Collection of Rents. Upon or at any time that an Event of Default exists, Mortgagee may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, (a) enter upon, take possession of, manage and operate the Property, or any part thereof (including without limitation making necessary repairs, alterations and improvements to the Property); (b) make, cancel, enforce or modify Leases (and any guaranties thereof); (c) obtain and evict tenants; (d) fix or modify Rents; (e) do any acts which Mortgagee deems reasonably proper to protect the security thereof and (f) either with or without taking possession of the Property, in its own name xxx for or otherwise collect and receive such Rents, including those past due and unpaid. In connection with the foregoing, Mortgagee shall be entitled and empowered to employ attorneys, and management, rental and other agents in and about the Property and to effect the matters which Mortgagee is empowered to do, and in the event Mortgagee shall itself effect such matters, Mortgagee shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee or such persons shall be additional Secured Obligations. Mortgagee may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys’ and agents’ fees, charges, costs and expenses, as aforesaid, upon any Secured Obligations, and in such order as Mortgagee may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default or waive, modify or affect notice of default under the Note or this Mortgage or invalidate any act done pursuant to such notice.
Appears in 6 contracts
Samples: Open End Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (GTJ REIT, Inc.), Open End Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (GTJ REIT, Inc.), Open End Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (GTJ REIT, Inc.)
Collection of Rents. Upon or at any time that after an Event of Default existsshall have occurred and be continuing, Mortgagee Grantee may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, (ai) enter upon, take possession of, manage and operate the Property, or any part thereof (including without limitation making necessary repairs, alterations and improvements to the Property); (bii) make, cancel, enforce or modify Leases (and any guaranties thereof)Leases; (ciii) obtain and evict tenants; (div) fix or modify Rents; (ev) do any acts which Mortgagee Grantee deems reasonably proper to protect the security thereof thereof; and (fvi) either with or without taking possession of the Property, in its own name xxx for or otherwise collect and receive such Rents, including those past due and unpaid. In connection with the foregoing, Mortgagee Grantee shall be entitled and empowered to employ attorneys, and management, rental and other agents in and about the Property and to effect the matters which Mortgagee Grantee is empowered to do, and in the event Mortgagee Grantee shall itself effect such matters, Mortgagee Grantee shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee Grantee or such persons shall be additional Secured Obligations. Mortgagee Grantee may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys’ and agents’ fees, charges, costs and expenses, as aforesaid, upon any Secured Obligations, and in such order as Mortgagee Grantee may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default or waive, modify or affect notice of default under the Note or this Mortgage Deed to Secure Debt or invalidate any act done pursuant to such notice.
Appears in 2 contracts
Samples: Deed to Secure Debt, Security Agreement and Assignment of Leases and Rents (KBS Real Estate Investment Trust, Inc.), Deed to Secure Debt, Security Agreement and Assignment of Leases and Rents (KBS Real Estate Investment Trust, Inc.)
Collection of Rents. Upon or at any time that after an Event of Default existsshall have occurred and be continuing, Mortgagee Beneficiary may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, (ai) enter upon, take possession of, manage and operate the Property, or any part thereof (including without limitation making necessary repairs, alterations and improvements to the Property); (bii) make, cancel, enforce or modify Leases (and any guaranties thereof)Leases; (ciii) obtain and evict tenants; (div) fix or modify Rents; (ev) do any acts which Mortgagee Beneficiary deems reasonably proper to protect the security thereof thereof; and (fvi) either with or without taking possession of the Property, in its own name xxx for or otherwise collect and receive such Rents, including those past due and unpaid. In connection with the foregoing, Mortgagee Beneficiary shall be entitled and empowered to employ attorneys, and management, rental and other agents in and about the Property and to effect the matters which Mortgagee Beneficiary is empowered to do, and in the event Mortgagee Beneficiary shall itself effect such matters, Mortgagee Beneficiary shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee Beneficiary or such persons shall be additional Secured Obligations. Mortgagee Beneficiary may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys’ and agents’ fees, charges, costs and expenses, as aforesaid, upon any Secured Obligations, and in such order as Mortgagee Beneficiary may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default or waive, modify or affect notice of default under the Note or this Mortgage Security Instrument or invalidate any act done pursuant to such notice.
