Common use of Collection and Application of Rents Clause in Contracts

Collection and Application of Rents. Subject to the License granted to Mortgagor under Section 2.2 above, Mortgagee has the right, power and authority to collect any and all Rents. Mortgagor hereby appoints Mortgagee its attorney-in-fact to perform any and all of the following acts (if an Event of Default has occurred and is continuing) if and at the times when Mortgagee in its sole discretion may so choose: (a) Demand, receive and enforce payment of any and all Rents; or (b) Give receipts, releases and satisfactions for any and all Rents; or (c) Xxx either in the name of Mortgagor or in the name of Mortgagee for any and all Rents. Mortgagee and Mortgagor agree that the mere recordation of the assignment granted herein entitles Mortgagee immediately to collect and receive rents upon the occurrence (and during the continuance) of an Event of Default without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to Mortgagor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, Mortgagee’s right to the Rents does not depend on whether or not Mortgagee takes possession of the Property as permitted under Subsection 6.3(c). In Mortgagee’s sole discretion, Mortgagee may choose to collect Rents either with or without taking possession of the Property. Mortgagee shall apply all Rents collected by it in the manner provided under Section 6.6. If an Event of Default occurs while Mortgagee is in possession of all or part of the Property and is collecting and applying Rents as permitted under this Mortgage, Mortgagee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage and at law or in equity.

Collection and Application of Rents. Subject to the License granted to Mortgagor under Section 2.2 above, Mortgagee has the right, power and authority to collect any and all Rents. Mortgagor hereby appoints Mortgagee its attorney-in-fact to perform any and all of the following acts (if an Event of Default has occurred and is continuing) acts, if and at the times when Mortgagee in its sole discretion may so choose: (a) Demand, receive and enforce payment of any and all Rents; or (b) Give receipts, releases and satisfactions for any and all Rents; or (c) Xxx either in the name of Mortgagor or in the name of Mortgagee for any and all Rents. Mortgagee and Mortgagor agree that the mere recordation of the assignment granted herein entitles Mortgagee immediately to collect and receive rents upon the occurrence (and during the continuance) of an Event of Default a Default, as defined in Section 6.2, without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to Mortgagor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, Mortgagee’s right to the Rents does not depend on whether or not Mortgagee takes possession of the Property as permitted under Subsection 6.3(c). In Mortgagee’s sole discretion, Mortgagee may choose to collect Rents either with or without taking possession of the Property. Mortgagee shall apply all Rents collected by it in the manner provided under Section 6.6. If an Event of a Default occurs while Mortgagee is in possession of all or part of the Property and is collecting and applying Rents as permitted under this Mortgage, Mortgagee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage and at law or in equity.

Collection and Application of Rents. Subject to the License granted to Mortgagor under Section 2.2 above, Mortgagee has the right, power and authority to collect any and all Rents. Mortgagor hereby appoints Mortgagee its attorney-in-fact to perform any and all of the following acts (if an Event of Default has occurred and is continuing) acts, if and at the times when Mortgagee in its sole discretion may so choose: (a) Demand, receive and enforce payment of any and all Rents; or (b) Give receipts, releases and satisfactions for any and all Rents; or (c) Xxx either in the name of Mortgagor or in the name of Mortgagee for any and all Rents. Mortgagee and Mortgagor agree that the mere recordation of the assignment granted herein entitles Mortgagee immediately to collect and receive rents upon the occurrence (and during the continuance) of an Event of Default Default, as defined in Section 6.2, without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to Mortgagor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, Mortgagee’s right to the Rents does not depend on whether or not Mortgagee takes possession of the Property as permitted under Subsection 6.3(c). In Mortgagee’s sole discretion, Mortgagee may choose to collect Rents either with or without taking possession of the Property. Mortgagee shall apply all Rents collected by it in the manner provided under Section 6.6. If an Event of Default occurs while Mortgagee is in possession of all or part of the Property and is collecting and applying Rents as permitted under this Mortgage, Mortgagee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage and at law or in equity.

Collection and Application of Rents. Subject to the License license granted to Mortgagor under Section 2.2 1.2 above, Mortgagee has the right, power and authority to collect any and all Rents. Mortgagor hereby appoints Mortgagee its attorney-in-fact to perform any and all of the following acts (if an Event of Default has occurred and is continuing) acts, if and at the times when Mortgagee in its sole discretion may so choosechoose after the occurrence of an Event of Default: (a) Demand, receive and enforce payment of any and all Rents; or (b) Give receipts, releases and satisfactions for any and all Rents; or (c) Xxx Sxx either in the name of Mortgagor or in the name of Mortgagee for any and all Rents. Mortgagee and Mortgagor agree agrees that the mere recordation of the assignment granted herein entitles Mortgagee immediately to collect and receive rents upon the occurrence (and during the continuance) of an Event of Default without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to Mortgagor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, Mortgagee’s right to the Rents does not depend on whether or not Mortgagee takes possession of the Property as permitted under Subsection 6.3(c)Section 7.1. In Mortgagee’s sole discretion, Mortgagee may choose to collect Rents either with or without taking possession of the Property. Mortgagee shall apply all Rents collected by it in Property after the manner provided under Section 6.6occurrence of an Event of Default. If an Event of Default occurs while Mortgagee is in possession of all or part of the Property and is collecting and applying Rents as permitted under this MortgageSecurity Instrument, Mortgagee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage Security Instrument and at law or in equity.

Collection and Application of Rents. Subject to Upon termination of the License granted to Mortgagor Grantor under Section 2.2 aboveof this Deed of Trust, Mortgagee Beneficiary has the right, power and authority to collect any and all Rents. Mortgagor Effective upon such termination, Grantor hereby appoints Mortgagee Beneficiary its attorney-in-fact to perform any and all of the following acts (if an Event of Default has occurred and is continuing) acts, if and at the times when Mortgagee Beneficiary in its sole discretion may so choose: (a) Demand, receive and enforce payment of any and all Rents; or; (b) Give receipts, releases and satisfactions for any and all Rents; orand (c) Xxx either in the name of Mortgagor Grantor or in the name of Mortgagee Beneficiary for any and all Rents. Mortgagee Beneficiary and Mortgagor Grantor agree that the mere recordation of the assignment granted herein entitles Mortgagee Beneficiary immediately to collect and receive rents upon the occurrence (and during the continuance) continuance of an Event of Default Default, as defined in Section 6.2 of this Deed of Trust, without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to MortgagorGrantor, filing foreclosure proceedings, or seeking and/or and/or, except as required by applicable law, obtaining the appointment of a receiver. Further, MortgageeBeneficiary’s right to the Rents does not depend on whether or not Mortgagee Beneficiary takes possession of the Property as permitted under Subsection 6.3(c)) of this Deed of Trust. In MortgageeBeneficiary’s sole discretion, Mortgagee Beneficiary may choose to collect Rents either with or without taking possession of the Property. Mortgagee Beneficiary shall apply all Rents collected by it in the manner provided under Section 6.66.6 of this Deed of Trust. If an Event of Default occurs while Mortgagee Beneficiary is in possession of all or part of the Property and is collecting and applying Rents as permitted under this MortgageDeed of Trust, Mortgagee Beneficiary and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage Deed of Trust and at law or in equity.

Collection and Application of Rents. Subject to the License granted to Mortgagor under Section 2.2 above, Mortgagee has the right, power and authority to collect any and all Rents. Mortgagor hereby appoints Mortgagee its attorney-in-fact fact, solely upon the occurrence and during the continuance of an Event of Default and after notice to the Mortgagor, to perform any and all of the following acts (if an Event of Default has occurred and is continuing) acts, if and at the times when Mortgagee in its sole discretion may so choose: (a) Demand, receive and enforce payment of any and all Rents; or (b) Give receipts, releases and satisfactions for any and all Rents; or (c) Xxx either in the name of Mortgagor or in the name of Mortgagee for any and all Rents. Mortgagee and Mortgagor agree that the mere recordation of the assignment granted herein entitles Mortgagee immediately to collect and receive rents upon the occurrence (and during the continuance) continuance of an Event of Default and after notice to the Mortgagor, without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to Mortgagor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, Mortgagee’s right to the Rents does not depend on whether or not Mortgagee takes possession of the Property as permitted under Subsection 6.3(c7.3(c). In Mortgagee’s sole discretion, Mortgagee may choose to collect Rents either with or without taking possession of the Property. Mortgagee shall apply all Rents collected by it in the manner provided under Section 6.67.6. If an Event of Default occurs while Mortgagee is in possession of all or part of the Property and is collecting and applying Rents as permitted under this Mortgage, Mortgagee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage and at law or in equity.

Collection and Application of Rents. Subject to the License granted to Mortgagor under Section 2.2 above, Mortgagee has the right, power and authority to collect any and all RentsRents after an Event of Default by Mortgagor. Mortgagor hereby appoints Mortgagee its attorney-in-fact attorney‑in‑fact to perform any and all of the following acts (if an Event of Default has occurred and is continuing) acts, if and at the times when Mortgagee in its sole discretion may so choose: (a) Demand, receive and enforce payment of any and all Rents; or (b) Give receipts, releases and satisfactions for any and all Rents; or (c) Xxx Sxx either in the name of Mortgagor or in the name of Mortgagee for any and all Rents. Mortgagee and Mortgagor agree that the mere recordation of the assignment granted herein entitles Mortgagee immediately to collect and receive rents upon the occurrence (and during the continuance) of an Event of Default Default, as defined in Section 6.2, without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to Mortgagor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, Mortgagee’s right to the Rents does not depend on whether or not Mortgagee takes possession of the Property as permitted under Subsection 6.3(c). In Mortgagee’s sole discretion, Mortgagee may choose to collect Rents either with or without taking possession of the Property. Mortgagee shall apply all Rents collected by it in the manner provided under Section 6.6. If an Event of Default occurs while Mortgagee is in possession of all or part of the Property and is collecting and applying Rents as permitted under this Mortgage, Mortgagee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage and at law or in equity.

Collection and Application of Rents. Subject to the License granted to Mortgagor under Section 2.2 above, Mortgagee has the right, power and authority to collect any and all Rents. Mortgagor hereby appoints Mortgagee its attorney-in-fact to perform any and all of the following acts (if an Event of Default has occurred and is continuing) acts, if and at the times when Mortgagee in its sole discretion may so choose: (ai) Demand, receive and enforce payment of any and all Rents; or (bii) Give receipts, releases and satisfactions for any and all Rents; or (ciii) Xxx either in the name of Mortgagor or in the name of Mortgagee for any and all Rents. Mortgagee and Mortgagor agree that the mere recordation of the assignment granted herein entitles Mortgagee immediately to collect and receive rents upon the occurrence (and during the continuance) of an Event of Default a Default, as defined in Section 6.2, without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to Mortgagor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, Mortgagee’s right to the Rents does not depend on whether or not Mortgagee takes possession of the Property as permitted under Subsection 6.3(c). In Mortgagee’s sole discretion, Mortgagee may choose to collect Rents either with or without taking possession of the Property. Mortgagee shall apply all Rents collected by it in the manner provided under Section 6.6. If an Event of a Default occurs while Mortgagee is in possession of all or part of the Property and is collecting and applying Rents as permitted under this Mortgage, Mortgagee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage and at law or in equity.

Collection and Application of Rents. Subject to the License granted to Mortgagor Trustor under Section 2.2 above2.2, Mortgagee Beneficiary has the right, power and authority to collect any and all RentsRents and exercise Trustor’s right, title and interest under the Leases. Mortgagor Trustor hereby appoints Mortgagee Beneficiary its attorney-in-fact (which appointment is irrevocable and coupled with an interest) to perform any and all of the following acts (if an Event of Default has occurred and is continuing) acts, if and at the times when Mortgagee Beneficiary in its sole absolute discretion may so choose: (a) Demand, receive and enforce payment of any and all Rents; orRents and any other right, title and interest of Trustor under the Leases; (b) Give receipts, releases and satisfactions for any and all RentsRents and any other obligations and duties under the Leases; or (c) Xxx either in the name of Mortgagor Trustor or in the name of Mortgagee Beneficiary for any and all RentsRents and to enforce any other obligations and duties under the Leases. Mortgagee and Mortgagor agree that the mere recordation of the assignment granted herein entitles Mortgagee immediately to collect and receive rents upon the occurrence (and during the continuance) of an Event of Default without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to Mortgagor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, MortgageeBeneficiary’s right to the Rents and the Leases does not depend on whether or not Mortgagee Beneficiary takes possession of the Property as permitted under Subsection 6.3(c)Section 6.2.3 hereof, or as permitted under applicable law. In MortgageeBeneficiary’s sole absolute discretion, Mortgagee Beneficiary may choose to collect Rents and exercise the right, title and interest of Trustor under the Leases either with or without taking possession of the Property. Mortgagee Beneficiary shall apply all Rents collected by it in the manner provided under Section 6.66.5. If an Event of Default occurs while Mortgagee shall have occurred and Beneficiary is in possession of all or part of the Property and is collecting and applying Rents and exercising any right, title and interest of Trustor under the Leases as permitted under this MortgageDeed of Trust, Mortgagee then Beneficiary, Trustee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage Deed of Trust and at law or and in equity, including the right to exercise the power of sale granted under Section 1.1 and Section 6.2.7.

