Common use of Entry on Property Clause in Contracts

Entry on Property. Mortgagee is authorized, prior or subsequent to the institution of any foreclosure proceedings, to the fullest extent permitted by applicable law, to enter upon the Property, or any part thereof, and to take possession of the Property and all books and records relating thereto, and to exercise without interference from Mortgagor any and all rights which Mortgagor has with respect to the management, possession, operation, protection or preservation of the Property. Mortgagee shall not be deemed to have taken possession of the Property or any part thereof except upon the exercise of its right to do so, and then only to the extent evidenced by its demand and overt act specifically for such purpose. All costs, expenses and liabilities of every character reasonably incurred by Mortgagee in managing, operating, maintaining, protecting or preserving the Property shall constitute a demand obligation of Mortgagor (which obligation Mortgagor hereby promises to pay) to Mortgagee pursuant to this Mortgage. If necessary to obtain the possession provided for above, Mortgagee may invoke any and all legal remedies to dispossess Mortgagor. In connection with any action taken by Mortgagee pursuant to this Section, Mortgagee shall not be liable for any loss sustained by Mortgagor resulting from any failure to let the Property or any part thereof, or from any act or omission of Mortgagee in managing the Property unless such loss is caused by the willful misconduct and bad faith of Mortgagee, nor shall Mortgagee be obligated to perform or discharge any obligation, duty or liability of Mortgagor arising under any lease or other agreement relating to the Property or arising under any Permitted Encumbrance or otherwise arising, except as otherwise expressly provided in any subordination, non-disturbance and attornment agreement executed by Mortgagee with respect to the Property. Mortgagor hereby assents to, ratifies and confirms any and all actions of Mortgagee with respect to the Property taken under this Section.

Entry on Property. Mortgagee Holder is authorizedauthorized on behalf of itself and Lenders, prior or subsequent to the institution of any foreclosure proceedings, to the fullest extent permitted by applicable law, to enter upon the Property, Property or any part thereof, and to take possession of the Property and all books and records records, and all recorded data of any kind or nature, regardless of the medium of recording, including all software, writings, plans, specifications and schematics relating thereto, and to exercise without interference from Mortgagor Grantor any and all rights which Mortgagor Grantor has with respect to the management, possession, operation, protection or preservation of the Property. Mortgagee Holder shall not be deemed to have taken possession of the Property or any part thereof except upon the exercise of its right to do so, and then only to the extent evidenced by its demand and overt act specifically for such purpose. All costs, expenses and liabilities of every character reasonably incurred by Mortgagee Xxxxxx and Xxxxxxx in managing, operating, maintaining, protecting or preserving the Property shall constitute a demand obligation of Mortgagor Grantor (which obligation Mortgagor Grantor hereby promises to pay) to Mortgagee Holder (for its own account or the account of Lenders, as applicable) pursuant to this MortgageDeed of Trust. If necessary to obtain the possession provided for above, Mortgagee Xxxxxx may invoke any and all legal remedies to dispossess MortgagorGrantor. In connection with any action taken by Mortgagee Holder pursuant to this Sectionclause (f), Mortgagee neither Holder nor Lenders shall not be liable for any loss sustained by Mortgagor Grantor resulting from any failure to let the Property or any part thereof, or from any act or omission of Mortgagee Holder in managing the Property unless such loss is caused by the willful misconduct and bad faith of MortgageeHolder, nor shall Mortgagee Holder or Lenders be obligated to perform or discharge any obligation, duty or liability of Mortgagor Grantor arising under any lease or other agreement relating to the Property or arising under any Permitted Encumbrance or otherwise arising, except as otherwise expressly provided in any subordination, non-disturbance and attornment agreement executed by Mortgagee with respect to the Property. Mortgagor Grantor hereby assents to, ratifies and confirms any and all actions of Mortgagee Holder with respect to the Property taken under this Sectionclause (f).

