Common use of Confession of Judgment in Ejectment Clause in Contracts

Confession of Judgment in Ejectment. THE FOLLOWING PARAGRAPH WAIVES THE RIGHT TO HAVE PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE CONSTITUTION AND LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA PRIOR TO THE ENTRY OF JUDGMENT FOR POSSESSION OF THE REAL PROPERTY SECURED BY THIS MORTGAGE: MORTGAGOR, FOR THE PURPOSE OF SECURING POSSESSION OF THE MORTGAGED PROPERTY TO MORTGAGEE IN THE EVENT OF ANY ACTIONABLE DEFAULT HEREUNDER, DOES HEREBY AUTHORIZE AND EMPOWER ANY ATTORNEY OF ANY COURT OF RECORD IN THE COMMONWEALTH OF PENNSYLVANIA, AS ATTORNEY FOR MORTGAGOR AS WELL AS FOR ALL PERSONS CLAIMING UNDER, BY OR THROUGH MORTGAGOR, TO COMMENCE AN ACTION IN EJECTMENT FOR POSSESSION OF THE MORTGAGED PROPERTY WITHOUT ANY STAY OF EXECUTION OR APPEAL, AGAINST MORTGAGOR, AND THEREIN TO CONFESS JUDGMENT FOR THE RECOVERY BY MORTGAGEE OF THE POSSESSION OF THE MORTGAGED PROPERTY FOR WHICH THIS MORTGAGE (OR A COPY THEREOF VERIFIED BY AFFIDAVIT) SHALL BE SUFFICIENT WARRANT, AND THEREUPON A WRIT OF POSSESSION MAY BE ISSUED FORTHWITH, WITHOUT ANY PRIOR WRIT, FORECLOSURE OR PROCEEDING WHATSOEVER. MORTGAGOR HEREBY RELEASES AND AGREES TO RELEASE MORTGAGEE FROM ALL ERRORS AND DEFECTS WHATSOEVER IN CONNECTION WITH SUCH JUDGMENT IN CAUSING A WRIT OR WRIT TO BE ISSUED, AND IN ANY PROCEEDINGS THEREON ON CONCERNING THE SAME. MORTGAGE AGREES THAT NO WRIT, ERROR, APPEAL OR OBJECTION SHALL BE MADE OR TAKEN THERETO, PROVIDED THAT MORTGAGEE SHALL HAVE FILED IN SUCH ACTION AN AFFIDAVIT OF DEFAULT MADE BY IT OR SOMEONE ON ITS BEHALF. IT IS HEREBY EXPRESSLY AGREED THAT IF FOR ANY REASON AFTER SUCH ACTION HAS BEEN COMMENCED, THE SAME SHALL BE DISCONTINUED, MARKED SATISFIED OF RECORD, OR DETERMINED, OR POSSESSION OF THE MORTGAGED PROPERTY SHALL REMAIN IN OR TO BE RESTORED TO MORTGAGOR, THE RIGHTS AND POWERS OF MORTGAGEE SHALL NOT BE DEEMED TO HAVE BEEN EXHAUSTED BY ANY SUCH ACTION, BUT MORTGAGEE SHALL HAVE THE SAME RIGHTS AS AFORESAID, FOR THE SAME ACTIONABLE DEFAULT, OR FOR ANY SUBSEQUENT EVENT OR EVENTS OF DEFAULT TO CONFESS JUDGMENT AND TO BRING ONE OR MORE FURTHER ACTIONS TO RECOVER POSSESSION OF THE MORTGAGED PROPERTY. IN ANY SUCH ACTION, A COPY OF THIS MORTGAGE, VERIFIED BY AFFIDAVIT BY SOMEONE ON BEHALF OF MORTGAGEE MAY BE FILED, IN WHICH EVENT IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL AS A WARRANT OF ATTORNEY, ANY LAW OR RULE OF COURT TO THE CONTRARY NOTWITHSTANDING. THE RIGHT SET FORTH HEREIN SHALL NOT MERGE WITH ANY JUDGMENT OBTAINED ON THE SECURED DEBT. MORTGAGEE MAY COMMENCE AN ACTION IN EJECTMENT FOR POSSESSION OF THE PREMISES BEFORE OR AFTER THE INSTITUTION OF FORECLOSURE PROCEEDINGS UPON THIS MORTGAGE, OR BEFORE OR AFTER JUDGMENT FOR ANY PORTION OF THE SECURED DEBT, OR BEFORE OR AFTER A SALE OF THE PREMISES BY THE SHERIFF, MARSHAL, CONSTABLE OR OTHER PROPER LEGAL OFFICER. Mortgagor’s Initials

Appears in 4 contracts

Samples: Joinder and Assumption Agreement (CONSOL Energy Inc), Credit Agreement (CONSOL Energy Inc), Security Agreement (Consol Energy Inc)

