Lender’s Rights on Default. Upon the occurrence of an Event of Default, the Lender may take such actions available under the terms of the Loan Documents or any other documents delivered pursuant hereto or in connection herewith or take such actions as may otherwise be available in equity or at law. In addition, upon the occurrence of an Event of Default, and the expiration of any applicable cure period, if any:
(a) The Lender may terminate the commitment to lend under this Loan Agreement by written notice to the Borrower;
(b) The Lender may declare immediately due and payable all unpaid principal of and accrued interest on the Note, together with all other sums payable hereunder, and the same shall thereupon be immediately due and payable without presentment or other demand, protest, notice of dishonor or any other notice of any kind, all of which are hereby expressly waived;
(c) The Lender may set off any funds in the account(s) that is the subject of the Lockbox Agreement with the Borrower, without notice to the Borrower;
(d) The Lender may enter upon the real estate where the Collateral is located, wherever that may be at the time of the default, and take possession of the Collateral. The Borrower shall be liable under this Loan Agreement to pay to the Lender, on demand, any amount or amounts expended by the Lender in so completing the location of and recovery of the Collateral, together with any costs, charges, or expenses incident thereto or resulting therefrom, all of which shall be secured by the Security Agreement. In the event that a proceeding is instituted against the Borrower for recovery and reimbursement of any moneys expended by the Lender in connection with the location of and recovery of the Collateral, a statement of such expenditures, verified by the affidavit of an officer of the Lender, shall be prima facie evidence of the amounts so expended and of the propriety of and necessity for such expenditures; and the burden of proving to the contrary shall be upon the Borrower. It is expressly understood and agreed that in no event shall the Lender be obligated or liable in any way to locate and recover the Collateral; and
(e) Obtain appraisals of the Collateral at Borrower’s expense, which Borrower agrees to reimburse Lender for within ten (10) days of demand therefor.
Lender’s Rights on Default. If a Default occurs, the Lender, where and to the extent permitted by Applicable Laws, and then in any order that the Lender chooses, may do any one or more of the following:
a. demand immediate payment of all the Indebtedness, in which case the Indebtedness will become immediately due and payable;
b. demand immediate performance of all Obligations, in which case the performance of the Obligations will become immediately due;
c. sue the Borrower for money that is due in respect of the Indebtedness or the performance of Obligations, or both;
x. xxxx proceedings and any other legal steps to compel the Borrower to satisfy the Indebtedness or perform the Obligations, or both;
e. enter upon and take possession of the Property;
x. xxxx the Property and any other property mortgaged by the Borrower to the Lender by public auction or private sale on terms decided by the Lender, including selling the Property for cash or credit or any combination of the two:
(i) on thirty-five (35) days notice to the Borrower if the Default has continued for fifteen (15) days (or longer or other period, if required by Applicable Laws); or
(ii) without notice to the Borrower if the Default has continued for sixty (60) days or more (if and to the extent permitted by Applicable Laws);
g. lease the Property on terms decided by the Lender:
(i) on fifteen (15) days notice to the Borrower if the Default has continued for fifteen (15) days (or longer or other period, if required by Applicable Laws); or
(ii) without notice to the Borrower if the Default has continued for thirty (30) days or more (if and to the extent permitted by Applicable Laws);
h. apply to a Court for an order that the Property be sold on terms approved by the Court;
i. apply to a Court to foreclose the Borrower’s interest in the Property so that when the Court makes its final order of foreclosure the Borrower’s interest in the Property will be absolutely vested in and belong to the Lender;
j. apply to a Court to have a receiver or receiver and manager or comparable officer of the Court appointed with respect to the Property or appoint a Receiver of the Property under this Mortgage;
x. enter upon and take possession of the Property without the permission of anyone and make any arrangements the Lender considers necessary to:
(i) inspect, lease, collect rents or manage the Property;
(ii) complete the construction of any building on the Property; or
(iii) repair any building on the Property; and
l. take whatever action is ne...
Lender’s Rights on Default. Upon the occurrence of any one or more of the Events of Default, and at any time thereafter:
Lender’s Rights on Default. Upon default and at any time thereafter, City may declare all obligations secured hereby immediately due and payable and shall have the remedies under the UCC, including without limitation the right to take immediate and exclusive possession of the Collateral, or any part thereof, and for that purpose may, so far as Company can give authority therefore, with or without judicial process, enter (if this can be done without breach of the peace), upon any premises on which the Collateral or any part thereof may be situated and remove the same therefrom (provided that if the Collateral is affixed to real estate, such removal shall be subject to the conditions stated in the UCC); and the City shall be entitled to hold, maintain, preserve and prepare the Collateral for sale, until disposed of, or may propose to retain the Collateral subject to Company's right of redemption in satisfaction of the Company's obligations as provided in the UCC. City without removal may render the Collateral unusable and dispose of the Collateral on Company's premises. City may require Company to disassemble and/or assemble the Collateral and make it available to City for possession at a place to be designated by City which is reasonably convenient to both parties. Unless the Collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, City will give Company at least five (5) days' notice of the time and place of any public sale thereof or of the time after which any private sale or any other intended disposition thereof is to be made. The requirements of reasonable notice shall be met if such notice is mailed, postage prepaid, to the address of Company shown at the beginning of this agreement at least ten (10) days before the time of the sale or disposition. City may buy the Collateral at any public sale. The remedies of the City hereunder are cumulative and the exercise of any one or more of the remedies provided for herein or under the UCC shall not be construed as a waiver of any of the other remedies of the City so long as any part of the Reimbursement Obligation remains unsatisfied. Notwithstanding any other provision of this Agreement, City shall not be deemed to have accepted any property other than cash in satisfaction of any obligation of Company to City unless City shall make an express written election of said remedy.
Lender’s Rights on Default. Upon the occurrence of an Event of Default Lender may exercise any and all of Lender's remedies provided in any or all of the Loan Documents.
Lender’s Rights on Default. Upon the occurrence and during the continuance of an Event of Default, Lender shall have the right forthwith, at its election, to exercise any and all rights and remedies available to it at law or in equity, and, in addition, Lender shall have the following specific rights, which shall be cumulative and not exclusive and in addition to any other rights granted to Lender under the Loan Documents or otherwise:
