Common use of Collection of Rents Clause in Contracts

Collection of Rents. Upon the occurrence of an Event of Default, the license granted to Mortgagor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting the generality of the foregoing, Mortgagee may notify the tenants under the Leases that all Rents are to be paid to Mortgagee, and following such notice all Rents shall be paid directly to Mortgagee and not to Mortgagor or any other Person other than as directed by Mortgagee, xx xxxxg understood that a demand by Mortgagee on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee without the necessity of further consent by Mortgagor. Mortgagor hereby irrevocably authorizes and directs the tenants under the Leases to pay all Rents to Mortgagee instead of to Mortgagor, upon receipt of written notice from Mortgagee, without the necessity of any inquiry of Mortgagor xxx xxxxout the necessity of determining the existence or non-existence of an Event of Default. Mortgagor hereby appoints Mortgagee as Mortgagor’x xxxxxxey-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr in Mortgagee’s name: (a) to endorse all checks and other instruments received in payment of Rents and to deposit the same in any account selected by Mortgagee; (b) to give receipts and releases in relation thereto; (c) to institute, prosecute and/or settle actions for the recovery of Rents; (d) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (e) to cancel any Leases; (f) to enter into new Leases; and (g) to do all other acts and things with respect to the Leases and Rents which Mortgagee may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction of the other Obligations. Mortgagor shall pay, on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documents.

Appears in 4 contracts

Samples: Mortgage, Assignment, Security Agreement and Fixture Filing (Grubb & Ellis Healthcare REIT, Inc.), Mortgage, Assignment, Security Agreement (Grubb & Ellis Healthcare REIT, Inc.), Mortgage, Assignment, Security Agreement and Fixture Filing (Grubb & Ellis Healthcare REIT, Inc.)

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Collection of Rents. Upon the occurrence of an Event of Default, the license granted to Mortgagor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting the generality of the foregoing, Mortgagee may notify the tenants under the Leases that all Rents are to be paid to Mortgagee, and following such notice all Rents shall be paid directly to Mortgagee and not to Mortgagor or any other Person other than as directed by Mortgagee, xx xxxxg understood that a demand by Mortgagee on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee without the necessity of further consent by Mortgagor. Mortgagor hereby irrevocably authorizes and directs the tenants under the Leases to pay all Rents to Mortgagee instead of to Mortgagor, upon receipt of written notice from Mortgagee, without the necessity of any inquiry of Mortgagor xxx xxxxout the necessity of determining the existence or non-existence of an Event of Default. Mortgagor hereby appoints Mortgagee as Mortgagor’x xxxxxxey-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr in Mortgagee’s name: (a) to endorse all checks and other instruments received in payment of Rents and to deposit the same in any account selected by Mortgagee; (b) to give receipts and releases in relation thereto; (c) to institute, prosecute and/or settle actions for the recovery of Rents; (d) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (e) to cancel any Leases; (f) to enter into new Leases; and (g) to do all other acts and things with respect to the Leases and Rents which Mortgagee may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction of the other Obligations. Mortgagor shall pay, on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documents.

Appears in 3 contracts

Samples: Open End Mortgage, Assignment, Security Agreement and Fixture Filing (NNN Healthcare/Office REIT, Inc.), Mortgage, Assignment, Security Agreement (Grubb & Ellis Healthcare REIT, Inc.), Open End Mortgage, Assignment, Security Agreement and Fixture Filing (Grubb & Ellis Healthcare REIT, Inc.)

Collection of Rents. Upon the occurrence of an Event of Default, the license granted to Mortgagor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee Beneficiary may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee Beneficiary may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting limitation to the generality of the foregoing, Mortgagee Beneficiary may notify the tenants under the Leases that all Rents are to be paid to MortgageeBeneficiary, and following such notice all Rents shall be paid directly to Mortgagee Beneficiary and not to Mortgagor or any other Person other than as directed by MortgageeBeneficiary, xx xxxxg it being understood that a demand by Mortgagee Beneficiary on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee Beneficiary without the necessity of further consent by Mortgagor. Mortgagor hereby irrevocably authorizes and directs the tenants under the Leases Lease to pay all Rents to Mortgagee Beneficiary instead of to Mortgagor, upon receipt of written notice from MortgageeBeneficiary, without the necessity of any inquiry of Mortgagor xxx xxxxout and without the necessity of determining the existence or non-existence of an Event of Default. Mortgagor hereby appoints Mortgagee Beneficiary as Mortgagor’x xxxxxxeyMortgagor’s attorney-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Mortgagor’s name or in MortgageeBeneficiary’s name: (a) to endorse all checks and other instruments Mortgages received in payment of Rents and to deposit the same in any account selected by MortgageeBeneficiary; (b) to give receipts and releases in relation thereto; (c) to institute, prosecute and/or settle actions for the recovery of Rents; (d) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (e) to cancel any Leases; (f) to enter into new Leases; and (g) to do all other acts and things with respect to the Leases and Rents which Mortgagee Beneficiary may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction of the other Obligations. Mortgagor shall pay, on demand, to MortgageeBeneficiary, the amount of any deficiency between (i) the Rents received by MortgageeBeneficiary, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Credit Agreement and the other Loan Documents.