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Confession of Judgment in Ejectment. AFTER AT LEAST TEN (10) DAYS' PRIOR WRITTEN NOTICE FROM LANDLORD OF LANDLORD'S INTENTION TO CONFESS JUDGMENT IN EJECTMENT, INCLUDING COPIES OF PLEADINGS TO BE FILED IN ANY SUCH EJECTMENT ACTION, TENANT, FULLY COMPREHENDING THE FOLLOWING PARAGRAPH WAIVES THE RIGHT TO HAVE PRIOR RELINQUISHMENT OF CERTAIN RIGHTS INCLUDING, WITHOUT LIMITATION, RIGHTS OF PREJUDGMENT NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE CONSTITUTION AND LAWS OF THE UNITED STATES POST-JUDGMENT NOTICE AND THE COMMONWEALTH OF PENNSYLVANIA PRIOR TO THE ENTRY OF JUDGMENT FOR POSSESSION OF THE REAL PROPERTY SECURED BY THIS MORTGAGE: MORTGAGORHEARING BEFORE EXECUTION, FOR THE PURPOSE OF SECURING POSSESSION OF THE MORTGAGED PROPERTY TO MORTGAGEE IN THE EVENT OF ANY ACTIONABLE DEFAULT HEREUNDER, DOES HEREBY AUTHORIZE AUTHORIZES AND EMPOWER EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD IN WITHIN THE COMMONWEALTH OF PENNSYLVANIAUNITED STATES, AS ATTORNEY TO APPEAR FOR MORTGAGOR AS WELL AS TENANT, AND FOR ALL PERSONS ANY OTHER PERSON CLAIMING UNDER, BY OR THROUGH MORTGAGORTENANT, TO COMMENCE AN ACTION AND CONFESS JUDGMENT IN EJECTMENT FORTHWITH AGAINST TENANT AND SUCH OTHER PERSON AND IN FAVOR OF LANDLORD, ITS SUCCESSORS AND ASSIGNS, FOR POSSESSION OF THE MORTGAGED PROPERTY WITHOUT ANY LEASED PREMISES, TOGETHER WITH HEREDITAMENTS AND APPURTENANCES AND ALL FIXTURES AND EQUIPMENT INSTALLED THEREIN, WITH RELEASE OF ALL ERRORS, WAIVER OF STAY OF EXECUTION OR APPEAL, AGAINST MORTGAGOREXECUTION, AND THEREIN TO CONFESS JUDGMENT FOR THE RECOVERY WAIVER OF EXEMPTION BY MORTGAGEE LOT B TENANT. NO SINGLE EXERCISE OF THE POSSESSION OF THE MORTGAGED PROPERTY FOR WHICH THIS MORTGAGE (OR A COPY THEREOF VERIFIED BY AFFIDAVIT) SHALL BE SUFFICIENT WARRANT, AND THEREUPON A WRIT OF POSSESSION MAY BE ISSUED FORTHWITH, WITHOUT ANY PRIOR WRIT, FORECLOSURE OR PROCEEDING WHATSOEVER. MORTGAGOR HEREBY RELEASES AND AGREES TO RELEASE MORTGAGEE FROM ALL ERRORS AND DEFECTS WHATSOEVER IN CONNECTION WITH SUCH JUDGMENT IN CAUSING A WRIT OR WRIT TO BE ISSUED, AND IN ANY PROCEEDINGS THEREON ON CONCERNING THE SAME. MORTGAGE AGREES THAT NO WRIT, ERROR, APPEAL OR OBJECTION SHALL BE MADE OR TAKEN THERETO, PROVIDED THAT MORTGAGEE SHALL HAVE FILED IN SUCH ACTION AN AFFIDAVIT OF DEFAULT MADE BY IT OR SOMEONE ON ITS BEHALF. IT IS HEREBY EXPRESSLY AGREED THAT IF FOR ANY REASON AFTER SUCH ACTION HAS BEEN COMMENCED, THE SAME SHALL BE DISCONTINUED, MARKED SATISFIED OF RECORD, OR DETERMINED, OR POSSESSION OF THE MORTGAGED PROPERTY SHALL REMAIN IN OR TO BE RESTORED TO MORTGAGOR, THE RIGHTS FOREGOING WARRANTS AND POWERS OF MORTGAGEE ATTORNEY SHALL NOT BE HAVE BEEN DEEMED TO HAVE BEEN EXHAUSTED EXHAUST SUCH WARRANTS AND POWERS, WHETHER OR NOT SUCH EXERCISE SHALL BE HELD BY ANY SUCH ACTIONCOURT TO BE INVALID, BUT MORTGAGEE VOIDABLE OR VOID, BY THE WARRANTS AND POWERS SHALL HAVE THE SAME RIGHTS CONTINUE UNDIMINISHED AND MAY BE EXERCISED FROM TIME TO TIME AS AFORESAID, FOR THE SAME ACTIONABLE DEFAULTOFTEN AS LANDLORD, OR FOR ANY SUBSEQUENT EVENT OR EVENTS ITS SUCCESSORS AND ASSIGNS SHALL ELECT UPON THE OCCURRENCE OF A DEFAULT TO CONFESS JUDGMENT UNDER THIS LEASE. TENANT CONFIRMS THAT THIS IS A COMMERCIAL LEASE, THAT TENANT WAS REPRESENTED BY COUNSEL IN TENANT'S NEGOTIATION AND TO BRING ONE OR MORE FURTHER ACTIONS TO RECOVER POSSESSION OF THE MORTGAGED PROPERTY. IN ANY SUCH ACTION, A COPY EXECUTION OF THIS MORTGAGELEASE, VERIFIED BY AFFIDAVIT BY SOMEONE ON BEHALF OF MORTGAGEE MAY BE FILED, IN WHICH EVENT IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL AND THAT TENANT FREELY AND VOLUNTARILY EXECUTED THIS LEASE WITH THIS PARAGRAPH 13.4 AS A WARRANT OF ATTORNEY, ANY LAW OR RULE OF COURT TO THE CONTRARY NOTWITHSTANDING. THE RIGHT SET FORTH HEREIN SHALL NOT MERGE WITH ANY JUDGMENT OBTAINED ON THE SECURED DEBT. MORTGAGEE MAY COMMENCE AN ACTION IN EJECTMENT FOR POSSESSION OF THE PREMISES BEFORE OR AFTER THE INSTITUTION OF FORECLOSURE PROCEEDINGS UPON THIS MORTGAGE, OR BEFORE OR AFTER JUDGMENT FOR ANY PORTION OF THE SECURED DEBT, OR BEFORE OR AFTER A SALE OF THE PREMISES BY THE SHERIFF, MARSHAL, CONSTABLE OR OTHER PROPER LEGAL OFFICER. Mortgagor’s InitialsPART THEREOF.

Appears in 1 contract

Samples: Lease Agreement (Corporate Office Properties Trust Inc)

Confession of Judgment in Ejectment. AT ANY TIME AFTER THE FOLLOWING PARAGRAPH WAIVES OCCURRENCE AND DURING THE CONTINUANCE OF AN EVENT OF DEFAULT, WITHOUT FURTHER NOTICE, REGARDLESS OF WHETHER THE MORTGAGEE HAS ASSERTED ANY OTHER RIGHT TO HAVE PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING OR EXERCISED ANY OTHER REMEDY UNDER THE CONSTITUTION AND LAWS THIS MORTGAGE OR ANY OF THE UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA PRIOR TO THE ENTRY OF JUDGMENT OTHER LOAN DOCUMENTS, IT SHALL BE LAWFUL FOR POSSESSION OF THE REAL PROPERTY SECURED BY THIS MORTGAGE: MORTGAGOR, FOR THE PURPOSE OF SECURING POSSESSION OF THE MORTGAGED PROPERTY TO MORTGAGEE IN THE EVENT OF ANY ACTIONABLE DEFAULT HEREUNDER, DOES HEREBY AUTHORIZE AND EMPOWER ANY ATTORNEY OF ANY COURT OF RECORD IN THE COMMONWEALTH OF PENNSYLVANIA, AS ATTORNEY FOR THE MORTGAGOR AS WELL AS FOR TO CONFESS JUDGMENT IN EJECTMENT AGAINST THE MORTGAGOR AND ALL PERSONS CLAIMING UNDER, BY OR THROUGH MORTGAGOR, TO COMMENCE AN ACTION IN EJECTMENT FOR POSSESSION OF UNDER THE MORTGAGED PROPERTY WITHOUT ANY STAY OF EXECUTION OR APPEAL, AGAINST MORTGAGOR, AND THEREIN TO CONFESS JUDGMENT MORTGAGOR FOR THE RECOVERY BY THE MORTGAGEE OF THE POSSESSION OF ALL OR ANY PART OF THE MORTGAGED PROPERTY PROPERTY, FOR WHICH THIS MORTGAGE (OR A COPY THEREOF VERIFIED BY AFFIDAVIT) SHALL BE SUFFICIENT WARRANT, AND THEREUPON A WRIT OF POSSESSION MAY BE ISSUED FORTHWITH, WITHOUT ANY PRIOR WRIT, FORECLOSURE OR PROCEEDING WHATSOEVER. MORTGAGOR HEREBY RELEASES AND AGREES TO RELEASE MORTGAGEE FROM ALL ERRORS AND DEFECTS WHATSOEVER IN CONNECTION WITH SUCH JUDGMENT IN CAUSING A WRIT OR WRIT TO BE ISSUED, AND IN ANY PROCEEDINGS THEREON ON CONCERNING THE SAME. MORTGAGE AGREES THAT NO WRIT, ERROR, APPEAL OR OBJECTION SHALL BE MADE OR TAKEN THERETO, PROVIDED THAT MORTGAGEE SHALL HAVE FILED IN SUCH ACTION AN AFFIDAVIT OF DEFAULT MADE BY IT OR SOMEONE ON ITS BEHALF. IT IS HEREBY EXPRESSLY AGREED THAT IF FOR ANY REASON AFTER SUCH ACTION HAS BEEN COMMENCED, SHALL HAVE COMMENCED THE SAME SHALL BE DISCONTINUED, MARKED SATISFIED OF RECORD, OR DETERMINED, OR DISCONTINUED AND THE POSSESSION OF THE MORTGAGED PROPERTY SHALL REMAIN IN OR TO BE RESTORED TO THE MORTGAGOR, THE RIGHTS AND POWERS OF MORTGAGEE SHALL NOT BE DEEMED TO HAVE BEEN EXHAUSTED BY ANY SUCH ACTION, BUT MORTGAGEE SHALL HAVE THE SAME RIGHTS AS AFORESAID, FOR THE SAME ACTIONABLE DEFAULT, OR FOR RIGHT UPON ANY SUBSEQUENT EVENT DEFAULT OR EVENTS OF DEFAULT TO CONFESS JUDGMENT AND DEFAULTS TO BRING ONE OR MORE FURTHER AMICABLE ACTION OR ACTIONS AS HEREINBEFORE SET FORTH TO RECOVER POSSESSION OF THE MORTGAGED PROPERTY. IN ALL OR ANY SUCH ACTION, A COPY OF THIS MORTGAGE, VERIFIED BY AFFIDAVIT BY SOMEONE ON BEHALF OF MORTGAGEE MAY BE FILED, IN WHICH EVENT IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL AS A WARRANT OF ATTORNEY, ANY LAW OR RULE OF COURT TO THE CONTRARY NOTWITHSTANDING. THE RIGHT SET FORTH HEREIN SHALL NOT MERGE WITH ANY JUDGMENT OBTAINED ON THE SECURED DEBT. MORTGAGEE MAY COMMENCE AN ACTION IN EJECTMENT FOR POSSESSION PART OF THE PREMISES BEFORE OR AFTER THE INSTITUTION OF FORECLOSURE PROCEEDINGS UPON THIS MORTGAGE, OR BEFORE OR AFTER JUDGMENT FOR ANY PORTION OF THE SECURED DEBT, OR BEFORE OR AFTER A SALE OF THE PREMISES BY THE SHERIFF, MARSHAL, CONSTABLE OR OTHER PROPER LEGAL OFFICER. Mortgagor’s InitialsPROPERTY.