Appears in 2 contracts
Samples: Deed of Trust (Griffin Capital Essential Asset REIT II, Inc.), Deed of Trust (Griffin Capital Essential Asset REIT II, Inc.)
Collection of Rents. Upon or at any time that after an Event of Default existsshall have occurred and be continuing, Mortgagee may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, (a) enter upon, take possession of, manage and operate the Property, or any part thereof (including without limitation making necessary repairs, alterations and improvements to the Property); (b) make, cancel, enforce or modify Leases (and any guaranties thereof)Leases; (c) obtain and evict tenants; (d) fix or modify Rents; (e) do any acts which Mortgagee deems reasonably proper to protect the security thereof thereof; and (f) either with or without taking possession of the Property, in its own name xxx for or otherwise collect and receive such Rents, including those past due and unpaid. In connection with the foregoing, Mortgagee shall be entitled and empowered to employ attorneys, and management, rental and other agents in and about the Property and to effect the matters which Mortgagee is empowered to do, and in the event Mortgagee shall itself effect such matters, Mortgagee shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee or such persons shall be additional Secured Obligations. Mortgagee may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys’ and agents’ fees, charges, costs and expenses, as aforesaid, upon any Secured Obligations, and in such order as Mortgagee may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default or waive, modify or affect notice of default under the Note or this Mortgage or invalidate any act done pursuant to such notice.
Appears in 2 contracts
Samples: Mortgage Deed (Griffin Land & Nurseries Inc), Mortgage, Security Agreement, Fixture Filing, Financing Statement and Assignment of Leases and Rents (KBS Real Estate Investment Trust, Inc.)
Collection of Rents. Upon or at any time that after an Event of Default existsshall have occurred and be continuing, Mortgagee may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, (ai) enter upon, take possession of, manage and operate the Property, or any part thereof (including without limitation making necessary repairs, alterations and improvements to the Property); (bii) make, cancel, enforce or modify Leases (and any guaranties thereof)Leases; (ciii) obtain and evict tenants; (div) fix or modify Rents; (ev) do any acts which Mortgagee deems reasonably proper to protect the security thereof thereof; and (fvi) either with or without taking possession of the Property, in its own name xxx for or otherwise collect and receive such Rents, including those past due and unpaid. In connection with the foregoing, Mortgagee shall be entitled and empowered to employ attorneys, and management, rental and other agents in and about the Property and to effect the matters which Mortgagee is empowered to do, and in the event Mortgagee shall itself effect such matters, Mortgagee shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee or such persons shall be additional Secured Obligations. Mortgagee may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys’ and agents’ fees, charges, costs and expenses, as aforesaid, upon any Secured Obligations, and in such order as Mortgagee may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default or waive, modify or affect notice of default under the Note or this Mortgage Security Instrument or invalidate any act done pursuant to such notice.
Appears in 2 contracts
Samples: Mortgage, Security Agreement, Fixture Filing, and Assignment of Leases and Rents (Griffin Capital Essential Asset REIT, Inc.), Second Mortgage, Security Agreement, Fixture Filing, and Assignment of Leases and Rents (Griffin Capital Essential Asset REIT, Inc.)
