Beneficiary Not Responsible. Under no circumstances shall Beneficiary have any duty to collect Rents from the Property. Regardless of whether or not Beneficiary, in person or by agent, takes actual possession of the Land and Improvements, unless Beneficiary agrees in writing to the contrary, Beneficiary is not and shall not be deemed to be: (a) A “mortgagee in possession” for any purpose; or (b) Responsible for performing any of the obligations of the lessor under any lease; or (c) Responsible for the control, care, management, or repair of the property or any personal property or for any waste committed by lessees or any other parties, any dangerous or defective condition of the Property, or any negligence in the management, upkeep, repair or control of the Property; (d) Liable in any manner for the Property or the use, occupancy, enjoyment or operation of all or any part of it; or (e) Liable in any way for any injury or damage to any person or property sustained by any person or persons, firm, or corporation in or about the Property.
Appears in 2 contracts
Samples: Credit Agreement (Cig Wireless Corp.), Credit Agreement (Cig Wireless Corp.)
Beneficiary Not Responsible. Under no circumstances shall Beneficiary have any duty to collect produce Rents from the PropertyProperty or maintain the Leases. Regardless of whether or not Beneficiary, in person or by agent, takes actual possession of the Land and Improvements, unless Beneficiary agrees in writing to the contraryImprovements as Keeper or otherwise, Beneficiary is not and shall not be deemed to be:
(a) A a “mortgagee in possession” for any purpose; or;
(b) Responsible responsible for performing any of the obligations of the lessor under any lease; orLease;
(c) Responsible for the control, care, management, or repair of the property or any personal property or responsible for any waste committed by lessees or any other parties, any dangerous or defective condition of the Property, or any negligence in the management, upkeep, repair or control of the Property;; or
(d) Liable liable in any manner for the Property or the use, occupancy, enjoyment or operation of all or any part of it; or
(e) Liable in any way for any injury or damage to any person or property sustained by any person or persons, firm, or corporation in or about the Property.
Appears in 2 contracts
Samples: Credit Agreement (Pinnacle Entertainment Inc), Credit Agreement (Pinnacle Entertainment Inc)
Beneficiary Not Responsible. Under no circumstances shall Beneficiary have any duty to collect produce Rents from the PropertyProperty or maintain the Leases. Regardless of whether or not Beneficiary, in person or by agent, takes actual possession of the Land and Improvements, unless Beneficiary agrees in writing to the contrary, Beneficiary is not and shall not be deemed to be:
(a) A a “mortgagee in possession” for any purpose; or;
(b) Responsible responsible for performing any of the obligations of the lessor under any lease; orLease;
(c) Responsible for the control, care, management, or repair of the property or any personal property or responsible for any waste committed by lessees or any other parties, any dangerous or defective condition of the Property, or any negligence in the management, upkeep, repair or control of the Property;; or
(d) Liable liable in any manner for the Property or the use, occupancy, enjoyment or operation of all or any part of it; or
(e) Liable in any way for any injury or damage to any person or property sustained by any person or persons, firm, or corporation in or about the Property.
Appears in 1 contract
Beneficiary Not Responsible. Under no circumstances shall Beneficiary have any duty to collect produce Rents from the Property. Regardless of whether or not Beneficiary, in person or by agent, takes actual possession of the Land and the Improvements, unless Beneficiary agrees in writing to the contrary, Beneficiary is not and shall not be deemed to be:
(a) A “mortgagee in possession” for any purpose; or;
(b) Responsible for performing any of the obligations of the Trustor as lessor under any lease; or;
(c) Responsible for the control, care, management, or repair of the property or any personal property or for any waste committed by lessees or any other parties, any dangerous or defective condition of the Property, or any negligence in the management, upkeep, repair or control of the Property;; or
(d) Liable in any manner for the Property or the use, occupancy, enjoyment or operation of all or any part of it; or
(e) Liable in any way for any injury or damage to any person or property sustained by any person or persons, firm, or corporation in or about the Property.
Appears in 1 contract
Samples: Deed of Trust
Beneficiary Not Responsible. Under no circumstances shall --------------------------- Beneficiary have any duty to collect produce Rents from the Property. Regardless of whether or not Beneficiary, in person or by agent, takes actual possession of the Land and Improvements, unless Beneficiary agrees in writing to the contrary, Beneficiary is not and shall not be deemed to be:
(a) A “"mortgagee in possession” " for any purpose; or
(b) Responsible for performing any of the obligations of the lessor under any lease; or
(c) Responsible for the control, care, management, or repair of the property or any personal property or for any waste committed by lessees or any other parties, any dangerous or defective condition of the Property, or any negligence in the management, upkeep, repair or control of the Property;; or
(d) Liable in any manner for the Property or the use, occupancy, enjoyment or operation of all or any part of it; or
(e) Liable in any way for any injury or damage to any person or property sustained by any person or persons, firm, or corporation in or about the Property.
Appears in 1 contract
Samples: Construction Deed of Trust (Coast Hotels & Casinos Inc)
Beneficiary Not Responsible. Under no circumstances shall Beneficiary have any duty to collect produce Rents from the Property. Regardless of whether or not Beneficiary, in person or by agent, takes actual possession of the Land Real Property and Improvements, unless Beneficiary agrees in writing to the contrary, Beneficiary is not and shall not be deemed to be:
(a) 1. A “"mortgagee in possession” " for any purpose; or
(b) 2. Responsible for performing any of the obligations of the lessor under any lease; or
(c) 3. Responsible for the control, care, management, or repair of the property or any personal property or for any waste committed by lessees or any other parties, any dangerous or defective condition of the Property, or any negligence in the management, upkeep, repair repair, or control of the Property;; or
(d) 4. Liable in any manner for the Property or the use, occupancy, enjoyment or operation of all or any part of it; or
(e) Liable in any way for any injury or damage to any person or property sustained by any person or persons, firm, or corporation in or about the Property.
Appears in 1 contract
Samples: Deed of Trust