Common use of Entry Upon Mortgaged Property Clause in Contracts

Entry Upon Mortgaged Property. Subject to any applicable provision ----------------------------- of tile Private Housing Finance Law, Mortgagee may , without notice, enter into or upon the Mortgaged Property by summary proceeding, ejectment or otherwise, and may exclude Mortgagor, Mortgagor's agents, servants, employees and all other persons therefrom; and may use, operate, manage and control the Mortgaged Property and conduct the business thereof. Upon any such entry, Mortgagee, at Mortgagor's expense, may (but shall not be obligated to) make all necessary or proper repairs, renewals arid replacements and such alterations, additions, betterments and improvements thereto and thereon as deemed appropriate by Mortgagee; and Mortgagee shall be entitled to collect and receive all Rents derived from the Mortgaged Property. No such entry or action by Mortgagee shall create any liability to Mortgagor or to any party holding or claiming by, through or under Mortgagor, nor shall such entry or action be deemed an eviction of any lessee of the Mortgaged Property or any part thereof. After deducting the expenses of conducting the business thereof and of all maintenance, repairs, renewals, replacements, alterations, additions, betterments and improvements and all amounts necessary to pay Impositions, as well as all other costs and expenses of, and reasonable compensation for the services of, Mortgagee and its attorneys, agents, and employees, Mortgagee shall apply the monies arising as aforesaid, first, to the payment of the principal due under the Note.

Entry Upon Mortgaged Property. Subject Without notice to any applicable provision ----------------------------- of tile Private Housing Finance LawMortgagor or anyone else, Mortgagee may , without notice, (i) enter into or and upon the Mortgaged Property and take possession thereof by force, summary proceeding, ejectment or otherwise, otherwise and may exclude therefrom Mortgagor, Mortgagor's agents, servants, employees and agents and all other persons therefrom; and may persons, (ii) hold, use, operate, manage manage, maintain and control the Mortgaged Property and conduct the business thereof. Upon any thereof on such entryterms as Mortgagee shall deem proper, Mortgagee(iii) collect and receive all Rents including, without limitation, those past due (instituting, at Mortgagee's election, proceedings in furtherance of such collection), (iv) apply the Rents as hereinafter provided, (v) amend, modify and terminate then existing Leases of the Mortgaged Property or any portion thereof and, in the name of Mortgagor's expense, enter into Leases of all or any portion of the Mortgaged Property, (vi) complete the construction of the Improvements, and in the course of such completion make such changes in the contemplated Improvements as Mortgagee may deem desirable, (but shall not be obligated tovii) make all necessary or proper repairs, renewals arid and replacements and such alterations, additions, improvements and betterments as Mortgagee may deem advisable, and improvements thereto (viii) generally do everything as fully and thereon effectually as deemed appropriate by Mortgagee; and if Mortgagee shall be entitled to collect and receive all Rents derived from were the absolute owner of the Mortgaged Property. No such entry or action Mortgagee shall apply the Rents (A) first, to paying the costs and expenses incurred by Mortgagee in taking actions pursuant to this paragraph (including, without limitation, cost and expenses incurred in furtherance of the rights, remedies and powers specifically set forth above and those incurred in order to insure the Mortgaged Property, pay Impositions and pay reasonable compensation for the services of Mortgagee and its employees, attorneys and agents), and (B) second, to payment of the principal of the Note then outstanding, all accrued but unpaid interest thereon, at the rate of interest provided therein and in the Loan Agreement, including any applicable Prepayment Charge, and all other indebtedness secured by this Mortgage or by any other Loan Document. Mortgagor hereby consents to the exercise by Mortgagee of the rights, remedies and powers conferred upon Mortgagee in this paragraph, provided, however, that (x) Mortgagee shall under no circumstances have any obligation to undertake any act or do anything pursuant to this paragraph and (y) no entry in or upon the Mortgaged Property or taking possession thereof or any other action or omission of Mortgagee hereunder shall make Mortgagee a "mortgagee in possession" (unless Mortgagee expressly elects such status in writing) or create any liability on the part of Mortgagee to Mortgagor or to any lessee or other party holding under or claiming bythrough Mortgagor (whether for trespass, through eviction, inconvenience, annoyance, disturbance, loss of business or under Mortgagor, nor shall such entry otherwise) except if attributable to the willful misconduct or action be deemed an eviction bad faith of any lessee Mortgagee. In furtherance of all of the Mortgaged Property or any part thereof. After deducting the expenses foregoing, Mortgagor hereby irrevocably and unconditionally appoints Mortgagee as Mortgagor's true and lawful attorney-in-fact, coupled with an interest, in Mortgagor's name and stead, with full power of conducting the business thereof and of all maintenance, repairs, renewals, replacements, alterations, additions, betterments and improvements and all amounts necessary substitution to pay Impositions, as well as all other costs and expenses of, and reasonable compensation for the services of, Mortgagee and its attorneys, agents, and employees, Mortgagee shall apply the monies arising as aforesaid, first, act pursuant to the payment provisions of the principal due under the Notethis paragraph.

