Limitation on Lender’s Responsibility. No provision of this Security Instrument shall operate to place any obligation or liability for the control, care, management or repair of the Property upon Lender, nor shall it operate to make Lender responsible or liable for any waste committed on the Property by the tenants or any other Person, or for any dangerous or defective condition of the Property, or for any negligence in the management, upkeep, repair or control of the Property resulting in loss or injury or death to any tenant, licensee, employee or stranger (unless such loss, injury or death resulted from Lender’s gross negligence, illegal act or willful misconduct). Nothing herein contained shall be construed as constituting Lender a “mortgagee in possession.”
Appears in 2 contracts
Samples: Security Agreement and Fixture Filing (Griffin Capital Essential Asset REIT II, Inc.), Security Agreement (Griffin Capital Essential Asset REIT, Inc.)
Limitation on Lender’s Responsibility. No provision of this Security Instrument shall operate to place any obligation or liability for the control, care, management or repair of the Property upon Lender, nor shall it operate to make Lender responsible or liable for any waste committed on the Property by the tenants or any other Person, or for any dangerous or defective condition of the Property, or for any negligence in the management, upkeep, repair or control of the Property resulting in loss or injury or death to any tenant, licensee, employee or stranger (unless such lossloss or damage is caused by fraud, injury or death resulted from Lender’s gross negligence, illegal act or willful misconduct), gross negligence or bad faith of Lender or its agents. Nothing herein contained shall be construed as constituting Lender a “mortgagee in possession.”
Appears in 2 contracts
Samples: Record And (FelCor Lodging Trust Inc), Deed of Trust, Security Agreement and Fixture Filing (FelCor Lodging Trust Inc)