Appears in 3 contracts

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

Collection of Rents. Upon (a) For a period of six (6) months after the occurrence of an Event of Default, the license granted to Mortgagor Closing Date Purchaser shall use reasonable efforts to collect the Rents shall be automatically Fixed and immediately revokedOther Tenant Charge Arrearages, without further notice to or demand upon Mortgagor. Mortgagee mayAdjustable Tenant Charges, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting the generality of the foregoing, Mortgagee may notify the tenants under the Leases that all Rents are to be paid to Mortgagee, and following such notice all Rents shall be paid directly to Mortgagee and not to Mortgagor or any other Person other than as directed by Mortgagee, xx xxxxg understood that a demand by Mortgagee on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee without the necessity of further consent by Mortgagor. Mortgagor hereby irrevocably authorizes and directs the tenants under the Leases to pay all Rents to Mortgagee instead of to Mortgagor, upon receipt of written notice from Mortgagee, without the necessity of any inquiry of Mortgagor xxx xxxxout the necessity of determining the existence or non-existence of an Event of Default. Mortgagor hereby appoints Mortgagee as Mortgagor’x xxxxxxey-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr in Mortgagee’s name: (a) to endorse all checks Sales Based Tenant Charges and other instruments received in payment of Rents and to deposit the same in any account selected by Mortgagee; (b) to give receipts and releases in relation thereto; (c) to institute, prosecute and/or settle actions for the recovery of Rents; (d) to modify the terms of any Leases including terms relating to the Rents which are payable thereunder; (e) to cancel any Leases; (f) to enter into new Leases; and (g) to do all other acts and things with respect to the Applicable Closing Fiscal Period and any prior fiscal period, in a manner consistent with the efforts Purchaser exercises on its own behalf; provided, however that Purchaser shall not be required to retain a collection agency, commence litigation or file proofs of claim or commence an adversary proceeding in a bankruptcy case, or terminate Leases or the REA in connection with such collection efforts. Purchaser shall not waive or settle any claims for any such amounts in whole or in part to the extent such amounts, if collected, would be payable to Seller hereunder other than in accordance with the policies of Purchaser from time to time as to Rent delinquencies generally. After the expiration of six (6) months from the Closing Date, Purchaser shall have no obligation to collect any Rents that may be owed to Seller. Reasonable collection costs shall be charged against amounts collected and Rents charged to the parties hereto in the proportion in which Mortgagee may deem necessary each is entitled to the proceeds of such collection. (b) Seller shall have the right to seek collection of any Fixed and Other Tenant Charge Arrearages owed to it and not collected by or desirable on behalf of it within six months following the Closing Date; provided, however, that in seeking to protect collect any such Fixed and Other Tenant Charge Arrearages, Seller shall not be entitled to terminate any Lease or the security REA or otherwise seek any remedy which could materially affect or impact the Property or the ownership or operation thereof other than a money judgment against the delinquent Party. Purchaser shall not be required to join in any such actions or proceedings commenced by Seller unless the provisions of any law, rule or regulation at the time in effect shall require that such actions or proceedings be brought by and/or in the name of Purchaser, in which event Purchaser shall join and cooperate in such actions or proceedings or permit the same to be brought by Seller in Purchaser's name but Seller shall pay all costs and expenses relating thereto, including without limitation Purchaser's reasonable legal fees in reviewing pleadings and other materials filed in connection with such litigation. (c) Notwithstanding anything to the contrary contained herein, Purchaser shall have the right at any time on or after the Closing, and whether or not its joinder shall be required as a matter of law, to join in, or to be substituted for Seller in, any proceedings for the Obligationseviction of Tenants and/or the collection of Rent which may have been instituted by Seller either prior to or after the Closing, if the Tenant in question is still in possession of the premises covered by its Lease and if, in connection therewith, Purchaser intends to seek eviction of such Tenant, cancellation of the Lease or repossession of the premises. Any Rents If Purchaser joins in, or is substituted for Seller as plaintiff in any such litigation, Purchaser shall, thereafter, assume sole liability for all costs and expenses of such litigation, including legal fees and expenses, as may thereafter be incurred (except as provided below) and shall thereafter control all aspects of such proceedings, except that Purchaser shall not be entitled to waive, reduce or otherwise compromise any claims for Rent relating to any period prior to Closing other than in accordance with the policies of Purchaser from time to time as to Rent deficiencies generally. Seller in any event may, at its option, continue to participate in such litigation. In any event, Seller shall reimburse Purchaser for a pro rata portion of Purchaser's costs and expenses of such collection in proportion to, but in no event in an amount greater than, the amount, if any, actually received by Seller after Closing as a result of such proceedings; provided, however, Seller shall be applied first entitled to pay all Expenses a credit for actual and next reasonable legal fees and expenses incurred by Seller prior to the intervention by Purchaser in reduction of connection with the other Obligations. Mortgagor shall pay, on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received proceedings previously instituted by Mortgagee, and (ii) all Expenses incurred together Seller in connection with interest thereon as provided in the Loan Agreement and the other Loan Documentssuch collection efforts.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (General Growth Properties Inc), Purchase and Sale Agreement (General Growth Properties Inc), Purchase and Sale Agreement (General Growth Properties Inc)

Collection of Rents. Upon the occurrence of an Event of Default, the license granted to Mortgagor Grantor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon MortgagorGrantor. Mortgagee Lender may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee Lender may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s Grantor's rights under the Leases. Without limiting limitation to the generality of the foregoing, Mortgagee Lender may notify the tenants under the Leases that all Rents are to be paid to MortgageeLender, and following such notice all Rents shall be paid directly to Mortgagee Lender and not to Mortgagor Grantor or any other Person other than as directed by MortgageeXxxxxx, xx xxxxg it being understood that a demand by Mortgagee Xxxxxx on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee Lender without the necessity of further consent by MortgagorGrantor. Mortgagor Grantor hereby irrevocably authorizes and directs the tenants under the Leases to pay all Rents to Mortgagee Lender instead of to MortgagorGrantor, upon receipt of written notice from MortgageeXxxxxx, without the necessity of any inquiry of Mortgagor xxx xxxxout Grantor and without the necessity of determining the existence or non-existence of an Event of Default. Mortgagor Grantor hereby appoints Mortgagee Xxxxxx as Mortgagor’x xxxxxxeyGrantor's attorney-in-fact with full power of substitution, which appointment shall take effect be effective upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Grantor's name or in Mortgagee’s Xxxxxx's name: (a) to endorse all checks and other instruments received in payment of Rents and to deposit the same in any account selected by MortgageeXxxxxx; (b) to give receipts and releases in relation thereto; (c) to institute, prosecute and/or settle actions for the recovery of Rents; (d) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (e) to cancel any Leases; (f) to enter into new Leases; and (g) to do all other acts and things with respect to the Leases and Rents which Mortgagee Lender may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction accordance with the terms of the other Obligations. Mortgagor shall paysub-section (b), on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documentsabove.

Appears in 2 contracts

Samples: Construction Mortgage, Credit Line Deed of Trust

Collection of Rents. Upon Grantor absolutely, presently, unconditionally and irrevocably assigns to Beneficiary, with or without taking possession of the occurrence of an Event of DefaultLand or the Buildings, the license granted to Mortgagor Rents, and hereby authorizes and empowers Beneficiary to collect the Rents as the same shall be automatically become due, and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee may, but shall not be obligated to, exercise any or does hereby irrevocably direct each and all of the rights and remedies provided in Section 697.07 lessees, sublessees, licensees, or other occupants of the Florida Statutes and perform any or all obligations of the landlord under any or all of the LeasesMortgaged Property to pay to Beneficiary, and Mortgagee may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting the generality of the foregoing, Mortgagee may notify the tenants under the Leases that all Rents are to be paid to Mortgagee, and following such notice all Rents shall be paid directly to Mortgagee and not to Mortgagor or any other Person other than as directed by Mortgagee, xx xxxxg understood that a upon demand by Mortgagee on any tenant under Beneficiary, the Leases for the payment of Rent shall be sufficient Rents, provided that prior to warrant payment by such tenant of Rent to Mortgagee without the necessity of further consent by Mortgagor. Mortgagor hereby irrevocably authorizes and directs the tenants under the Leases to pay all Rents to Mortgagee instead of to Mortgagor, upon receipt of written notice from Mortgagee, without the necessity of any inquiry of Mortgagor xxx xxxxout the necessity of determining the existence or non-existence of an Event of Default. Mortgagor hereby appoints Mortgagee as Mortgagor’x xxxxxxey-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of Default and so long as no Event of Default is coupled with an interest continuing, Grantor shall have a license to collect and is irrevocable prior receive all Rents, which license shall be terminable in the sole and absolute discretion of Beneficiary, without regard to the full adequacy of its security and final payment without notice to or demand on Grantor, upon the occurrence of any Event of Default. Upon the termination of Grantor’s license to collect the Rents, Grantor shall immediately turn over or cause to be turned over to Beneficiary, or its agent or designee, promptly upon receipt or collection, all Rents previously paid to Grantor or any managing or collection agent of Grantor and performance not theretofore expended for the Mortgaged Property, as well as all Rents which are collected or received by Grantor or any managing or collection agent of Grantor after the termination of Grantor’s license to collect the Rents. Any such Rents not turned over to Beneficiary as required hereby shall be deemed to be held by Grantor in trust for Beneficiary. The foregoing assignment shall not impose upon Beneficiary any duty to produce Rents from the Mortgaged Property, and shall not cause Beneficiary to be a “mortgagee-in-possession” for any purpose. Without limiting the application of the Obligationsprovisions of real property law to the aforesaid assignment of the Rents to Beneficiary, Beneficiary is hereby expressly granted a first priority security interest in Mortgagor’x xxxx xr in Mortgagee’s name: (a) all of such items included as Rents for which perfection of a lien or charge thereon may be governed by the provisions of Article 9/Division 9 of the UCC. Without limiting any other provisions of this Deed of Trust, Beneficiary shall be entitled to endorse all checks and other instruments received in payment enforce this assignment of Rents and to deposit the same exercise all rights and remedies in accordance with any account selected by Mortgagee; (b) to give receipts and releases in relation thereto; (c) to instituteapplicable provisions of law, prosecute and/or settle actions for the recovery of Rents; (d) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (e) to cancel any Leases; (f) to enter into new Leases; and (g) to do all other acts and things with respect to the Leases and Rents which Mortgagee may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction without limitation Section 2938 of the other Obligations. Mortgagor shall pay, on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan DocumentsCalifornia Civil Code.