Appears in 1 contract

Samples: Credit Agreement (West Pharmaceutical Services Inc)

Confession of Judgment in Ejectment. F&H HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS THE FOLLOWING PARAGRAPH WAIVES THE RIGHT TO HAVE PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE CONSTITUTION AND LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA PRIOR TO THE ENTRY OF JUDGMENT FOR POSSESSION OF THE REAL PROPERTY SECURED BY THIS MORTGAGE: MORTGAGORPROTHONOTARY, FOR THE PURPOSE OF SECURING POSSESSION OF THE MORTGAGED PROPERTY TO MORTGAGEE IN THE EVENT OF ANY ACTIONABLE DEFAULT HEREUNDER, DOES HEREBY AUTHORIZE AND EMPOWER CLERK OR ANY ATTORNEY OF ANY COURT OF RECORD IN OF THE COMMONWEALTH OF PENNSYLVANIAPENNSYLVANIA OR ELSEWHERE, AS ATTORNEY UPON THE OCCURRENCE OF AN EVENT OF DEFAULT, TO APPEAR FOR MORTGAGOR AND CONFESS JUDGMENT AGAINST F&H, AS WELL AS FOR AGAINST ALL PERSONS CLAIMING UNDER, BY OR THROUGH MORTGAGORF&H, TO COMMENCE AN ACTION AND IN EJECTMENT FAVOR OF AGENT, ITS SUCCESSORS OR ASSIGNS, AS OF ANY TERM, PAST, PRESENT OR FUTURE, WITH OR WITHOUT DECLARATION, FOR POSSESSION POSSESSION, CONTROL OR BOTH OF THE MORTGAGED PROPERTY PREMISES (AS DEFINED IN THE MORTGAGES), IMPROVEMENTS (AS DEFINED IN THE MORTGAGES) AND BUILDING EQUIPMENT (AS DEFINED IN THE MORTGAGES), WITHOUT THE NECESSITY OF FILING ANY BOND AND WITHOUT ANY STAY OF EXECUTION OR APPEAL. THIS INSTRUMENT, AGAINST MORTGAGOR, AND THEREIN TO CONFESS JUDGMENT FOR THE RECOVERY BY MORTGAGEE OF THE POSSESSION OF THE MORTGAGED PROPERTY FOR WHICH THIS MORTGAGE (OR A COPY THEREOF HEREOF VERIFIED BY AFFIDAVIT) , SHALL BE SUFFICIENT WARRANTWARRANT THEREFOR; WHEREUPON, APPROPRIATE PROCESS TO OBTAIN POSSESSION, CONTROL OR BOTH OF THE PREMISES, IMPROVEMENTS AND THEREUPON A WRIT OF POSSESSION BUILDING EQUIPMENT, INCLUDING LEVY AND EXECUTION, MAY BE ISSUED FORTHWITH, WITHOUT ANY PRIOR WRIT, FORECLOSURE WRIT OR PROCEEDING WHATSOEVER. MORTGAGOR F&H HEREBY RELEASES AND AGREES TO RELEASE MORTGAGEE AGENT AND SAID ATTORNEYS FROM ALL PROCEDURAL ERRORS AND DEFECTS WHATSOEVER IN CONNECTION WITH ENTERING SUCH JUDGMENT OR JUDGMENTS OR IN CAUSING A WRIT SUCH WRITS OR WRIT PROCESS TO BE ISSUED, AND ISSUED OR IN ANY PROCEEDINGS PROCEEDING THEREON ON OR CONCERNING THE SAME. MORTGAGE AGREES THAT NO WRIT, ERROR, APPEAL OR OBJECTION SHALL BE MADE OR TAKEN THERETO, PROVIDED THAT MORTGAGEE AGENT SHALL HAVE FILED IN SUCH ACTION OR ACTIONS AN AFFIDAVIT OF DEFAULT OR AFFIDAVITS MADE BY IT OR SOMEONE ON ITS BEHALFAGENT’S BEHALF SETTING FORTH THE FACTS NECESSARY TO AUTHORIZE THE ENTRY OF SUCH JUDGMENT OR JUDGMENTS ACCORDING TO THE TERMS OF THIS INSTRUMENT, OF WHICH FACTS SUCH AFFIDAVIT OR AFFIDAVITS SHALL BE PRIMA FACIE EVIDENCE. IT IS HEREBY EXPRESSLY AGREED THAT IF FOR ANY REASON AFTER ANY SUCH ACTION HAS OR ACTIONS HAVE BEEN COMMENCED, COMMENCED THE SAME SHALL BE DISCONTINUED, MARKED SATISFIED OF RECORD, RECORD OR DETERMINEDBE TERMINATED, OR POSSESSION OF THE MORTGAGED PROPERTY SHALL REMAIN PREMISES, IMPROVEMENTS OR BUILDING EQUIPMENT REMAINS IN OR TO BE IS RESTORED TO MORTGAGORF&H OR ANYONE CLAIMING UNDER, THE RIGHTS BY OR THROUGH F&H, AGENT MAY, WHENEVER AND POWERS OF MORTGAGEE SHALL NOT BE DEEMED TO HAVE BEEN EXHAUSTED BY ANY SUCH ACTION, BUT MORTGAGEE AS OFTEN AS AGENT SHALL HAVE THE SAME RIGHTS AS AFORESAIDRIGHT TO AGAIN TAKE POSSESSION OF THE PREMISES, FOR THE SAME ACTIONABLE DEFAULTIMPROVEMENTS AND BUILDING EQUIPMENT, OR FOR ANY SUBSEQUENT EVENT OR EVENTS OF DEFAULT TO CONFESS JUDGMENT AND TO BRING ONE OR MORE FURTHER ACTIONS CONFESSIONS IN THE MANNER SET FORTH HEREIN TO RECOVER POSSESSION OF THE MORTGAGED PROPERTY. IN ANY SUCH ACTIONPREMISES, A COPY OF THIS MORTGAGE, VERIFIED BY AFFIDAVIT BY SOMEONE ON BEHALF OF MORTGAGEE MAY BE FILED, IN WHICH EVENT IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL AS A WARRANT OF ATTORNEY, ANY LAW OR RULE OF COURT TO THE CONTRARY NOTWITHSTANDINGIMPROVEMENTS AND BUILDING EQUIPMENT. THE RIGHT SET FORTH HEREIN AUTHORITY AND POWER ABOVE GIVEN SHALL NOT MERGE WITH ANY JUDGMENT OBTAINED ON CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL FINAL PAYMENT IN FULL OF ALL SECURED INDEBTEDNESS (AS DEFINED IN THE SECURED DEBT. MORTGAGEE MAY COMMENCE AN ACTION IN EJECTMENT FOR POSSESSION OF THE PREMISES BEFORE OR AFTER THE INSTITUTION OF FORECLOSURE PROCEEDINGS UPON THIS MORTGAGE, OR BEFORE OR AFTER JUDGMENT FOR ANY PORTION OF THE SECURED DEBT, OR BEFORE OR AFTER A SALE OF THE PREMISES BY THE SHERIFF, MARSHAL, CONSTABLE OR OTHER PROPER LEGAL OFFICER. Mortgagor’s InitialsMORTGAGES).