Entry Upon Mortgaged Property. Subject Without notice to any applicable provision ----------------------------- of tile Private Housing Finance LawMortgagor or anyone else, Mortgagee may , without notice, (i) enter into or and upon the Mortgaged Property and take possession thereof by force, summary proceeding, ejectment or otherwise, otherwise and may exclude therefrom Mortgagor, Mortgagor's agents, servants, employees and agents and all other persons therefrom; and may persons, (ii) hold, use, operate, manage manage, maintain and control the Mortgaged Property and conduct the business thereof. Upon any thereof on such entryterms as Mortgagee shall deem proper, Mortgagee(iii) collect and receive all Rents including, without limitation, those past due (instituting, at Mortgagee's election, proceedings in furtherance of such collection), (iv) apply the Rents as hereinafter provided, (v) amend, modify and terminate then existing Leases of the Mortgaged Property or any portion thereof and, in the name of Mortgagor's expense, enter into Leases of all or any portion of the Mortgaged Property, (vi) complete the construction of the Improvements, and in the course of such completion make such changes in the contemplated Improvements as Mortgagee may deem desirable, (but shall not be obligated tovii) make all necessary or proper repairs, renewals arid and replacements and such alterations, additions, improvements and betterments as Mortgagee may deem advisable, and improvements thereto (viii) generally do everything as fully and thereon effectually as deemed appropriate by Mortgagee; and if Mortgagee shall be entitled to collect and receive all Rents derived from were the absolute owner of the Mortgaged Property. No such entry or action Mortgagee shall apply the Rents (A) first, to paying the costs and expenses incurred by Mortgagee in taking actions pursuant to this paragraph (including, without limitation, cost and expenses incurred in furtherance of the rights, remedies and powers specifically set forth above and those incurred in order to insure the Mortgaged Property, pay Impositions and pay reasonable compensation for the services of Mortgagee and its employees, attorneys and agents), and (B) second, to payment of the principal of the Note then outstanding, all accrued but unpaid interest thereon, at the rate of interest provided therein and in the Loan Agreement, including any applicable Prepayment Charge, and all other indebtedness secured by this Mortgage or by any other Loan Document. Mortgagor hereby consents to the exercise by Mortgagee of the rights, remedies and powers conferred upon Mortgagee in this paragraph, provided, however, that (x) Mortgagee shall under no circumstances have any obligation to undertake any act or do anything pursuant to this paragraph and (y) no entry in or upon the Mortgaged Property or taking possession thereof or any other action or omission of Mortgagee hereunder shall make Mortgagee a "mortgagee in possession" (unless Mortgagee expressly elects such status in writing) or create any liability on the part of Mortgagee to Mortgagor or to any lessee or other party holding under or claiming bythrough Mortgagor (whether for trespass, through eviction, inconvenience, annoyance, disturbance, loss of business or under Mortgagor, nor shall such entry otherwise) except if attributable to the willful misconduct or action be deemed an eviction bad faith of any lessee Mortgagee. In furtherance of all of the Mortgaged Property or any part thereof. After deducting the expenses foregoing, Xxxxxxxxx hereby irrevocably and unconditionally appoints Mortgagee as Xxxxxxxxx's true and lawful attorney-in-fact, coupled with an interest, in Xxxxxxxxx's name and stead, with full power of conducting the business thereof and of all maintenance, repairs, renewals, replacements, alterations, additions, betterments and improvements and all amounts necessary substitution to pay Impositions, as well as all other costs and expenses of, and reasonable compensation for the services of, Mortgagee and its attorneys, agents, and employees, Mortgagee shall apply the monies arising as aforesaid, first, act pursuant to the payment provisions of the principal due under the Notethis paragraph.