Appears in 2 contracts

Samples: Credit Agreement (Mueller Water Products, Inc.), Credit Agreement (Mueller Water Products, Inc.)

Collection of Rents. (a) Upon the occurrence occurrence, and during the continuance, of an Event of Default, the license granted to Mortgagor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee Beneficiary may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee Beneficiary may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting limitation to the generality of the foregoing, Mortgagee Beneficiary may notify the tenants under the Leases that all Rents are to be paid to MortgageeBeneficiary, and following such notice all Rents shall be paid directly to Mortgagee Beneficiary and not to Mortgagor or any other Person other than as directed by MortgageeBeneficiary, xx xxxxg it being understood that a demand by Mortgagee Beneficiary on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee Beneficiary without the necessity of further consent by Mortgagor. Mortgagor hereby irrevocably authorizes and directs the tenants under the Leases Lease to pay all Rents to Mortgagee Beneficiary instead of to Mortgagor, upon receipt of written notice from MortgageeBeneficiary, without the necessity of any inquiry of Mortgagor xxx xxxxout and without the necessity of determining the existence or non-existence of an Event of Default. Mortgagor hereby appoints Mortgagee Beneficiary as Mortgagor’x xxxxxxeyMortgagor’s attorney-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Mortgagor’s name or in MortgageeBeneficiary’s name: (ai) to endorse all checks and other instruments Mortgages received in payment of Rents and to deposit the same in any account selected by MortgageeBeneficiary; (bii) to give receipts and releases in relation thereto; (ciii) to institute, prosecute and/or settle actions for the recovery of Rents; (div) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (ev) to cancel any Leases; (fvi) to enter into new Leases; and (gvii) to do all other acts and things with respect to the Leases and Rents which Mortgagee Beneficiary may deem necessary or desirable to protect the security for the Obligations. (b) In furtherance of this Section, following the occurrence, and during the continuance, of an Event of Default, Beneficiary may apply for appointment of a receiver, for which receivership Mortgagor hereby consents to, who shall have all the rights permitted by Minn. Stat. Ch. 576 and Minn. Stat. § 559.17 and as otherwise authorized by such appointment and all rights permitted to the Beneficiary in this Mortgage and who shall manage the Property, collect the Rents, deal with the tenants, renew or extend the Lease(s) within or beyond the period of receivership, cancel, enforce or modify the Lease(s), including the Rents, apply the Rents as hereinafter provided, perform the terms of this Mortgage, perform the terms of and take such actions as are authorized by its appointment, and do any acts which the receiver deems proper to protect the security hereof. (c) Any Rents received Rents, whether collected by the Beneficiary or by a receiver, shall be applied first in the following order: (1) to pay payment of all Expenses reasonable fees of any receiver appointed; (2) to the extent possible and next in reduction the order determined by the receiver to preserve the value of the other ObligationsProperty, as required by Minn. Stat. Mortgagor § 576.25, Subd. 5(d); (3) to Beneficiary in payment of the Obligations in such order of application as Beneficiary may elect, and in the event that a foreclosure sale of this Mortgage shall pay, on demand, to Mortgageehave occurred: (A) if Beneficiary is the purchaser at the foreclosure sale, the amount Rents shall be paid to Beneficiary to be applied to the extent of any deficiency between remaining after the sale, the balance to be retained by Beneficiary, and if the Property be redeemed by Mortgagor or any other party entitled to redeem, to be applied as a credit against the redemption price, provided, if the Property not be redeemed, any remaining excess Rents to belong to Beneficiary, whether or not a deficiency exists; or (iB) if Beneficiary is not the purchaser at the foreclosure sale, the Rents received by Mortgageeshall be paid to Beneficiary to be applied to the extent of any deficiency remaining after the sale, and (ii) the balance, if any, to the purchaser, provided if the Property is redeemed by Mortgagor or other party entitled to redeem, the Rents collected after foreclosure sale shall be applied as a credit against the redemption price with the remainder to be paid to Mortgagor. If the Property is not redeemed by Mortgagor, any remaining excess Rents shall be paid to the purchaser. The exercise of Beneficiary’s rights hereunder, the appointment of a receiver, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any Event of Default or waive, modify or affect notice of default under the Note or this Mortgage or invalidate any act done pursuant to said notice, nor in any way operate to prevent Beneficiary from pursuing any remedy which now or hereafter it may have under the terms and conditions of this Mortgage or the Note secured thereby or any other instruments securing the same. The rights and powers of Beneficiary hereunder shall remain in full force and effect both prior to and after any foreclosure of this Mortgage and any sale pursuant thereto and until expiration of the period of redemption from said sale, regardless of whether a deficiency remains from said sale. The purchaser at any foreclosure sale, including Beneficiary, shall have the right, at any time and without limitation, to advance money to any receiver appointed of the Property to pay any part or all Expenses incurred together of the items which the receiver would otherwise be authorized to pay if cash were available from the Property and the sum so advanced, with interest thereon as at the rate provided for in the Loan Agreement Note, shall be a part of the sum required to be paid to redeem from any foreclosure sale. (d) It is the intention of the parties that this Mortgage shall confer upon Beneficiary the fullest rights, remedies and the other Loan Documentsbenefits available under Minn. Stat. Ch. 576 and Minn. Stat. § 559.17, as from time to time amended or supplemented, or any successor or replacement statutes thereof.

Appears in 2 contracts

Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing, Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (KBS Real Estate Investment Trust III, Inc.)