Appears in 1 contract

Samples: Loan and Security Agreement (Buckeye Partners L P)

Confession of Judgment in Ejectment. SECTION 17.2 OF THE FOLLOWING PARAGRAPH PRIME LEASE PROVIDES FOR CONFESSION OF JUDGEMENT IN EJECTMENT AND THIS SUBLEASE PROVIDES SUBLESSOR WITH ALL RIGHTS AND REMEDIES OF LESSOR UNDER THE PRIME LEASE. IN CONNECTION THEREWITH, SUBLESSEE KNOWINGLY, VOLUNTARILY, AND INTENTIONSLLY WAIVES THE RIGHT ANDY AND ALL RIGHTS IT MAY HAVE TO HAVE PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE CONSTITUTION AND RESPECTIVE CONSTITUTIONS OF THE LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA. WITHOUT LIMITATION OF THE FOREGOING, SUBLESSEE HEREBY SPECIFICALLY WAIVES ALL RIGHTS SUBLESSE HAS OR MAY HAVE TO NOTICE AND OPPORTUNITY FOR A HEARING PRIOR TO THE ENTRY OF EXECUTION UPON ANY JUDGMENT FOR POSSESSION OF THE REAL PROPERTY SECURED CONFESSED AGAINT SUBLESSEE BY THIS MORTGAGE: MORTGAGORSULESSOR HEREUNDER. SUBLESSEE (I) CERTIFIES THAT NO REPRESENTATIVE, FOR THE PURPOSE OF SECURING POSSESSION OF THE MORTGAGED PROPERTY TO MORTGAGEE IN THE EVENT OF ANY ACTIONABLE DEFAULT HEREUNDER, DOES HEREBY AUTHORIZE AND EMPOWER ANY AGENT OR ATTORNEY OF ANY COURT OF RECORD IN THE COMMONWEALTH OF PENNSYLVANIA, AS ATTORNEY FOR MORTGAGOR AS WELL AS FOR ALL PERSONS CLAIMING UNDER, BY SUBLESSOR HAS REPRESENTED THAT SUBLESSOR WILL NOT SEEK TO EXERCISE OR THROUGH MORTGAGOR, TO COMMENCE AN ACTION IN EJECTMENT FOR POSSESSION OF THE MORTGAGED PROPERTY WITHOUT ANY STAY OF EXECUTION OR APPEAL, AGAINST MORTGAGOR, AND THEREIN ENFORCE ITS RIGHTS TO CONFESS JUDGMENT FOR THE RECOVERY BY MORTGAGEE OF THE POSSESSION OF THE MORTGAGED PROPERTY FOR WHICH THIS MORTGAGE (OR A COPY THEREOF VERIFIED BY AFFIDAVIT) SHALL BE SUFFICIENT WARRANTHEREUNDER, AND THEREUPON A WRIT (II) ACKNOWLEDGE THAT THE EXECUTION OF POSSESSION MAY BE ISSUED FORTHWITH, WITHOUT ANY PRIOR WRIT, FORECLOSURE OR PROCEEDING WHATSOEVER. MORTGAGOR HEREBY RELEASES AND AGREES TO RELEASE MORTGAGEE FROM ALL ERRORS AND DEFECTS WHATSOEVER IN CONNECTION WITH SUCH JUDGMENT IN CAUSING A WRIT OR WRIT TO BE ISSUED, AND IN ANY PROCEEDINGS THEREON ON CONCERNING THE SAME. MORTGAGE AGREES THAT NO WRIT, ERROR, APPEAL OR OBJECTION SHALL BE MADE OR TAKEN THERETO, PROVIDED THAT MORTGAGEE SHALL HAVE FILED IN SUCH ACTION AN AFFIDAVIT OF DEFAULT MADE THIS SUBLEASE BY IT OR SOMEONE ON ITS BEHALF. IT IS HEREBY EXPRESSLY AGREED THAT IF FOR ANY REASON AFTER SUCH ACTION SUBLESSOR HAS BEEN COMMENCEDMATERIALLY INDUCED BY, AMONG OTHER THINGS, THE SAME SHALL BE DISCONTINUED, MARKED SATISFIED INCLUSION IN THIS SUBLEASE OF RECORD, OR DETERMINED, OR POSSESSION OF THE MORTGAGED PROPERTY SHALL REMAIN IN OR TO BE RESTORED TO MORTGAGOR, THE RIGHTS AND POWERS OF MORTGAGEE SHALL NOT BE DEEMED TO HAVE BEEN EXHAUSTED BY ANY SUCH ACTION, BUT MORTGAGEE SHALL HAVE THE SAME RIGHTS AS AFORESAID, FOR THE SAME ACTIONABLE DEFAULT, OR FOR ANY SUBSEQUENT EVENT OR EVENTS OF DEFAULT SAID RIGHT TO CONFESS JUDGMENT AND TO BRING ONE THAT THE MEANING OF SUCH PROVISION HAVE BEEN FULLY EXPLAINED BY COUNSEL, AND AS EVIDENCE OF SUCH FACT AN AUTHORIZED OFFICER OF SUBTENANT SIGNS HIS OR MORE FURTHER ACTIONS TO RECOVER POSSESSION OF HER INITIALS IN THE MORTGAGED PROPERTYSPACE PROVIDED BELOW. IN ANY SUCH ACTION, A COPY OF THIS MORTGAGE, VERIFIED BY AFFIDAVIT BY SOMEONE ON BEHALF OF MORTGAGEE MAY BE FILED, IN WHICH EVENT IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL AS A WARRANT OF ATTORNEY, ANY LAW OR RULE OF COURT TO THE CONTRARY NOTWITHSTANDING. THE RIGHT SET FORTH HEREIN SHALL NOT MERGE WITH ANY JUDGMENT OBTAINED ON THE SECURED DEBT. MORTGAGEE MAY COMMENCE AN ACTION IN EJECTMENT FOR POSSESSION OF THE PREMISES BEFORE OR AFTER THE INSTITUTION OF FORECLOSURE PROCEEDINGS UPON THIS MORTGAGE, OR BEFORE OR AFTER JUDGMENT FOR ANY PORTION OF THE SECURED DEBT, OR BEFORE OR AFTER A SALE OF THE PREMISES BY THE SHERIFF, MARSHAL, CONSTABLE OR OTHER PROPER LEGAL OFFICER. Mortgagor’s (Initials)

Appears in 1 contract

Samples: Sublease Agreement (Bancorp, Inc.)