Entry on Property. Mortgagee Xxxxxx is authorizedauthorized on behalf of itself and Lenders, prior or subsequent to the institution of any foreclosure proceedings, to the fullest extent permitted by applicable law, to enter upon the Property, Property or any part thereof, and to take possession of the Property and all books and records records, and all recorded data of any kind or nature, regardless of the medium of recording, including all software, writings, plans, specifications and schematics relating thereto, and to exercise without interference from Mortgagor Grantor any and all rights which Mortgagor Grantor has with respect to the management, possession, operation, protection or preservation of the Property. Mortgagee Holder shall not be deemed to have taken possession of the Property or any part thereof except upon the exercise of its right to do so, and then only to the extent evidenced by its demand and overt act specifically for such purpose. All costs, expenses and liabilities of every character reasonably incurred by Mortgagee Xxxxxx and Xxxxxxx in managing, operating, maintaining, protecting or preserving the Property shall constitute a demand obligation of Mortgagor Grantor (which obligation Mortgagor Grantor hereby promises to pay) to Mortgagee Holder (for its own account or the account of Lenders, as applicable) pursuant to this MortgageDeed of Trust. If necessary to obtain the possession provided for above, Mortgagee Xxxxxx may invoke any and all legal remedies to dispossess MortgagorGrantor. In connection with any action taken by Mortgagee Holder pursuant to this Sectionclause (f), Mortgagee neither Holder nor Lenders shall not be liable for any loss sustained by Mortgagor Grantor resulting from any failure to let the Property or any part thereof, or from any act or omission of Mortgagee Holder in managing the Property unless such loss is caused by the willful misconduct and bad faith of MortgageeHolder, nor shall Mortgagee Holder or Lenders be obligated to perform or discharge any obligation, duty or liability of Mortgagor Grantor arising under any lease or other agreement relating to the Property or arising under any Permitted Encumbrance or otherwise arising, except as otherwise expressly provided in any subordination, non-disturbance and attornment agreement executed by Mortgagee with respect to the Property. Mortgagor Grantor hereby assents to, ratifies and confirms any and all actions of Mortgagee Holder with respect to the Property taken under this Sectionclause (f).

Entry on Property. Mortgagee is authorized, prior or subsequent ----------------- to the institution of any foreclosure proceedings, to the fullest extent permitted by applicable law, to enter upon the Property, or any part thereof, and to take possession of the Property and all books and records relating thereto, and to exercise without interference from Mortgagor any and all rights which Mortgagor has with respect to the management, possession, operation, protection or preservation of the Property. Mortgagee shall not be deemed to have taken possession of the Property or any part thereof except upon the exercise of its right to do so, and then only to the extent evidenced by its demand and overt act specifically for such purpose. All costs, expenses and liabilities of every character reasonably incurred by Mortgagee in managing, operating, maintaining, protecting or preserving the Property shall constitute a demand obligation of Mortgagor (which obligation Mortgagor hereby promises to pay) to Mortgagee pursuant to this Mortgage. If necessary to obtain the possession provided for above, Mortgagee may invoke any and all legal remedies to dispossess Mortgagor. In connection with any action taken by Mortgagee pursuant to this Section, Mortgagee shall not be liable for any loss sustained by Mortgagor resulting from any failure to let the Property or any part thereof, or from any act or omission of Mortgagee in managing the Property Property, unless such loss is caused by the willful misconduct and bad faith of Mortgagee, nor shall Mortgagee be obligated to perform or discharge any obligation, duty or liability of Mortgagor arising under any lease or other agreement relating to the Property or arising under any Permitted Encumbrance or otherwise arising, except as otherwise expressly provided in any subordination, non-disturbance and attornment agreement executed by Mortgagee with respect to the Property. Mortgagor hereby assents to, ratifies and confirms any and all actions of Mortgagee with respect to the Property taken under this Section.

Entry on Property. Mortgagee is authorized, prior or subsequent to the ----------------- institution of any foreclosure proceedings, to the fullest extent permitted by applicable law, to enter upon the Property, or any part thereof, and to take possession of the Property and all books and records relating thereto, and to exercise without interference from Mortgagor any and all rights which Mortgagor has with respect to the management, possession, operation, protection or preservation of the Property. Mortgagee shall not be deemed to have taken possession of the Property or any part thereof except upon the exercise of its right to do so, and then only to the extent evidenced by its demand and overt act specifically for such purpose. All costs, expenses and liabilities of every character reasonably incurred by Mortgagee in managing, operating, maintaining, protecting or preserving the Property shall constitute a demand obligation of Mortgagor (which obligation Mortgagor hereby promises to pay) to Mortgagee pursuant to this Mortgage. If necessary to obtain the possession provided for above, Mortgagee may invoke any and all legal remedies to dispossess Mortgagor. In connection with any action taken by Mortgagee pursuant to this Section, Mortgagee shall not be liable for any loss sustained by Mortgagor resulting from any failure to let the Property or any part thereof, or from any act or omission of Mortgagee in managing the Property unless such loss is caused by the willful misconduct and bad faith of Mortgagee, nor shall Mortgagee be obligated to perform or discharge any obligation, duty or liability of Mortgagor arising under any lease or other agreement relating to the Property or arising under any Permitted Encumbrance or otherwise arising, except as otherwise expressly provided in any subordination, non-disturbance and attornment agreement executed by Mortgagee with respect to the Property. Mortgagor hereby assents to, ratifies and confirms any and all actions of Mortgagee with respect to the Property taken under this Section.otherwise

