Common use of Rights of Tenants Clause in Contracts

Rights of Tenants. Beneficiary 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 Property having an interest in the Property prior to that of Beneficiary. The failure to join any such tenant or tenants of the 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 Mortgagor as a defense in any civil action instituted to collect the Obligations, or any part thereof or any deficiency remaining unpaid after foreclosure and sale of the Property, any statue or rule of law at any time existing to the contrary notwithstanding.

Appears in 5 contracts

Samples: www.sec.gov, KBS Real Estate Investment Trust III, Inc., Grubb & Ellis Healthcare REIT II, Inc.

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Rights of Tenants. Beneficiary shall have the right and option to commence a civil action to foreclose this Mortgage Deed of Trust and to obtain a decree of foreclosure and sale subject to the rights of any tenant or tenants of the Property Premises having an interest in the Property Premises prior to that of Beneficiary. The failure to join any such tenant or tenants of the Property 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 Mortgagor Trustor as a defense in any civil action instituted to collect the ObligationsIndebtedness, or any part thereof or any deficiency remaining unpaid after foreclosure and sale of the PropertyPremises, any statue statute or rule of law at any time existing to the contrary notwithstanding.

Appears in 4 contracts

Samples: Leasehold and Fee (Grubb & Ellis Healthcare REIT, Inc.), Grubb & Ellis Healthcare REIT, Inc., NNN Healthcare/Office REIT, Inc.

Rights of Tenants. Beneficiary shall have the right and option to commence a civil action to foreclose this Mortgage Deed of Trust and to obtain a decree of foreclosure and sale subject to the rights of any tenant or tenants of the Property having an interest in the Property prior to that of Beneficiary. The failure to join any such tenant or tenants of the 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 Mortgagor Grantor as a defense in any civil action instituted to collect the Obligations, or any part thereof or any deficiency remaining unpaid after foreclosure and sale of the Property, any statue or rule of law at any time existing to the contrary notwithstanding.

Appears in 2 contracts

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

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Rights of Tenants. Beneficiary 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 Property having an interest in the Property prior to that of Beneficiarythe Lender. The failure to join any such tenant or tenants of the 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 Obligations, or any any” part thereof or any deficiency remaining unpaid after foreclosure and sale of the Property, any statue statute or rule of law at any time existing to the contrary notwithstanding.

Appears in 1 contract

Samples: Mortgage, Security Agreement (Innovative Food Holdings Inc)

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