Confession of Judgment in Ejectment. THE FOLLOWING PARAGRAPH WAIVES THE RIGHT TO HAVE PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE CONSTITUTION AND LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA PRIOR TO THE ENTRY OF JUDGMENT FOR POSSESSION OF THE REAL PROPERTY SECURED BY THIS MORTGAGE: MORTGAGOR, FOR THE PURPOSE OF SECURING OBTAINING POSSESSION OF THE MORTGAGED PROPERTY TO MORTGAGEE IN THE AT ANY TIME WHEN AN EVENT OF ANY ACTIONABLE DEFAULT HEREUNDERHAS OCCURRED AND IS CONTINUING, DOES THE BORROWER HEREBY AUTHORIZE IRREVOCABLY AUTHORIZES AND EMPOWER EMPOWERS ANY ATTORNEY OF PROTHONOTARY OR CLERK OR ANY COURT OF RECORD IN THE COMMONWEALTH OF PENNSYLVANIAOR ELSEWHERE, AS ATTORNEY FOR MORTGAGOR AS WELL AS FOR THE BORROWER AND ALL PERSONS PERSON CLAIMING UNDER, BY UNDER OR THROUGH MORTGAGORTHE BORROWER, AS OF ANY TERM OR TIME, TO COMMENCE AN AMICABLE ACTION IN EJECTMENT FOR POSSESSION OF THE MORTGAGED PROPERTY WITHOUT ANY STAY OF EXECUTION OR APPEAL, AGAINST MORTGAGOR, AND THEREIN TO APPEAR IN SUCH COURT FOR AND TO CONFESS JUDGMENT AGAINST THE BORROWER AND AGAINST ALL PERSONS CLAIMING UNDER OR THROUGH THE BORROWER IN FAVOR OF THE LENDER, FOR THE RECOVERY BY MORTGAGEE THE LENDER OF THE POSSESSION OF THE MORTGAGED PROPERTY THEREOF, FOR WHICH THIS MORTGAGE (MORTGAGE, OR A COPY THEREOF VERIFIED BY AFFIDAVIT) , SHALL BE A SUFFICIENT WARRANT, ; AND THEREUPON A WRIT OF POSSESSION MAY IMMEDIATELY BE ISSUED FORTHWITHFOR POSSESSION OF THE PROPERTY, WITHOUT ANY PRIOR WRIT, FORECLOSURE WRIT OR PROCEEDING WHATSOEVER, AND WITHOUT ANY STAY OF EXECUTION. MORTGAGOR THE BORROWER HEREBY IRREVOCABLY WAIVES AND RELEASES AND AGREES TO RELEASE MORTGAGEE FROM ALL ERRORS AND DEFECTS WHATSOEVER IN CONNECTION WITH SUCH JUDGMENT IN CAUSING A WRIT OR WRIT TO BE ISSUED, SAID PROCEEDINGS AND IN THE ENTRY OF ANY PROCEEDINGS THEREON ON CONCERNING JUDGMENT RESULTING THEREFROM, STAY OF EXECUTION, THE SAME. MORTGAGE AGREES THAT NO WRIT, ERROR, APPEAL OR OBJECTION SHALL BE MADE OR TAKEN THERETO, PROVIDED THAT MORTGAGEE SHALL HAVE FILED IN SUCH ACTION AN AFFIDAVIT RIGHT OF DEFAULT MADE BY IT OR SOMEONE ON ITS BEHALF. IT IS HEREBY EXPRESSLY AGREED THAT INQUISITION AND EXTENSION OF TIME OF PAYMENT IF FOR ANY REASON AFTER SUCH ACTION HAS BEEN COMMENCED, THE SAME COMMENCED IT SHALL BE DISCONTINUED, MARKED SATISFIED OF RECORD, OR DETERMINED, OR POSSESSION OF THE MORTGAGED PROPERTY SHALL REMAIN IN OR TO BE RESTORED TO MORTGAGORTHE BORROWER, THE RIGHTS AND POWERS OF MORTGAGEE SHALL NOT BE DEEMED TO HAVE BEEN EXHAUSTED BY ANY SUCH ACTION, BUT MORTGAGEE LENDER SHALL HAVE THE SAME RIGHTS AS AFORESAID, RIGHT FOR THE SAME ACTIONABLE DEFAULT, DEFAULT OR FOR ANY SUBSEQUENT EVENT OR EVENTS OF DEFAULT TO CONFESS JUDGMENT AND TO BRING ONE OR MORE FURTHER AMICABLE ACTIONS AS ABOVE PROVIDED TO RECOVER POSSESSION OF THE MORTGAGED PROPERTY. IN ANY SUCH ACTION, A COPY OF THIS MORTGAGE, VERIFIED BY AFFIDAVIT BY SOMEONE ON BEHALF OF MORTGAGEE THE LENDER MAY BE FILED, IN WHICH EVENT IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL AS A WARRANT OF ATTORNEY, ANY LAW OR RULE OF COURT TO THE CONTRARY NOTWITHSTANDING. THE RIGHT SET FORTH HEREIN SHALL NOT MERGE WITH ANY JUDGMENT OBTAINED ON THE SECURED DEBT. MORTGAGEE MAY COMMENCE BRING AN AMICABLE ACTION IN EJECTMENT FOR POSSESSION OF THE PREMISES AND CONFESS JUDGMENT THEREIN BEFORE OR AFTER THE INSTITUTION OF FORECLOSURE PROCEEDINGS UPON TO FORECLOSE THIS MORTGAGE, OR BEFORE AFTER ENTRY OF JUDGMENT THEREIN, OR AFTER JUDGMENT FOR ANY PORTION OF THE SECURED DEBT, OR BEFORE OR AFTER A SHERIFF SALE OF THE PREMISES BY PROPERTY IN WHICH THE SHERIFF, MARSHAL, CONSTABLE OR OTHER PROPER LEGAL OFFICERLENDER IS THE SUCCESSFUL BIDDER. Mortgagor’s InitialsTHE AUTHORIZATION TO PURSUE SUCH PROCEEDINGS FOR OBTAINING POSSESSION AND TO CONFESS JUDGMENT THEREIN IS AN ESSENTIAL PART OF THE REMEDIES FOR ENFORCEMENT OF THIS MORTGAGE AND SHALL SURVIVE ANY EXECUTION SALE TO THE LENDER.

Appears in 1 contract

Samples: And Security Agreement (Balanced Care Corp)

