extent evidenced by its demand and overt act specifically for such purpose. All costs, expenses and liabilities of every character incurred by Grantee the Beneficiary in managing, operating, maintaining, protecting or preserving the Mortgaged Property after taking possession of the Mortgaged Property and in preparation for any foreclosure sale shall constitute a demand obligation of Grantor (which obligation Grantor hereby promises to pay) to Grantee the Beneficiary pursuant to this Deed of Trust. If necessary to obtain the possession provided for above, Grantee the Beneficiary may invoke any and all legal remedies to dispossess Grantor. In connection with any action taken by Grantee the Beneficiary pursuant to this Section, Grantee the Beneficiary shall not be liable for any loss sustained by Grantor resulting from any failure to let the Mortgaged Property or any part thereof, or from any act or omission of Grantee the Beneficiary in managing the Mortgaged Property unless such loss is caused by the gross negligence or willful misconduct and bad faith of Grantee (provided that Grantee shall be liable only for loss caused by its own willful misconduct and bad faith)the Beneficiary, nor shall Grantee the Beneficiary be obligated to perform or discharge any obligation, duty or liability of Grantor arising under any lease or other agreement relating to the Mortgaged Property or arising under any of the Permitted Encumbrances Encumbrance or otherwise arising. Grantor hereby assents to, ratifies and confirms any and all actions of Grantee the Beneficiary with respect to the Mortgaged Property taken under this Section.