No Waiver or Cure. (a) Each waiver by Mortgagee must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee to take action on account of any default of Mortgagor. Consent by Mortgagee to any act or omission by Mortgagor shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Mortgagee’s consent to be obtained in any future or other instance. (b) If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default or notice of default under this Mortgage or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been cured); or impair the security of this Mortgage; or prejudice Mortgagee or any receiver in the exercise of any right or remedy afforded any of them under this Mortgage; or be construed as an affirmation by Mortgagee of any tenancy, lease or option, or a subordination of the lien of this Mortgage. (i) Mortgagee, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c). (ii) Mortgagee collects and applies Rents as permitted under Sections 2.3 and 6.6 above, either with or without taking possession of all or any part of the Property. (iii) Mortgagee receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee under Section 5.5 above. (iv) Mortgagee makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 above. (v) Mortgagee receives any sums under this Mortgage or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations. (vi) Mortgagee or any receiver invokes any right or remedy provided under this Mortgage.
Appears in 7 contracts
Samples: Mortgage, Assignment of Rents, Security Agreement and Fixture Filing (CNL Healthcare Properties II, Inc.), Mortgage Assignment of Rents, Security Agreement and Fixture Filing (Bluerock Residential Growth REIT, Inc.), Open End Mortgage, Assignment of Rents, Security Agreement (Grubb & Ellis Healthcare REIT II, Inc.)
No Waiver or Cure. (a) Each waiver by Mortgagee Beneficiary must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee Beneficiary to take action on account of any default of MortgagorGrantor. Consent by Mortgagee Beneficiary to any act or omission by Mortgagor Grantor shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for MortgageeBeneficiary’s consent to be obtained in any future or other instance.
(b) If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default or notice of default under this Mortgage Deed of Trust or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been cured); or impair the security of this MortgageDeed of Trust; or prejudice Mortgagee Beneficiary or any receiver in the exercise of any right or remedy afforded any of them under this MortgageDeed of Trust; or be construed as an affirmation by Mortgagee Beneficiary of any tenancy, lease or option, or a subordination of the lien of this MortgageDeed of Trust.
(i) MortgageeTrustee or Beneficiary, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c).
(ii) Mortgagee Beneficiary collects and applies Rents as permitted under Sections 2.3 and 6.6 aboveof this Deed of Trust, either with or without taking possession of all or any part of the Property.
(iii) Mortgagee Beneficiary or Trustee receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee Beneficiary under Section 5.5 aboveof this Deed of Trust.
(iv) Mortgagee Beneficiary makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 aboveof this Deed of Trust.
(v) Mortgagee Beneficiary or Trustee receives any sums under this Mortgage Deed of Trust or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.
(vi) Mortgagee Beneficiary, Trustee or any receiver invokes any right or remedy provided under this MortgageDeed of Trust.
Appears in 3 contracts
Samples: Deed of Trust (TNP Strategic Retail Trust, Inc.), Deed of Trust (TNP Strategic Retail Trust, Inc.), Deed of Trust (TNP Strategic Retail Trust, Inc.)
No Waiver or Cure. (a) Each waiver by Mortgagee must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee to take action on account of any default of Mortgagor. Consent by Mortgagee to any act or omission by Mortgagor shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Mortgagee’s consent to be obtained in any future or other instance.
(b) If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default or notice of default under this Mortgage or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been cured); or impair the security of this Mortgage; or prejudice Mortgagee or any receiver in the exercise of any right or remedy afforded any of them under this Mortgage; or be construed as an affirmation by Mortgagee of any tenancy, lease or option, or a subordination of the lien of this Mortgage.
(i) Mortgagee, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c).
(ii) Mortgagee collects and applies Rents as permitted under Sections 2.3 and 6.6 above, either with or without taking possession of all or any part of the Property.
(iii) Mortgagee receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee under Section 5.5 and Section 5.6 above.
(iv) Mortgagee makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 5.13 above.
(v) Mortgagee receives any sums under this Mortgage or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.
(vi) Mortgagee or any receiver invokes any right or remedy provided under this Mortgage.
Appears in 3 contracts
Samples: Credit Agreement (Glimcher Realty Trust), Credit Agreement (Glimcher Realty Trust), Credit Agreement (Inland Western Retail Real Estate Trust Inc)
No Waiver or Cure. (a) Each waiver by Mortgagee Beneficiary or Trustee must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee Beneficiary or Trustee to take action on account of any default of MortgagorTrustor. Consent by Mortgagee Beneficiary or Trustee to any act or omission by Mortgagor Trustor shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Mortgagee’s Beneficiary's or Trustee's consent to be obtained in any future or other instance.
(b) If any of the events described below occurs, that event alone shall not: not cure or waive any breach, Event of Default or notice of default under this Mortgage Deed of Trust or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been curedperformed); or impair the security of this MortgageDeed of Trust; or prejudice Mortgagee Beneficiary, Trustee or any receiver in the exercise of any right or remedy afforded any of them under this MortgageDeed of Trust; or be construed as an affirmation by Mortgagee Beneficiary of any tenancy, lease or option, or a subordination of the lien of this Mortgage.Deed of Trust:
(i) MortgageeBeneficiary, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c).Property;
(ii) Mortgagee Beneficiary collects and applies Rents as permitted under Sections 2.3 and 6.6 aboveRents, either with or without taking possession of all or any part of the Property.;
(iii) Mortgagee Beneficiary receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee Beneficiary under Section 5.5 above.this Deed of Trust;
(iv) Mortgagee Beneficiary makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 above.thereon;
(v) Mortgagee Beneficiary receives any sums under this Mortgage Deed of Trust or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.;
(vi) Mortgagee Beneficiary, Trustee or any receiver performs any act which it is empowered or authorized to perform under this Deed of Trust or invokes any right or remedy provided under this MortgageDeed of Trust.
Appears in 3 contracts
Samples: Bridge Loan Agreement (Prolong International Corp), Standing Loan Agreement (Prolong International Corp), Deed of Trust (Speedway Motorsports Inc)
No Waiver or Cure. (a) Each waiver by Mortgagee must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee to take action on account of any default of Mortgagor. Consent by Mortgagee to any act or omission by Mortgagor shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Mortgagee’s 's consent to be obtained in any future or other instance.
(b) If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default or notice of default under this Mortgage or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been cured); or impair the security of this Mortgage; or prejudice Mortgagee or any receiver in the exercise of any right or remedy afforded any of them under this Mortgage; or be construed as an affirmation by Mortgagee of any tenancy, lease or option, or a subordination of the lien of this Mortgage.
(i) Mortgagee, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c).
(ii) Mortgagee collects and applies Rents as permitted under Sections 2.3 and 6.6 above, either with or without taking possession of all or any part of the Property.
(iii) Mortgagee receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee under Section 5.5 and Section 5.6 above.