Confession of Judgment in Ejectment. AFTER AT LEAST TEN (10) DAYS' PRIOR WRITTEN NOTICE FROM LANDLORD OF LANDLORD'S INTENTION TO CONFESS JUDGMENT IN EJECTMENT, INCLUDING COPIES OF PLEADINGS TO BE FILED IN ANY SUCH EJECTMENT ACTION, TENANT, FULLY COMPREHENDING THE FOLLOWING PARAGRAPH WAIVES THE RIGHT TO HAVE PRIOR RELINQUISHMENT OF CERTAIN RIGHTS INCLUDING, WITHOUT LIMITATION, RIGHTS OF PREJUDGMENT NOTICE LOT C AND HEARING AND POST-JUDGMENT NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE CONSTITUTION BEFORE EXECUTION, AUTHORIZES AND LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA PRIOR TO THE ENTRY OF JUDGMENT FOR POSSESSION OF THE REAL PROPERTY SECURED BY THIS MORTGAGE: MORTGAGOR, FOR THE PURPOSE OF SECURING POSSESSION OF THE MORTGAGED PROPERTY TO MORTGAGEE IN THE EVENT OF ANY ACTIONABLE DEFAULT HEREUNDER, DOES HEREBY AUTHORIZE AND EMPOWER EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD IN WITHIN THE COMMONWEALTH OF PENNSYLVANIAUNITED STATES, AS ATTORNEY TO APPEAR FOR MORTGAGOR AS WELL AS TENANT, AND FOR ALL PERSONS ANY OTHER PERSON CLAIMING UNDER, BY OR THROUGH MORTGAGORTENANT, TO COMMENCE AN ACTION AND CONFESS JUDGMENT IN EJECTMENT FORTHWITH AGAINST TENANT AND SUCH OTHER PERSON AND IN FAVOR OF LANDLORD, ITS SUCCESSORS AND ASSIGNS, FOR POSSESSION OF THE MORTGAGED PROPERTY WITHOUT ANY LEASED PREMISES, TOGETHER WITH HEREDITAMENTS AND APPURTENANCES AND ALL FIXTURES AND EQUIPMENT INSTALLED THEREIN, WITH RELEASE OF ALL ERRORS, WAIVER OF STAY OF EXECUTION OR APPEAL, AGAINST MORTGAGOREXECUTION, AND THEREIN TO CONFESS JUDGMENT FOR THE RECOVERY WAIVER OF EXEMPTION BY MORTGAGEE TENANT. NO SINGLE EXERCISE OF THE POSSESSION OF THE MORTGAGED PROPERTY FOR WHICH THIS MORTGAGE (OR A COPY THEREOF VERIFIED BY AFFIDAVIT) SHALL BE SUFFICIENT WARRANT, AND THEREUPON A WRIT OF POSSESSION MAY BE ISSUED FORTHWITH, WITHOUT ANY PRIOR WRIT, FORECLOSURE OR PROCEEDING WHATSOEVER. MORTGAGOR HEREBY RELEASES AND AGREES TO RELEASE MORTGAGEE FROM ALL ERRORS AND DEFECTS WHATSOEVER IN CONNECTION WITH SUCH JUDGMENT IN CAUSING A WRIT OR WRIT TO BE ISSUED, AND IN ANY PROCEEDINGS THEREON ON CONCERNING THE SAME. MORTGAGE AGREES THAT NO WRIT, ERROR, APPEAL OR OBJECTION SHALL BE MADE OR TAKEN THERETO, PROVIDED THAT MORTGAGEE SHALL HAVE FILED IN SUCH ACTION AN AFFIDAVIT OF DEFAULT MADE BY IT OR SOMEONE ON ITS BEHALF. IT IS HEREBY EXPRESSLY AGREED THAT IF FOR ANY REASON AFTER SUCH ACTION HAS BEEN COMMENCED, THE SAME SHALL BE DISCONTINUED, MARKED SATISFIED OF RECORD, OR DETERMINED, OR POSSESSION OF THE MORTGAGED PROPERTY SHALL REMAIN IN OR TO BE RESTORED TO MORTGAGOR, THE RIGHTS FOREGOING WARRANTS AND POWERS OF MORTGAGEE ATTORNEY SHALL NOT BE HAVE BEEN DEEMED TO HAVE BEEN EXHAUSTED EXHAUST SUCH WARRANTS AND POWERS, WHETHER OR NOT SUCH EXERCISE SHALL BE HELD BY ANY SUCH ACTIONCOURT TO BE INVALID, BUT MORTGAGEE VOIDABLE OR VOID, BY THE WARRANTS AND POWERS SHALL HAVE THE SAME RIGHTS CONTINUE UNDIMINISHED AND MAY BE EXERCISED FROM TIME TO TIME AS AFORESAID, FOR THE SAME ACTIONABLE DEFAULTOFTEN AS LANDLORD, OR FOR ANY SUBSEQUENT EVENT OR EVENTS ITS SUCCESSORS AND ASSIGNS SHALL ELECT UPON THE OCCURRENCE OF A DEFAULT TO CONFESS JUDGMENT UNDER THIS LEASE. TENANT CONFIRMS THAT THIS IS A COMMERCIAL LEASE, THAT TENANT WAS REPRESENTED BY COUNSEL IN TENANT'S NEGOTIATION AND TO BRING ONE OR MORE FURTHER ACTIONS TO RECOVER POSSESSION OF THE MORTGAGED PROPERTY. IN ANY SUCH ACTION, A COPY EXECUTION OF THIS MORTGAGELEASE, VERIFIED BY AFFIDAVIT BY SOMEONE ON BEHALF OF MORTGAGEE MAY BE FILED, IN WHICH EVENT IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL AND THAT TENANT FREELY AND VOLUNTARILY EXECUTED THIS LEASE WITH THIS PARAGRAPH 13.4 AS A WARRANT OF ATTORNEY, ANY LAW OR RULE OF COURT TO THE CONTRARY NOTWITHSTANDING. THE RIGHT SET FORTH HEREIN SHALL NOT MERGE WITH ANY JUDGMENT OBTAINED ON THE SECURED DEBT. MORTGAGEE MAY COMMENCE AN ACTION IN EJECTMENT FOR POSSESSION OF THE PREMISES BEFORE OR AFTER THE INSTITUTION OF FORECLOSURE PROCEEDINGS UPON THIS MORTGAGE, OR BEFORE OR AFTER JUDGMENT FOR ANY PORTION OF THE SECURED DEBT, OR BEFORE OR AFTER A SALE OF THE PREMISES BY THE SHERIFF, MARSHAL, CONSTABLE OR OTHER PROPER LEGAL OFFICER. Mortgagor’s InitialsPART THEREOF.

Appears in 1 contract

Samples: Lease Agreement (Corporate Office Properties Trust Inc)

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Confession of Judgment in Ejectment. AT ANY TIME AFTER THE FOLLOWING PARAGRAPH WAIVES OCCURRENCE OF AN EVENT OF DEFAULT, WITHOUT FURTHER NOTICE, REGARDLESS OF WHETHER THE AGENT HAS ASSERTED ANY OTHER RIGHT OR EXERCISED ANY OTHER REMEDY UNDER THIS INSTRUMENT OR THE CREDIT AGREEMENT OR ANY OF THE OTHER LOAN DOCUMENTS, IT SHALL BE LAWFUL FOR ANY ATTORNEY OF ANY COURT OF RECORD AS ATTORNEY FOR THE MORTGAGOR TO CONFESS JUDGMENT IN EJECTMENT AGAINST THE MORTGAGOR AND ALL PERSONS CLAIMING UNDER THE MORTGAGOR FOR THE RECOVERY BY THE AGENT OF POSSESSION OF ALL OR ANY PART OF THE PROPERTY, FOR WHICH THIS MORTGAGE SHALL BE SUFFICIENT WARRANT. IF FOR ANY REASON AFTER SUCH ACTION SHALL HAVE COMMENCED THE SAME SHALL BE DISCONTINUED AND THE POSSESSION OF THE PROPERTY SHALL REMAIN IN OR BE RESTORED TO THE MORTGAGOR, THE AGENT SHALL HAVE THE RIGHT UPON ANY SUBSEQUENT DEFAULT OR DEFAULTS TO BRING ONE OR MORE AMICABLE ACTION OR ACTIONS AS HEREINBEFORE SET FORTH TO RECOVER POSSESSION OF ALL OR ANY PART OF THE PROPERTY. THIS MORTGAGE SETS FORTH A WARRANT OR AUTHORITY FOR AN ATTORNEY TO CONFESS JUDGMENT AGAINST MORTGAGOR. IN GRANTING THIS WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST MORTGAGOR, MORTGAGOR HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNTARILY, AND (ON THE ADVICE OF THE SEPARATE COUNSEL OF MORTGAGOR IF MORTGAGOR HAS USED COUNSEL IN REGARD TO ENTERING INTO THIS MORTGAGE), UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS MORTGAGOR HAS OR MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE CONSTITUTION CONSTITUTIONS AND LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA PRIOR TO THE ENTRY OF JUDGMENT FOR POSSESSION OF THE REAL PROPERTY SECURED BY THIS MORTGAGE: MORTGAGOR, FOR THE PURPOSE OF SECURING POSSESSION OF THE MORTGAGED PROPERTY TO MORTGAGEE IN THE EVENT OF ANY ACTIONABLE DEFAULT HEREUNDER, DOES HEREBY AUTHORIZE AND EMPOWER ANY ATTORNEY OF ANY COURT OF RECORD IN THE COMMONWEALTH OF PENNSYLVANIA, AS ATTORNEY FOR MORTGAGOR AS WELL AS FOR ALL PERSONS CLAIMING UNDER, BY OR THROUGH MORTGAGOR, TO COMMENCE AN ACTION IN EJECTMENT FOR POSSESSION OF THE MORTGAGED PROPERTY WITHOUT ANY STAY OF EXECUTION OR APPEAL, AGAINST MORTGAGOR, AND THEREIN TO CONFESS JUDGMENT FOR THE RECOVERY BY MORTGAGEE OF THE POSSESSION OF THE MORTGAGED PROPERTY FOR WHICH THIS MORTGAGE (OR A COPY THEREOF VERIFIED BY AFFIDAVIT) SHALL BE SUFFICIENT WARRANT, AND THEREUPON A WRIT OF POSSESSION MAY BE ISSUED FORTHWITH, WITHOUT ANY PRIOR WRIT, FORECLOSURE OR PROCEEDING WHATSOEVER. MORTGAGOR HEREBY RELEASES AND AGREES TO RELEASE MORTGAGEE FROM ALL ERRORS AND DEFECTS WHATSOEVER IN CONNECTION WITH SUCH JUDGMENT IN CAUSING A WRIT OR WRIT TO BE ISSUED, AND IN ANY PROCEEDINGS THEREON ON CONCERNING THE SAME. MORTGAGE AGREES THAT NO WRIT, ERROR, APPEAL OR OBJECTION SHALL BE MADE OR TAKEN THERETO, PROVIDED THAT MORTGAGEE SHALL HAVE FILED IN SUCH ACTION AN AFFIDAVIT OF DEFAULT MADE BY IT OR SOMEONE ON ITS BEHALF. IT IS HEREBY EXPRESSLY AGREED THAT IF FOR ANY REASON AFTER SUCH ACTION HAS BEEN COMMENCED, THE SAME SHALL BE DISCONTINUED, MARKED SATISFIED OF RECORD, OR DETERMINED, OR POSSESSION OF THE MORTGAGED PROPERTY SHALL REMAIN IN OR TO BE RESTORED TO MORTGAGOR, THE RIGHTS AND POWERS OF MORTGAGEE SHALL NOT BE DEEMED TO HAVE BEEN EXHAUSTED BY ANY SUCH ACTION, BUT MORTGAGEE SHALL HAVE THE SAME RIGHTS AS AFORESAID, FOR THE SAME ACTIONABLE DEFAULT, OR FOR ANY SUBSEQUENT EVENT OR EVENTS OF DEFAULT TO CONFESS JUDGMENT AND TO BRING ONE OR MORE FURTHER ACTIONS TO RECOVER POSSESSION OF THE MORTGAGED PROPERTY. IN ANY SUCH ACTION, A COPY OF THIS MORTGAGE, VERIFIED BY AFFIDAVIT BY SOMEONE ON BEHALF OF MORTGAGEE MAY BE FILED, IN WHICH EVENT IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL AS A WARRANT OF ATTORNEY, ANY LAW OR RULE OF COURT TO THE CONTRARY NOTWITHSTANDING. THE RIGHT SET FORTH HEREIN SHALL NOT MERGE WITH ANY JUDGMENT OBTAINED ON THE SECURED DEBT. MORTGAGEE MAY COMMENCE AN ACTION IN EJECTMENT FOR POSSESSION OF THE PREMISES BEFORE OR AFTER THE INSTITUTION OF FORECLOSURE PROCEEDINGS UPON THIS MORTGAGE, OR BEFORE OR AFTER JUDGMENT FOR ANY PORTION OF THE SECURED DEBT, OR BEFORE OR AFTER A SALE OF THE PREMISES BY THE SHERIFF, MARSHAL, CONSTABLE OR OTHER PROPER LEGAL OFFICER. Mortgagor’s Initials.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Carter Validus Mission Critical REIT, Inc.)

