Common use of Collection Upon Default Clause in Contracts

Collection Upon Default. While any Event of Default remains uncured, Beneficiary may, at any time without notice, either in person, by agent or by a receiver appointed by a court, and without regard to the adequacy of any security for the Obligations hereby secured, enter upon and take possession of the Security, or any part thereof, and, with or without taking possession of the Security or any part thereof, in its own name sue for or otherwise collect such Rents (including those past due and unpaid, and all prepaid Rents and all other monies which may have been or may hereafter be deposited with Trustor by any tenant to secure the payment of any Rent or for any services thereafter to be rendered by Trustor for any other obligation of any tenant to Trustor arising under any lease, and Trustor agrees that, upon the occurrence of any Event or Default hereunder, Trustor shall promptly deliver all Rents and other moneys to Beneficiary), and Beneficiary may apply the same, less costs and expenses of operation and collection, including, without limitation, attorneys fees, whether or not suit is brought or prosecuted to judgment, against any indebtedness or Obligation of Trustor secured hereby, and in such order as Beneficiary may determine notwithstanding that said indebtedness or the performance of said Obligation may not then be due. The collection of Rents, or the entering upon and taking possession of the Security, or the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done in response to such default or pursuant to such notice of default or be deemed or construed to make Beneficiary a mortgagee-in-possession of the Security or any portion thereof.

Collection Upon Default. While any Upon the occurrence of an Event of Default remains uncuredhereunder, Trustor’s license to collect the Rents shall automatically terminate and Beneficiary may, at any time without notice, either in person, by agent or by a receiver appointed by a court, and without regard to the adequacy of any security for the Obligations obligations hereby secured, enter upon and take possession of the SecurityProperty, or any part thereof, and, with or without taking possession of the Security Property or any part thereof, in its own name sue xxx for or otherwise collect such Rents (including those past due and unpaid, and all prepaid Rents and all other monies which may have been or may hereafter be deposited with Trustor by any lessee or tenant of Trustor to secure the payment of any Rent or for any services thereafter to be rendered by Trustor for or any other obligation of any tenant to Trustor arising under any lease, and Trustor agrees that, upon the occurrence of any Event or of Default hereunder, Trustor shall promptly deliver all Rents and other moneys monies to Beneficiary), and Beneficiary may apply the same, less costs and expenses of operation and collection, including, without limitation, attorneys attorneys’ fees, whether or not suit is brought or prosecuted to judgment, against upon any indebtedness or Obligation obligation of Trustor secured hereby, and in such order as Beneficiary may determine notwithstanding that said indebtedness or the performance of said Obligation obligation may not then be due. The collection of Rents, or the entering upon and taking possession of the SecurityProperty, or the application thereof of Rents as aforesaidprovided above, shall not cure or waive any default or notice of default hereunder or invalidate any act done performed in response to such default or pursuant to such notice of default or be deemed or construed to make Beneficiary a mortgagee-in-possession of the Security all or any portion thereofpart of the Property.

Collection Upon Default. While any Upon the occurrence of an Event of Default remains uncuredhereunder, Trustor’s license to collect the Rents shall automatically terminate and Beneficiary may, at any time without notice, either in person, by agent or by a receiver appointed by a court, and without regard to the adequacy of any security for the Obligations obligations hereby secured, enter upon and take possession of the SecurityProperty, or any part thereof, and, with or without taking possession of the Security Property or any part thereof, in its own name sue xxx for or otherwise collect such Rents (including those past due and unpaid, and all prepaid Rents and all other monies which may have been or may hereafter be deposited with Trustor by any lessee or tenant of Trustor to secure the payment of any Rent or for any services thereafter to be rendered by Trustor for or any other obligation of any tenant to Trustor arising under any lease, and Trustor agrees that, upon the occurrence of any Event or of Default hereunder, Trustor shall promptly deliver all Rents and other moneys monies to Beneficiary), and Beneficiary may apply the same, less costs and expenses of operation and collection, including, without limitation, attorneys attorneys’ fees, whether or not suit is brought or prosecuted to judgment, against upon any reasonable indebtedness or Obligation obligation of Trustor secured hereby, and in such order as Beneficiary may determine notwithstanding that said indebtedness or the performance of said Obligation obligation may not then be due. The collection of Rents, or the entering upon and taking possession of the SecurityProperty, or the application thereof of Rents as aforesaidprovided above, shall not cure or waive any default or notice of default hereunder or invalidate any act done performed in response to such default or pursuant to such notice of default or be deemed or construed to make Beneficiary a mortgagee-in-possession of the Security all or any portion thereofpart of the Property.