Collection of Rents. Upon or at any time that after a Default or an Event of Default existsshall have occurred and be continuing, Mortgagee may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, (a) enter upon, take possession of, manage and operate the Property, or any part thereof (including without limitation making necessary repairs, alterations and improvements to the Property); (b) make, cancel, enforce or modify Leases (and any guaranties thereof)Leases; (c) obtain and evict tenants; (d) fix or modify Rents; (e) do any acts which Mortgagee deems reasonably proper to protect the security thereof thereof; and (f) either with or without taking possession of the Property, in its own name xxx for or otherwise collect and receive such Rents, including those past due and unpaid. In connection with the foregoing, Mortgagee shall be entitled and empowered to employ attorneys, and management, rental and other agents in and about the Property and to effect the matters which Mortgagee is empowered to do, and in the event Mortgagee shall itself effect such matters, Mortgagee shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee or such persons shall be additional Secured Obligations. Mortgagee may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys’ ' and agents’ ' fees, charges, costs and expenses, as aforesaid, upon any Secured Obligations, and in such order as Mortgagee may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default or waive, modify or affect notice of default under the Note or this Mortgage or invalidate any act done pursuant to such notice.
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Collection of Rents. Upon or at any time that after an Event of Default existsshall have occurred and be continuing, Mortgagee may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, (a) enter upon, take possession of, manage and operate the Property, or any part thereof (including without limitation making necessary repairs, alterations and improvements to the Property); (b) make, cancel, enforce or modify Leases (and any guaranties thereof)Secondary Leases; (c) obtain and evict tenants; (d) fix or modify Rents; (e) do any acts which Mortgagee deems reasonably proper to protect the security thereof thereof; and (f) either with or without taking possession of the Property, in its own name xxx sue for or otherwise collect and receive such Rents, including those past due and unpaid. In connection with the foregoing, Mortgagee shall be entitled and empowered to employ attorneys, and management, rental and other agents in and about the Property and to effect the matters which Mortgagee is empowered to do, and in the event Mortgagee shall itself effect such matters, Mortgagee shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee or such persons shall be additional Secured Obligations. Mortgagee may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys’ ' and agents’ ' fees, charges, costs and expenses, as aforesaid, upon any Secured Obligations, and in such order as Mortgagee may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default Default or waive, modify or affect notice of default Default under the Note or this Mortgage or invalidate any act done pursuant to such notice.
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Collection of Rents. Upon or at any time that an Event of after a Default existsunder the Loan Documents shall have occurred and be continuing, Mortgagee Assignee may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or (at its option) by a receiver to be appointed by a court, (ai) enter upon, take possession of, manage manage, lease, and operate the Property, or any part thereof (including including, without limitation limitation, making necessary repairs, alterations and improvements to the Property); (bii) take possession of all tangible and intangible personal property associated with the Property and in which Assignee has a security interest; (iii) make, cancel, enforce endorse, or modify Leases (and any guaranties thereof)leases; (civ) obtain and evict tenants; (dv) fix or modify Rentsrents; (evi) do any acts which Mortgagee Assignee deems reasonably proper to protect the security thereof thereof; and (fvii) either with or without taking possession of the Property, in its own own-name xxx sxx for or otherwise collect and receive such the Rents, including those past due and unpaid. In connection with the foregoing, Mortgagee Assignee shall be entitled and empowered to employ attorneys, and management, rental rental, and other agents in and about the Property and to effect the matters which Mortgagee Assignee is empowered to do, and in the event Mortgagee Assignee shall itself effect such matters, Mortgagee Assignee shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee Assignee or such persons shall be additional Secured Obligations. Mortgagee Assignee may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys’, legal assistants’ and agents’ fees, charges, costs and expenses, as aforesaid, upon to any Secured Obligations, and in such order as Mortgagee Assignee may determine. The entering upon and taking possession of the Property, the collection of such Rents the Rents, and the application thereof as aforesaid shall not cure or waive any default or waive, modify or affect notice of default under the Note or this Mortgage any Loan Document or invalidate any act done pursuant to such notice. Nothing herein contained shall be construed as constituting Assignee as a trustee or mortgagee in possession.
