Common use of Actions and Proceedings Clause in Contracts

Actions and Proceedings. Lender or Trustee has the right to appear in and defend any action or proceeding brought with respect to the Property and, after the occurrence and during the continuance of an Event of Default, to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 6 contracts

Samples: Deed of Trust, Assignment of Leases and Rents, Fixture Filing and Security Agreement (Manufactured Housing Properties Inc.), Deed of Trust, Assignment of Leases and Rents, Fixture Filing and Security Agreement (Manufactured Housing Properties Inc.), Deed of Trust and Security Agreement (Innovative Micro Technology Inc)

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Actions and Proceedings. Lender or Trustee has the right to appear in and defend any action or proceeding brought with respect to the Property and, after the occurrence and during the continuance of an Event of Default, to bring any action or proceeding, in the name and on behalf of BorrowerXxxxxxxx, which LenderXxxxxx, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 3 contracts

Samples: Deed of Trust and Security Agreement (Corporate Property Associates 15 Inc), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Corporate Property Associates 15 Inc), Deed of Trust (Pyramid Breweries Inc)

Actions and Proceedings. Lender or Trustee has shall have the right to appear in and defend any action or proceeding brought with respect to the Property and, after the occurrence and during the continuance of an Event of Default, to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its sole discretion, decides should be brought to protect its interest in the Property.

Appears in 2 contracts

Samples: Deed of Trust, Assignment of Leases and Rents and Security Agreement (Lodging Fund REIT III, Inc.), Deed of Trust, Assignment of Leases and Rents and Security Agreement (Lodging Fund REIT III, Inc.)

Actions and Proceedings. Lender and Trustee, or Trustee either of them, has the right to appear in and defend any action or proceeding brought with respect to the Property and, after the occurrence and during the continuance of an Event of Default, to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 2 contracts

Samples: Deed of Trust and Security Agreement (Maguire Properties Inc), Deed of Trust and Security Agreement

Actions and Proceedings. Lender or Trustee has the right to appear in and defend any action or proceeding brought with respect to the Property andProperty, and after the occurrence and during the continuance of an Event of Default, to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 2 contracts

Samples: Deed of Trust and Security Agreement, Deed of Trust and Security Agreement (Global Geophysical Services Inc)

Actions and Proceedings. Lender [or Trustee Trustee] has the right to appear in and defend any action or proceeding brought with respect to the Property and, after the occurrence and during the continuance of an Event of Default, to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 2 contracts

Samples: Mortgage (Deed of Trust), Mortgage (KBS Real Estate Investment Trust, Inc.)

Actions and Proceedings. Lender or and/or Trustee has shall have the right to appear in and defend any action or proceeding brought with respect to the Property and, after the occurrence and during the continuance of an Event of Default, to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its reasonable discretion, decides should be brought to protect its interest in the Property.

Appears in 2 contracts

Samples: Guarantor Deed of Trust, Assignment of Leases and Rents, Security Agreement and Guaranty (Horizon Group Properties Inc), Deed of Trust, Assignment of Leases and Rents and Security Agreement (Horizon Group Properties Inc)

Actions and Proceedings. Lender or Trustee has the right to appear in and defend any action or proceeding brought with respect to the Property and, after the occurrence and during the continuance of an Event of Default, to bring any action or proceeding, in the name and on behalf of BorrowerTrustor, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement (Felcor Lodging Trust Inc)

Actions and Proceedings. Lender or Trustee has the right to appear in and defend any action or proceeding brought with respect to the Property and, after the occurrence and during the continuance of an Event of Default, to bring any action or proceeding, in the name and on behalf of Borrower, which LenderXxxxxx, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 1 contract

Samples: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Inland Western Retail Real Estate Trust Inc)

Actions and Proceedings. Lender or Trustee has the right to appear in and defend any action or proceeding brought with respect to the Property and, after the occurrence and during the continuance of an Event of Default, to bring any bringany action or proceeding, in the name and on behalf of Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement (Koger Equity Inc)

Actions and Proceedings. Lender or Trustee has the right to appear in and defend any action or proceeding brought with respect to the Property and, after the occurrence and during the continuance of an Event of Default, to bring any action or proceeding, in the name and on behalf of BorrowerMortgagor, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 1 contract

Samples: Deed of Trust (FelCor Lodging Trust Inc)

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Actions and Proceedings. Lender or Trustee has the right to appear in and defend any action or proceeding brought with respect to the Property andProperty, after if reasonably necessary to protect Lender's interest in the occurrence Property, and during the continuance of an Event of Default, to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its reasonable discretion, decides should be brought to protect its interest in the Property.

Appears in 1 contract

Samples: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Lasalle Hotel Properties)

Actions and Proceedings. Lender or Trustee has the right to appear in In and defend any action or proceeding brought with respect to the Property and, after the occurrence and during the continuance of an Event of Default, to bring any action or proceeding, in the name and on behalf of BorrowerXxxxxxxx, which Lender, in its discretion, Xxxxxx decides should be brought to protect its interest in the Property.

Appears in 1 contract

Samples: Trust Agreement (Netreit, Inc.)

Actions and Proceedings. Lender or Trustee has the right to appear in and defend any action or proceeding brought with respect to the Property and, after the occurrence and during the continuance of an Event of Default, to bring any action or proceeding, in the name and on behalf of Borrower, which LenderLendxx, in xx its discretion, decides should be brought to protect its interest in the Property.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement (Glimcher Realty Trust)

Actions and Proceedings. Lender or Trustee has the right to appear in and defend any action or proceeding brought with respect to the Property and, after the occurrence and during the continuance of an Event of Default, to bring any action or proceeding, in the name and on behalf of BorrowerGrantor, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 1 contract

Samples: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Moody National REIT I, Inc.)

Actions and Proceedings. Lender or Trustee has the right to appear in and defend any action or proceeding brought with respect to the Property and, after the occurrence and during the continuance of an Event of Default, to bring any action or proceeding, in the name and on behalf of any Borrower, which LenderXxxxxx, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement (Ventas Inc)

Actions and Proceedings. During the continuance of an Event of Default, Lender or Trustee has the right to appear in and defend any action or proceeding brought with respect to the Property and, after the occurrence and during the continuance of an Event of Default, to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 1 contract

Samples: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Brookfield DTLA Fund Office Trust Investor Inc.)

Actions and Proceedings. Lender or Trustee has the right to appear in and defend any action or proceeding brought with respect to the Property and, after the occurrence and during the continuance of an Event of Default, to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its reasonable discretion, decides should be brought is necessary to protect its interest in the Property.

Appears in 1 contract

Samples: Leasehold Deed of Trust, Assignment of Leases and Rents, Fixture Filing and Security Agreement (Taubman Centers Inc)

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