Collection and Application of Rents. Subject to the License granted to Mortgagor under Section 2.2 above, Mortgagee has the right, power and authority to collect any and all Rents. Mortgagor hereby appoints Mortgagee its attorney-in-fact to perform any and all of the following acts (if an Event of Default has occurred and is continuing) if and at the times when Mortgagee in its sole discretion may so choose: (a) 2.3.1 Demand, receive and enforce payment of any and all Rents; or (b) 2.3.2 Give receipts, releases and satisfactions for any and all Rents; or (c) 2.3.3 Xxx either in the name of Mortgagor or in the name of Mortgagee for any and all Rents. Mortgagee and Mortgagor agree that the mere recordation of the assignment granted herein entitles Mortgagee immediately to collect and receive rents upon the occurrence (and during the continuance) of an Event of Default without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to Mortgagor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, Mortgagee’s right to the Rents does not depend on whether or not Mortgagee takes possession of the Property as permitted under Subsection 6.3(c). In Mortgagee’s sole discretion, Mortgagee may choose to collect Rents either with or without taking possession of the Property. Mortgagee shall apply all Rents collected by it in the manner provided under Section 6.6. If an Event of Default occurs while Mortgagee is in possession of all or part of the Property and is collecting and applying Rents as permitted under this Mortgage, Mortgagee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage and at law or in equity.

Collection and Application of Rents. Subject to the License granted to Mortgagor under Section 2.2 above, Mortgagee has the right, power and authority to collect any and all Rents. Mortgagor hereby appoints Mortgagee its attorney-in-fact to perform any and all of the following acts (if an Event of Default has occurred and is continuing) acts, if and at the times when Mortgagee in its sole discretion may so choosechoose while an Event of Default is ongoing: (a) Demand, receive and enforce payment of any and all Rents; or (b) Give receipts, releases and satisfactions for any and all Rents; or (c) Xxx either in the name of Mortgagor or in the name of Mortgagee for any and all Rents. Mortgagee and Mortgagor agree that the mere recordation of the assignment granted herein entitles Mortgagee immediately to collect and receive rents upon the occurrence (and during the continuance) of an Event of Default Default, as defined in Section 6.2, without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to Mortgagor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, Mortgagee’s right to the Rents does not depend on whether or not Mortgagee takes possession of the Property as permitted under Subsection 6.3(c). In Mortgagee’s sole discretion, Mortgagee may choose to collect Rents either with or without taking possession of the Property. Mortgagee shall apply all Rents collected by it in the manner provided under Section 6.6. If an Event of Default occurs while Mortgagee is in possession of all or part of the Property and is collecting and applying Rents as permitted under this Mortgage, Mortgagee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage and at law or in equity.