(iv) Mortgagee makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 5.13 above.
(v) Mortgagee receives any sums under this Mortgage or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.
(vi) Mortgagee or any receiver invokes any right or remedy provided under this Mortgage.
Appears in 3 contracts
Samples: Mortgage, Assignment of Rents, Security Agreement (Glimcher Realty Trust), Mortgage Agreement (Glimcher Realty Trust), Open End Mortgage, Assignment of Rents, Security Agreement and Fixture Filing (Glimcher Realty Trust)
No Waiver or Cure. (a) Each waiver by Mortgagee must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee to take action on account of any default of Mortgagor. Consent by Mortgagee to any act or omission by Mortgagor Xxxxxxxxx shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Mortgagee’s 's consent to be obtained in any future or other instance.
(b) If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default or notice of default under this Mortgage or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been cured); or impair the security of this Mortgage; or prejudice Mortgagee or any receiver in the exercise of any right or remedy afforded any of them under this Mortgage; or be construed as an affirmation by Mortgagee of any tenancy, lease or option, or a subordination of the lien of this Mortgage.
(i) Mortgagee, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c).
(ii) Mortgagee collects and applies Rents as permitted under Sections 2.3 and 6.6 above, either with or without taking possession of all or any part of the Property.
(iii) Mortgagee receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee under Section 5.5 and Section 5.6 above.
(iv) Mortgagee makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 5.13 above.
(v) Mortgagee receives any sums under this Mortgage or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.
(vi) Mortgagee or any receiver invokes any right or remedy provided under this Mortgage.
Appears in 2 contracts
Samples: Open End Mortgage Assignment of Rents, Security Agreement and Fixture Filing (Glimcher Realty Trust), Open End Mortgage Assignment of Rents, Security Agreement and Fixture Filing (Glimcher Realty Trust)
No Waiver or Cure. (a) Each waiver by Mortgagee must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee to take action on account of any default of Mortgagor. Consent by Mortgagee to any act or omission by Mortgagor shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Mortgagee’s consent to be obtained in any future or other instance.
(b) If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default or notice of default under this Mortgage or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been cured); or impair the security of this Mortgage; or prejudice Mortgagee or any receiver in the exercise of any right or remedy afforded any of them under this Mortgage; or be construed as an affirmation by Mortgagee of any tenancy, lease or option, or a subordination of the lien of this Mortgage.
(i) Mortgagee, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c).
(ii) Mortgagee collects and applies Rents as permitted under Sections 2.3 and 6.6 above, either with or without taking possession of all or any part of the Property.
(iii) Mortgagee receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee under Section 5.5 5.9 above.
(iv) Mortgagee makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 5.16 above.
(v) Mortgagee receives any sums under this Mortgage or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.
(vi) Mortgagee or any receiver invokes any right or remedy provided under this Mortgage.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (CNL Lifestyle Properties Inc), Purchase and Sale Agreement (Epr Properties)
No Waiver or Cure. (a) Each waiver by Mortgagee Beneficiary must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee Beneficiary to take action on account of any default of MortgagorGrantor. Consent by Mortgagee Beneficiary to any act or omission by Mortgagor Grantor shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Mortgagee’s Beneficiary's consent to be obtained in any future or other instance.
(b) If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default or notice of default under this Mortgage Deed of Trust or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been cured); or impair the security of this MortgageDeed of Trust; or prejudice Mortgagee Beneficiary or any receiver in the exercise of any right or remedy afforded any of them under this MortgageDeed of Trust; or be construed as an affirmation by Mortgagee Beneficiary of any tenancy, lease or option, or a subordination of the lien of this MortgageDeed of Trust.
(i) MortgageeTrustee or Beneficiary, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection Section 6.3(c).
(ii) Mortgagee Beneficiary collects and applies Rents as permitted under Sections 2.3 and 6.6 above, either with or without taking possession of all or any part of the Property.
(iii) Mortgagee Beneficiary or Trustee receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee Beneficiary under Section 5.5 above.
(iv) Mortgagee Beneficiary makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 above.
(v) Mortgagee Beneficiary or Trustee receives any sums under this Mortgage Deed of Trust or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.
(vi) Mortgagee Beneficiary, Trustee or any receiver invokes any right or remedy provided under this MortgageDeed of Trust.
Appears in 1 contract
Samples: Deed of Trust (Bluerock Residential Growth REIT, Inc.)
No Waiver or Cure. (a) Each waiver by Mortgagee must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee to take action on account of any default of Mortgagor. Consent by Mortgagee to any act or omission by Mortgagor shall not be construed as a consent to any Clarksville Place, Indiana other or subsequent act or omission or to waive the requirement for Mortgagee’s 's consent to be obtained in any future or other instance.
(b) If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default or notice of default under this Mortgage or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been cured); or impair the security of this Mortgage; or prejudice Mortgagee or any receiver in the exercise of any right or remedy afforded any of them under this Mortgage; or be construed as an affirmation by Mortgagee of any tenancy, lease or option, or a subordination of the lien of this Mortgage.
(i) Mortgagee, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c).
(ii) Mortgagee collects and applies Rents as permitted under Sections 2.3 and 6.6 above, either with or without taking possession of all or any part of the Property.
(iii) Mortgagee receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee under Section 5.5 and Section 5.6 above.
(iv) Mortgagee makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 5.13 above.
(v) Mortgagee receives any sums under this Mortgage or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.
(vi) Mortgagee or any receiver invokes any right or remedy provided under this Mortgage.
Appears in 1 contract
Samples: Mortgage, Assignment of Rents, Security Agreement and Fixture Filing (Glimcher Realty Trust)
No Waiver or Cure. (a) Each waiver by Mortgagee Beneficiary or Trustee must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee Beneficiary or Trustee to take action on account of any default of MortgagorTrustor. Consent by Mortgagee Beneficiary or Trustee to any act or omission by Mortgagor Trustor shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Mortgagee’s Beneficiary's or Trustee's consent to be obtained in any future or other instance.
(b) If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default or notice of default under this Mortgage Deed of Trust or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been cured); or impair the security of this MortgageDeed of Trust; or prejudice Mortgagee Beneficiary, Trustee or any receiver in the exercise of any right or remedy afforded any of them under this MortgageDeed of Trust; or be construed as an affirmation by Mortgagee Beneficiary of any tenancy, lease or option, or a subordination of the lien of this Mortgage.Deed of Trust:
(i) MortgageeBeneficiary, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c).
(ii) Mortgagee Beneficiary collects and applies Rents as permitted under Sections 2.3 and 6.6 above6.6, either with or without taking possession --- --- of all or any part of the Property.
(iii) Mortgagee Beneficiary receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee Beneficiary under Section 5.5 above.