Collection of Rents. Upon the occurrence of an Event of Default, the license granted to Mortgagor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting limitation to the generality of the foregoing, Mortgagee may notify the tenants under the Leases that all Rents are to be paid to Mortgagee, and following such notice all Rents shall be paid directly to Mortgagee and not to Mortgagor or any other Person other than as directed by Mortgagee, xx xxxxg it being understood that a demand by Mortgagee on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee without the necessity of further consent by Mortgagor. Mortgagor hereby irrevocably authorizes and directs the tenants under the Leases Lease to pay all Rents to Mortgagee instead of to Mortgagor, upon receipt of written notice from Mortgagee, without the necessity of any inquiry of Mortgagor xxx xxxxout and without the necessity of determining the existence or non-existence of an Event of Default. Mortgagor hereby appoints Mortgagee as Mortgagor’x xxxxxxeyMortgagor’s attorney-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Mortgagor’s name or in Mortgagee’s name: (a) to endorse all checks and other instruments Mortgages received in payment of Rents and to deposit the same in any account selected by Mortgagee; (b) to give receipts and releases in relation thereto; (c) to institute, prosecute and/or settle actions for the recovery of Rents; (d) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (e) to cancel any Leases; (f) to enter into new Leases; and (g) to do all other acts and things with respect to the Leases and Rents which Mortgagee may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction of the other Obligations. Mortgagor shall pay, on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documents.

Appears in 2 contracts

Samples: Fee and Leasehold Mortgage, Assignment of Leases and Rents and Security Agreement (Inland Diversified Real Estate Trust, Inc.), Term Loan Agreement (Acadia Realty Trust)

Collection of Rents. Prior to any Event of Default hereunder, Grantor shall have a license to, and shall, collect and receive all Rents of the Property as trustee for the benefit of Lender and Grantor, apply the Rents so collected first to the payment of taxes, assessments and other charges on the Property prior to delinquency, second to the cost of insurance, maintenance and repairs required by the terms of this Deed of Trust, third to the costs of discharging any obligation or liability of Grantor under the Leases, and fourth to the Secured Obligations, with the balance, if any, to the account of Grantor provided there is no Event of Default. Upon the occurrence delivery of written notice by Xxxxxx to Grantor of an Event of Default, Default hereunder and stating that Lender exercises its rights to the license granted to Mortgagor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the LeasesRents, and Mortgagee may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting the generality of the foregoing, Mortgagee may notify the tenants under the Leases that all Rents are to be paid to Mortgagee, and following such notice all Rents shall be paid directly to Mortgagee and not to Mortgagor or any other Person other than as directed by Mortgagee, xx xxxxg understood that a demand by Mortgagee on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee without the necessity of further consent Lender entering upon and taking and maintaining full control of the Property in person, by Mortgagoragent or by a court-appointed receiver, Xxxxxx shall immediately be entitled to possession of all Rents from the Property as the same become due and payable including without limitation Rents then due and unpaid, and all such Rents shall immediately upon delivery of such notice be held by Grantor as trustee for the benefit of Xxxxxx only. Mortgagor Upon delivery of such written notice by Xxxxxx, Grantor hereby irrevocably authorizes and directs agrees to direct each tenant or occupant of the tenants under the Leases Property to pay all Rents to Mortgagee instead of to Mortgagor, upon receipt of Lender on Xxxxxx’s written notice from Mortgageedemand therefor, without any liability on the necessity part of any inquiry of Mortgagor xxx xxxxout the necessity of determining said tenant or occupant to inquire further as to the existence or non-existence of an Event of Defaulta default by Grantor. Mortgagor Grantor hereby appoints Mortgagee authorizes Xxxxxx as Mortgagor’x xxxxxxeyXxxxxxx’s attorney-in-fact with full power of substitutionto make such direction to tenants and occupants upon Grantor’s failure to do so as required herein. Payments made to Lender by tenants or occupants shall, which appointment shall take effect upon the occurrence of an Event of Default as to such tenants and is coupled with an interest and is irrevocable prior to the full and final payment and performance occupants, be in discharge of the Obligationspayors’ obligations to Grantor. Lender may exercise, in Mortgagor’x xxxx xr in MortgageeLender’s or Grantor’s name: (a) , all rights and remedies available to endorse all checks and other instruments received in payment of Rents and to deposit the same in any account selected by Mortgagee; (b) to give receipts and releases in relation thereto; (c) to institute, prosecute and/or settle actions for the recovery of Rents; (d) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (e) to cancel any Leases; (f) to enter into new Leases; and (g) to do all other acts and things Grantor with respect to the Leases and Rents which Mortgagee may deem necessary or desirable to protect the security for the Obligationscollection of Rents. Any Rents received Nothing herein contained shall be applied first construed as obligating Lender to pay all Expenses and next in reduction perform any of Grantor’s obligations under any of the other Obligations. Mortgagor shall pay, on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan DocumentsLeases.

Appears in 1 contract

Samples: Deed of Trust (Synthetech Inc)

Collection of Rents. (a) Upon the occurrence occurrence, and during the continuance, of an Event of Default, the license granted to Mortgagor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting limitation to the generality of the foregoing, Mortgagee may notify the tenants under the Leases that all Rents are to be paid to Mortgagee, and following such notice all Rents shall be paid directly to Mortgagee and not to Mortgagor or any other Person other than as directed by Mortgagee, xx xxxxg it being understood that a demand by Mortgagee on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee without the necessity of further consent by Mortgagor. Mortgagor hereby irrevocably authorizes and directs the tenants under the Leases Lease to pay all Rents to Mortgagee instead of to Mortgagor, upon receipt of written notice from Mortgagee, without the necessity of any inquiry of Mortgagor xxx xxxxout and without the necessity of determining the existence or non-existence of an Event of Default. Mortgagor hereby appoints Mortgagee as Mortgagor’x xxxxxxeyMortgagor’s attorney-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Mortgagor’s name or in Mortgagee’s name: (ai) to endorse all checks and other instruments Mortgages received in payment of Rents and to deposit the same in any account selected by Mortgagee; (bii) to give receipts and releases in relation thereto; (ciii) to institute, prosecute and/or settle actions for the recovery of Rents; (div) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (ev) to cancel any Leases; (fvi) to enter into new Leases; and (gvii) to do all other acts and things with respect to the Leases and Rents which Mortgagee may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction of the other Obligations. Mortgagor shall pay, on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documents.. BK 23319 PG 960

Appears in 1 contract

Samples: Mortgage, Assignment, Security Agreement and Fixture Filing (KBS Real Estate Investment Trust II, Inc.)

Collection of Rents. Upon the occurrence of an Event of Default, the license granted to Mortgagor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee Lender may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee Lender may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting limitation to the generality of the foregoing, Mortgagee Lender may notify the tenants under the Leases that all Rents are to be paid to MortgageeLender, and following such notice all Rents shall be paid directly to Mortgagee Lender and not to Mortgagor or any other Person other than as directed by MortgageeXxxxxx, xx xxxxg it being understood that a demand by Mortgagee Xxxxxx on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee Lender without the necessity of further consent by Mortgagor. Mortgagor Xxxxxxxxx hereby irrevocably authorizes and directs the tenants under the Leases to pay all Rents to Mortgagee Lender instead of to Mortgagor, upon receipt of written notice from MortgageeXxxxxx, without the necessity of any inquiry of Mortgagor xxx xxxxout Xxxxxxxxx and without the necessity of determining the existence or non-existence of an Event of Default. Mortgagor hereby appoints Mortgagee Xxxxxx as Mortgagor’x xxxxxxeyXxxxxxxxx’s attorney-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Xxxxxxxxx’s name or in MortgageeLender’s name: (a) to endorse all checks and other instruments received in payment of Rents and to deposit the same in any account selected by MortgageeXxxxxx; (b) to give receipts and releases in relation thereto; (c) to institute, prosecute and/or settle actions for the recovery of Rents; (d) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (e) to cancel any Leases; (f) to enter into new Leases; and (g) to do all other acts and things with respect to the Leases and Rents which Mortgagee Lender may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction accordance with the terms of the other Obligations. Mortgagor shall paysub-section (b), on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documentsabove.