Collection and Application of Rents. Subject Mortgagee or any court-appointed receiver, in the exercise of the rights and powers conferred by this assignment, may: (a) notify any or all tenants to pay directly to Mortgagee or such receiver all rents, issues and profits arising from the Mortgaged Property, (b) collect such rents, issues, profits and all other income from the Mortgaged Property of any kind, (c) manage the Mortgaged Property so as to prevent waste, (d) take control of and manage all tenant security deposits and (e) execute leases for all or a portion of the Mortgaged Property within or beyond the period of any receivership if approved by the court. Mortgagee or any court-appointed receiver, in the exercise of the rights and powers conferred by this assignment, shall use and apply the rents, issues and profits from the Mortgaged Property to the License granted to Mortgagor under Section 2.2 abovefollowing items, Mortgagee has in the right, power and authority to collect any and all Rents. Mortgagor hereby appoints Mortgagee its attorney-in-fact to perform any and all of the following acts (if an Event of Default has occurred and is continuing) if and at the times when Mortgagee in its sole discretion may so chooseorder listed: (a) Demand, receive and enforce payment of any and all Rents; orReasonable receiver’s fees; (b) Give receipts, releases and satisfactions for any and all Rents; orApplication of tenant security deposits as required by Section 504.70 of the Minnesota Statutes; (c) Xxx either in Payment when due of prior or current real estate taxes or special assessments with respect to the name of Mortgagor Mortgaged Property, or in the name of Mortgagee periodic escrow for any and all Rents. Mortgagee and Mortgagor agree that the mere recordation payment of the assignment granted herein entitles taxes or special assessments; (d) Payment when due of premiums for insurance of the type required by this Mortgage, or the periodic escrow for the payment of premiums; (e) Keeping of the covenants required of a lessor or licensor pursuant to Section 504.18, subdivision 1 of the Minnesota Statutes; (f) All expenses for normal maintenance of the Mortgaged Property in such order as Mortgagee immediately or the court appointed receiver shall deem proper including the payment of reasonable management, brokerage and attorneys’ fees and the maintenance without interest of a reserve account for replacements; (g) Any expenses which are necessary to collect and receive rents upon protect the occurrence (and during the continuance) lien of an Event of Default without first taking any acts of enforcement under applicable law, such asthis Mortgage including, but not limited to, providing notice any rental payments owing to another party if Mortgagor is leasing the Mortgaged Property; (h) Any sums remaining after application of the above items shall be applied to reduction of the Indebtedness in such order and manner as Mortgagee may elect, but no such payment made after acceleration of the Indebtedness shall affect such acceleration; (i) If (A) the Mortgaged Property shall be foreclosed and sold pursuant to a foreclosure sale, and (B) any sums attributable to the period of redemption remain after payment of the items described in (a) through (g) above (such remaining amount being the “Balance”), then: (aa) If Mortgagee is the purchaser at the foreclosure sale, the Balance shall be paid to Mortgagee to be applied to the extent of any deficiency remaining after the sale, and if there is any excess amount remaining of the Balance after payment in full of such deficiency, the excess amount shall be paid to Mortgagee; provided that, if the Mortgaged Property is redeemed by Mortgagor or any other party entitled to redeem, said excess amount shall be applied as a credit against the redemption price, with any remaining further balances to be paid to Mortgagor; and (bb) If Mortgagee is not the purchaser at the foreclosure sale, the Balance shall be paid to Mortgagee to be applied to the extent of any deficiency remaining after the sale, and if there is any excess amount remaining of the Balance after payment in full of such deficiency, the excess amount shall be paid to Mortgagor; provided that (i) if the Mortgaged Property is redeemed by Mortgagor or any other party entitled to redeem, said excess amount shall be applied as a credit against the redemption price, with any remaining further balances to be paid to Mortgagor, filing and (ii) if the Mortgaged Property is not redeemed by Mortgagor or any other party entitled to redeem, said excess amount shall be paid to the purchaser at the foreclosure proceedingssale in an amount equal to the interest accrued upon the sale price pursuant to Minnesota Statutes §§ 580.23 or 581.10, with any remaining further balances to be paid to Mortgagee or any other party entitled to such future balances. Nothing herein shall prohibit the right to reinstate pursuant to Minn. Stat. § 580.30, or seeking and/or obtaining the appointment of a receiver. Further, Mortgagee’s right to redeem granted pursuant to Minn. Stat. §§ 580.23 and 581.10. Any amounts remaining in the Rents does not depend on whether or not Mortgagee takes possession of the Property as permitted under Subsection 6.3(c). In Mortgagee’s sole discretion, Mortgagee may choose to collect Rents either with or without taking possession any court-appointed receiver after payment of the Property. Mortgagee amounts described above shall apply all Rents collected by it in be credited to the manner provided under Section 6.6amount required to be paid to effect a reinstatement or redemption or, if the full redemption amount is paid, shall be paid to the Mortgagor. If an Event the period of Default occurs while Mortgagee is in possession of all redemption ends without redemption, interest accrued upon the sale price pursuant to Minn. Stat. § 580.09 or part of § 581.10 shall be paid to the Property purchaser at the foreclosure sale, its successors and is collecting and applying Rents as permitted under this Mortgageassigns, Mortgagee and any receiver net sum remaining thereafter shall nevertheless be entitled paid to exercise and invoke every right and remedy afforded any of them under this Mortgage and at law or in equitythe Mortgagee.