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Collection of Rents. Upon or at any time that after an Event of Default existsshall have occurred and be continuing, Mortgagee Lender may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, (a) enter upon, take possession of, manage and operate the Property, or any part thereof (including without limitation making necessary repairs, alterations and improvements to the Property); (b) make, cancel, enforce or modify Leases (and any guaranties thereof)Leases; (c) obtain and evict tenants; (d) fix or modify Rents; (e) do any acts which Mortgagee Lender deems reasonably proper to protect the security thereof and thereof; (f) either with or without taking possession of the Property, in its own name xxx for or otherwise collect and receive such Rents, including those past due and unpaid; and (g) send a notice to the tenants under Leases directing such tenants to make payments under the Leases directly to Lender. In connection with the foregoing, Mortgagee Lender shall be entitled and empowered to employ attorneys, and management, rental and other agents in and about the Property and to effect the matters which Mortgagee Lender is empowered to do, and in the event Mortgagee Lender shall itself effect such matters, Mortgagee Lender shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee Lender or such persons shall be additional Secured Obligations. Mortgagee Lender may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys’ and agents’ fees, charges, costs and expenses, as aforesaid, upon any Secured Obligations, and in such order as Mortgagee Lender may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default or waive, modify or affect notice of default under the Note or this Mortgage or invalidate any act done pursuant to such notice.
Appears in 1 contract
Collection of Rents. Upon or at any time that after an Event of Default existsshall have occurred and be continuing, Mortgagee Beneficiary may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, (ai) enter upon, take possession of, manage and operate the Property, or any part thereof (including without limitation making necessary repairs, alterations and improvements to the Property); (bii) make, cancel, enforce or modify Leases (and any guaranties thereof)Leases; (ciii) obtain and evict tenants; (div) fix or modify Rents; (ev) do any acts which Mortgagee Beneficiary deems reasonably proper to protect the security thereof thereof; and (fvi) either with or without taking possession of the Property, in its own name xxx sue for or otherwise collect and receive such Rents, including those past due and unpaid. In connection with the foregoing, Mortgagee Beneficiary shall be entitled and empowered to employ attorneys, and management, rental and other agents in and about the Property and to effect the matters which Mortgagee Beneficiary is empowered to do, and in the event Mortgagee Beneficiary shall itself effect such matters, Mortgagee Beneficiary shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee Beneficiary or such persons shall be additional Secured Obligations. Mortgagee Beneficiary may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys’ and agents’ fees, charges, costs and expenses, as aforesaid, upon any Secured Obligations, and in such order as Mortgagee Beneficiary may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default or waive, modify or affect notice of default under the Note or this Mortgage Deed of Trust or invalidate any act done pursuant to such notice.
Appears in 1 contract
Samples: Deed of Trust (KBS Real Estate Investment Trust, Inc.)
Collection of Rents. Upon or at any time that after an Event of Default existsshall have occurred and be continuing, Mortgagee Beneficiary may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations Indebtedness shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, (ai) enter upon, take possession of, manage and operate the Property, or any part thereof (including including, without limitation limitation, making necessary repairs, alterations and improvements to the Property); (bii) take possession of any and all Rents that may previously have been collected by Grantor and which remain in the possession or control of Grantor, together with any bank or similar accounts in which any such Rents may be deposited or held; (iii) make, cancel, enforce or modify Leases (and any guaranties thereof)Tenant Leases; (civ) obtain and evict tenants; (dv) fix or modify Rentsrents; (evi) do any acts which Mortgagee Beneficiary deems reasonably proper to protect the security thereof thereof; and (fvii) either with or without taking possession of the Property, in its own name xxx for or otherwise collect and receive such Rents, including those past due and unpaid. In connection with the foregoing, Mortgagee Beneficiary shall be entitled and empowered to employ attorneys, and management, rental and other agents in and about the Property and to effect the matters which Mortgagee Beneficiary is empowered to do, and in the event Mortgagee Beneficiary shall itself effect such matters, Mortgagee Beneficiary shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee Beneficiary or such persons shall be additional Secured ObligationsIndebtedness. Mortgagee Beneficiary may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys’ and agents’ fees, charges, costs and expenses, as aforesaid, upon any Secured ObligationsIndebtedness, and in such order as Mortgagee Beneficiary may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default or waive, modify or affect notice of default under the Note or this Mortgage Deed of Trust or invalidate any act done pursuant to such notice.
