No Liability of Lender. This Assignment shall not be construed to be an assumption of, or to bind Lender to the performance of, any of the covenants, conditions or provisions contained in any Lease or Lease Guaranty or otherwise impose any obligation upon Lender. Lender shall not be liable for any loss sustained by Borrower resulting from Lender's failure to lease the Mortgaged Property or any portion thereof, after an Event of Default or from any other act or omission of Lender in managing the Mortgaged Property after an Event of Default unless such loss is caused by the willful misconduct or gross negligence of Lender. This Assignment shall not operate to place any obligation or liability for the control, care, management or repair of the Mortgaged Property upon Lender, nor for the carrying out of any of the terms and conditions of the Leases or any Lease Guaranties; nor shall it operate to make Lender responsible or liable for any waste committed on the Mortgaged Property by the tenants or any other parties or for any dangerous or defective condition of the Mortgaged Property, including the presence of any Hazardous Substances, or for any negligence in the management, upkeep, repair or control of the Mortgaged Property resulting in loss or injury or death to any tenant, licensee, employee or stranger.
Appears in 3 contracts
Samples: Assignment of Rents And (Owens Realty Mortgage, Inc.), Owens Realty Mortgage, Inc., Inland Real Estate Income Trust, Inc.
No Liability of Lender. This Assignment shall not be construed to be an assumption of, or to bind Lender to the performance of, any of the covenants, conditions conditions, or provisions contained in any Lease or Lease Guaranty or otherwise impose any obligation upon Lender. Lender shall not be liable for any loss sustained by Borrower Grantor resulting from Lender's Xxxxxx’s failure to lease any of the Mortgaged Property or any portion thereof, after an Event of Default or from any other act or omission of Lender in managing the Mortgaged Property after an Event of Default Default, unless such loss is caused by the willful misconduct or gross negligence of Lender. This Assignment shall not operate to place any obligation or liability for the control, care, management management, or repair of the Mortgaged Property upon Lender, nor for the carrying out of any of the terms and conditions of the Leases or any Lease Guaranties; nor shall it operate to make Lender responsible or liable for any waste committed on the Mortgaged Property by the tenants or any other parties or for any dangerous or defective condition of the Mortgaged Property, including the presence of any Hazardous SubstancesSubstances (as defined in that certain Environmental Indemnity Agreement dated as of May __, 2012, executed by Grantor in favor of Xxxxxx), or for any negligence in the management, upkeep, repair repair, or control of the Mortgaged Property resulting in loss or injury loss, injury, or death to any tenant, licensee, employee employee, or stranger.
Appears in 2 contracts
Samples: Assignment of Rents (Hartman Short Term Income Properties XX, Inc.), Assignment of Rents (Hartman Short Term Income Properties XX, Inc.)
No Liability of Lender. This Assignment shall not be construed to be an assumption of, or to bind Lender to the performance of, any of the covenants, conditions conditions, or provisions contained in any Lease or Lease Guaranty or otherwise impose any obligation upon Lender. Lender shall not be liable for any loss sustained by Borrower resulting from Lender's Xxxxxx’s failure to lease any of the Mortgaged Property or any portion thereof, after an Event of Default or from any other act or omission of Lender in managing the Mortgaged Property after an Event of Default Default, unless such loss is caused by the willful misconduct or gross negligence of Lender. This Assignment shall not operate to place any obligation or liability for the control, care, management management, or repair of the Mortgaged Property upon Lender, nor for the carrying out of any of the terms and conditions of the Leases or any Lease Guaranties; nor shall it operate to make Lender responsible or liable for any waste committed on the Mortgaged Property by the tenants or any other parties or for any dangerous or defective condition of the Mortgaged Property, including the presence of any Hazardous SubstancesSubstances (as defined in that certain Environmental Indemnity Agreement dated as of May 10, 2012, executed by Xxxxxxxx in favor of Xxxxxx), or for any negligence in the management, upkeep, repair repair, or control of the Mortgaged Property resulting in loss or injury loss, injury, or death to any tenant, licensee, employee employee, or stranger.
Appears in 1 contract
Samples: Assignment of Rents (Hartman Short Term Income Properties XX, Inc.)
No Liability of Lender. This Assignment shall not be construed to be an assumption of, or to bind Lender to the performance of, any of the covenants, conditions or provisions contained in any Lease or Lease Guaranty or otherwise impose any obligation upon Lender. Lender shall not be liable for obligated to perform or discharge, nor does Lender hereby undertake to perform or discharge, any loss sustained obligation, duty or liability of Borrower under any of the Leases or under or by Borrower resulting reason of this Assignment, except those arising from Lender's failure to lease the Mortgaged Property or any portion thereof, and after an Event Xxxxxx takes possession of Default or from any other act or omission of Lender in managing the Mortgaged a Property after an Event of Default unless such loss is caused by the willful misconduct or gross negligence Default. Prior to Xxxxxx's taking possession of Lender. This any Property after an Event of Default, this Assignment shall not operate to place any obligation or liability upon Lender responsibility for the control, care, management or repair of the Mortgaged Property upon Lendersuch Property, nor for the carrying out of any of the terms and conditions of any of the Leases or any Lease Guaranties; Leases, nor shall it operate to make Lender responsible or liable for any waste committed on the Mortgaged Property by the tenants or any other parties or Property, for any dangerous or defective condition of the Mortgaged any Property, including the presence of any Hazardous Substances, or for any negligence in the management, upkeep, repair or control of the Mortgaged any Property resulting in loss or injury or death to any tenantperson. Lender shall not be liable for any loss sustained by Borrower resulting from Xxxxxx's failure to let a Property after taking possession of such Property after an Event of Default, licenseeunless such loss is caused by the willful misconduct, employee illegal action or strangergross negligence of Lender.
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No Liability of Lender. This Assignment shall not be construed to be an assumption of, or to bind Lender to the performance of, any of the covenants, conditions or provisions contained in any Lease or Lease Guaranty or otherwise impose any obligation upon LenderLeader. Lender shall not be liable for any loss sustained by Borrower resulting from Lender's failure to lease the Mortgaged Property Property, or any portion thereof, after an Event of Default or from any other act or omission of Lender in managing the Mortgaged Property after an Event of Default unless such loss is caused by the willful misconduct or gross negligence of Lender. This Assignment shall not operate to place any obligation or liability for the control, care, management or repair of the Mortgaged Property upon Lender, nor for the carrying out of any of the terms and conditions of the Leases or any Lease Guaranties; nor shall it operate to make Lender responsible or liable for any waste committed on the Mortgaged Property by the tenants or any other parties parties, or for any dangerous or defective condition of the Mortgaged Property, including without limitation the presence of any Hazardous Substances, or for any negligence in the management, upkeep, repair or control of the Mortgaged Property resulting in loss or injury or death to any tenant, licensee, employee or stranger.
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