Entry Upon Mortgaged Property. Subject If an Event of Default shall have occurred and be continuing, and if and to any the extent permitted by applicable provision ----------------------------- law, (a) the Company, upon demand of tile Private Housing Finance Lawthe Trustee, Mortgagee shall forthwith surrender to the Trustee the actual possession of, and the Trustee, by such officers or agents as it may appoint, without noticemay enter upon and take possession of, enter into or the Mortgaged Property; and the Trustee may hold, operate and manage the Mortgaged Property and make all needful repairs and such renewals, replacements, betterments and improvements as to the Trustee shall seem prudent; and the Trustee may receive the rents, issues, profits, revenues and other income of the Mortgaged Property, to the extent, if any, that the same shall not then constitute Excepted Property; and, after deducting the costs and expenses of entering, taking possession, holding, operating and managing the Mortgaged Property, as well as payments for insurance and taxes and other proper charges upon the Mortgaged Property by summary proceedingprior to the Lien of this Indenture and reasonable compensation to itself, ejectment its agents and counsel, the Trustee may apply the same as provided in Section 9.07; and (b) the Company, upon request of the Trustee or otherwisethe Holders of not less than thirty-three percent (33%) in principal amount of the Securities then Outstanding, will provide the Trustee or such Holders with (i) such financial or operating data or information relating to the Mortgaged Property as the Company may possess and the Trustee or such Holders reasonably may request as necessary for the proper operation, management and maintenance of the Mortgaged Property, and may exclude Mortgagor(ii) reasonable access to such officers of the Company that are familiar with such Mortgaged Property and related business for the purpose of obtaining information necessary for the proper operation, Mortgagor's agents, servants, employees management and all other persons therefrom; maintenance of the Mortgaged Property. The Company shall provide any such information and may use, operate, manage access pursuant to clauses (b)(i) and control (ii) above without charge for up to eighteen (18) months after surrender of possession of the Mortgaged Property and conduct shall be subject to the business thereof. Upon any such entry, Mortgagee, at Mortgagor's expense, may (but shall not be obligated to) make all necessary or proper repairs, renewals arid replacements Trustee and such alterationsHolders entering into confidentiality agreements reasonably satisfactory to the Company with respect to such data or information. Whenever all that is then due in respect of the principal of and premium, additionsif any, betterments and improvements thereto interest, if any, on the Securities and thereon under any of the terms of this Indenture shall have been paid and all defaults hereunder shall have been cured or shall have been waived as deemed appropriate by Mortgagee; and Mortgagee provided in Section 9.17, the Trustee shall be entitled to collect and receive all Rents derived from the Mortgaged Property. No such entry or action by Mortgagee shall create any liability to Mortgagor or to any party holding or claiming by, through or under Mortgagor, nor shall such entry or action be deemed an eviction of any lessee surrender possession of the Mortgaged Property or any part thereof. After deducting the expenses of conducting the business thereof and of all maintenance, repairs, renewals, replacements, alterations, additions, betterments and improvements and all amounts necessary to pay Impositions, as well as all other costs and expenses of, and reasonable compensation for the services of, Mortgagee and its attorneys, agents, and employees, Mortgagee shall apply the monies arising as aforesaid, first, to the payment of the principal due under the NoteCompany.