Appears in 1 contract
Samples: Deed of Trust (Behringer Harvard Opportunity REIT II, Inc.)
Collection of Rents. Upon or at any time that after an Event of Default exists, Mortgagee shall have occurred and be continuing. Beneficiary may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, (ai) enter upon, take possession of, manage and operate the Property, or any part thereof (including without limitation making necessary repairs, alterations and improvements to the Property); (bii) make, cancel, enforce or modify Leases (and any guaranties thereof)Leases; (ciii) obtain and evict tenants; (div) fix or modify Rents; : (ev) do any acts which Mortgagee Beneficiary deems reasonably proper to protect the security thereof thereof; and (fvi) either with or without taking possession of the Property, in its own name xxx sue for or otherwise collect and receive such Rents, including those past due and unpaid. In connection with the foregoing, Mortgagee Beneficiary shall be entitled and empowered to employ attorneys, and management, rental and other agents in and about the Property and to effect the matters which Mortgagee Beneficiary is empowered to do, and in the event Mortgagee Beneficiary shall itself effect such matters, Mortgagee . Beneficiary shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee Beneficiary or such persons shall be additional Secured Obligations. Mortgagee Beneficiary may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys’ and agents’ fees, charges, costs and expenses, as aforesaid, upon any Secured Obligations, and in such order as Mortgagee Beneficiary may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default or waive, modify or affect notice of default under the Note or this Mortgage Deed of Trust or invalidate any act done pursuant to such notice.
Appears in 1 contract
Collection of Rents. Upon or at During the existence of any time that an Event of Default existsDefault, Mortgagee Assignee may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, (a) enter upon, take possession of, manage and operate the Property, or any part thereof (including including, without limitation limitation, making necessary repairs, alterations and improvements to the Property); , (b) make, cancel, enforce or modify Leases (and any guaranties thereof); Leases, (c) obtain and evict tenants; , (d) fix or modify Rents; , (e) do any acts which Mortgagee Assignee deems reasonably proper to protect the security thereof and (f) either with or without taking possession of the Property, in its own name xxx for or otherwise collect and receive such Rents, including those past due and unpaid. In connection with the foregoing, Mortgagee Assignee shall be entitled and empowered to employ attorneys, attorneys and management, rental and other agents in and about the Property and to effect the matters which Mortgagee Assignee is empowered to do, and in the event Mortgagee Assignee shall itself effect such matters, Mortgagee Assignee shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; , and the reasonable fees, charges, costs and expenses of Mortgagee Assignee or such persons shall be additional Secured Obligations. Mortgagee Assignee may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys’ and agents’ fees, charges, costs and expenses, as aforesaid, upon any Secured Obligations, and in such order as Mortgagee Assignee may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default or waive, modify or affect notice of default under the Note or this Mortgage Assignment or invalidate any act done pursuant to such notice.
