MORTGAGEE’S REMEDIES. Immediately upon or any time that an Event of Default exists, Mortgagee may exercise any remedy available at law or in equity, including, but not limited to, those listed below and those listed in the other Loan Documents, in such sequence or combination as Mortgagee may determine in Mortgagee’s sole discretion:
MORTGAGEE’S REMEDIES. The mortgagee under any mortgage granted by the Sublessee may exercise any remedies available to it under its mortgage, and in particular, without limiting the generality of the foregoing, may enforce the mortgage and acquire title to this Sublease in any lawful way, directly, by its representative or by a receiver, as the case may be, and in such event may take possession of and manage the Leased Premises and sell or assign this Sublease, with the consent of the Minister and subject to the requirements set out in Section 24.1, in which case the assignee or transferee of the Sublease shall be liable to assume, abide by and perform the covenants, agreements, obligations and liabilities imposed on the Sublessee by this Sublease so long as such assignee or transferee has ownership or possession of the Leased Premises.
MORTGAGEE’S REMEDIES. Upon the occurrence of an Event of Default, Mortgagee shall have the right to exercise all rights and remedies provided by law or in equity to which Mortgagee is entitled including, without limitation, (a) the right to proceed to protect and enforce its rights by any action at law, in equity or other appropriate proceeding, whether for the specific performance of any agreement contained herein or for an injunction against a violation of any of the terms, conditions, or provisions hereof or in the aid of the exercise of any power granted hereby or by law; (b) the right to declare the entire amount of the Note and all interest thereon, or, at its option, any part of the foregoing, to be immediately due and payable without further demand or notice; (c) the right to, at any time or from time to time, proceed at law or in equity or otherwise to foreclose the lien of this Mortgage as against all or any part of the Premises; (d) upon the filing of a suit or other commencement of judicial proceeding to enforce the rights of the Mortgagee under this Mortgage, Mortgagee shall be entitled, as a matter of right, to the appointment of a receiver or receivers of the Premises and to receive all receipts therefrom pending such proceedings, with such power as the court making such appointment shall confer; and (e) the right to demand that Mortxxxxx xxxrenders the possession of the Premises subject to the rights of any lessee, to take possession of all or any part of the Premises together with all books, papers and accounts of Mortgagor pertaining thereto and to operate and manage the same and from time to time to make all needful repairs and improvements as Mortgagee may deem reasonable; and to lease the Premises or any part thereof in the name of and for the account of the Mortgagor and to collect and receive and sequester the rents, revenues and other income after deducting all proper costs and expenses of so taking, holding and managing the same, including reasonable compensation to Mortgagee.
MORTGAGEE’S REMEDIES. (a) During the continuance of any Event of Default, Mortgagee, without notice or presentment, each of which are hereby waived by Mortgagor, may, subject to the provisions of the Agreement, declare the entire principal of the Secured Obligations then outstanding and all accrued and unpaid interest thereon and all other amounts owing in respect thereof (if not then due and payable, whether by acceleration or otherwise), to be due and payable immediately, and upon any such declaration the principal of the Secured Obligations and said accrued and unpaid interest shall become and be immediately due and payable, anything in the instruments evidencing the Secured Obligations or in this Mortgage to the contrary notwithstanding;
MORTGAGEE’S REMEDIES. At any time following the occurrence of any Event of Default (but only during the continuance thereof), Mortgagee may (but need not), as Mortgagee deems advisable to protect and enforce its rights against Mortgagor and in and to the Mortgaged Property, and without impairing or otherwise affecting the other rights and remedies of Mortgagee, take any one or more of the following actions, at such times and in such order as Mortgagee shall determine in its sole discretion:
MORTGAGEE’S REMEDIES. 13. The Mortgagee may:
MORTGAGEE’S REMEDIES. In the case of default in the payment, or any other terms, of said note, or a default of any of the terms, conditions, covenants and agreements contained in this mortgage. Mortgagee may declare a violation of any of the covenants herein contained and elect to foreclose upon the property, judicial or otherwise, pursuant to the laws of the State of Colorado now enacted or hereafter amended. Out of the proceeds of any mortgage foreclosure after first paying and retaining all fees, charges and costs for such foreclosure, the proceeds from the foreclosure shall be paid to Mortgagee to pay the principal and interest due thereon according to the tenor and effect thereof, and all the monies advanced by Mortgagee, for insurance, taxes and assessments and prior encumbrances, with interest thereon at twelve percent (12%) per annum, rending the overplus, if any, unto the Mortgagor. If a release deed is required it is agreed that Mortgagor will pay the expense thereof. Mortgagee may purchase the property or any part thereof at any judicial sale and they will not be obligated at any such sale to see to the application of the purchase money. At the foreclosure sale the property may be sold or disposed of en masse or in separate parcels as the Mortgagee may thing best. 5.
MORTGAGEE’S REMEDIES. 10 24. APPLICATION OF PROCEEDS . . . . . . . . . . . . . . . . . . . . . . . . 14 25. CHANGES IN THE LAWS REGARDING TAXATION. . . . . . . . . . . . . . . . . 14
MORTGAGEE’S REMEDIES. Upon the occurrence and during the continuance of any Event of Default (beyond the expiration of applicable notice and cure periods), Mortgagee may take such actions against Mortgagor and/or against any Mortgaged Property or any portion thereof or with respect to all of the Mortgaged Property or any portion thereof as Mortgagee determines is necessary to protect and enforce its rights hereunder, without notice or demand except as set forth below. Any such actions taken by Mortgagee shall be cumulative and concurrent and may be pursued independently, singly, successively, together or otherwise, at such time and in such order as Mortgagee may determine in its sole discretion, to the fullest extent permitted by law, without impairing or otherwise affecting the other rights and remedies of Mortgagee permitted by law, equity or con- tract or as set forth herein or in the other Loan Documents. Such actions may include the following:
MORTGAGEE’S REMEDIES. In the event of any default hereunder, --------------------- Mortgagee, its successors or assigns, may, at its sole option, elect to foreclose this Mortgage. Following the occurrence of a default, Mortgagee or the holder of the certificate of purchase after a foreclosure sale, acting by and through a Receiver appointed in accordance with law, shall at once become entitled to the possession, use and enjoyment of the Property, and to the rents, issues and profits thereof, from the date of occurrence of the default and during the pendency of foreclosure proceedings and the period of redemption, if any there be; and such possession shall at once be delivered to such Receiver appointed in accordance with law; and Mortgagee, or the holder of said certificate of purchase, shall be entitled to a Receiver for said Property and of the rents, issues and profits thereof, whether or not foreclosure proceedings have been commenced, and without regard to the solvency or insolvency of Mortgagor or of the then owner of said Property and without regard to the value thereof, and such Receiver may be appointed by any court of competent jurisdiction upon ex parte application and without notice; and all rents, issues -- ----- and profits, income and revenue therefrom shall be applied by such Receiver to the payment of the damages occasioned by Mortgagee on account of such default, according to law and the orders and directions of the Court.