Collection and Application of Rents. Subject to Upon termination of the License granted to Mortgagor under Section 2.2 aboveof this Mortgage, Mortgagee has the right, power and authority to collect any and all Rents. Effective upon such termination, Mortgagor hereby appoints Mortgagee its attorney-in-fact to perform any and all of the following acts (if an Event of Default has occurred and is continuing) acts, if and at the times when Mortgagee in its sole discretion may so choose: (a) Demand, receive and enforce payment of any and all Rents; or; (b) Give receipts, releases and satisfactions for any and all Rents; orand (c) Xxx either in the name of Mortgagor or in the name of Mortgagee for any and all Rents. Mortgagee and Mortgagor agree that the mere recordation of the assignment granted herein entitles Mortgagee immediately to collect and receive rents upon the occurrence (and during the continuance) continuance of an Event of Default Default, as defined in Section 6.2 of this Mortgage, without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to Mortgagor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, Mortgagee’s right to the Rents does not depend on whether or not Mortgagee takes possession of the Property as permitted under Subsection 6.3(c)) of this Mortgage. In Mortgagee’s sole discretion, Mortgagee may choose to collect Rents either with or without taking possession of the Property. Mortgagee shall apply all Rents collected by it in the manner provided under Section 6.66.6 of this Mortgage. If an Event of Default occurs while Mortgagee is in possession of all or part of the Property and is collecting and applying Rents as permitted under this Mortgage, Mortgagee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage and at law or in equity.

Collection and Application of Rents. Subject to the License granted to Mortgagor Grantor under Section 2.2 above, Mortgagee Beneficiary has the right, power and authority to collect any and all Rents. Mortgagor Grantor hereby appoints Mortgagee Beneficiary its attorney-in-fact to perform any and all of the following acts (if an Event of Default has occurred and is continuing) if and at the times when Mortgagee Beneficiary in its sole discretion may so choose: (a) Demand, receive and enforce payment of any and all Rents; or (b) Give receipts, releases and satisfactions for any and all Rents; or (c) Xxx either in the name of Mortgagor Grantor or in the name of Mortgagee Beneficiary for any and all Rents. Mortgagee Beneficiary and Mortgagor Grantor agree that the mere recordation of the assignment granted herein entitles Mortgagee Beneficiary immediately to collect and receive rents upon the occurrence (and during the continuance) of an Event of Default without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to MortgagorGrantor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, MortgageeBeneficiary’s right to the Rents does not depend on whether or not Mortgagee Beneficiary takes possession of the Property as permitted under Subsection 6.3(c). In MortgageeBeneficiary’s sole discretion, Mortgagee Beneficiary may choose to collect Rents either with or without taking possession of the Property. Mortgagee Beneficiary shall apply all Rents collected by it in the manner provided under Section 6.6. If an Event of Default occurs while Mortgagee Beneficiary is in possession of all or part of the Property and is collecting and applying Rents as permitted under this MortgageDeed of Trust, Mortgagee Beneficiary and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage Deed of Trust and at law or in equity.

Collection and Application of Rents. Subject to the License granted to Mortgagor under Section 2.2 above, Mortgagee has the right, power and authority to collect any and all Rents. Mortgagor hereby appoints Mortgagee its attorney-in-fact to perform any and all of the following acts (if an Event of Default has occurred and is continuing) acts, if and at the times when Mortgagee in its sole discretion may so choose: (a) : Demand, receive and enforce payment of any and all Rents; or (b) or Give receipts, releases and satisfactions for any and all Rents; or (c) or Xxx either in the name of Mortgagor or in the name of Mortgagee for any and all Rents. Mortgagee and Mortgagor agree that the mere recordation of the assignment granted herein entitles Mortgagee immediately to collect and receive rents upon the occurrence (and during the continuance) of an Event of Default a Default, as defined in Section 6.2, without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to Mortgagor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, Mortgagee’s right to the Rents does not depend on whether or not Mortgagee takes possession of the Property as permitted under Subsection 6.3(c). In Mortgagee’s sole discretion, Mortgagee may choose to collect Rents either with or without taking possession of the Property. Mortgagee shall apply all Rents collected by it in the manner provided under Section 6.6. If an Event of a Default occurs while Mortgagee is in possession of all or part of the Property and is collecting and applying Rents as permitted under this Mortgage, Mortgagee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage and at law or in equity. Mortgagee Not Responsible. Under no circumstances shall Mortgagee have any duty to produce Rents from the Property. Regardless of whether or not Mortgagee, in person or by agent, takes actual possession of the Premises and Improvements, unless Mortgagee agrees in writing to the contrary, Mortgagee is not and shall not be deemed to be: A “mortgagee in possession” for any purpose; or Responsible for performing any of the obligations of the lessor under any Lease; 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, unless caused by the gross negligence, willful misconduct or bad faith of Mortgagee; or Liable in any manner for the Property or the use, occupancy, enjoyment or operation of all or any part of it.