Appears in 1 contract

Samples: Mortgage, Assignment of Rents, Security Agreement and Fixture Filing

Collection of Rents. (a) Upon the occurrence occurrence, and during the continuance, of an Event of Default, the license granted to Mortgagor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting limitation to the generality of the foregoing, Mortgagee may notify the tenants under the Leases that all Rents are to be paid to Mortgagee, and following such notice all Rents shall be paid directly to Mortgagee and not to Mortgagor or any other Person other than as directed by Mortgagee, xx xxxxg it being understood that a demand by Mortgagee on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee without the necessity of further consent by Mortgagor. Mortgagor hereby irrevocably authorizes and directs the tenants under the Leases Lease to pay all Rents to Mortgagee instead of to Mortgagor, upon receipt of written notice from Mortgagee, without the necessity of any inquiry of Mortgagor xxx xxxxout and without the necessity of determining the existence or non-existence of an Event of Default. Mortgagor hereby appoints Mortgagee as Mortgagor’x xxxxxxeyMortgagor’s attorney-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Mortgagor’s name or in Mortgagee’s name: (ai) to endorse all checks and other instruments Mortgages received in payment of Rents and to deposit the same in any account selected by Mortgagee; (bii) to give receipts and releases in relation thereto; (ciii) to institute, prosecute and/or settle actions for the recovery of Rents; (div) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (ev) to cancel any Leases; (fvi) to enter into new Leases; and (gvii) to do all other acts and things with respect to the Leases and Rents which Mortgagee may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction of the other Obligations. Mortgagor shall pay, on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documents.. BK 23319 PG 1108

Appears in 1 contract

Samples: Mortgage, Assignment, Security Agreement and Fixture Filing (KBS Real Estate Investment Trust II, Inc.)

Collection of Rents. Upon the occurrence of an Event of Default, the license granted to Mortgagor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee Lender may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee Lender may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting limitation to the generality of the foregoing, Mortgagee Lender may notify the tenants under the Leases that all Rents are to be paid to MortgageeLender, and following such notice all Rents shall be paid directly to Mortgagee Lender and not to Mortgagor or any other Person other than as directed by MortgageeXxxxxx, xx xxxxg it being understood that a demand by Mortgagee Xxxxxx on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee Lender without the necessity of further consent by Mortgagor. Mortgagor Xxxxxxxxx hereby irrevocably authorizes and directs the tenants under the Leases to pay all Rents to Mortgagee Lender instead of to Mortgagor, upon receipt of written notice from MortgageeXxxxxx, without the necessity of any inquiry of Mortgagor xxx xxxxout Xxxxxxxxx and without the necessity of determining the existence or non-existence of an Event of Default. Mortgagor hereby appoints Mortgagee Xxxxxx as Mortgagor’x xxxxxxeyXxxxxxxxx’s attorney-in-fact with full power of substitution, which appointment shall take effect be effective upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Xxxxxxxxx’s name or in MortgageeLender’s name: (a) to endorse all checks and other instruments received in payment of Rents and to deposit the same in any account selected by MortgageeXxxxxx; (b) to give receipts and releases in relation thereto; (c) to institute, prosecute and/or settle actions for the recovery of Rents; (d) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (e) to cancel any Leases; (f) to enter into new Leases; and (g) to do all other acts and things with respect to the Leases and Rents which Mortgagee Lender may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction accordance with the terms of the other Obligations. Mortgagor shall paysub-section (b), on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documentsabove.

Appears in 1 contract

Samples: Mortgage, Assignment of Rents, Security Agreement and Fixture Filing

Collection of Rents. Upon the occurrence and during the continuance of an Event of Default, the license granted to Mortgagor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting the generality of the foregoing, Mortgagee may notify the tenants under the Leases that all Rents are to be paid to Mortgagee, and following such notice all Rents shall be paid directly to Mortgagee (as agent for Lenders) and not to Mortgagor or any other Person other than as directed by Mortgagee, xx xxxxg it being understood that a demand by Mortgagee on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee without the necessity of further consent by Mortgagor. Mortgagor hereby irrevocably authorizes and directs the tenants under the Leases to pay all Rents to Mortgagee instead of to Mortgagor, upon receipt of written notice from Mortgagee, without the necessity of any inquiry of Mortgagor xxx xxxxout and without the necessity of determining the existence or non-existence of an Event of Default. Mortgagor hereby appoints Mortgagee as Mortgagor’x xxxxxxeyMortgagor’s attorney-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Mortgagor’s name or in Mortgagee’s name: (a) to endorse all checks and other instruments received in payment of Rents and to deposit the same in any account selected by Mortgagee; (b) to give receipts and releases in relation thereto; (c) to institute, prosecute and/or settle actions for the recovery of Rents; (d) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (e) to cancel any Leases; (f) to enter into new Leases; and (g) to do all other acts and things with respect to the Leases and Rents which Mortgagee may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction of the other Obligations. Mortgagor shall pay, on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Mortgage, Assignment, Security Agreement and Fixture Filing (Grubb & Ellis Healthcare REIT, Inc.)

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Collection of Rents. Upon the occurrence of an Event of Default, the license granted to Mortgagor Grantor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon MortgagorGrantor. Mortgagee Lender may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee Lender may, but shall not be obligated to, exercise and enforce any or all of MortgagorGrantor’s rights under the Leases. Without limiting limitation to the generality of the foregoing, Mortgagee Lender may notify the tenants under the Leases that all Rents are to be paid to MortgageeLender, and following such notice all Rents shall be paid directly to Mortgagee Lender and not to Mortgagor Grantor or any other Person other than as directed by MortgageeLender, xx xxxxg it being understood that a demand by Mortgagee Lender on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee Lender without the necessity of further consent by MortgagorGrantor. Mortgagor Grantor hereby irrevocably authorizes and directs the tenants under the Leases to pay all Rents to Mortgagee Lender instead of to MortgagorGrantor, upon receipt of written notice from MortgageeLender, without the necessity of any inquiry of Mortgagor xxx xxxxout Grantor and without the necessity of determining the existence or non-existence of an Event of Default. Mortgagor Grantor hereby appoints Mortgagee Lender as Mortgagor’x xxxxxxeyGrantor’s attorney-in-fact with full power of substitution, which appointment shall take effect be effective upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Grantor’s name or in MortgageeLender’s name: (a) to endorse all checks and other instruments received in payment of Rents and to deposit the same in any account selected by MortgageeLender; (b) to give receipts and releases in relation thereto; (c) to institute, prosecute and/or settle actions for the recovery of Rents; (d) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (e) to cancel any Leases; (f) to enter into new Leases; and (g) to do all other acts and things with respect to the Leases and Rents which Mortgagee Lender may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction accordance with the terms of the other Obligations. Mortgagor shall paysub-section (b), on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documentsabove.