5.5. --- (iv) Mortgagee Beneficiary makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 abovethis Deed of Trust or under the Loan Agreement.
(v) Mortgagee receives any sums under this Mortgage or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.
(vi) Mortgagee or any receiver invokes any right or remedy provided under this Mortgage.
Appears in 1 contract
Samples: Construction Deed of Trust (Coast Hotels & Casinos Inc)
No Waiver or Cure. (a) Each waiver by Mortgagee must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee to take action on account of any default of Mortgagor. Consent by Mortgagee to any act or omission by Mortgagor shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Mortgagee’s consent to be obtained in any future or other instance.
(b) If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default or notice of default under this Mortgage or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been cured); or impair the security of this Mortgage; or prejudice Mortgagee Lender or any receiver in the exercise of any other right or remedy afforded any of them under this Mortgage; or be construed as an affirmation by Mortgagee Lender of any tenancy, lease or option, or a subordination of the lien of this Mortgage.
(ia) MortgageeLender, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c)Section 6.3.
(iib) Mortgagee Lender collects and applies Rents as permitted under Sections 2.3 and 6.6 above, either with or without taking possession of all or any part of the Property.
(iiic) Mortgagee Lender receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee Lender under Section 5.5 5.4 above.
(ivd) Mortgagee Lender makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 abovethe Loan Agreement.
(ve) Mortgagee Lender receives any sums under this Mortgage or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.
(vif) Mortgagee Lender or any receiver invokes any right or remedy provided under this Mortgage.
Appears in 1 contract
No Waiver or Cure. Portsmouth, Ohio
(a) Each waiver by Mortgagee must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee to take action on account of any default of Mortgagor. Consent by Mortgagee to any act or omission by Mortgagor Xxxxxxxxx shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Mortgagee’s 's consent to be obtained in any future or other instance.
(b) If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default or notice of default under this Mortgage or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been cured); or impair the security of this Mortgage; or prejudice Mortgagee or any receiver in the exercise of any right or remedy afforded any of them under this Mortgage; or be construed as an affirmation by Mortgagee of any tenancy, lease or option, or a subordination of the lien of this Mortgage.
(i) Mortgagee, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c).
(ii) Mortgagee collects and applies Rents as permitted under Sections 2.3 and 6.6 above, either with or without taking possession of all or any part of the Property.
(iii) Mortgagee receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee under Section 5.5 and Section 5.6 above.
(iv) Mortgagee makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 5.13 above.
(v) Mortgagee receives any sums under this Mortgage or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.
(vi) Mortgagee or any receiver invokes any right or remedy provided under this Mortgage.
Appears in 1 contract
Samples: Open End Mortgage Assignment of Rents, Security Agreement and Fixture Filing (Glimcher Realty Trust)
No Waiver or Cure. (a) Each waiver by Mortgagee must Beneficiary or Trustee shall be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee Beneficiary or Trustee to take action on account of any default of MortgagorTrustor. Consent by Mortgagee Beneficiary or Trustee to any act or omission by Mortgagor Trustor shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for MortgageeBeneficiary’s or Trustee’s consent to be obtained in any future or other instance. Reinstatement after an Event of Default shall not constitute a waiver of any Event of Default then existing or subsequently occurring, nor impair the right of Beneficiary to declare other Events of Default, nor otherwise affect this Deed of Trust or any of the Loan Documents, or any of the rights, obligations, or remedies of Beneficiary or Trustee under this Deed of Trust or any of the Loan Documents.
(b) If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default Default, or notice of default under this Mortgage Deed of Trust or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been cured); or impair the security of this MortgageDeed of Trust; or prejudice Mortgagee Beneficiary, Trustee, or any receiver in the exercise of any right or remedy afforded any of them under this MortgageDeed of Trust; or be construed as an affirmation by Mortgagee Beneficiary of any tenancy, lease or option, or a subordination of the lien of this MortgageDeed of Trust.
(i) MortgageeBeneficiary, its agent agent, or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c).this Deed of Trust; or
(ii) Mortgagee Beneficiary collects and applies Rents and enforces any Lease provision as permitted under Sections Section 2.3 and 6.6 6.7 above, either with or without taking possession of all or any part of the Property.; or
(iii) Mortgagee Beneficiary receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee Beneficiary under Section 5.5 above.; or
(iv) Mortgagee Beneficiary makes a site visit, observes the Property Property, and/or conducts tests as permitted under Section 5.12 5.14 above.; or
(v) Mortgagee Beneficiary receives any sums under this Mortgage Deed of Trust or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.; or
(vi) Mortgagee Beneficiary, Trustee, their agent or any receiver performs any act which it is empowered or authorized to perform, or invokes any right or remedy provided under this MortgageDeed of Trust.
Appears in 1 contract
Samples: Deed of Trust
No Waiver or Cure. (a) 8.2.1 Each waiver by Mortgagee must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee to take action on account of any default of Mortgagor. Consent by Mortgagee to any act or omission by Mortgagor shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Mortgagee’s 's consent to be obtained in any future or other instance.
(b) 8.2.2 If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default or notice of default under this Mortgage or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been cured); or impair the security of this Mortgage; or prejudice Mortgagee or any receiver in the exercise of any right or remedy afforded any of them under this Mortgage; or be construed as an affirmation by Mortgagee of any tenancy, lease or option, or a subordination of the lien or security interest of this Mortgage.
(ia) Mortgagee, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c)Section 6.3.3.
(iib) Mortgagee collects and applies Rents as permitted under Sections 2.3 and 6.6 aboveor exercises Mortgagor's right, title and interest under the Leases, either with or without taking possession of all or any part of the Property.
(iiic) Mortgagee receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee under Section 5.5 above5.5.
(ivd) Mortgagee makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 above5.13.
(ve) Mortgagee receives any sums under this Mortgage or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.
(vif) Mortgagee or any receiver invokes any right or remedy provided under this Mortgage.
Appears in 1 contract
Samples: Loan Agreement (MGM Grand Inc)
No Waiver or Cure. (a) Each waiver by Mortgagee Beneficiary must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee Beneficiary to take action on account of any default of MortgagorGrantor. Consent by Mortgagee Beneficiary to any act or omission by Mortgagor Grantor shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Mortgagee’s Beneficiary's consent to be obtained in any future or other instance.
(b) If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default or notice of default under this Mortgage Deed of Trust or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been cured); or impair the security of this MortgageDeed of Trust; or prejudice Mortgagee Beneficiary or any receiver in the exercise of any right or remedy afforded any of them under this MortgageDeed of Trust; or be construed as an affirmation by Mortgagee Beneficiary of any tenancy, lease or option, or a subordination of the lien of this MortgageDeed of Trust.
(i) MortgageeTrustee or Beneficiary, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c).. Twin County Mall, Galax, Virginia
(ii) Mortgagee Beneficiary collects and applies Rents as permitted under Sections 2.3 and 6.6 above, either with or without taking possession of all or any part of the Property.
