No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "mortgagee in possession" in the absence of the taking of actual possession of the Property by Lender. In the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by Borrower.
Appears in 15 contracts
Samples: Assignment of Leases and Rents (Lodging Fund REIT III, Inc.), Assignment of Leases and Rents (Bluerock Residential Growth REIT, Inc.), Assumption and Release Agreement (Blue Ridge Real Estate Co)
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "“mortgagee in possession" ” in the absence of the taking of actual possession of the Property by Lender. In the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by Borrower.
Appears in 7 contracts
Samples: Assignment of Leases and Rents (Glimcher Realty Trust), Mortgage and Security Agreement (Paladin Realty Income Properties Inc), Assignment of Leases and Rents (Carter Validus Mission Critical REIT, Inc.)
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting the Lender a "“mortgagee in possession" in the absence of the taking of actual possession of the Property by Lender. .” In the exercise of the powers herein rights granted Lenderto Lender or Designee hereunder, no liability shall be asserted or enforced against Lenderthe Lender or the Designee, all such liability being expressly waived by the Borrower and released by Borrowerthe Guarantor Parties.
Appears in 2 contracts
Samples: Deed in Lieu of Foreclosure Agreement, Deed in Lieu of Foreclosure Agreement
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "“mortgagee in possession" ” in the absence of the taking of actual possession of the Property by LenderLxxxxx. In the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by Borrower.
Appears in 2 contracts
Samples: Assignment of Leases and Rents (Moody National REIT I, Inc.), Assignment of Leases and Rents (Secured Investment Resources Fund Lp Ii)
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "“mortgagee in possession" ” in the absence of the taking of actual possession of the Property by Lender. In the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by BorrowerAssignor.
Appears in 2 contracts
Samples: Assignment and Assumption of Lease Agreement (Standard Microsystems Corp), Senior Loan Agreement (Hyatt Hotels Corp)
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "mortgagee in possession" in the absence of the taking of actual possession of the Mortgaged Property by Lender. In the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by Borrower.
Appears in 2 contracts
Samples: Assignment of Rents (Inland Real Estate Income Trust, Inc.), Loan Agreement (Coolbrands International Inc)
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "“mortgagee in possession" ” in the absence of the taking of actual possession of the Property by Lender. In the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by Borrower, unless caused by the gross negligence, willful misconduct or bad faith of Lender or its agents, employees or Affiliates.
Appears in 1 contract
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "mortgagee in possession" in the absence of the taking of actual possession of the Property by LenderXxxxxx. In the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by Borrower.
Appears in 1 contract
Samples: Loan Agreement
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "mortgagee in possession" in the absence of the taking of actual possession of the Property by Lender. In the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by BorrowerBorrower unless caused by Lender's gross negligence, bad faith or willful misconduct.
Appears in 1 contract
Samples: Assignment of Leases and Rents (Cedar Shopping Centers Inc)
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "“mortgagee in possession" ” in the absence of the taking of actual possession of the Property by Lender. In Except as set forth herein or under applicable law, in the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by Borrower.
Appears in 1 contract
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "“mortgagee in possession" ” in the absence of the taking of actual possession of the Property Premises by Lender. In the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by BorrowerAssignor.
Appears in 1 contract
Samples: Assignment of Rents and Leases (NNN 2003 Value Fund LLC)
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "mortgagee in possession" in the absence of the taking of actual possession of the Property by Lender. In Except as set forth herein or under applicable law, in the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by Borrower.
Appears in 1 contract
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "mortgagee in possession" in the absence of the taking of actual possession of the Property by Lender. In the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by each Borrower.
Appears in 1 contract
Samples: Assignment of Leases, Rents, and Contracts (Ventas Inc)
No Mortgagee in Possession. (a) Nothing herein contained shall be construed as constituting Lender a "“mortgagee in possession" ” in the absence of the taking of actual possession of the Property by Lender. In the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by Borrower.
Appears in 1 contract
Samples: Assignment of Leases and Rents (Behringer Harvard Reit I Inc)