Appears in 1 contract

Samples: Deed of Trust, Security Agreement

Collection of Rents. (a) Upon the occurrence of an Event of Default, the license granted to Mortgagor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee Administrative Agent may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee Administrative Agent may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting limitation to the generality of the foregoing, Mortgagee Administrative Agent may notify the tenants under the Leases that all Rents are to be paid to MortgageeAdministrative Agent, and following such notice all Rents shall be paid directly to Mortgagee Administrative Agent and not to Mortgagor or any other Person other than as directed by MortgageeAdministrative Agent, xx xxxxg it being understood that a demand by Mortgagee Administrative Agent on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee Administrative Agent without the necessity of further consent by Mortgagor. Mortgagor hereby irrevocably authorizes and directs the tenants under the Leases Lease to pay all Rents to Mortgagee Administrative Agent instead of to Mortgagor, upon receipt of written notice from MortgageeAdministrative Agent, without the necessity of any inquiry of Mortgagor xxx xxxxout and without the necessity of determining the existence or non-existence of an Event of Default. Mortgagor hereby appoints Mortgagee Administrative Agent as Mortgagor’x xxxxxxeyMortgagor’s attorney-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Mortgagor’s name or in MortgageeAdministrative Agent’s name: (ai) to endorse all checks and other instruments received in payment of Rents and to deposit the same and any other sums so received in any account selected by MortgageeAdministrative Agent; (bii) to give receipts and releases in relation thereto; (ciii) to institute, prosecute and/or settle actions for the recovery of Rents; (div) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (ev) to cancel any Leases; (fvi) to enter into new Leases; and (gvii) to do all other acts and things with respect to the Leases and Rents which Mortgagee Administrative Agent may deem necessary or desirable to protect the security for the Obligations. (b) In furtherance of this Section, Administrative Agent may apply for appointment of a receiver, for which receivership Mortgagor hereby consents to, who shall have all the rights permitted by Minn. Stat. Chapter 576 and §559.17 and as otherwise authorized by such appointment and all rights permitted to the Administrative Agent in this Mortgage and who shall manage the Property, collect the Rents, deal with the tenants, renew or extend the Lease(s) within or beyond the period of receivership, cancel, enforce or modify the Lease(s), including the Rents, apply the Rents as hereinafter provided, perform the terms of this Mortgage, perform the terms of and take such actions as are authorized by its appointment, and do any acts which the receiver deems proper to protect the security hereof. (c) Any Rents received Rents, whether collected by the Administrative Agent or by a receiver, shall be applied first to pay all Expenses and next the following in reduction the order determined by the receiver (or Administrative Agent if no receiver has been appointed) to preserve the value of the other ObligationsProperty (as provided in Minn. Stat. Mortgagor shall payChapter 576): (i) to payment of all reasonable fees of any receiver appointed; (ii) to the repayment when due of all tenant security deposits with interest therein, on demandas required by Minn. Stat. § 504B.178, if applicable; (iii) to payment when due of prior or current real estate taxes and special assessments payable with respect to the Property or, if this Mortgage so requires, to Mortgageethe periodic escrow for payment of the taxes and special assessments then due; (iv) to payment when due of premiums for insurance required by this Mortgage or, if this Mortgage so requires, to the periodic escrow for the payment of premiums then due; and (v) to payment of all expenses incurred for normal maintenance of the Property; and shall then be paid to Administrative Agent in payment of the Obligations in such order of application as Administrative Agent may elect, and in the event that a foreclosure sale of this Mortgage shall have occurred: (A) if Administrative Agent is the purchaser at the foreclosure sale, the amount Rents shall be paid to Administrative Agent to be applied to the extent of any deficiency between remaining after the sale, the balance to be retained by Administrative Agent, and if the Property be redeemed by Mortgagor or any other party entitled to redeem, to be applied as a credit against the redemption price, provided, if the Property not be redeemed, any remaining excess Rents to belong to Administrative Agent, whether or not a deficiency exists; or (iB) if Administrative Agent is not the purchaser at the foreclosure sale, the Rents received by Mortgageeshall be paid to Administrative Agent to be applied to the extent of any deficiency remaining after the sale, and (ii) the balance, if any, to the purchaser, provided if the Property is redeemed by Mortgagor or any other party entitled to redeem, the Rents collected after foreclosure sale shall be applied as a credit against the redemption price with the remainder to be paid to Mortgagor. If the Property is not redeemed by Mortgagor, any remaining excess Rents shall be paid to the purchaser. The exercise of Administrative Agent’s rights hereunder, the appointment of a receiver, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any Event of Default or waive, modify or affect notice of default under the Note or this Mortgage or invalidate any act done pursuant to said notice, nor in any way operate to prevent Administrative Agent from pursuing any remedy which now or hereafter it may have under the terms and conditions of this Mortgage or the Note secured thereby or any other instruments securing the same. The rights and powers of Administrative Agent hereunder shall remain in full force and effect both prior to and after any foreclosure of this Mortgage and any sale pursuant thereto and until expiration of the period of redemption from said sale, regardless of whether a deficiency remains from said sale. The purchaser at any foreclosure sale, including Administrative Agent, shall have the right, at any time and without limitation, to advance money to any receiver appointed of the Property to pay any part or all Expenses incurred together of the items which the receiver would otherwise be authorized to pay if cash were available from the Property and the sum so advanced, with interest thereon as at the rate provided for in the Loan Agreement Note, shall be a part of the sum required to be paid to redeem from any foreclosure sale. (d) It is the intention of the parties that this Mortgage shall confer upon Administrative Agent the fullest rights, remedies and the other Loan Documentsbenefits available under Minn. Stat. Chapter 576 and Minn. Stat. § 559.17, as from time to time amended or supplemented, or any successor or replacement statutes thereof.

Appears in 1 contract

Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (FSP 50 South Tenth Street Corp)

Collection of Rents. Upon the occurrence occurrence, and during the continuance, of an Event of Default, the license granted to Mortgagor Grantor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon MortgagorGrantor. Mortgagee Beneficiary may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee Beneficiary may, but shall not be obligated to, exercise and enforce any or all of MortgagorGrantor’s rights under the Leases. Without limiting limitation to the generality of the foregoing, Mortgagee Beneficiary may notify the tenants under the Leases that all Rents are to be paid to MortgageeBeneficiary, and following such notice all Rents shall be paid directly to Mortgagee Beneficiary and not to Mortgagor Grantor or any other Person other than as directed by MortgageeXxxxxxxxxxx, xx xxxxg it being understood that a demand by Mortgagee Beneficiary on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee Beneficiary without the necessity of further consent by MortgagorXxxxxxx. Mortgagor Grantor hereby irrevocably authorizes and directs the tenants under the Leases to pay all Rents to Mortgagee Beneficiary instead of to MortgagorGrantor, upon receipt of written notice from MortgageeBeneficiary, without the necessity of any inquiry of Mortgagor xxx xxxxout Grantor and without the necessity of determining the existence or non-existence of an Event of Default. Mortgagor Grantor hereby appoints Mortgagee Beneficiary as Mortgagor’x xxxxxxeyXxxxxxx’s attorney-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Grantor’s name or in MortgageeBeneficiary’s name: (a) to endorse all checks and other instruments Deed of Trusts received in payment of Rents and to deposit the same in any account selected by MortgageeBeneficiary; (b) to give receipts and releases in relation thereto; (c) to institute, prosecute and/or settle actions for the recovery of Rents; (d) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (e) to cancel any Leases; (f) to enter into new Leases; and (g) to do all other acts and things with respect to the Leases and Rents which Mortgagee Beneficiary may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction of the other Obligations. Mortgagor Grantor shall pay, on demand, to MortgageeBeneficiary, the amount of any deficiency between (i) the Rents received by MortgageeBeneficiary, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Deed of Trust, Assignment, Security Agreement and Fixture Filing (KBS Strategic Opportunity REIT, Inc.)

