Judicial Proceedings; Right to Receiver. Upon the occurrence of an Event of Default or at any other time thereafter the Beneficiary, in lieu of, or in addition to, exercising the power of sale hereinafter given, may proceed by suit by the Trustee to foreclose its lien on, security interest in, and assignment of, the Property, to sue the Mortgagor for damages on account of or arising out of said default or breach, or for specific performance of any provision contained herein, or to enforce any other appropriate legal or equitable right or remedy. The Beneficiary shall be entitled, as a matter of right, upon bill filed or other proper legal proceedings being commenced for thx xxreclosure of this deed of trust, to the appointment by any competent court or tribunal, without notice to the Mortgagor or any other party, of a receiver of the rents, issues and profits of the Property, with power to lease and control the Property and with such other powers as may be deemed necessary.
Judicial Proceedings; Right to Receiver. Upon the occurrence and during the continuance of an Event of Default, to the extent permitted by applicable law, Agent shall have the right to proceed by suit to foreclose its lien on, security interest in, and assignment of, the Premises, to xxx Mortgagor for damages on account of or arising out of said default or breach, or for specific performance of any provision contained herein, or to enforce any other appropriate legal or equitable right or remedy. Upon the occurrence and during the continuance of an Event of Default, to the extent permitted by applicable law, Agent shall be entitled, as a matter of right (upon xxxx filed or other proper legal proceedings being commenced for the foreclosure of this Mortgage, to the extent required by law), to the appointment by any competent court or tribunal, without notice to Mortgagor or any other party, of a receiver of the rents, issues and profits of the Premises, with power to lease and control the Premises and with such other powers as may be deemed necessary and, to the extent permitted by applicable law, Mortgagor hereby waives any requirement of applicable law that Agent post a bond or similar deposit in connection with the appointment of such a receiver. Mortgagor shall pay to Agent, on demand, all expenses, including receiver’s fees, attorneys’ fees, costs and Agent’s compensation, incurred by Agent or Lenders pursuant to this Section 3.4, and any such amounts paid by Agent shall be added to the Obligations and shall be secured by this Mortgage.
Judicial Proceedings; Right to Receiver. If an Event of Default exists, the Credit Obligor, in lieu of or in addition to exercising the power of sale hereinafter given, may proceed by suit for a foreclosure of its lien on and security interest in the Collateral, to sue xxx Company for damages on account of or arising out of said default or breach, or to sue xxx Mortgagors or any of them for specific performance of any provision contained herein, or to enforce any other appropriate legal or equitable right or remedy, whether under this Mortgage, the Credit Agreement or otherwise. The Credit Obligor shall be entitled, as a matter or right, upon bill xxxed or other proper legal proceedings being commenced for the foreclosure of this Mortgage, to the appointment of any competent court or tribunal, without notice to the Mortgagors or any other party, of a receiver of the rents, issues and profits of the Collateral, with power to lease and control the Collateral and with such other powers as may be deemed necessary, subject to the rights of the Trustee under the Indenture.
Judicial Proceedings; Right to Receiver. Upon the occurrence of an Event of Default or at any time thereafter, the Bank, in lieu of, or in addition to, exercising the power of sale hereinafter given, may proceed by suit to foreclose its lien on, security interest in, and assignment of, the Property, to sue the Grantor for damages on account of or arising out of said xxfault or breach, or for specific performance of any provision contained herein, or to enforce any other appropriate legal or equitable right or remedy. The Bank shall be entitled, as a matter of right, upon proper proceedings being commenced for the foreclosure of this security deed, to the appointment by any competent court or tribunal, without notice to the Grantor or any other party, of a receiver of the rents, issues and profits of the Property, with power to lease and control the Property and with such other powers as may be deemed necessary.