Confession of Judgment in Ejectment. THE FOLLOWING PARAGRAPH WAIVES THE RIGHT TO HAVE PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE CONSTITUTION AND LAWS WHEN THIS LEASE SHALL BE TERMINATED OR CANCELLED BY LANDLORD BY REASON OF THE UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA PRIOR TO THE ENTRY OF JUDGMENT FOR POSSESSION OF THE REAL PROPERTY SECURED BY THIS MORTGAGE: MORTGAGOR, FOR THE PURPOSE OF SECURING POSSESSION OF THE MORTGAGED PROPERTY TO MORTGAGEE IN THE EVENT BREACH OF ANY ACTIONABLE DEFAULT HEREUNDERPROVISION HEREOF BY TENANT, DOES EITHER DURING THE ORIGINAL TERM OF THIS LEASE OR ANY RENEWAL THEREOF, AND ALSO AS SOON AS THE TERM HEREBY AUTHORIZE AND EMPOWER CREATED OR ANY RENEWAL THEREOF SHALL HAVE EXPIRED, IT SHALL BE LAWFUL FOR ANY ATTORNEY OF AS ATTORNEY FOR TENANT TO FILE AN AGREEMENT FOR ENTERING IN ANY COURT OF RECORD COMPETENT JURISDICTION AN AMICABLE ACTION AND CONFESSION OF JUDGMENT IN THE COMMONWEALTH OF PENNSYLVANIA, AS ATTORNEY FOR MORTGAGOR AS WELL AS FOR EJECTMENT AGAINST TENANT AND ALL PERSONS CLAIMING UNDER, BY OR THROUGH MORTGAGOR, TO COMMENCE AN ACTION IN EJECTMENT FOR POSSESSION OF THE MORTGAGED PROPERTY WITHOUT ANY STAY OF EXECUTION OR APPEAL, AGAINST MORTGAGOR, AND THEREIN TO CONFESS JUDGMENT UNDER TENANT FOR THE RECOVERY BY MORTGAGEE LANDLORD OF THE POSSESSION OF THE MORTGAGED PROPERTY PREMISES, FOR WHICH THIS MORTGAGE (LEASE OR A TRUE AND CORRECT COPY THEREOF VERIFIED BY AFFIDAVIT) SHALL BE SUFFICIENT WARRANT. UPON THE JUDGMENT, AND THEREUPON IF LANDLORD SO DESIRES, A WRIT OF POSSESSION MAY BE ISSUED ISSUE FORTHWITH, WITHOUT ANY PRIOR WRIT, FORECLOSURE OR PROCEEDING WHATSOEVER. MORTGAGOR HEREBY RELEASES AND AGREES TO RELEASE MORTGAGEE FROM ALL ERRORS AND DEFECTS WHATSOEVER IN CONNECTION WITH SUCH JUDGMENT IN CAUSING A WRIT OR WRIT TO BE ISSUED, AND IN ANY PROCEEDINGS THEREON ON CONCERNING THE SAME. MORTGAGE AGREES THAT NO WRIT, ERROR, APPEAL OR OBJECTION SHALL BE MADE OR TAKEN THERETO, PROVIDED THAT MORTGAGEE SHALL HAVE FILED IN SUCH ACTION AN AFFIDAVIT OF DEFAULT MADE BY IT OR SOMEONE ON ITS BEHALF. IT IS HEREBY EXPRESSLY AGREED THAT IF FOR ANY REASON AFTER SUCH ACTION HAS BEEN COMMENCED, SHALL HAVE COMMENCED THE SAME ACTION SHALL BE DISCONTINUED, MARKED SATISFIED OF RECORD, OR DETERMINED, OR TERMINATED AND POSSESSION OF THE MORTGAGED PROPERTY SHALL REMAIN REMAINS IN OR TO BE IS RESTORED TO MORTGAGORTENANT, THE RIGHTS AND POWERS OF MORTGAGEE SHALL NOT BE DEEMED TO HAVE BEEN EXHAUSTED BY ANY SUCH ACTION, BUT MORTGAGEE LANDLORD SHALL HAVE THE SAME RIGHTS AS AFORESAID, FOR THE SAME ACTIONABLE DEFAULTRIGHT UPON ANY SUBSEQUENT DEFAULT OR DEFAULTS, OR FOR ANY SUBSEQUENT EVENT UPON THE TERMINATION OR EVENTS CANCELLATION OF DEFAULT TO CONFESS JUDGMENT AND THIS LEASE AS SET FORTH ABOVE, TO BRING ONE OR MORE FURTHER AMICABLE ACTION OR ACTIONS AS SET FORTH ABOVE AND TO RECOVER POSSESSION OF THE MORTGAGED PROPERTY. IN ANY SUCH ACTION, A COPY OF THIS MORTGAGE, VERIFIED BY AFFIDAVIT BY SOMEONE ON BEHALF OF MORTGAGEE MAY BE FILED, IN WHICH EVENT IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL AS A WARRANT OF ATTORNEY, ANY LAW OR RULE OF COURT TO THE CONTRARY NOTWITHSTANDING. THE RIGHT SET FORTH HEREIN SHALL NOT MERGE WITH ANY JUDGMENT OBTAINED ON THE SECURED DEBTABOVE. MORTGAGEE MAY COMMENCE AN ACTION IN EJECTMENT FOR POSSESSION OF THE PREMISES BEFORE OR AFTER THE INSTITUTION OF FORECLOSURE PROCEEDINGS UPON THIS MORTGAGE, OR BEFORE OR AFTER JUDGMENT FOR ANY PORTION OF THE SECURED DEBT, OR BEFORE OR AFTER A SALE OF THE PREMISES BY THE SHERIFF, MARSHAL, CONSTABLE OR OTHER PROPER LEGAL OFFICER. Mortgagor’s InitialsSignature page follows