Entry on Property. Mortgagee Lender is authorized, prior or subsequent to the institution of any foreclosure proceedings, to the fullest extent permitted by applicable law, to enter upon the Property, or any part thereof, and to take possession of the Property and all books and records relating theretorecords, and all recorded data of any kind or nature, regardless of the medium of recording including, without limitation, all software, writings, plans, specifications and schematics to the extent the same relate solely thereto or can be identified and segregated independently, and to exercise without interference from Mortgagor Borrower any and all rights which Mortgagor Borrower has with respect to the management, possession, operation, protection or preservation of the Property. Mortgagee Lender shall not be deemed to have taken possession of the Property or any part thereof except upon the exercise of its right to do so, and then only to the extent evidenced by its demand and overt act specifically for such purpose. All costs, expenses and liabilities of every character reasonably incurred by Mortgagee Lender in managing, operating, maintaining, protecting or preserving the Property shall constitute a demand obligation of Mortgagor Borrower (which obligation Mortgagor Borrower hereby promises to pay) to Mortgagee Lender pursuant to this MortgageSecurity Instrument. If necessary to obtain the possession provided for above, Mortgagee Lender may invoke any and all legal remedies to dispossess MortgagorBorrower. In connection with any action taken by Mortgagee Lender pursuant to this Sectionsection, Mortgagee Lender shall not be liable for any loss sustained by Mortgagor Borrower resulting from any failure to let the Property or any part thereof, or from any act or omission of Mortgagee Lender in managing the Property unless such loss is caused by the willful misconduct and bad faith of MortgageeLender, nor shall Mortgagee Lender be obligated to perform or discharge any obligation, duty or liability of Mortgagor Borrower arising under any lease or other agreement relating to the Property or arising under any Permitted Encumbrance or otherwise arising, except as otherwise expressly provided in any subordination, non-disturbance and attornment agreement executed by Mortgagee with respect to the Property. Mortgagor Borrower hereby assents to, ratifies and confirms any and all actions of Mortgagee Lender with respect to the Property taken under this Sectionsection.

Entry on Property. Mortgagee Lender is authorized, prior or subsequent to the institution of any foreclosure proceedings, to the fullest extent permitted by applicable law, to enter upon the Property, or any part thereof, and to take possession of the Property and all books and records relating thereto, and to XXXXX/ORANGE COUNTY ASSOCIATES DEED OF TRUST PAGE 40 exercise without interference from Mortgagor Borrower any and all rights which Mortgagor Borrower has with respect to the management, possession, operation, protection or preservation of the Property. Mortgagee Lender shall not be deemed to have taken possession of the Property or any part thereof except upon the exercise of its right to do so, and then only to the extent evidenced by its demand and overt act specifically for such purpose. All costs, expenses and liabilities of every character reasonably incurred by Mortgagee Lender in managing, operating, maintaining, protecting or preserving the Property shall constitute a demand obligation of Mortgagor Borrower (which obligation Mortgagor Borrower hereby promises to pay) to Mortgagee Lender pursuant to this MortgageSecurity Instrument. If necessary to obtain the possession provided for above, Mortgagee Lender may invoke any and all legal remedies to dispossess MortgagorBorrower. In connection with any action taken by Mortgagee Lender pursuant to this Section, Mortgagee Lender shall not be liable for any loss sustained by Mortgagor Borrower resulting from any failure to let the Property or any part thereof, or from any act or omission of Mortgagee Lender in managing the Property unless such loss is caused by the willful misconduct and bad faith of MortgageeLender, nor shall Mortgagee Lender be obligated to perform or discharge any obligation, duty or liability of Mortgagor Borrower arising under any lease or other agreement relating to the Property or arising under any Permitted Encumbrance or otherwise arising, except as otherwise expressly provided in any subordination, non-disturbance and attornment agreement executed by Mortgagee with respect to the Property. Mortgagor Borrower hereby assents to, ratifies and confirms any and all actions of Mortgagee Lender with respect to the Property taken under this Section.

