Occupancy After Foreclosure. The purchaser at any foreclosure sale pursuant to Section 4.1(d) shall become the legal owner of the Mortgaged Property. All occupants of the Mortgaged Property shall, at the option of such purchaser, become tenants of the purchaser at the foreclosure sale and shall deliver possession thereof immediately to the purchaser upon demand. It shall not be necessary for the purchaser at said sale to bring any action for possession of the Mortgaged Property other than the statutory action of forcible detainer in any justice court having jurisdiction over the Mortgaged Property.
Appears in 9 contracts
Samples: Deed of Trust (Green Plains Inc.), Mortgage, Security Agreement, Assignment of Leases and Rents and Financing Statement (Green Plains Inc.), Deed of Trust, Security Agreement, Assignment of Leases and Rents and Fixture Filing (Green Plains Inc.)
Occupancy After Foreclosure. The purchaser at any foreclosure sale pursuant to Section 4.1(d3.1(d) shall become the legal owner of the Mortgaged Property. All occupants of the Mortgaged Property shall, at the option of such purchaser, become tenants of the purchaser at the foreclosure sale and shall deliver possession thereof immediately to the purchaser upon demand. It shall not be necessary for the purchaser at said sale to bring any action for possession of the Mortgaged Property other than the statutory action of forcible detainer in any justice court having jurisdiction over the Mortgaged Property.
Appears in 7 contracts
Samples: Mortgage (Millrose Properties, Inc.), Mortgage (Millrose Properties, Inc.), Mortgage (Millrose Properties, Inc.)
Occupancy After Foreclosure. The purchaser at any foreclosure sale pursuant to Section 4.1(d) 4.1.4 shall become the legal owner of the Mortgaged Property. All occupants of the Mortgaged Property shall, at the option of such purchaser, become tenants of the purchaser at the foreclosure sale and shall deliver possession thereof immediately to the purchaser upon demand. It shall not be necessary for the purchaser at said sale to bring any action for possession of the Mortgaged Property other than the statutory action of forcible detainer in any justice court having jurisdiction over the Mortgaged Property.
Appears in 5 contracts
Samples: Credit Agreement (Auto Disposal of Memphis, Inc.), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing for Commercial Purposes (IAA Acquisition Corp.), Credit Agreement (Regal Cinemas Corp)
Occupancy After Foreclosure. The purchaser at any foreclosure sale pursuant to Section 4.1(d6.1(c) shall become the legal owner of the Mortgaged PropertyCollateral or the portion thereof foreclosed. All occupants (except those which have previously executed a prior written agreement with purchaser) of the Mortgaged Property shall, at the option of such purchaser, Collateral or any part thereof shall become tenants at sufferance of the purchaser at the foreclosure sale and shall deliver possession thereof immediately to the purchaser upon demand. It shall not be necessary for , subject to the purchaser at said sale to bring any action for possession rights, if any, of the Mortgaged Property other than the statutory action of forcible detainer in any justice court having jurisdiction over the Mortgaged PropertyTenants.
Appears in 4 contracts
Samples: Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing (Morgans Hotel Group Co.), Credit Agreement (Morgans Hotel Group Co.), Credit Agreement (Morgans Hotel Group Co.)
Occupancy After Foreclosure. The purchaser at any foreclosure sale pursuant to Section 4.1(d) 3.1.4 shall become the legal owner of the Mortgaged Property. All occupants of the Mortgaged Property shall, at the option of such purchaser, become tenants of the purchaser at the foreclosure sale and shall deliver possession thereof immediately to the purchaser upon demand. It shall not be necessary for the purchaser at said sale to bring any action for possession of the Mortgaged Property other than the statutory action of forcible detainer in any justice court having jurisdiction over the Mortgaged Property.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (KAR Auction Services, Inc.), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (M & F Worldwide Corp)
Occupancy After Foreclosure. The purchaser at any foreclosure sale pursuant to Section 4.1(dParagraph 6.1(d) shall become the legal owner of the Mortgaged PropertyProperty or the portion thereof foreclosed. All occupants (except those which have previously executed a prior written agreement with purchaser) of the Mortgaged Property shall, at the option of such purchaser, or any part thereof shall become tenants at sufferance of the purchaser at the foreclosure sale and shall deliver possession thereof immediately to the purchaser upon demand. It shall not be necessary for the purchaser at said sale to bring any action for possession of the Mortgaged Property other than the statutory action of forcible detainer in any justice court having jurisdiction over the Mortgaged Property.
Appears in 2 contracts
Samples: Deed to Secure Debt, Security Agreement and Assignment of Leases and Rents (Roberts Realty Investors Inc), Deed to Secure Debt, Security Agreement and Assignment of Leases and Rents (Roberts Realty Investors Inc)
Occupancy After Foreclosure. The purchaser at any foreclosure sale pursuant to Section 4.1(d) this Deed of Trust shall become the legal owner of the Mortgaged Property. All occupants of the Mortgaged Property shall, at the option of such purchaser, become tenants of the purchaser at the foreclosure sale and shall deliver possession thereof immediately to the purchaser upon demand. It shall not be necessary for the purchaser at said sale to bring any action for possession of the Mortgaged Property other than the statutory action of forcible detainer in any justice court having jurisdiction over the Mortgaged Property.
Appears in 2 contracts
Samples: Deed of Trust (M & F Worldwide Corp), Deed of Trust (M & F Worldwide Corp)
Occupancy After Foreclosure. The purchaser at any foreclosure sale pursuant to Section 4.1(d4.2(d) shall become the legal owner of the Mortgaged Property. All occupants of the Mortgaged Property shall, at the option of such purchaser, become tenants of the purchaser at the foreclosure sale and shall deliver possession thereof immediately to the purchaser upon demand. It shall not be necessary for the purchaser at said sale to bring any action for possession of the Mortgaged Property other than the statutory action of forcible detainer in any justice court having jurisdiction over the Mortgaged Property.