(iii) Mortgagee Beneficiary or Trustee receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee Beneficiary under Section 5.5 and Section 5.6 above.
(iv) Mortgagee Beneficiary makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 5.13 above.
(v) Mortgagee Beneficiary or Trustee receives any sums under this Mortgage Deed of Trust or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.
(vi) Mortgagee Beneficiary, Trustee or any receiver invokes any right or remedy provided under this MortgageDeed of Trust.
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No Waiver or Cure. (a) Each waiver by Mortgagee must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee to take action on account of any default of Mortgagor. Consent by Mortgagee to any act or omission by Mortgagor shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Mortgagee’s 's consent to be obtained in any future or other instance.
(b) If any of the events described below occurs, that event alone shall not: not cure or waive any breach, Event of Default or notice of default under this Mortgage or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been cured); or impair the security of this Mortgage; or prejudice Mortgagee or any receiver in the exercise of any right or remedy afforded any of them under this Mortgage; or be construed as an affirmation by Mortgagee of any tenancy, lease or option, or a subordination of the lien of this Mortgage.
(i) Mortgagee, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c6.3(b).
(ii) Mortgagee collects and applies Rents as permitted under Sections 2.3 and 6.6 6.8 above, either with or without taking possession of all or any part of the Property.
(iii) Mortgagee receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee under Section 5.5 above.
(iv) Mortgagee makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 above.
(v) Mortgagee receives any sums under this Mortgage or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.
(vi) Mortgagee or any receiver invokes any right or remedy provided under this Mortgage.
Appears in 1 contract
No Waiver or Cure. (a) 9.2.1 Each waiver by Mortgagee Beneficiary or Trustee must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee Beneficiary or Trustee to take action on account of any default of MortgagorTrustor. Consent by Mortgagee Beneficiary or Trustee to any act or omission by Mortgagor Trustor shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for MortgageeBeneficiary’s or Trustee’s consent to be obtained in any future or other instance.
(b) 9.2.2 If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default or notice of default under this Mortgage Deed of Trust or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been cured); or impair the security of this MortgageDeed of Trust; or prejudice Mortgagee Beneficiary, Trustee or any receiver in the exercise of any right or remedy afforded any of them under this MortgageDeed of Trust; or be construed as an affirmation by Mortgagee Beneficiary of any tenancy, lease or option, or a subordination of the lien or security interest of this MortgageDeed of Trust.
(ia) MortgageeBeneficiary, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c)Section 6.2.3.
(iib) Mortgagee Beneficiary collects and applies Rents as permitted under Sections 2.3 and 6.6 above6.5 or exercises Trustor’s right, title and interest under the Leases, either with or without taking possession of all or any part of the Property.
(iiic) Mortgagee Beneficiary receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee Beneficiary under Section 5.5 above5.5, provided such application is in accordance with the Credit Agreement.
(ivd) Mortgagee Beneficiary makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 above5.15.
(ve) Mortgagee Beneficiary receives any sums under this Mortgage Deed of Trust or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.
(vif) Mortgagee Beneficiary, Trustee or any receiver invokes any right or remedy provided under this MortgageDeed of Trust.
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No Waiver or Cure. (a) Each waiver by Mortgagee Beneficiary must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee Beneficiary to take action on account of any default of MortgagorGrantor. Consent by Mortgagee Beneficiary to any act or omission by Mortgagor Grantor shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Mortgagee’s Beneficiary's consent to be obtained in any future or other instance.
(b) If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default or notice of default under this Mortgage Deed of Trust or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been cured); or impair the security of this MortgageDeed of Trust; or prejudice Mortgagee Beneficiary or any receiver in the exercise of any right or remedy afforded any of them under this MortgageDeed of Trust; or be construed as an affirmation by Mortgagee Beneficiary of any tenancy, lease or option, or a subordination of the lien of this MortgageDeed of Trust.
(i) MortgageeBeneficiary, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c).
(ii) Mortgagee Beneficiary collects and applies Rents as permitted under Sections 2.3 and 6.6 above, either with or without taking possession of all or any part of the Property.
(iii) Mortgagee Beneficiary receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee Beneficiary under Section 5.5 and Section 5.6 above.
(iv) Mortgagee Beneficiary makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 5.13 above.
(v) Mortgagee Beneficiary receives any sums under this Mortgage Deed of Trust or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.
(vi) Mortgagee Beneficiary or any receiver invokes any right or remedy provided under this MortgageDeed of Trust.
Appears in 1 contract
No Waiver or Cure. (a) Each waiver by Mortgagee must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee to take action on account of any default of Mortgagor. Consent by Mortgagee to any act or omission by Mortgagor shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Mortgagee’s consent to be obtained in any future or other instance.
(b) If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default or notice of default under this Mortgage Deed of Trust or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been cured); or impair the security of this MortgageDeed of Trust; or prejudice Mortgagee Lender or any receiver in the exercise of any other right or remedy afforded any of them under this MortgageDeed of Trust; or be construed as an affirmation by Mortgagee Lender of any tenancy, lease or option, or a subordination of the lien of this MortgageDeed of Trust.
(ia) MortgageeLender, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c).
(iib) Mortgagee Lender collects and applies Rents as permitted under Sections 2.3 and 6.6 above, either with or without taking possession of all or any part of the Property.
(iiic) Mortgagee Lender receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee Lender under Section 5.5 5.4 above.
(ivd) Mortgagee Lender makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 abovethe Loan Agreement.
(ve) Mortgagee Lender receives any sums under this Mortgage Deed of Trust or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.
(vif) Mortgagee Lender or any receiver invokes any right or remedy provided under this MortgageDeed of Trust.
Appears in 1 contract
Samples: Leasehold and Air Rights Deed of Trust (Wells Mid-Horizon Value-Added Fund I LLC)
No Waiver or Cure. (a) Each waiver by Mortgagee must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee to take action on account of any default of Mortgagor. Consent by Mortgagee to any act or omission by Mortgagor shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Mortgagee’s consent to be obtained in any future or other instance.
(b) If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default or notice of default under this Mortgage or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been cured); or impair the security of this Mortgage; or prejudice Mortgagee or any receiver in the exercise of any right or remedy afforded any of them under this Mortgage; or be construed as an affirmation by Mortgagee of any tenancy, lease or option, or a subordination of the lien of this Mortgage.
(i) Mortgagee, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c).
(ii) Mortgagee collects and applies Rents as permitted under Sections 2.3 and 6.6 above, either with or without taking possession of all or any part of the Property.
(iii) Mortgagee receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee under Section 5.5 above.
(iv) Mortgagee makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 above.
. (v) Mortgagee receives any sums under this Mortgage or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.
(vi) Mortgagee or any receiver invokes any right or remedy provided under this Mortgage.
Appears in 1 contract
Samples: Mortgage, Assignment of Rents, Security Agreement (CNL Healthcare Properties, Inc.)
No Waiver or Cure. (a) Each waiver by Mortgagee must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee to take action on account of any default of Mortgagor. Consent by Mortgagee to any act or omission by Mortgagor shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Mortgagee’s consent to be obtained in any future or other instance.
(b) If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default or notice of default under this Mortgage or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations (other than in respect of Cash Management Agreements, Designated Hedge Agreements and contingent indemnity obligations for which no claim has been asserted and obligations in respect of Letters of Credit that have been Cash Collateralized) then due have been paid and performed and all other defaults under the Loan Documents have been cured); or impair the security of this Mortgage; or prejudice Mortgagee or any receiver in the exercise of any right or remedy afforded any of them under this Mortgage; or be construed as an affirmation by Mortgagee of any tenancy, lease or option, or a subordination of the lien of this Mortgage.
(i) Mortgagee, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c7.3(c).
(ii) Mortgagee collects and applies Rents as permitted under Sections 2.3 and 6.6 7.6 above, either with or without taking possession of all or any part of the Property.
(iii) Mortgagee receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee under Section 5.5 aboveMortgagee.
(iv) Mortgagee makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 6.10 above.
(v) Mortgagee receives any sums under this Mortgage or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.
(vi) Mortgagee or any receiver invokes any right or remedy provided under this Mortgage.
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No Waiver or Cure. (a) Each waiver by Mortgagor or Mortgagee must be in writing, and no waiver shall is to be construed as a continuing waiver. No waiver shall is to be implied from any delay or failure by Mortgagor or Mortgagee to take action on account of any default of Mortgagoranother party. Consent by Mortgagor or Mortgagee to any act or omission by Mortgagor shall another party must not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Mortgagee or Mortgagee’s 's consent (as and if applicable) to be obtained in any future or other instance.
(b) If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default or notice of default under this Mortgage or invalidate Invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all 811 other defaults under the Loan Documents have been cured); or impair the security of this Mortgage; or prejudice Mortgagee or any receiver in the exercise of any right or remedy afforded any of them under this Mortgage; or be construed as an affirmation by Mortgagee of any tenancy, lease or option, or a subordination of the lien of this Mortgage.
(i) Mortgagee, its agent or a receiver takes possession of all ail or any part of the Property in In the manner provided in Subsection 6.3(cIn Section 7.2(c).
(ii) Mortgagee collects and applies Rents as permitted under Sections 2.3 Sections2.02 and 6.6 above, 7.05. either with or without taking possession of all ail or any part of the Property.
(iii) Mortgagee receives and applies to .to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee under Section 5.5 above5.5.
(iv) Mortgagee makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 above5.13.
(v) Mortgagee receives any sums under this Mortgage or any proceeds of any collateral held for any of the Secured Obligations, and applies them them. to one or more Secured Obligations.
(vi) Mortgagee receives any sums under this Morkgage or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.
(vii) Mortgagee or any receiver invokes any right rlght or remedy provided under this Mortgage.
Appears in 1 contract
No Waiver or Cure. (a) 9.2.1 Each waiver by Mortgagee Beneficiary must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee Beneficiary to take action on account of any default of MortgagorTrustor. Consent by Mortgagee Beneficiary to any act or omission by Mortgagor Trustor shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for MortgageeBeneficiary’s consent to be obtained in any future or other instance.
(b) 9.2.2 If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default or notice of default under this Mortgage or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed in full and all other defaults under the Loan Documents have been cured); or impair the security of this Mortgage; or prejudice Mortgagee Beneficiary or any receiver or Keeper in the exercise of any right or remedy afforded any of them under this Mortgage; or be construed as an affirmation by Mortgagee Beneficiary of any tenancy, lease Lease or option, or a subordination of the lien lien, encumbrance or security interest of this Mortgage.:
(ia) MortgageeBeneficiary, its agent or a receiver or Keeper takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c)Section 6.2.3 or otherwise.
(iib) Mortgagee Beneficiary or a receiver or Keeper collects and applies Rents as permitted under Sections 2.3 and 6.6 above6.5 or exercises Trustor’s right, title and interest under the Leases, either with or without taking possession of all or any part of the Property.
(iiic) Mortgagee Beneficiary receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee or encumber in favor of Beneficiary under Section 1.1 or 5.5 aboveor otherwise; provided such application is in accordance with the provisions of the Credit Agreement.
(ivd) Mortgagee Beneficiary makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 above5.15.
(ve) Mortgagee Beneficiary receives any sums under this Mortgage or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.
(vif) Mortgagee Beneficiary, or any receiver or Keeper invokes any right or remedy provided under this Mortgage.
Appears in 1 contract
No Waiver or Cure. (a) Each waiver by Mortgagee Beneficiary or Trustee must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee Beneficiary or Trustee to take action on account of any default of MortgagorTrustor. Consent by Mortgagee Beneficiary or Trustee to any act or omission by Mortgagor Trustor shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Mortgagee’s Beneficiary's or Trustee's consent to be obtained in any future or other instance.
(b) If any of the events described below occurs, that event alone shall not: not cure or waive any breach, Event of Default or notice of default under this Mortgage Deed of Trust or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been curedperformed); or impair the security of this MortgageDeed of Trust; or prejudice Mortgagee Beneficiary, Trustee or any receiver in the exercise of any right or remedy afforded any of them under this MortgageDeed of Trust; or be construed as an affirmation by Mortgagee Beneficiary of any tenancy, lease or option, or a subordination of the lien of this Mortgage.Deed of Trust:
(i) MortgageeBeneficiary, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c).Property;
(ii) Mortgagee Beneficiary collects and applies Rents as permitted under Sections 2.3 and 6.6 aboveRents, either with or without taking possession of all or any part of the Property.;
(iii) Mortgagee Beneficiary receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee Beneficiary under Section 5.5 above.this Deed of Trust;
(iv) Mortgagee Beneficiary makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 above.thereon;
(v) Mortgagee Beneficiary receives any sums under this Mortgage Deed of Trust or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.;
(vi) Mortgagee Beneficiary, Trustee or any receiver performs any act which it is empowered or authorized to perform under this Deed of Trust or invokes any right or remedy provided under this MortgageDeed of Trust; or
(vii) Any notice of default and election to sell under this Deed of Trust is cancelled.
Appears in 1 contract
No Waiver or Cure. (a) Each waiver by Mortgagee must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee to take action on account of any default of Mortgagor. Consent by Mortgagee to any act or omission by Mortgagor shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Mortgagee’s consent to be obtained in any future or other instance.
