Action for Possession Clause Samples
Action for Possession. The provisions of this Section shall apply whenever and as often as Mortgagee shall have the right to take possession of the Mortgaged Property. Mortgagor irrevocably appoints, authorizes and empowers any attorney of any court of competent jurisdiction to appear as attorney, and, in addition, as attorney-in-fact (which appointment shall be deemed coupled with an interest), for Mortgagor, as well as for all persons claiming under, by or through Mortgagor, to sign an agreement for entering in any such court an amicable action in ejectment for possession of the Mortgaged Property, without the necessity of filing any bond and without any stay of execution or appeal, against Mortgagor and all persons claiming under, by or through Mortgagor, and/or, as Mortgagee may elect, confess judgment in ejectment for the recovery by Mortgagee of possession of the Mortgaged Property. For all such action this instrument, or a copy thereof verified by affidavit of Mortgagee or anyone on behalf of Mortgagee, shall be a sufficient warrant. Upon entry of such agreement or judgment, a writ of possession or other appropriate process to obtain possession of the Mortgaged Property may be issued forthwith, without any prior writ or proceeding whatsoever, Mortgagor hereby releasing and agreeing to release Mortgagee and said attorneys from all errors and defects whatsoever in entering such agreement or judgment or in causing such writ or process to be issued or in any proceeding thereon or concerning the same, provided that Mortgagee shall have filed in such action an affidavit made by someone on Mortgagee's behalf setting forth the facts necessary to authorize the entry of such agreement or judgment according to the terms of this Mortgage, of which facts such affidavit shall be conclusive evidence. If for any reason after any such action has been commenced, the same shall be discontinued, marked satisfied of record or be terminated, or possession of the Mortgaged Property remain in or be restored to Mortgagor or anyone claiming under, by or through Mortgagor, Mortgagee may, whenever and as often as Mortgagee shall have the right to take possession again of the Mortgaged Property, bring one or more further amicable actions in the manner herein before set forth to recover possession of the Mortgaged Property and to enter one or more confessed judgments as hereinabove provided, and the authority and power above given to any such attorney shall extend to all such further amicable actions ...
Action for Possession. If Borrower should fail for any reason to surrender possession or if Borrower should fail for any reason to deliver possession of the Collateral, or any part or parts thereof or interests therein, to Bank after the earlier of Bank’s demand therefor or Bank’s attempt to gain possession without prior demand, Bank may obtain, without prior notice to Borrower and without Borrower having a hearing thereon, a judgment or decree conferring on Bank and Bank’s agents the right to immediate possession of all of the Collateral, or such part or parts thereof or interests therein, as Bank may elect, and a judgment or decree requiring Borrower to surrender and deliver immediate possession of all of the Collateral to Bank, or such part or parts thereof or interests therein, as Bank may elect. If Bank seeks such a judgment or decree, Borrower does hereby consent in advance to the entry of such judgment or decree without prior notice to Borrower and without Borrower having a hearing thereon; Borrower reserving, however, the right to challenge at a subsequent time the existence of a Default Condition or an Event of Default. Borrower shall pay to Bank, upon demand, all costs and expenses of obtaining such judgment or decree, including reasonable compensation to Bank, its attorneys and agents; and all such costs and expenses shall, until paid, be secured by the lien and security interest of Bank in the Collateral, and shall be payable on demand with interest from date of the Event of Default at the highest contract rate payable under the Note.
Action for Possession. If Borrower should fail for any reason to surrender possession or if Borrower should fail for any reason to deliver possession of the Collateral, or any part or parts thereof or interests therein, to Bank after the earlier of Bank's demand therefor or Bank's attempt to gain possession without prior demand, Bank may obtain a judgment or decree conferring on Bank and Bank's agents the right to immediate possession of all of the Collateral, or such part or parts thereof or interests therein, as Bank may elect, and a judgment or decree requiring Borrower to surrender and deliver immediate possession of all of the Collateral to Bank, or such part or parts thereof or interests therein, as Bank may elect. Borrower shall pay to Bank, upon demand, all costs and expenses of obtaining such judgment or decree, including reasonable compensation to Bank, its attorneys and agents; and all such costs and expenses shall, until paid, be secured by the lien and security interest of Bank in the Collateral, and shall be payable on demand with interest from date of demand at the highest contract rate payable under the Note.