Rights of Tenants. The Lender shall have the right and option to commence a civil action to foreclose this Mortgage and to obtain a decree of foreclosure and sale subject to the rights of any tenant or tenants of the Premises having an interest in the Premises prior to that of the Lender. The failure to join any such tenant or tenants of the Premises as party defendant or defendants in any such civil action or the failure of any decree of foreclosure and sale to foreclose their rights shall not be asserted by the Mortgagor as a defense in any civil action instituted to collect the Indebtedness, or any part thereof or any deficiency remaining unpaid after foreclosure and sale of the Premises, any statute or rule of law at any time existing to the contrary notwithstanding.
Appears in 12 contracts
Samples: Mortgage, Security Agreement (GK Investment Property Holdings II LLC), Mortgage, Security Agreement (GK Investment Property Holdings II LLC), Mortgage, Security Agreement (Lifeway Foods Inc)
Rights of Tenants. The Lender Mortgagee shall have the right and option to commence a civil action to foreclose this Mortgage and to obtain a decree of foreclosure and sale subject to the rights of any tenant or tenants of the Premises having an interest in the Premises prior to that of the LenderMortgagee. The failure to join any such tenant or tenants of the Premises as party defendant or defendants in any such civil action or the failure of any decree of foreclosure and sale to foreclose their rights shall not be asserted by the Mortgagor as a defense in any civil action instituted to collect the Indebtedness, or any part thereof or any deficiency remaining unpaid after foreclosure and sale of the Premises, any statute or rule of law at any time existing to the contrary notwithstanding.
Appears in 8 contracts
Samples: Construction Mortgage, Security Agreement (Textura Corp), Fixture Filing (Wells Mid-Horizon Value-Added Fund I LLC), Security Agreement and Fixture Filing (Wells Mid-Horizon Value-Added Fund I LLC)
Rights of Tenants. The Lender shall have the right and option to commence a civil action to foreclose this Mortgage and to obtain a decree of foreclosure and sale subject to the rights of any tenant or tenants of the Premises having an interest in the Premises prior to that of the Lender. The failure to join any such tenant or tenants of the Premises as party defendant or defendants in any such civil action or the failure of any decree of foreclosure and sale to foreclose their rights shall not be asserted by the Mortgagor as a defense in any civil action instituted to collect the Indebtedness, or any part thereof or any deficiency remaining unpaid after foreclosure and sale of the Premises, any statute or rule of law at any time existing to the contrary notwithstanding.
Appears in 4 contracts
Samples: Mortgage, Security Agreement (Adcare Health Systems, Inc), Mortgage, Security Agreement (Adcare Health Systems, Inc), Mortgage, Security Agreement (Adcare Health Systems, Inc)
Rights of Tenants. The Lender Mortgagee shall have the right and option to commence a civil action to foreclose this Mortgage and to obtain a decree of foreclosure and sale subject to the rights of any tenant or tenants of the Premises Property having an interest in the Premises Property prior to that of the LenderMortgagee. The failure to join any such tenant or tenants of the Premises Property as party defendant or defendants in any such civil action or the failure of any decree of foreclosure and sale to foreclose their rights shall not be asserted by the Mortgagor as a defense in any civil action instituted to collect the IndebtednessObligations, or any part thereof or any deficiency remaining unpaid after foreclosure and sale of the PremisesProperty, any statute statue or rule of law at any time existing to the contrary notwithstanding.
Appears in 2 contracts
Samples: Easement and Construction Agreement (KBS Real Estate Investment Trust III, Inc.), KBS Real Estate Investment Trust III, Inc.
Rights of Tenants. The Lender Mortgagee shall have the right and option to commence a civil action to foreclose this Mortgage and to obtain a decree of foreclosure and sale subject to the rights of any tenant or tenants of the Premises having an interest in the Premises prior to that of the LenderMortgagee. The failure to join any such tenant or tenants of the Premises as party defendant or defendants in any such civil action or the failure of any decree of foreclosure and sale to foreclose their rights shall not be asserted by the Mortgagor as a defense in any civil action instituted to collect the Indebtedness, or any part thereof or any deficiency remaining unpaid after foreclosure and sale of the Premises, any statute or rule of law at any time existing to the contrary notwithstanding.
Appears in 2 contracts
Samples: Mortgage, Security Agreement (American Medical Systems Holdings Inc), Security Agreement and Fixture Filing (General Datacomm Industries Inc)
Rights of Tenants. The Lender Mortgagee shall have the right and option to commence a civil action to foreclose this Mortgage and to obtain a decree of foreclosure and sale subject to the rights of any tenant or tenants of the Premises having an interest in the Premises prior to that of the LenderMortgagee. The failure to join any such tenant or tenants of the Premises as party defendant or defendants in any such civil action or the failure of any decree of foreclosure and sale to foreclose their rights shall not be asserted by the Mortgagor as a defense in any civil action instituted to collect the Indebtedness, Indebtedness or any part thereof or any deficiency remaining unpaid after foreclosure and sale of the Premises, any statute or rule of law at any time existing to the contrary notwithstanding.
Appears in 1 contract
Samples: Adcare Health Systems, Inc