(b) . If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default or notice of default under this Mortgage or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been cured); or impair the security of this Mortgage; or prejudice Mortgagee or any receiver in the exercise of any right or remedy afforded any of them under this Mortgage; or be construed as an affirmation by Mortgagee of any tenancy, lease or option, or a subordination of the lien of this Mortgage.
(i) . Mortgagee, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c).
(ii) . Mortgagee collects and applies Rents as permitted under Sections 2.3 and 6.6 above, either with or without taking possession of all or any part of the Property.
(iii) . Mortgagee receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee under Section 5.5 and Section 5.6 above.
(iv) . Mortgagee makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 5.13 above.
(v) . Mortgagee receives any sums under this Mortgage or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.
(vi) . Mortgagee or any receiver invokes any right or remedy provided under this Mortgage.
Appears in 1 contract
Samples: Credit Agreement (Inland Western Retail Real Estate Trust Inc)
No Waiver or Cure. (a) Each waiver by Mortgagee must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee to take action on account of any default of Mortgagor. Consent by Mortgagee to any act or omission by Mortgagor Mxxxxxxxx shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Mortgagee’s consent to be obtained in any future or other instance.
(b) If any of the events described below occursoccurs after an uncured Event of Default, that event alone shall not: not cure or waive any breach, Event of Default or notice of default under this Mortgage or invalidate any act performed pursuant to any such If any of the events described below occurs after an uncured Event of Default, that event alone shall not cure or waive any breach, Event of Default or notice of default under this Mortgage or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been curedperformed); or impair the security of this Mortgage; or prejudice Mortgagee or any receiver in the exercise of any right or remedy afforded any of them under this Mortgage; or be construed as an affirmation by Mortgagee of any tenancy, lease or option, or a subordination of the lien of this Mortgage.:
(i1) Mortgagee receives payment of any sum secured by this Mortgage after the applicable cure period thereof;
(2) Mortgagee, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c).Secured Property;
(ii3) Mortgagee collects and applies Rents as permitted under Sections 2.3 and 6.6 aboveRents, either with or without taking possession of all or any part of the Secured Property.;
(iii4) Mortgagee receives and applies to any Secured Obligation any proceeds of any Secured Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee under Section 5.5 above.this Mortgage;
(iv5) Mortgagee makes a site visit, observes the Secured Property and/or conducts tests as permitted under Section 5.12 above.thereon;
(v6) Mortgagee receives any sums under this Mortgage or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.;
(vi7) Mortgagee or any receiver performs any act which it is empowered or authorized to perform under this Mortgage or invokes any right or remedy provided under this Mortgage.
Appears in 1 contract
No Waiver or Cure. (a) Each waiver by Mortgagee must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee to take action on account of any default of Mortgagor. Consent by Mortgagee to any act or omission by Mortgagor shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Mortgagee’s 's consent to be obtained in any future or other instance.
(b) If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default or notice of default under this Mortgage or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been cured); or impair the security of this Mortgage; or prejudice Mortgagee or any receiver in the exercise of any right or remedy afforded any of them under this Mortgage; or be construed as an affirmation by Mortgagee of any tenancy, lease or option, or a subordination of the lien of this Mortgage.
(i) Mortgagee, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c).
(ii) Mortgagee collects and applies Rents as permitted under Sections 2.3 and 6.6 above, either with or without taking possession of all or any part of the Property.
(iii) Mortgagee receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee under Section 5.5 and Section 5.6 above.. Russelville, Kentucky
(iv) Mortgagee makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 5.13 above.
(v) Mortgagee receives any sums under this Mortgage or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.
(vi) Mortgagee or any receiver invokes any right or remedy provided under this Mortgage.
Appears in 1 contract
Samples: Mortgage, Assignment of Rents, Security Agreement and Fixture Filing (Glimcher Realty Trust)
No Waiver or Cure. (a) Each waiver by Mortgagee must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee to take action on account of any default of Mortgagor. Consent by Mortgagee to any act or omission by Mortgagor shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Mortgagee’s consent to be obtained in any future or other instance.
(b) If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default or notice of default under this Mortgage or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been cured); or impair the security of this Mortgage; or prejudice Mortgagee or any receiver in the exercise of any right or remedy afforded any of them under this Mortgage; or be construed as an affirmation by Mortgagee of any tenancy, lease or option, or a subordination of the lien of this Mortgage.
(i) Mortgagee, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c).
(ii) Mortgagee collects and applies Rents as permitted under Sections 2.3 and 6.6 above, either with or without taking possession of all or any part of the Property.
(iii) Mortgagee receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee under Section 5.5 and Section 5.6 above.
(iv) Mortgagee makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 5.13 above.
(v) Mortgagee receives any sums under this Mortgage or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.
(vi) Mortgagee or any receiver invokes any right or remedy provided under this Mortgage.
Appears in 1 contract
Samples: Mortgage, Assignment of Rents, Security Agreement and Fixture Filing (Glimcher Realty Trust)
No Waiver or Cure. (a) Each waiver by Mortgagee must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee to take action on account of any default of Mortgagor. Consent by Mortgagee to any act or omission by Mortgagor shall Moxxxxxxx xhall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Mortgagee’s 's consent to be obtained in any future or other instance.
(b) If any of the events described below occurs, that event alone shall not: not cure or waive any breach, Event of Default or notice of default under this Mortgage or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been curedperformed); or impair the security of this Mortgage; or prejudice Mortgagee or any receiver in the exercise of any right or remedy afforded any of them under this Mortgage; or be construed as an affirmation by Mortgagee of any tenancy, lease or option, or a subordination of the lien of this Mortgage.:
(i) Mortgagee, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c).Property;
(ii) Mortgagee collects and applies Rents as permitted under Sections 2.3 and 6.6 aboveRents, either with or without taking possession of all or any part of the Property.;
(iii) Mortgagee receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee under Section 5.5 above.this Mortgage;
(iv) Mortgagee makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 above.thereon;
(v) Mortgagee receives any sums under this Mortgage or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.;
(vi) Mortgagee or any receiver performs any act which it is empowered or authorized to perform under this Mortgage or invokes any right or remedy provided under this Mortgage.
Appears in 1 contract
Samples: Mortgage, Assignment of Rents, Security Agreement and Fixture Filing (Solitron Devices Inc)
No Waiver or Cure. (a) Each waiver by Mortgagee must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee to take action on account of any default of Mortgagor. Consent by Mortgagee to any act or omission by Mortgagor shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Mortgagee’s consent to be obtained in any future or other instance.
(b) If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default or notice of default under this Mortgage or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been cured); or impair the security of this Mortgage; or prejudice Mortgagee or any receiver in the exercise of any right or remedy afforded any of them under this Mortgage; or be construed as an affirmation by Mortgagee of any tenancy, lease or option, or a subordination of the lien of this Mortgage.
(i) Mortgagee, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c).