Collection of Rents. Upon the occurrence occurrence, and during the continuance, of an Event of Default, the license granted to Mortgagor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting limitation to the generality of the foregoing, Mortgagee may notify the tenants under the Leases that all Rents are to be paid to Mortgagee, and following such notice all Rents shall be paid directly to Mortgagee and not to Mortgagor or any other Person other than as directed by Mortgagee, xx xxxxg it being understood that a demand by Mortgagee on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee without the necessity of further consent by Mortgagor. Mortgagor hereby irrevocably authorizes and directs the tenants under the Leases Lease to pay all Rents to Mortgagee instead of to Mortgagor, upon receipt of written notice from Mortgagee, without the necessity of any inquiry of Mortgagor xxx xxxxout and without the necessity of determining the existence or non-existence of an Event of Default. Mortgagor hereby appoints Mortgagee as Mortgagor’x xxxxxxeyMortgagor’s attorney-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Mortgagor’s name or in Mortgagee’s name: (ai) to endorse all checks and other instruments Mortgages received in payment of Rents and to deposit the same in any account selected by Mortgagee; (bii) to give receipts and releases in relation thereto; (ciii) to institute, prosecute and/or settle actions for the recovery of Rents; (div) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (ev) to cancel any Leases; (fvi) to enter into new Leases; and (gvii) to do all other acts and things with respect to the Leases and Rents which Mortgagee may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction of the other Obligations. Mortgagor shall pay, on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (KBS Real Estate Investment Trust III, Inc.)

Collection of Rents. Upon the occurrence occurrence, and during the continuance of an Event of Default, the license granted to Mortgagor Grantor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon MortgagorGrantor. Mortgagee Beneficiary may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and to perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee Beneficiary may, but shall not be obligated to, exercise and enforce any or all of MortgagorGrantor’s rights under the Leases. Without limiting limitation to the generality of the foregoing, Mortgagee may Beneficiary may, upon the occurrence, and during the continuance, of an Event of Default, notify the tenants under the Leases that all Rents are to be paid to MortgageeBeneficiary, and following such notice all Rents shall be paid directly to Mortgagee Beneficiary and not to Mortgagor Grantor or any other Person other than as directed by MortgageeBeneficiary, xx xxxxg it being understood that a demand by Mortgagee Beneficiary on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee Beneficiary without the necessity of further consent by MortgagorGrantor. Mortgagor Grantor hereby irrevocably authorizes and directs the tenants under the Leases to pay all Rents to Mortgagee Beneficiary instead of to MortgagorGrantor, upon receipt of written notice from MortgageeBeneficiary, without the necessity of any inquiry of Mortgagor xxx xxxxout Grantor and without the necessity of determining the existence or non-existence of an Event of Default. Mortgagor Grantor hereby appoints Mortgagee Beneficiary as Mortgagor’x xxxxxxeyGrantor’s attorney-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Grantor’s name or in MortgageeBeneficiary’s name: (a) to endorse all checks and other instruments received in payment of Rents and to deposit the same in any account selected by MortgageeBeneficiary; (b) to give receipts and releases in relation thereto; (c) to institute, prosecute and/or settle actions for the recovery of Rents; (d) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (e) to cancel any Leases; (f) to enter into new Leases; and (g) to do all other acts and things with respect to the Leases and Rents which Mortgagee Beneficiary may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction of the other Obligations. Mortgagor Grantor shall pay, on demand, to MortgageeBeneficiary, the amount of any deficiency between (i) the Rents received by MortgageeBeneficiary, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (KBS Real Estate Investment Trust II, Inc.)

Collection of Rents. Upon the occurrence of an Event of Default, the license granted to Mortgagor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s 's rights under the Leases. Without limiting limitation to the generality of the foregoing, Mortgagee may notify the tenants under the Leases that all Rents are to be paid to Mortgagee, and following such notice all Rents shall be paid directly to Mortgagee and not to Mortgagor or any other Person other than as directed by Mortgagee, xx xxxxg it being understood that a demand by Mortgagee on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee without the necessity of further consent by Mortgagor. Mortgagor hereby irrevocably authorizes and directs the tenants under the Leases Lease to pay all Rents to Mortgagee instead of to Mortgagor, upon receipt of written notice from Mortgagee, without the necessity of any inquiry of Mortgagor xxx xxxxout and without the necessity of determining the existence or non-existence of an Event of a Default. Mortgagor hereby appoints Mortgagee as Mortgagor’x xxxxxxeyMortgagor's attorney-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of a Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Mortgagor's name or in Mortgagee’s 's name: (a) to endorse all checks and other instruments received in payment of Rents and to deposit the same in any account selected by Mortgagee; (b) to give receipts and releases in relation thereto; (c) to institute, prosecute and/or settle actions for the recovery of Rents; (d) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (e) to cancel any Leases; (f) to enter into new Leases; and (g) to do all other acts and things with respect to the Leases and Rents which Mortgagee may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction of the other Obligations. Mortgagor shall pay, on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Filing (Dixie Group Inc)

Collection of Rents. Upon the occurrence of an Event of Default, the license granted to Mortgagor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and to perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting limitation to the generality of the foregoing, Mortgagee may notify the tenants under the Leases that all Rents are to be paid to Mortgagee, and following such notice all Rents shall be paid directly to Mortgagee and not to Mortgagor or any other Person other than as directed by MortgageeXxxxxxxxx, xx xxxxg it being understood that a demand by Mortgagee on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee without the necessity of further consent by Mortgagor. Mortgagor hereby irrevocably authorizes and directs the tenants under the Leases to pay all Rents to Mortgagee instead of to Mortgagor, upon receipt of written notice from Mortgagee, without the necessity of any inquiry of Mortgagor xxx xxxxout Xxxxxxxxx and without the necessity of determining the existence or non-existence of an Event of Default. Mortgagor hereby appoints Mortgagee as Mortgagor’x xxxxxxeyXxxxxxxxx’s attorney-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Xxxxxxxxx’s name or in Mortgagee’s name: (a) to endorse all checks and other instruments received in payment of Rents and to deposit the same in any account selected by Mortgagee; (b) to give receipts and releases in relation thereto; (c) to institute, prosecute and/or settle actions for the recovery of Rents; (d) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (e) to cancel any Leases; (f) to enter into new Leases; and (g) to do all other acts and things with respect to the Leases and Rents which Mortgagee may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction of the other Obligations. Mortgagor shall pay, on demand, to Mortgagee, the amount of any deficiency between (i) the Rents received by Mortgagee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Open End Mortgage Deed (AstroNova, Inc.)