Collection Upon Default. While Beneficiary may, upon any Event of Default remains uncuredunder this Deed of Trust, Beneficiary may, and at any time thereafter without noticenotice unless such Event of Default has been cured to Beneficiary's satisfaction and Beneficiary has not elected to exercise its remedies in accordance with Article IV hereof, and either in person, by agent or by a receiver appointed by a the court, and without regard to the adequacy of any security for the Obligations Indebtedness hereby secured, enter upon and take possession of the SecurityMortgaged Property, or any part thereof. Upon any Event of Default, and, with or without taking possession of the Security or any part thereofBeneficiary may, in its own name name, sue for or otherwise collect such Rents (rents, issues, and profits, including those past due and unpaid, and all prepaid Rents and all other monies which may have been or may hereafter be deposited with Trustor by any tenant to secure the payment of any Rent or for any services thereafter to be rendered by Trustor for any other obligation of any tenant to Trustor arising under any lease, and Trustor agrees that, upon the occurrence of any Event or Default hereunder, Trustor shall promptly deliver all Rents and other moneys to Beneficiary), and Beneficiary may apply the same, same less costs and expenses of operation and collection, includingincluding litigation expenses, without limitationcourt costs, attorneys costs of suit, cost of an abstract of title and other title evidence and attorneys' fees, whether or not suit is brought or prosecuted to judgmentand paralegal charges, against including all appellate proceedings and disbursements, upon any indebtedness or Obligation of Trustor Indebtedness secured hereby, hereby and in such order as Beneficiary may determine notwithstanding that said indebtedness or the performance of said Obligation may not then be duedetermine. The collection of Rentssuch rents, issues and profits or the entering upon and taking possession of the SecurityMortgaged Property, or the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done in response to such default or pursuant to such notice of default default, or be deemed otherwise invalidate, impair, nullify, waive or construed to make extinguish the rights and protections afforded Beneficiary a mortgagee-in-possession under the other provisions of this Deed of Trust or the provisions of any of the Security or any portion thereofother Loan Documents. Furthermore, upon the occurrence of an Event of Default, Beneficiary may apply for a court order requiring Grantor to deposit all rents in the court registry. Grantor hereby consents to entry of such an order upon the sworn ex parse motion of Beneficiary that an Event of Default has occurred hereunder.

Collection Upon Default. While any Upon the occurrence of an Event of Default remains uncuredhereunder, Trustor’s license to collect the Rents shall automatically terminate and Beneficiary may, at any time without notice, either in person, by agent or by a receiver appointed by a court, and without regard to the adequacy of any security for the Obligations obligations hereby secured, enter upon and take possession of the SecurityProperty, or any part thereof, and, with or without taking possession of the Security Property or any part thereof, in its own name sue for or otherwise collect such Rents (including those past due and unpaid, and all prepaid Rents and all other monies which may have been or may hereafter be deposited with Trustor by any lessee or tenant of Trustor to secure the payment of any Rent or for any services thereafter to be rendered by Trustor for or any other obligation of any tenant to Trustor arising under any lease, and Trustor agrees that, upon the occurrence of any Event or of Default hereunder, Trustor shall promptly deliver all Rents and other moneys monies to Beneficiary), and Beneficiary may apply the same, less costs and expenses of operation and collection, including, without limitation, attorneys attorneys’ fees, whether or not suit is brought or prosecuted to judgment, against upon any indebtedness or Obligation obligation of Trustor secured hereby, and in such order as Beneficiary may determine notwithstanding that said indebtedness or the performance of said Obligation obligation may not then be due. The collection of Rents, or the entering upon and taking possession of the SecurityProperty, or the application thereof of Rents as aforesaidprovided above, shall not cure or waive any default or notice of default hereunder or invalidate any act done performed in response to such default or pursuant to such notice of default or be deemed or construed to make Beneficiary a mortgagee-in-possession of the Security all or any portion thereofpart of the Property.