Appears in 1 contract

Samples: Lease

Confession of Judgment in Ejectment. AFTER AT LEAST TEN (10) DAYS' PRIOR WRITTEN NOTICE FROM LANDLORD OF LANDLORD'S INTENTION TO CONFESS JUDGMENT IN EJECTMENT, INCLUDING COPIES OF PLEADINGS TO BE FILED IN ANY SUCH EJECTMENT ACTION, TENANT, FULLY COMPREHENDING THE FOLLOWING PARAGRAPH WAIVES THE RIGHT TO HAVE PRIOR RELINQUISHMENT OF CERTAIN RIGHTS INCLUDING, WITHOUT LIMITATION, RIGHTS OF PREJUDGMENT NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE CONSTITUTION AND LAWS OF THE UNITED STATES POST-JUDGMENT NOTICE AND THE COMMONWEALTH OF PENNSYLVANIA PRIOR TO THE ENTRY OF JUDGMENT FOR POSSESSION OF THE REAL PROPERTY SECURED BY THIS MORTGAGE: MORTGAGORHEARING BEFORE EXECUTION, FOR THE PURPOSE OF SECURING POSSESSION OF THE MORTGAGED PROPERTY TO MORTGAGEE IN THE EVENT OF ANY ACTIONABLE DEFAULT HEREUNDER, DOES HEREBY AUTHORIZE AUTHORIZES AND EMPOWER EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD IN WITHIN THE COMMONWEALTH OF PENNSYLVANIAUNITED STATES, AS ATTORNEY TO APPEAR FOR MORTGAGOR AS WELL AS TENANT, AND FOR ALL PERSONS ANY OTHER PERSON CLAIMING UNDER, BY OR THROUGH MORTGAGORTENANT, TO COMMENCE AN ACTION AND CONFESS JUDGMENT IN EJECTMENT FORTHWITH AGAINST TENANT AND SUCH OTHER PERSON AND IN FAVOR OF LANDLORD, ITS SUCCESSORS AND ASSIGNS, FOR POSSESSION OF THE MORTGAGED PROPERTY WITHOUT ANY LEASED PREMISES, TOGETHER WITH HEREDITAMENTS AND APPURTENANCES AND ALL FIXTURES AND EQUIPMENT INSTALLED THEREIN, WITH RELEASE OF ALL ERRORS, WAIVER OF STAY OF EXECUTION OR APPEAL, AGAINST MORTGAGOREXECUTION, AND THEREIN TO CONFESS JUDGMENT FOR THE RECOVERY WAIVER OF EXEMPTION BY MORTGAGEE TENANT. NO SINGLE EXERCISE OF THE POSSESSION OF THE MORTGAGED PROPERTY FOR WHICH THIS MORTGAGE (OR A COPY THEREOF VERIFIED BY AFFIDAVIT) SHALL BE SUFFICIENT WARRANT, AND THEREUPON A WRIT OF POSSESSION MAY BE ISSUED FORTHWITH, WITHOUT ANY PRIOR WRIT, FORECLOSURE OR PROCEEDING WHATSOEVER. MORTGAGOR HEREBY RELEASES AND AGREES TO RELEASE MORTGAGEE FROM ALL ERRORS AND DEFECTS WHATSOEVER IN CONNECTION WITH SUCH JUDGMENT IN CAUSING A WRIT OR WRIT TO BE ISSUED, AND IN ANY PROCEEDINGS THEREON ON CONCERNING THE SAME. MORTGAGE AGREES THAT NO WRIT, ERROR, APPEAL OR OBJECTION SHALL BE MADE OR TAKEN THERETO, PROVIDED THAT MORTGAGEE SHALL HAVE FILED IN SUCH ACTION AN AFFIDAVIT OF DEFAULT MADE BY IT OR SOMEONE ON ITS BEHALF. IT IS HEREBY EXPRESSLY AGREED THAT IF FOR ANY REASON AFTER SUCH ACTION HAS BEEN COMMENCED, THE SAME SHALL BE DISCONTINUED, MARKED SATISFIED OF RECORD, OR DETERMINED, OR POSSESSION OF THE MORTGAGED PROPERTY SHALL REMAIN IN OR TO BE RESTORED TO MORTGAGOR, THE RIGHTS FOREGOING WARRANTS AND POWERS OF MORTGAGEE ATTORNEY SHALL NOT BE HAVE BEEN DEEMED TO HAVE BEEN EXHAUSTED EXHAUST SUCH WARRANTS AND POWERS, WHETHER OR NOT SUCH EXERCISE SHALL BE HELD BY ANY SUCH ACTIONCOURT TO BE INVALID, BUT MORTGAGEE VOIDABLE OR VOID, BY THE WARRANTS AND POWERS SHALL HAVE THE SAME RIGHTS CONTINUE UNDIMINISHED AND MAY BE EXERCISED FROM TIME TO TIME AS AFORESAID, FOR THE SAME ACTIONABLE DEFAULTOFTEN AS LANDLORD, OR FOR ANY SUBSEQUENT EVENT OR EVENTS ITS SUCCESSORS AND ASSIGNS SHALL ELECT UPON THE OCCURRENCE OF A DEFAULT TO CONFESS JUDGMENT UNDER THIS LEASE. TENANT CONFIRMS THAT THIS IS A COMMERCIAL LEASE, THAT TENANT WAS REPRESENTED BY COUNSEL IN TENANT'S NEGOTIATION AND TO BRING ONE OR MORE FURTHER ACTIONS TO RECOVER POSSESSION OF THE MORTGAGED PROPERTY. IN ANY SUCH ACTION, A COPY EXECUTION OF THIS MORTGAGELEASE, VERIFIED BY AFFIDAVIT BY SOMEONE ON BEHALF OF MORTGAGEE MAY BE FILED, IN WHICH EVENT IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL AND THAT TENANT FREELY AND VOLUNTARILY EXECUTED THIS LEASE WITH THIS PARAGRAPH 13.4 AS A WARRANT OF ATTORNEY, ANY LAW OR RULE OF COURT TO THE CONTRARY NOTWITHSTANDING. THE RIGHT SET FORTH HEREIN SHALL NOT MERGE WITH ANY JUDGMENT OBTAINED ON THE SECURED DEBT. MORTGAGEE MAY COMMENCE AN ACTION IN EJECTMENT FOR POSSESSION OF THE PREMISES BEFORE OR AFTER THE INSTITUTION OF FORECLOSURE PROCEEDINGS UPON THIS MORTGAGE, OR BEFORE OR AFTER JUDGMENT FOR ANY PORTION OF THE SECURED DEBT, OR BEFORE OR AFTER A SALE OF THE PREMISES BY THE SHERIFF, MARSHAL, CONSTABLE OR OTHER PROPER LEGAL OFFICER. Mortgagor’s InitialsPART THEREOF.

Appears in 1 contract

Samples: Lease Agreement (Corporate Office Properties Trust Inc)

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