(ii) Mortgagee collects and applies Rents as permitted under Sections 2.3 and 6.6 aboveof this Mortgage, either with or without taking possession of all or any part of the Property.
(iii) Mortgagee receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee under Section 5.5 aboveof this Mortgage.
(iv) Mortgagee makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 aboveof this Mortgage.
(v) Mortgagee receives any sums under this Mortgage or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.
(vi) Mortgagee or any receiver invokes any right or remedy provided under this Mortgage.
Appears in 1 contract
No Waiver or Cure. (a) Each waiver by Mortgagee must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee to take action on account of any default of Mortgagor. Consent by Mortgagee to any act or omission by Mortgagor shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Mortgagee’s 's consent to be obtained in any future or other instance.. Gratiot Center, Saginaw, Michigan
(b) If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default or notice of default under this Mortgage or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been cured); or impair the security of this Mortgage; or prejudice Mortgagee or any receiver in the exercise of any right or remedy afforded any of them under this Mortgage; or be construed as an affirmation by Mortgagee of any tenancy, lease or option, or a subordination of the lien of this Mortgage.
(i) Mortgagee, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c).
(ii) Mortgagee collects and applies Rents as permitted under Sections 2.3 and 6.6 above, either with or without taking possession of all or any part of the Property.
(iii) Mortgagee receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee under Section 5.5 and Section 5.6 above.
(iv) Mortgagee makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 5.13 above.
(v) Mortgagee receives any sums under this Mortgage or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.
(vi) Mortgagee or any receiver invokes any right or remedy provided under this Mortgage.
Appears in 1 contract
Samples: Mortgage (Glimcher Realty Trust)
No Waiver or Cure. (ai) Each waiver by Mortgagee must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee to take action on account of any default of Mortgagor. Consent by Mortgagee to any act or omission by Mortgagor shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Mortgagee’s consent to be obtained in any future or other instance.
(bii) If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default or notice of default under this Mortgage or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been cured); or impair the security of this Mortgage; or prejudice Mortgagee or any receiver in the exercise of any right or remedy afforded any of them under this Mortgage; or be construed as an affirmation by Mortgagee of any tenancy, lease or option, or a subordination of the lien of this Mortgage.
(ia) Mortgagee, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c).
(iib) Mortgagee collects and applies Rents as permitted under Sections 2.3 and 6.6 above, either with or without taking possession of all or any part of the Property.
(iiic) Mortgagee receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee under Section 5.5 and Section 5.6 above.
(ivd) Mortgagee makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 5.13 above.
(ve) Mortgagee receives any sums under this Mortgage or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.
(vif) Mortgagee or any receiver invokes any right or remedy provided under this Mortgage.
Appears in 1 contract
No Waiver or Cure. (a) Each waiver by Mortgagee Beneficiary must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee Beneficiary to take action on account of any default of MortgagorGrantor. Consent by Mortgagee Beneficiary to any act or omission by Mortgagor Grantor shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for MortgageeBeneficiary’s consent to be obtained in any future or other instance.
(b) If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default or notice of default under this Mortgage Deed of Trust or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been cured); or impair the security of this MortgageDeed of Trust; or prejudice Mortgagee Beneficiary or any receiver in the exercise of any right or remedy afforded any of them under this MortgageDeed of Trust; or be construed as an affirmation by Mortgagee Beneficiary of any tenancy, lease or option, or a subordination of the lien of this MortgageDeed of Trust.
(i) MortgageeTrustee or Beneficiary, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c).
(ii) Mortgagee Beneficiary collects and applies Rents as permitted under Sections 2.3 and 6.6 above, either with or without taking possession of all or any part of the Property.
(iii) Mortgagee Beneficiary or Trustee receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee Beneficiary under Section 5.5 above.
(iv) Mortgagee Beneficiary makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 above.
(v) Mortgagee Beneficiary or Trustee receives any sums under this Mortgage Deed of Trust or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.
(vi) Mortgagee Beneficiary, Trustee or any receiver invokes any right or remedy provided under this MortgageDeed of Trust.
Appears in 1 contract
Samples: Deed of Trust, Assignment of Rents, Security Agreement (Grubb & Ellis Healthcare REIT II, Inc.)
No Waiver or Cure. (a) Each waiver by Mortgagee must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee to take action on account of any default of Mortgagor. Consent by Mortgagee to any act or omission by Mortgagor shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Mortgagee’s 's consent to be obtained in any future or other instance.
(b) If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default or notice of default under this Mortgage or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been cured); or impair the security of this Mortgage; or prejudice Mortgagee or any receiver in the exercise of any right or remedy afforded any of them under this Mortgage; or be construed as an affirmation by Mortgagee of any tenancy, lease or option, or a subordination of the lien of this Mortgage.
(i) Mortgagee, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c).
(ii) Mortgagee collects and applies Rents as permitted under Sections 2.3 and 6.6 6.3(h) above, either with or without taking possession of all or any part of the Property.
(iii) Mortgagee receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, Blaine, Minnesota condemnation awards, or other claims, property or rights assigned to Mortgagee under Section 5.5 and Section 5.6 above.
(iv) Mortgagee makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 5.13 above.
(v) Mortgagee receives any sums under this Mortgage or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.
(vi) Mortgagee or any receiver invokes any right or remedy provided under this Mortgage.
Appears in 1 contract
No Waiver or Cure. (a) Each waiver by Mortgagee Beneficiary or Trustee must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee Beneficiary or Trustee to take action on account of any default of MortgagorGrantor. Consent by Mortgagee Beneficiary or Trustee to any act or omission by Mortgagor Grantor shall not be construed as a consent to any other or subsequent act or omission or to waive the Each waiver by Beneficiary or Trustee must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Beneficiary or Trustee to take action on account of any default of Grantor. Consent by Beneficiary or Trustee to any act or omission by Grantor shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for MortgageeBeneficiary’s or Trustee’s consent to be obtained in any future or other instance.
(b) If any of the events described below occurs, that event alone shall not: not cure or waive any breach, Event of Default or notice of default under this Mortgage Deed of Trust or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been curedperformed); or impair the security of this MortgageDeed of Trust; or prejudice Mortgagee Beneficiary, Trustee or any receiver in the exercise of any right or remedy afforded any of them under this MortgageDeed of Trust; or be construed as an affirmation by Mortgagee Beneficiary of any tenancy, lease or option, or a subordination of the lien of this Mortgage.Deed of Trust:
(i1) MortgageeBeneficiary receives payment of any sum secured by this Deed of Trust after the due date thereof;
(2) Beneficiary, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c).Secured Property;
(ii3) Mortgagee Beneficiary collects and applies Rents as permitted under Sections 2.3 and 6.6 aboveRents, either with or without taking possession of all or any part of the Secured Property.;
(iii4) Mortgagee Beneficiary receives and applies to any Secured Obligation any proceeds of any Secured Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee Beneficiary under Section 5.5 above.this Deed of Trust;
(iv5) Mortgagee Beneficiary makes a site visit, observes the Secured Property and/or conducts tests as permitted under Section 5.12 above.thereon;
(v6) Mortgagee Beneficiary receives any sums under this Mortgage Deed of Trust or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.;
(vi7) Mortgagee Beneficiary, Trustee or any receiver performs any act which it is empowered or authorized to perform under this Deed of Trust or invokes any right or remedy provided under this MortgageDeed of Trust; or
(8) Any notice of default and election to sell under this Deed of Trust is cancelled.