Collection Upon Default. While any To the extent permitted by law, upon the occurrence of an Event of Default remains uncuredhereunder, Beneficiary may, at any time without notice, either in person, by agent agent, or by a receiver appointed by a court, and without regard to the adequacy of any security for the Obligations hereby securedSecured Obligations, enter upon and take possession of the SecurityProperty, or any part thereof, and, with or without taking possession of the Security Property or any part portion thereof, in its own name sue for xxx or otherwise collect such Rents (including those past due and unpaid, and all prepaid Rents rents and all other monies which may have been or may hereafter be deposited with Trustor by any lessee or tenant of Trustor to secure the payment of any Rent rent or for any services thereafter to be rendered by Trustor for any other obligation of any tenant to Trustor arising under any lease, and Trustor agrees that, upon the occurrence of any Event or of Default hereunder, Trustor upon the request of Beneficiary shall promptly deliver all such Rents and other moneys monies to Beneficiary), and Beneficiary may apply the same, less reasonable costs and expenses of operation and collection, including, without limitationbut not limited to, attorneys feesattorneys' fees and expenses, whether or not suit is brought or prosecuted to judgment, against upon any indebtedness or Obligation of Trustor secured herebythe Secured Obligations, and in such order as Beneficiary may determine notwithstanding that said indebtedness Secured Obligation or the performance of said Secured Obligation may not then be due. The collection of such Rents, or the entering upon and taking possession of the SecurityProperty, or the application thereof as aforesaid, shall not cure or waive any default or default, notice of default or Event of Default hereunder or invalidate any act done in response to such default or Event of Default or pursuant to such notice of default or and shall not be deemed or construed to make Beneficiary a mortgagee-in-possession of the Security Property or any portion thereof.

Collection Upon Default. While any Upon the occurrence of an Event of Default remains uncuredDefault, Beneficiary Grantee may, at any time without notice, either in person, by agent or by a receiver appointed by a court, and without regard to the adequacy of any security for the Obligations indebtedness hereby secured, enter upon and take possession of the Security, or any part thereof, secured and, with or without taking possession of the Security Premises or any part thereof, portion thereof in its own name sue name, xxx for or otherwise collect such Rents (including those past due and unpaid, and all prepaid Rents and all other monies which may have been or may hereafter be deposited with Trustor by any tenant to secure the payment of any Rent or for any services thereafter to be rendered by Trustor for any other obligation of any tenant to Trustor arising under any lease, and Trustor agrees that, upon the occurrence of any Event or Default hereunder, Trustor shall promptly deliver all Rents and other moneys to Beneficiary), and Beneficiary may apply the same, less costs and expenses of operation and collection, including, without limitation, attorneys attorneys' fees, whether or not suit is brought or prosecuted to judgment, against upon any indebtedness or Obligation of Trustor Indebtedness secured hereby, and in such order as Beneficiary Grantee may determine notwithstanding that said indebtedness determine. A written demand by Grantee on any tenant for payment directly to Grantee of Rents due or to become due under any of the performance Leases shall be sufficient to warrant and require such tenant to make payments of said Obligation may not then such Rents and all future payments thereof directly to Grantee without any further consent of or reference to Grantor. Grantor hereby authorizes each such tenant to rely upon any such written demand by Grantee and after any such demand to pay all Rents to Grantee. Each such tenant shall be duefully protected from all claims by Grantor in making such payments to Grantee. Grantor hereby authorizes Grantee to give notice in writing of this assignment at any time to any tenant under any of the Leases. In order to collect such Rents, Grantee shall be entitled to notify any payor of such Rents, including without limitation, any tenant under any lease, to make such payments directly to Grantee. The collection of Rents, or the entering upon and taking possession of the Security, such Rents or the application thereof as aforesaid, aforesaid shall not cure or waive any default Potential Event of Default, Event of Default or notice of default hereunder or invalidate any act done in response to such default or pursuant to such notice of default or be deemed or construed to make Beneficiary a mortgagee-in-possession of the Security or any portion thereofdefault.

