Common use of No Mortgagee in Possession Clause in Contracts

No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Agent a “mortgagee in possession” in the absence of the taking of actual possession of the Property by Agent. In the exercise of the powers herein granted to Agent, no liability shall be asserted or enforced against Agent, all such liability being expressly waived and released by Assignor.

Appears in 15 contracts

Samples: Credit Agreement (Jernigan Capital, Inc.), Credit Agreement (Jernigan Capital, Inc.), Assignment of Leases and Rents (Carter Validus Mission Critical REIT, Inc.)

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No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Agent a "mortgagee in possession" in the absence of the taking of actual possession of the Property by Agent. In the exercise of the powers herein granted to Agent, no liability shall be asserted or enforced against Agent, all such liability being expressly waived and released by Assignor.

Appears in 1 contract

Samples: Master Credit Agreement (JDN Realty Corp)

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No Mortgagee in Possession. Nothing herein contained shall be construed -------------------------- as constituting Agent a "mortgagee in possession" in the absence of the taking of actual possession of the Property by Agent. In the exercise of the powers herein granted to Agent, no liability shall be asserted or enforced against Agent, all such liability being expressly waived and released by Assignor.

Appears in 1 contract

Samples: Assignment of Leases and Rents (JDN Realty Corp)

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