Appears in 1 contract
Collection of Rents. Upon or at any time that after an Event of Default existsshall have occurred and be continuing, Mortgagee Lender may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, (a) enter upon, take possession of, manage and operate the Property, or any part thereof (including without limitation making necessary repairs, alterations and improvements to the Property); (b) make, cancel, enforce or modify Leases (and any guaranties thereof)Secondary Leases; (c) obtain and evict tenants; (d) fix or modify Rents; (e) do any acts which Mortgagee Lender deems reasonably proper to protect the security thereof thereof; and (f) either with or without taking possession of the Property, in its own name xxx sxx for or otherwise collect and receive such Rents, including those past due and unpaid. In connection with the foregoing, Mortgagee Lender shall be entitled and empowered to employ attorneys, and management, rental and other agents in and about the Property and to effect the matters which Mortgagee Lender is empowered to do, and in the event Mortgagee Lender shall itself effect such matters, Mortgagee Lender shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee Lender or such persons shall be additional Secured Obligations. Mortgagee Lender may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys’ and agents’ fees, charges, costs and expenses, as aforesaid, upon any Secured Obligations, and in such order as Mortgagee Lender may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default Default or waive, modify or affect notice of default Default under the Note or this Mortgage or invalidate any act done pursuant to such notice.
Appears in 1 contract
Collection of Rents. Upon or at any time that after an Event of Default existsshall have occurred and be continuing, Mortgagee may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, (a) enter upon, take possession of, manage and operate the Property, or any part thereof (including without limitation making necessary repairs, alterations and improvements to the Property); (b) make, cancel, enforce or modify Leases (and any guaranties thereof)Leases; (c) obtain and evict tenants; (d) fix or modify Rents; (e) do any acts which Mortgagee deems reasonably proper to protect the security thereof and thereof; (f) either with or without taking possession of the Property, in its own name xxx sue for or otherwise collect and receive such Rents, including those past due and unpaid; and (g) upon written demand, collect the Rents pursuant to Section 697.07, Florida Statutes. In connection with the foregoing, Mortgagee shall be entitled and empowered to employ attorneys, and management, rental and other agents in and about the Property and to effect the matters which Mortgagee is empowered to do, and in the event Mortgagee shall itself effect such matters, Mortgagee shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee or such persons shall be additional Secured Obligations. Mortgagee may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys’ ' and agents’ ' fees, charges, costs and expenses, as aforesaid, upon any Secured Obligations, and in such order as Mortgagee may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default or waive, modify or affect notice of default under the Note or this Mortgage or invalidate any act done pursuant to such notice.
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Collection of Rents. Upon the occurrence of an Event of Default, the license granted to Grantor to collect the Rents shall be automatically and immediately revoked, without further notice to or at demand upon Grantor. Administrative Agent may, but shall not be obligated to, perform any time or all obligations of the landlord under any or all of the Leases, and Administrative Agent may, but shall not be obligated to, exercise and enforce any or all of Grantor’s rights under the Leases. Without limitation to the generality of the foregoing, Administrative Agent may notify the tenants under the Leases that all Rents are to be paid to Administrative Agent, and following such notice all Rents shall be paid directly to Administrative Agent and not to Grantor or any other Person other than as directed by Administrative Agent, it being understood that a demand by 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 Administrative Agent without the necessity of further consent by Grantor. Grantor hereby irrevocably authorizes and directs the tenants under the Leases to pay all Rents to Administrative Agent instead of to Grantor, upon receipt of written notice from Administrative Agent, without the necessity of any inquiry of Grantor and without the necessity of determining the existence or non-existence of an Event of Default. Grantor hereby appoints Administrative Agent as Grantor’s attorney-in-fact with full power of substitution, which appointment shall be effective upon the occurrence of an Event of Default existsand is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, Mortgagee may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether in Grantor’s name or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, Administrative Agent’s name: (a) enter upon, take possession of, manage to endorse all checks and operate other instruments received in payment of Rents and to deposit the Property, or same in any part thereof (including without limitation making necessary repairs, alterations and improvements to the Property)account selected by Administrative Agent; (b) make, cancel, enforce or modify Leases (to give receipts and any guaranties thereof)releases in relation thereto; (c) obtain and evict tenantsto institute, prosecute and/or settle actions for the recovery of Rents; (d) fix or to modify Rentsthe 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 any all other acts and things with respect to the Leases and Rents which Mortgagee deems reasonably proper Administrative Agent may deem necessary or desirable to protect the security thereof and (f) either with or without taking possession of for the Property, Obligations. Any Rents received shall be applied in its own name xxx for or otherwise collect and receive such Rents, including those past due and unpaid. In connection accordance with the foregoingterms of sub-section (b), Mortgagee shall be entitled and empowered to employ attorneys, and management, rental and other agents in and about the Property and to effect the matters which Mortgagee is empowered to do, and in the event Mortgagee shall itself effect such matters, Mortgagee shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee or such persons shall be additional Secured Obligations. Mortgagee may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys’ and agents’ fees, charges, costs and expenses, as aforesaid, upon any Secured Obligations, and in such order as Mortgagee may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default or waive, modify or affect notice of default under the Note or this Mortgage or invalidate any act done pursuant to such noticeabove.