Collection Upon Default. While any Upon the occurrence of an Event of Default remains uncuredhereunder, Beneficiary may, at any time without notice, either in person, by agent or by a receiver appointed by a court, and without regard to the adequacy of any security for the Obligations obligations hereby secured, enter upon and take possession of the SecurityCollateral, or any part thereof, and, with or without taking possession of the Security Collateral or any part thereof, in its own name sue for or otherwise collect such Rents (including those past due and unpaid, and all prepaid Rents and all other monies which may have been or may hereafter be deposited with Trustor by any lessee or tenant of Trustor to secure the payment of any Rent or for any services thereafter to be rendered by Trustor for any other obligation of any tenant to Trustor arising under any lease, and Trustor agrees that, upon the occurrence of any Event or of Default hereunder, Trustor shall promptly deliver all Rents and other moneys monies to Beneficiary), and Beneficiary may apply the same, less costs and expenses of operation and collection, including, without limitation, attorneys reasonable attorneys’ fees, whether or not suit is brought or prosecuted to judgment, against upon any indebtedness or Obligation obligation of Trustor secured hereby, and in such order as Beneficiary may determine notwithstanding that said indebtedness or the performance of said Obligation obligation may not then be due. The collection of Rents, or the entering upon and taking possession of the SecurityCollateral, or the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done in response to such default or pursuant to such notice of default or be deemed or construed to make Beneficiary a mortgagee-in-possession of the Security Collateral or any portion thereof.

Collection Upon Default. While any Upon the occurrence of an Event of Default remains uncuredhereunder, Beneficiary Mortgagee may, at any time without notice, either in person, by agent or by a receiver appointed by a court, and without regard to the adequacy of any security for the Obligations hereby securedSecured Obligations, enter upon and take possession of the SecurityMortgage Estate, or any part thereof, and, with or without taking possession of the Security Mortgage Estate or any part thereof, in its own name sue for xxx or otherwise collect such Rents (the Rents, including those past due and unpaid, ; and all prepaid Rents and all other monies moneys which may have been or may hereafter be deposited with Trustor Mortgagor by any lessee or tenant of Mortgagor to secure the payment of any Rent rent or for any services thereafter to be rendered by Trustor Mortgagor or for any other obligation of any tenant to Trustor Mortgagor arising under any lease, and Trustor agrees that, upon Lease. Upon the occurrence of any Event or Default hereunderof Default, Trustor Mortgagor shall promptly deliver all such Rents and other moneys to Beneficiary)Mortgagee, and Beneficiary Mortgagee may apply the same, less costs and expenses of operation and collection, including, without limitation, attorneys feescollection (including reasonable attorneys' fees and costs, whether or not suit is brought or prosecuted to judgment), against upon any indebtedness or Obligation of Trustor secured herebythe Secured Obligations, and in such order as Beneficiary Mortgagee may determine determine, notwithstanding that said indebtedness or the performance of said Obligation obligation may not then be duedue and payable. The collection of the Rents, or the entering upon and taking possession of the SecurityMortgage Estate, or the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder hereunder, or invalidate any act done in response to such default or pursuant to such notice of default default, or be deemed or construed to make Beneficiary Mortgagee a mortgagee-in-possession of the Security Mortgage Estate or any portion thereof.