Collection and Application of Rents. Subject Rents received by Mortgagee for any period prior to foreclosure under this Mortgage or acceptance of a deed in lieu of foreclosure shall be applied by Mortgagee to the License granted to Mortgagor under Section 2.2 above, Mortgagee has the right, power and authority to collect any and all Rents. Mortgagor hereby appoints Mortgagee its attorney-in-fact to perform any and all payment of the following acts (if an Event of Default has occurred in the order and is continuing) if and at the times when priority as Mortgagee in its sole discretion may so choose: determines): (a) Demand, receive and enforce payment of any and all Rentsoperating expenses; or (b) Give receipts, releases all expenses incident to taking and satisfactions for any retaining possession of the Property and/or collecting Rent as it becomes due and all Rentspayable; or and (c) Xxx either the Secured Obligations. The Secured Obligations will not be reduced under this Section 2.4 except to the extent, if any, that Mortgagee actually receives and applies any Rents to the Secured Obligations in accordance with the preceding sentence. Without impairing its rights hereunder, Mortgagee may, at its option, at any time and from time to time, release to Mortgagor any Rents so received by Mortgagee. At any time during which Mortgagor is receiving Rents directly from any of the lessees under the Leases, Mortgagor shall, upon receipt of written direction from Mortgagee, make demand and sxx for all Rents due and payable under any Leases, as directed by Mortgagee, as it becomes due and payable, including Rents which are past due and unpaid. If Mortgagor fails to take such action, or at any time during which Mortgagor is not receiving Rents directly from lessees under the Leases, Mortgagee shall have the right (but shall be under no duty) to demand, collect and sxx for, in its own name of Mortgagor or in the name of Mortgagee for any and all Rents. Mortgagee and Mortgagor agree that the mere recordation of the assignment granted herein entitles Mortgagee immediately to collect and receive rents upon the occurrence (and during the continuance) of an Event of Default without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to Mortgagor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, Mortgagee’s right to the Rents does not depend on whether or not Mortgagee takes possession of the Property as permitted under Subsection 6.3(c). In Mortgagee’s sole discretion, Mortgagee may choose to collect Rents either with or without taking possession of the Property. Mortgagee shall apply all Rents collected by due and payable under the Leases, as it in the manner provided under Section 6.6. If an Event of Default occurs while Mortgagee is in possession of all or part of the Property becomes due and is collecting payable, including Rents which are past due and applying Rents as permitted under this Mortgage, Mortgagee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage and at law or in equityunpaid.

Collection and Application of Rents. Subject to the License granted to Mortgagor Trustor under Section 2.2 2.3 above, Mortgagee has and only upon the occurrence and during the continuance of an Event of Default, Beneficiary shall have the right, power and authority to collect any and all RentsRents and exercise Trustor’s right, title and interest under the Leases. Mortgagor Trustor hereby appoints Mortgagee Beneficiary as its mandatory attorney-in-fact (which appointment is irrevocable and coupled with an interest) to perform any and all of the following acts (if upon the occurrence and during the continuance of an Event of Default has occurred and is continuing) Default, if and at the times when Mortgagee Beneficiary, in its sole discretion absolute discretion, may so choose: (a) Demand, receive and enforce payment of any and all Rents; orRents and any other right, title and interest of Trustor under the Leases; (b) Give receipts, releases and satisfactions for any and all RentsRents and any other obligations and duties under the Leases; or (c) Xxx either in the name of Mortgagor Trustor or in the name of Mortgagee Beneficiary for any and all RentsRents and to enforce any other obligations and duties under the Leases. Mortgagee and Mortgagor agree that the mere recordation of the assignment granted herein entitles Mortgagee immediately to collect and receive rents upon the occurrence (and during the continuance) of an Event of Default without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to Mortgagor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, MortgageeBeneficiary’s right to the Rents and the Leases does not depend on whether or not Mortgagee Beneficiary takes possession of the Property as permitted under Subsection 6.3(c)Section 6.2.3 hereof, or as permitted under applicable law. In MortgageeBeneficiary’s sole absolute discretion, Mortgagee Beneficiary may choose to collect Rents and exercise the right, title and interest of Trustor under the Leases either with or without taking possession of the Property. Mortgagee Beneficiary shall apply all Rents collected by it in the manner provided under Section 6.66.5. If an Event of Default occurs while Mortgagee shall have occurred and Beneficiary is in possession of all or part of the Property as Keeper (hereinafter defined) thereof or otherwise and is collecting and applying Rents and exercising any right, title and interest of Trustor under the Leases as permitted under this Mortgage, Mortgagee then Beneficiary and any receiver Keeper shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage and at law or and in equity.