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Samples: Deed to Secure Debt, Assignment, Security Agreement and Fixture Filing
Collection of Rents. Upon or at any time that after an Event of Default existsshall have occurred and be continuing, Mortgagee may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, (a) enter upon, take possession of, manage and operate the Property, or any part thereof (including without limitation making necessary repairs, alterations and improvements to the Property); (b) make, cancel, enforce or modify Leases (and any guaranties thereof)Leases; (c) obtain and evict tenants; (d) fix or modify Rents; (e) do any acts which Mortgagee deems reasonably proper to protect the security thereof thereof; and (f) either with or without taking possession of the Property, in its own name xxx sue for or otherwise collect and receive such Rents, including those past xxxt due and unpaid. In connection with the foregoing, Mortgagee shall be entitled and empowered to employ attorneys, and management, rental and other agents in and about the Property and to effect the matters which Mortgagee is empowered to do, and in the event Mortgagee shall itself effect such matters, Mortgagee shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary for comparable properties in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee or such persons shall be additional Secured Obligations. Mortgagee may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys’ ' and agents’ ' fees, charges, costs and expenses, as aforesaid, upon any Secured Obligations, and in such order as Mortgagee may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default or waive, modify or affect notice of default under the Note or this Mortgage or invalidate any act done pursuant to So such notice.
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Collection of Rents. Upon or at any time that after an Event of Default existsshall have occurred and be continuing, Mortgagee may declare all sums secured hereby immediately due and payable, and may, at its option, without notice, and whether or not the Secured Obligations shall have been declared due and payable, either in person or by agent, with or without bringing any action or proceeding, or by a receiver to be appointed by a court, (a) enter upon, take possession of, manage and operate the Property, or any part thereof (including without limitation making necessary repairs, alterations and improvements to the Property); (b) make, cancel, enforce or modify Leases (and any guaranties thereof)Leases; (c) obtain and evict tenants; (d) fix or modify Rents; (e) do any acts which Mortgagee deems reasonably proper to protect the security thereof and thereof; (f) either with or without taking possession of the Property, in its own name xxx for or otherwise collect and receive such Rents, including those past due and unpaid; and (g) upon written demand, collect the Rents pursuant to Section 697.07, Florida Statutes. In connection with the foregoing, Mortgagee shall be entitled and empowered to employ attorneys, and management, rental and other agents in and about the Property and to effect the matters which Mortgagee is empowered to do, and in the event Mortgagee shall itself effect such matters, Mortgagee shall be entitled to charge and receive reasonable management, rental and other fees therefor as may be customary in the area in which the Property is located; and the reasonable fees, charges, costs and expenses of Mortgagee or such persons shall be additional Secured Obligations. Mortgagee may apply all funds collected as aforesaid, less costs and expenses of operation and collection, including reasonable attorneys’ ' and agents’ ' fees, charges, costs and expenses, as aforesaid, upon any Secured Obligations, and in such order as Mortgagee may determine. The entering upon and taking possession of the Property, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default or waive, modify or affect notice of default under the Note Non-Recourse Guaranty Agreement or this Mortgage or invalidate any act done pursuant to such notice.
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