Collection Upon Default. While any Upon the occurrence of an Event of Default remains uncuredhereunder, Beneficiary Mortgagee may, at any time without notice, either in person, by agent or by a receiver appointed by a court, and without regard to the adequacy of any security for the Obligations hereby securedSecured Obligations, enter upon and take possession of the SecurityMortgage Estate, or any part thereof, and, with or without taking possession of the Security Mortgage Estate or any part thereof, in its own name sue xxx for or otherwise collect such Rents (the Rents, including those past due and unpaid, ; and all prepaid Rents and all other monies moneys which may have been or may hereafter be deposited with Trustor Mortgagor by any lessee or tenant of Mortgagor to secure the payment of any Rent rent or for any services thereafter to be rendered by Trustor Mortgagor or for any other obligation of any tenant to Trustor Mortgagor arising under any lease, and Trustor agrees that, upon lease which is part of the Mortgage Estate. Upon the occurrence of any Event or Default hereunderof Default, Trustor Mortgagor shall promptly deliver all such Rents and other moneys to Beneficiary)Mortgagee, and Beneficiary Mortgagee may apply the same, less costs and expenses of operation and collection, including, without limitation, attorneys feescollection (including reasonable attorneys' fees and costs, whether or not suit is brought or prosecuted to judgment), against upon any indebtedness or Obligation of Trustor secured herebythe Secured Obligations, and in such order as Beneficiary Mortgagee may determine determine, notwithstanding that said indebtedness or the performance of said Obligation obligation may not then be duedue and payable. The collection of the Rents, or the entering upon and taking possession of the SecurityMortgage Estate, or the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder hereunder, or invalidate any act done in response to such default or pursuant to such notice of default default, or be deemed or construed to make Beneficiary Mortgagee a mortgagee-mortgagee- in-possession of the Security Mortgage Estate or any portion thereof.

Collection Upon Default. While To the extent permitted by law, upon the occurrence of any Event Default, the right of Default remains uncured, Beneficiary the Mortgagor to collect and receive Rents shall be automatically revoked and the Mortgagee may, at any time without notice, either in person, by agent or by a receiver appointed by a court, and without regard to the adequacy of any security for the Obligations hereby securedor the solvency of the Mortgagor, enter upon and take possession of the SecurityProperty, or any part thereof, and, with or without taking possession of the Security Improvements and Fixtures or any part thereof, in its own name sue name, xxx for or otherwise collect such Rents (including those past due and unpaid, and all prepaid Rents and all other monies which may have been or may hereafter be deposited with Trustor by any tenant and, subject to secure the payment applicable provisions of any Rent or for any services thereafter to be rendered by Trustor for any other obligation of any tenant to Trustor arising under any leasethe Indenture, and Trustor agrees that, upon the occurrence of any Event or Default hereunder, Trustor shall promptly deliver all Rents and other moneys to Beneficiary), and Beneficiary may apply the same, less costs and expenses of operation and collection, includingincluding attorneys' fees and disbursements, without limitation, attorneys fees, whether or not suit is brought or prosecuted to judgment, against any indebtedness or Obligation the payment of Trustor secured herebythe Obligations as provided in paragraph (a) of Section 4.02, and in such order as Beneficiary the Mortgagee may determine notwithstanding determine. Upon the occurrence of any Default and during the continuance thereof, the Mortgagor shall promptly pay to the Mortgagee (i) all rent prepayments and security or other deposits paid to the Mortgagor pursuant to any Lease assigned hereunder and (ii) all charges for services or facilities or for escalation that said indebtedness or were paid pursuant to any such Lease to the performance extent allocable to any period from and after the occurrence of said Obligation may not then be duesuch Default. The collection of Rents, Rents or the entering upon and taking possession of the SecurityProperty, Improvements or Fixtures or any part thereof, or the application thereof as aforesaid, shall not cure or waive any default Default or notice of default hereunder thereof or invalidate any act done in response to such default Default or pursuant to such notice of default or thereof. Nothing contained in this Section 2.02 shall be deemed or construed to make Beneficiary a mortgagee-in-possession bind the Mortgagee to the performance of any of the Security covenants, conditions or provisions contained in any portion thereofLease or otherwise to impose any obligation on the Mortgagee prior to accepting receipt of such Rent (including liability under the covenant of quiet enjoyment contained in any Lease or under any applicable law in the event that any tenant shall have been joined as a party defendant in any action to foreclose this Mortgage and shall have been barred and foreclosed thereby of all right, title and interest and equity of redemption in the Mortgage Estate), except that the Mortgagee shall be accountable for any money actually received pursuant to such assignment. The Mortgagor hereby further grants to the Mortgagee the right, after the occurrence of a Default, to notify the tenant under any Lease of the assignment thereof and to demand that the tenant under any Lease pay all amounts due thereunder directly to the Mortgagee or its designee.