Entry on Property. Mortgagee Administrative Agent is authorized, prior or subsequent to the institution of any foreclosure proceedings, to the fullest extent permitted by applicable law, to enter upon the Property, or any part thereof, and to take possession of the Property and all books and records records, and all recorded data of any kind or nature, regardless of the medium of recording including, without limitation, all software, writings, plans, specifications and schematics relating thereto, and to exercise without interference from Mortgagor any and all rights which Mortgagor has with respect to the management, possession, operation, protection or preservation of the Property. Mortgagee Administrative Agent shall not be deemed to have taken possession of the Property or any part thereof except upon the exercise of its right to do so, and then only to the extent evidenced by its demand and overt act specifically for such purpose. All reasonable and documented costs, expenses and liabilities of every character reasonably incurred by Mortgagee Administrative Agent in managing, operating, maintaining, protecting or preserving the Property shall constitute a demand obligation of Mortgagor (which obligation Mortgagor hereby promises to pay) to Mortgagee Administrative Agent pursuant to this Mortgage. If necessary to obtain the possession provided for above, Mortgagee Administrative Agent may invoke any and all legal remedies to dispossess Mortgagor. In connection with any action taken by Mortgagee Administrative Agent pursuant to this Section, Mortgagee Administrative Agent shall not be liable for any loss sustained by Mortgagor resulting from any failure to let the Property or any part thereof, or from any act or omission of Mortgagee Administrative Agent in managing the Property unless such loss is caused by the gross negligence, willful misconduct and or bad faith of MortgageeAdministrative Agent, nor shall Mortgagee Administrative Agent be obligated to perform or discharge any obligation, duty or liability of Mortgagor arising under any lease or other agreement relating to the Property or arising under any Permitted Encumbrance or otherwise arising, except as otherwise expressly provided in any subordination, non-disturbance and attornment agreement executed by Mortgagee with respect to the Property. Mortgagor hereby assents to, ratifies and confirms any and all lawful actions of Mortgagee Administrative Agent with respect to the Property taken under this Section.. MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT, AND FINANCING STATEMENT- Page 27

Entry on Property. Mortgagee is authorized, prior or subsequent to the institution of any foreclosure proceedings, to the fullest extent permitted by applicable law, to enter upon the Property, or any part thereof, and to take possession of the Property and all books and records relating thereto, and to exercise without interference from Mortgagor any and all rights which Mortgagor Mxxxxxxxx has with respect to the management, possession, operation, protection or preservation of the Property. Mortgagee shall not be deemed to have taken possession of the Property or any part thereof except upon the exercise of its right to do so, and then only to the extent evidenced by its demand and overt act specifically for such purpose. All costs, expenses and liabilities of every character reasonably incurred by Mortgagee in managing, operating, maintaining, protecting or preserving the Property shall constitute a demand obligation of Mortgagor (which obligation Mortgagor hereby promises to pay) to Mortgagee pursuant to this Mortgage. If necessary to obtain the possession provided for above, Mortgagee may invoke any and all legal remedies to dispossess Mortgagor. In connection with any action taken by Mortgagee pursuant to this Section, Mortgagee shall not be liable for any loss sustained by Mortgagor resulting from any failure to let the Property or any part thereof, or from any act or omission of Mortgagee in managing the Property unless such loss is caused by the willful misconduct and bad faith of Mortgagee, nor shall Mortgagee be obligated to perform or discharge any obligation, duty or liability of Mortgagor arising under any lease or other agreement relating to the Property or arising under any Permitted Encumbrance or otherwise arising, except as otherwise expressly provided in any subordination, non-disturbance and attornment agreement executed by Mortgagee with respect to the Property. Mortgagor Mxxxxxxxx hereby assents to, ratifies and confirms any and all actions of Mortgagee with respect to the Property taken under this Section.

Entry on Property. Mortgagee Lender is authorized, prior or subsequent to the institution of any foreclosure proceedings, to the fullest extent permitted by applicable law, to enter upon the Property, or any part thereof, and to take possession of the Property and all books and records relating thereto, and to exercise without interference from Mortgagor Borrower any and all rights which Mortgagor Borrower has with respect to the management, possession, operation, protection or preservation of the Property. Mortgagee Lender shall not be deemed to have taken possession of the Property or any part thereof except upon the exercise of its right to do so, and then only to the extent evidenced by its demand and overt act XXXXX/FREMONT ASSOCIATES DEED OF TRUST PAGE 40 specifically for such purpose. All costs, expenses and liabilities of every character reasonably incurred by Mortgagee Lender in managing, operating, maintaining, protecting or preserving the Property shall constitute a demand obligation of Mortgagor Borrower (which obligation Mortgagor Borrower hereby promises to pay) to Mortgagee Lender pursuant to this MortgageSecurity Instrument. If necessary to obtain the possession provided for above, Mortgagee Lender may invoke any and all legal remedies to dispossess MortgagorBorrower. In connection with any action taken by Mortgagee Lender pursuant to this Section, Mortgagee Lender shall not be liable for any loss sustained by Mortgagor Borrower resulting from any failure to let the Property or any part thereof, or from any act or omission of Mortgagee Lender in managing the Property unless such loss is caused by the willful misconduct and bad faith of MortgageeLender, nor shall Mortgagee Lender be obligated to perform or discharge any obligation, duty or liability of Mortgagor Borrower arising under any lease or other agreement relating to the Property or arising under any Permitted Encumbrance or otherwise arising, except as otherwise expressly provided in any subordination, non-disturbance and attornment agreement executed by Mortgagee with respect to the Property. Mortgagor Borrower hereby assents to, ratifies and confirms any and all actions of Mortgagee Lender with respect to the Property taken under this Section.