Appears in 2 contracts
Samples: Deed of Trust, Security Agreement and Fixture Filing (360 Global Wine Co), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Behringer Harvard Short Term Opportunity Fund I Lp)
Occupancy After Foreclosure. The purchaser at any foreclosure sale pursuant to Section 4.1(d3.1(d) shall become the legal owner of the Mortgaged PropertyProperty (subject to Permitted Encumbrances). All occupants of the Mortgaged Property shall, at the option of such purchaser, become tenants of the purchaser at the foreclosure sale and shall deliver possession thereof immediately to the purchaser upon demand. It shall not be necessary for the purchaser at said sale to bring any action for possession of the Mortgaged Property other than the statutory action of forcible detainer in any justice court having jurisdiction over the Mortgaged Property.
Appears in 2 contracts
Samples: Mortgage, Assignment of Rents and Leases, Collateral Assignment of Property Agreements, Security Agreement and Fixture Filing (Glimcher Realty Trust), Deed of Trust, Assignment of Rents and Leases, Collateral Assignment of Property Agreements, Security Agreement and Fixture Filing (Glimcher Realty Trust)
Occupancy After Foreclosure. The Subject to applicable law, the purchaser at any foreclosure sale pursuant to Section 4.1(d) 4.1.4 shall become the legal owner of the Mortgaged Property. All occupants of the Mortgaged Property shall, at the option of such purchaser, become tenants of the purchaser at the foreclosure sale and shall deliver possession thereof immediately to the purchaser upon demand. It shall not be necessary for the purchaser at said sale to bring any action for possession of the Mortgaged Property other than the statutory action of forcible detainer in any justice court having jurisdiction over the Mortgaged Property.
Appears in 2 contracts
Samples: Credit Agreement (Uap Holding Corp), Open End Mortgage, Security Agreement and Fixture Filing (Ironton Iron Inc)
Occupancy After Foreclosure. The purchaser at any foreclosure sale pursuant to Section 4.1(d) 4.1.4 shall become the legal owner of the Mortgaged Property. All occupants of the Mortgaged Property shall, at the option of such purchaser, become tenants of the purchaser at the foreclosure sale and shall deliver possession thereof immediately to the purchaser upon demand. It shall not be necessary for the purchaser at said sale to bring any action for possession of the Mortgaged Property other than the statutory action of forcible detainer in any justice court having jurisdiction over the Mortgaged Property.
Appears in 2 contracts
Samples: Indenture (Edgen Group Inc.), Indenture (Edgen Murray II, L.P.)
Occupancy After Foreclosure. The purchaser at any foreclosure sale pursuant to Section 4.1(d) shall become the legal owner of the Mortgaged Property. All occupants of the Mortgaged Property shall, at the option of such purchaser, become tenants of the purchaser at the foreclosure sale and shall deliver possession thereof immediately to the purchaser upon demand, subject to the terms of any subordination, non-disturbance and attornment agreements binding upon such purchaser and such occupants. It shall not be necessary for the purchaser at said sale to bring any action for possession of the Mortgaged Property other than the statutory action of forcible detainer in any justice court having jurisdiction over the Mortgaged Property.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Metropolis Realty Trust Inc)
Occupancy After Foreclosure. The purchaser at any foreclosure sale pursuant to Section 4.1(d) shall become the legal owner of the Mortgaged Property. All occupants of the Mortgaged Property shall, at the option of such purchaser, become tenants of the purchaser at the foreclosure sale and shall deliver possession thereof immediately to the purchaser upon demand. It shall not be necessary for the purchaser at said sale to bring any action for possession of the Mortgaged Property other than the statutory action of forcible detainer in any justice court having jurisdiction over the Mortgaged Property..
Appears in 1 contract
Samples: Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing (Green Plains Inc.)
Occupancy After Foreclosure. The purchaser at any foreclosure sale pursuant to Section 4.1(d) SECTION 4.1.4 shall become the legal owner of the Mortgaged Property. All occupants of the Mortgaged Property shall, at the option of such purchaser, become tenants of the purchaser at the foreclosure sale and shall deliver possession thereof immediately to the purchaser upon demand. It shall not be necessary for the purchaser at said sale to bring any action for possession of the Mortgaged Property other than the statutory action of forcible detainer in any justice court having jurisdiction over the Mortgaged Property.
Appears in 1 contract
Occupancy After Foreclosure. The purchaser at any foreclosure sale pursuant to Section 4.1(d) Paragraph 7.1.D. shall become the legal owner of the Mortgaged Property. All occupants of the Mortgaged Property shall, at the option of such purchaser, or any part thereof shall become tenants at sufferance of the purchaser at the foreclosure sale and shall deliver possession thereof immediately to the purchaser upon demand. It shall not be necessary for the purchaser at said sale to bring any action for possession of the Mortgaged Property other than the statutory action of forcible detainer in any justice court Justice Court having jurisdiction over the Mortgaged Property.
Appears in 1 contract
Samples: Security Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)
Occupancy After Foreclosure. The purchaser at any foreclosure sale shall pursuant to Section 4.1(d) shall the terms hereof become the legal owner of the Mortgaged Property. All occupants of the Mortgaged Property shall, at the option of such purchaser, become tenants of the purchaser at the foreclosure sale and shall deliver possession thereof immediately to the purchaser upon demand. It shall not be necessary for the purchaser at said sale to bring any action for possession of the Mortgaged Property other than the statutory action of forcible detainer in any justice court having jurisdiction over the Mortgaged Property.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (Behringer Harvard Reit I Inc)