Appears in 1 contract
No Waiver or Cure. (a) Each waiver by Mortgagee Trustee, Beneficiary or the other Secured Parties must be in writing, and no waiver shall is to be construed as a continuing waiver. No waiver shall is to be implied from any delay or failure by Mortgagee Trustee, Beneficiary or the other Secured Parties to take action on account of any default of MortgagorGrantor. Consent by Mortgagee Trustee, Beneficiary or the other Secured Parties to any act or omission by Mortgagor shall Grantor must not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Mortgagee’s Trustee's, Beneficiary's or the other Secured Parties' consent to be obtained in any future or other instance.
(b) If . The exercise by Trustee, Beneficiary or the other Secured Parties of any right or remedy under this deed of trust or the events described below occursother Secured Obligation Documents or under Applicable Law, that event alone shall not: cure or waive any a breach, Event of Default or notice of default under this Mortgage deed of trust or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents Secured Obligation Documents, including any Interest Hedging Agreements, have been cured); or impair the security of this Mortgagedeed of trust; or prejudice Mortgagee Trustee, Beneficiary, the other Secured Parties or any receiver appointed in accordance with this deed of trust, in the exercise of any right or remedy afforded any of them under this Mortgagedeed of trust; or be construed as an affirmation by Mortgagee Beneficiary or the other Secured Parties of any tenancy, lease or option, or a subordination of the lien of this Mortgagedeed of trust.
(i) Mortgagee, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c).
(ii) Mortgagee collects and applies Rents as permitted under Sections 2.3 and 6.6 above, either with or without taking possession of all or any part of the Property.
(iii) Mortgagee receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee under Section 5.5 above.
(iv) Mortgagee makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 above.
(v) Mortgagee receives any sums under this Mortgage or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.
(vi) Mortgagee or any receiver invokes any right or remedy provided under this Mortgage.
Appears in 1 contract
Samples: Deed of Trust (Qad Inc)
No Waiver or Cure. (a) Each waiver by Mortgagee must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee to take action on account of any default of Mortgagor. Consent by Mortgagee to any act or omission by Mortgagor Xxxxxxxxx shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Mortgagee’s 's consent to be obtained in any future or other instance.. New Philadelphia, Ohio
(b) If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default or notice of default under this Mortgage or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been cured); or impair the security of this Mortgage; or prejudice Mortgagee or any receiver in the exercise of any right or remedy afforded any of them under this Mortgage; or be construed as an affirmation by Mortgagee of any tenancy, lease or option, or a subordination of the lien of this Mortgage.
(i) Mortgagee, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c).
(ii) Mortgagee collects and applies Rents as permitted under Sections 2.3 and 6.6 above, either with or without taking possession of all or any part of the Property.
(iii) Mortgagee receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee under Section 5.5 and Section 5.6 above.
(iv) Mortgagee makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 5.13 above.
(v) Mortgagee receives any sums under this Mortgage or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.
(vi) Mortgagee or any receiver invokes any right or remedy provided under this Mortgage.
Appears in 1 contract
Samples: Open End Mortgage Assignment of Rents, Security Agreement and Fixture Filing (Glimcher Realty Trust)
No Waiver or Cure. (a) Each waiver by Mortgagee Beneficiary or Trustee must be in writing, and no waiver shall is to be construed as a continuing waiver. No waiver shall is to be implied from any delay or failure by Mortgagee Beneficiary or Trustee to take action on account of any default of MortgagorTrustor. Consent by Mortgagee Beneficiary or Trustee to any act or omission by Mortgagor shall Trustor must not be construed as a consent to any other or subsequent act or omission or to waive the requirement for MortgageeBeneficiary’s or Trustee’s consent to be obtained in any future or other instance.
(b) If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default or notice of default under this Mortgage Deed of Trust or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents Documents, including any Swap Contracts, have been cured); or impair the security of this MortgageDeed of Trust; or prejudice Mortgagee Beneficiary, Trustee or any receiver in the exercise of any right or remedy afforded any of them under this MortgageDeed of Trust; or be construed as an affirmation by Mortgagee Beneficiary of any tenancy, lease or option, or a subordination of the lien of this MortgageDeed of Trust.
(i) MortgageeBeneficiary, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(csubsection 7.2(c).
(ii) Mortgagee Beneficiary collects and applies Rents as permitted under Sections 2.3 and 6.6 above7.5, either with or without taking possession of all or any part of the Property.
(iii) Mortgagee Beneficiary receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee Beneficiary under Section 5.5 above5.5.
(iv) Mortgagee Beneficiary makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 above5.13.
(v) Mortgagee Beneficiary receives any sums under this Mortgage Deed of Trust or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.
(vi) Mortgagee Beneficiary, Trustee or any receiver invokes any right or remedy provided under this MortgageDeed of Trust.
Appears in 1 contract
Samples: Deed of Trust (Cost Plus Inc/Ca/)
No Waiver or Cure. (a) Each waiver by Mortgagee must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Mortgagee to take action on account of any default of Mortgagor. Consent by Mortgagee to any act or omission by Mortgagor shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Mortgagee’s 's consent to be obtained in any future or other instance.
(b) If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default or notice of default under this Mortgage or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been cured); or impair the security of this Mortgage; or prejudice Mortgagee or any receiver in the exercise of any right or remedy afforded any of them under this Mortgage; or be construed as an affirmation by Mortgagee of any tenancy, lease or option, or a subordination of the lien of this Mortgage.
(i) Mortgagee, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Subsection 6.3(c).
(ii) Mortgagee collects and applies Rents as permitted under Sections 2.3 and 6.6 above, either with or without taking possession of all or any part of the Property.
(iii) Mortgagee receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Mortgagee under Section 5.5 and Section 5.6 above.. Prestonburg, Kentucky
(iv) Mortgagee makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.12 5.13 above.
(v) Mortgagee receives any sums under this Mortgage or any proceeds of any collateral held for any of the Secured Obligations, and applies them to one or more Secured Obligations.
(vi) Mortgagee or any receiver invokes any right or remedy provided under this Mortgage.
Appears in 1 contract
Samples: Mortgage, Assignment of Rents, Security Agreement and Fixture Filing (Glimcher Realty Trust)