Collection and Application of Rents. Subject to the License granted to Mortgagor under Section 2.2 above, Mortgagee has the right, power and authority to collect any and all Rents. Mortgagor hereby appoints Mortgagee its attorney-in-fact to perform any and all of the following acts (acts, if after the occurrence and during the continuance of an Event of Default has occurred and is continuing) if and at the times when Mortgagee in its sole discretion may so choose: (a) Demand, receive and enforce payment of any and all Rents; or (b) Give receipts, releases and satisfactions for any and all Rents; or (c) Xxx Sxx either in the name of Mortgagor or in the name of Mortgagee for any and all Rents. Mortgagee and Mortgagor agree that the mere recordation of the assignment granted herein entitles Mortgagee immediately to collect and receive rents upon the occurrence (and during the continuance) continuance of an Event of Default Default, as defined in Section 6.2, without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to Mortgagor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, Mortgagee’s right to the Rents does not depend on whether or not Mortgagee takes possession of the Property as permitted under Subsection 6.3(c). In Mortgagee’s sole discretion, Mortgagee may choose to collect Rents either with or without taking possession of the Property. Mortgagee shall apply all Rents collected by it in the manner provided under Section 6.6. If an Event of Default occurs and is continuing while Mortgagee is in possession of all or part of the Property and is collecting and applying Rents as permitted under this Mortgage, Mortgagee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage and at law or in equity.

Collection and Application of Rents. Subject to Upon termination of the License granted to Mortgagor Grantor under Section 2.2 aboveof this Deed of Trust, Mortgagee Beneficiary has the right, power and authority to collect any and all Rents. Mortgagor Effective upon such termination, Grantor hereby appoints Mortgagee Beneficiary its attorney-in-fact to perform any and all of the following acts (if an Event of Default has occurred and is continuing) acts, if and at the times when Mortgagee Beneficiary in its sole discretion may so choose: (a) Demand, receive and enforce payment of any and all Rents; or; (b) Give receipts, releases and satisfactions for any and all Rents; or; (c) Xxx either in the name of Mortgagor Grantor or in the name of Mortgagee Beneficiary for any and all Rents; and (d) exercise all rights and remedies pursuant to Arizona Revised Statutes §33-702(B). Mortgagee Beneficiary and Mortgagor Grantor agree that the mere recordation of the assignment granted herein entitles Mortgagee Beneficiary immediately to collect and receive rents upon the occurrence (and during the continuance) continuance of an Event of Default Default, as defined in Section 6.2 of this Deed of Trust, without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to MortgagorGrantor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, MortgageeBeneficiary’s right to the Rents does not depend on whether or not Mortgagee Beneficiary takes possession of the Property as permitted under Subsection 6.3(c)) of this Deed of Trust. In MortgageeBeneficiary’s sole discretion, Mortgagee Beneficiary may choose to collect Rents either with or without taking possession of the Property. Mortgagee Beneficiary shall apply all Rents collected by it in the manner provided under Section 6.66.6 of this Deed of Trust. If an Event of Default occurs while Mortgagee Beneficiary is in possession of all or part of the Property and is collecting and applying Rents as permitted under this MortgageDeed of Trust, Mortgagee Beneficiary and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage Deed of Trust and at law or in equity.