Collection of Rents. (a) Upon the occurrence occurrence, and during the continuance, of an Event of Default, the license granted to Mortgagor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Mortgagor. Mortgagee may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s rights under the Leases. Without limiting limitation to the generality of the foregoing, Mortgagee may notify the tenants under the Leases that all Rents are to be paid to Mortgagee, and following such notice all Rents shall be paid directly to Mortgagee and not to Mortgagor or any other Person other than as directed by Mortgagee, xx xxxxg it being understood that a demand by Mortgagee on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee without the necessity of further consent by Mortgagor. Mortgagor hereby irrevocably authorizes and directs the tenants under the Leases Lease to pay all Rents to Mortgagee instead of to Mortgagor, upon receipt of written notice from Mortgagee, without the necessity of any inquiry of Mortgagor xxx xxxxout and without the necessity of determining the existence or non-existence of an Event of Default. Mortgagor hereby appoints Mortgagee as Mortgagor’x xxxxxxeyMortgagor’s attorney-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Mortgagor’s name or in Mortgagee’s name: (ai) to endorse all checks and other instruments Mortgages received in payment of Rents and to deposit the same in any account selected by Mortgagee; (bii) to give receipts and releases in relation thereto; (ciii) to institute, prosecute and/or settle actions for the recovery of Rents; (div) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (ev) to cancel any Leases; (fvi) to enter into new Leases; and (gvii) to do all other acts and things with respect to the Leases and Rents which Mortgagee may deem necessary or desirable to protect the security for the Obligations. (b) In furtherance of this Section, following the occurrence, and during the continuance, of an Event of Default, Mortgagee may apply for appointment of a receiver, for which receivership Mortgagor hereby consents to, who shall have all the rights permitted by Minn. Stat. Ch. 576 and Minn. Stat. § 559.17 and as otherwise authorized by such appointment and all rights permitted to the Mortgagee in this Mortgage and who shall manage the Property, collect the Rents, deal with the tenants, renew or extend the Lease(s) within or beyond the period of receivership, cancel, enforce or modify the Lease(s), including the Rents, apply the Rents as hereinafter provided, perform the terms of this Mortgage, perform the terms of and take such actions as are authorized by its appointment, and do any acts which the receiver deems proper to protect the security hereof. (c) Any Rents received Rents, whether collected by the Mortgagee or by a receiver, shall be applied first in the following order: (i) to pay payment of all Expenses reasonable fees of any receiver appointed; (ii) to the extent possible and next in reduction the order determined by the receiver to preserve the value of the other ObligationsProperty, as required by Minn. Stat. Mortgagor § 576.25, Subd.5(d); (iii) to Mortgagee in payment of the Obligations in such order of application as Mortgagee may elect, and in the event that a foreclosure sale of this Mortgage shall pay, on demand, to Mortgageehave occurred: (A) if Mortgagee is the purchaser at the foreclosure sale, the amount Rents shall be paid to Mortgagee to be applied to the extent of any deficiency between (i) remaining after the Rents received sale, the balance to be retained by Mortgagee, and if the Property be redeemed by Mortgagee or any other party entitled to redeem, to be applied as a credit against the redemption price, provided, if the Property not be redeemed, any remaining excess Rents to belong to Mortgagee, whether or not a deficiency exists; or (iiB) if Mortgagee is not the purchaser at the foreclosure sale, the Rents shall be paid to Mortgagee to be applied to the extent of any deficiency remaining after the sale, and the balance, if any, to the purchaser, provided if the Property is redeemed by Mortgagor or other party entitled to redeem, the Rents collected after foreclosure sale shall be applied as a credit against the redemption price with the remainder to be paid to Mortgagor. If the Property is not redeemed by Mortgagor, any remaining excess Rents shall be paid to the purchaser. The exercise of Mortgagee’s rights hereunder, the appointment of a receiver, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any Event of Default or waive, modify or affect notice of default under the Loan Agreement, the Notes or this Mortgage or invalidate any act done pursuant to said notice, nor in any way operate to prevent Mortgagee from pursuing any remedy which now or hereafter it may have under the terms and conditions of this Mortgage, or the Loan Agreement or the Notes secured thereby, or any other instruments securing the same. The rights and powers of Mortgagee hereunder shall remain in full force and effect both prior to and after any foreclosure of this Mortgage and any sale pursuant thereto and until expiration of the period of redemption from said sale, regardless of whether a deficiency remains from said sale. The purchaser at any foreclosure sale, including Mortgagee, shall have the right, at any time and without limitation, to advance money to any receiver appointed of the Property to pay any part or all Expenses incurred together of the items which the receiver would otherwise be authorized to pay if cash were available from the Property and the sum so advanced, with interest thereon as at the rate provided for in the Loan Agreement Agreement, shall be a part of the sum required to be paid to redeem from any foreclosure sale. (d) It is the intention of the parties that this Mortgage shall confer upon Mortgagee the fullest rights, remedies and the other Loan Documentsbenefits available under Minn. Stat. Ch. 576 and Minn. Stat. § 559.17, as from time to time amended or supplemented, or any successor or replacement statutes thereof.

Appears in 1 contract

Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (KBS Real Estate Investment Trust III, Inc.)

Collection of Rents. Upon the occurrence of an Event of Default, the license granted to Mortgagor Grantor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon MortgagorGrantor. Mortgagee Grantee may, but shall not be obligated to, exercise any or all of the rights and remedies provided in Section 697.07 of the Florida Statutes and perform any or all obligations of the landlord under any or all of the Leases, and Mortgagee Grantee may, but shall not be obligated to, exercise and enforce any or all of Mortgagor’s Grantor's rights under the Leases. Without limiting limitation to the generality of the foregoing, Mortgagee Grantee may notify the tenants under the Leases that all Rents are to be paid to MortgageeGrantee, and following such notice all Rents shall be paid directly to Mortgagee Grantee and not to Mortgagor Grantor or any other Person other than as directed by MortgageeGrantee, xx xxxxg it being understood that a demand by Mortgagee Grantee on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Mortgagee Grantee without the necessity of further consent by MortgagorGrantor. Mortgagor Grantor hereby irrevocably authorizes and directs the tenants under the Leases Lease to pay all Rents to Mortgagee Grantee instead of to MortgagorGrantor, upon receipt of written notice from MortgageeGrantee, without the necessity of any inquiry of Mortgagor xxx xxxxout Grantor and without the necessity of determining the existence or non-existence of an Event of a Default. Mortgagor Grantor hereby appoints Mortgagee Grantee as Mortgagor’x xxxxxxeyGrantor's attorney-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of a Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Mortgagor’x xxxx xr Grantor's name or in Mortgagee’s Grantee's name: (a) to endorse all checks and other instruments received in payment of Rents and to deposit the same in any account selected by MortgageeGrantee; (b) to give receipts and releases in relation thereto; (c) to institute, prosecute and/or settle actions for the recovery of Rents; (d) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (e) to cancel any Leases; (f) to enter into new Leases; and (g) to do all other acts and things with respect to the Leases and Rents which Mortgagee Grantee may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction of the other Obligations. Mortgagor Grantor shall pay, on demand, to MortgageeGrantee, the amount of any deficiency between (i) the Rents received by MortgageeGrantee, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Deed to Secure Debt, Assignment of Rents and Leases, Security Agreement (Dixie Group Inc)

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