Common use of Application of Rents and Other Sums Clause in Contracts

Application of Rents and Other Sums. Mortgagee shall apply any and all Rents collected by it, and any and all sums other than proceeds of a Foreclosure Sale which Mortgagee may receive or collect under Section 6.3 above, in the following manner: (a) First, to pay the portion of the Secured Obligations attributable to the costs and expenses of operation and collection that may be incurred by Mortgagee or any receiver; (b) Second, to pay all other Secured Obligations in any order and proportions as Mortgagee in its sole discretion may choose; and (c) Third, to remit the remainder, if any, to the person or persons entitled to it. Mortgagee shall have no liability for any funds which it does not actually receive.

Appears in 11 contracts

Samples: Mortgage Assignment of Rents, Security Agreement and Fixture Filing (Bluerock Residential Growth REIT, Inc.), Credit Agreement (Inland Western Retail Real Estate Trust Inc), Open End Mortgage Assignment of Rents, Security Agreement and Fixture Filing (Glimcher Realty Trust)

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Application of Rents and Other Sums. Mortgagee shall apply any and all Rents collected by it, and any and all sums other than proceeds of a Foreclosure Sale which Mortgagee may receive or collect under Section 6.3 above, in the following manner: (a) First, to pay the portion of the Secured Obligations attributable to the costs and expenses of operation and collection that may be incurred by Mortgagee or any receiver; (b) Second, to pay all other Secured Obligations in any order and proportions as Mortgagee in its sole discretion may choose; and (c) Third, to remit the remainder, if any, to the person Mortgagor (or persons entitled to itas a court of competent jurisdiction may otherwise order). Mortgagee shall have no liability for any funds which it does not actually receive.

Appears in 5 contracts

Samples: Open End Mortgage, Assignment of Rents, Security Agreement and Fixture Filing (Grubb & Ellis Healthcare REIT II, Inc.), Open End Mortgage, Assignment of Rents, Security Agreement (Grubb & Ellis Healthcare REIT II, Inc.), Open End Mortgage, Assignment of Rents, Security Agreement and Fixture Filing (Grubb & Ellis Healthcare REIT II, Inc.)

Application of Rents and Other Sums. Mortgagee shall apply any and all Rents collected by it, and any and all sums other than proceeds of a Foreclosure Sale which Mortgagee may receive or collect under Section 6.3 above, in the following manner: (a) First, to pay the portion of the Secured Obligations attributable to the costs and expenses of operation and collection that may be incurred by Mortgagee or any receiver; (b) Second, to pay all other Secured Obligations in any order and proportions as Mortgagee in its sole discretion may choosechoose consistent with the requirements of the Credit Agreement; and (c) Third, to remit the remainder, if any, to the person or persons entitled to it. Mortgagee shall have no liability for any funds which it does not actually receive.

Appears in 2 contracts

Samples: Credit Agreement (Glimcher Realty Trust), Credit Agreement (Glimcher Realty Trust)

Application of Rents and Other Sums. Mortgagee shall apply any and all Rents collected by it, and any and all sums sums, other than proceeds of a Foreclosure Sale Sale, which Mortgagee may receive or collect under Section 6.3 abovecollect, in the following manner: (a) First, to pay the portion of the Secured Obligations attributable to the costs and expenses of operation and collection that may be incurred by Mortgagee or any receiver; (b) Second, to pay any and all other Secured Obligations in any order and proportions proportion as Mortgagee Mortgagee, in its sole discretion discretion, may chooseelect; and (c) Third, to remit the remainder, if any, shall be remitted to the person or persons entitled to it. Mortgagee shall have no liability for any funds which it does not actually receive.

Appears in 1 contract

Samples: Mortgage, Fixture Filing and Security Agreement (Players International Inc /Nv/)

Application of Rents and Other Sums. Mortgagee shall apply any and all Rents collected by it, and any and all sums other than proceeds of a Foreclosure Sale which Mortgagee may receive or collect under Section 6.3 above, in the following manner: (a) First, to pay the portion of the Secured Obligations attributable to the costs and expenses of operation and collection that may be incurred by Mortgagee or any receiver; (b) Second, to pay all other Secured Obligations in any order and proportions as Mortgagee in its sole discretion may choose; and (c) Third, to remit the remainder, if any, to the person or persons entitled to itit by law. Mortgagee shall have no liability for any funds which it does not actually receive.

Appears in 1 contract

Samples: Mortgage, Assignment of Rents, Security Agreement (CNL Healthcare Properties, Inc.)

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Application of Rents and Other Sums. Mortgagee shall apply any and all Rents collected by it, and any and all sums sums, other than proceeds of a Foreclosure Sale Sale, which Mortgagee may receive or collect under Section 6.3 abovecollect, in the following manner: (a) First, to pay the portion of the Secured Obligations attributable to the costs and expenses of operation and collection that may be incurred by Mortgagee or any receiverkeeper; (b) Second, to pay any and all other Secured Obligations in any order and proportions proportion as Mortgagee Mortgagee, in its sole discretion discretion, may chooseelect; and (c) Third, to remit the remainder, if any, shall be remitted to the person or persons entitled to it. Mortgagee shall have no liability for any funds which it does not actually receive.

Appears in 1 contract

Samples: Mortgage Agreement (Players International Inc /Nv/)

Application of Rents and Other Sums. Mortgagee shall apply any and all Rents collected by it, and any and all sums other than proceeds of a Foreclosure Sale which Mortgagee may receive or collect under Section 6.3 aboveof this Mortgage, in the following manner: (a) First, to pay the portion of the Secured Obligations attributable to the costs and expenses of operation and collection that may be incurred by Mortgagee or any receiver; (b) Second, to pay all other Secured Obligations in any order and proportions as Mortgagee in its sole discretion may choose; and (c) Third, to remit the remainder, if any, to the person or persons entitled to it. Mortgagee shall have no liability for any funds which it does not actually receive.

Appears in 1 contract

Samples: Mortgage, Assignment of Rents, Security Agreement and Fixture Filing (TNP Strategic Retail Trust, Inc.)

Application of Rents and Other Sums. Mortgagee shall apply any and all Rents collected by it, and any and all sums other than proceeds of a Foreclosure Sale sale, lease, or other disposition of the Property which Mortgagee may receive or collect under Section 6.3 6.7 above, in the following manner: (a) First, to pay the portion of the Secured Obligations attributable to the costs and expenses of operation and collection that may be incurred by Mortgagee or any receiver; (b) Second, to pay all other Secured Obligations in any order and proportions as Mortgagee in its sole discretion may choose; and (c) Third, to remit the remainder, if any, to the person or persons entitled to it. Mortgagee shall have no liability for any funds which it does not actually receive.

Appears in 1 contract

Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Innovative Food Holdings Inc)

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