Common use of Occupancy After Foreclosure Clause in Contracts

Occupancy After Foreclosure. In the event there is a foreclosure sale hereunder and at the time of such sale, Borrower or Borrower’s representatives, successors or assigns, or any other persons claiming any interest in the Property by, through or under Borrower (except tenants of space in the Improvements subject to leases entered into prior to the date hereof), are occupying or using the Property, or any part thereof, then, to the extent not prohibited by applicable law, each and all shall, at the option of Lender or the purchaser at such sale, as the case may be, immediately become the tenant of the purchaser at such sale, which tenancy shall be a tenancy from day-to-day, terminable at the will of either landlord or tenant, at a reasonable rental per day based upon the value of the Property occupied or used, such rental to be due daily to the purchaser. Further, to the extent permitted by applicable law, in the event the tenant fails to surrender possession of the Property upon the termination of such tenancy, the purchaser shall be entitled to institute and maintain an action for unlawful detainer of the Property in the appropriate court of the county in which the Premises is located.

Appears in 16 contracts

Samples: Mortgage, Security Agreement and Fixture Filing (Industrial Income Trust Inc.), Mortgage, Security Agreement and Fixture Filing (Acadia Realty Trust), Management Agreement (Campus Crest Communities, Inc.)

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Occupancy After Foreclosure. In the event there is a foreclosure sale hereunder and at the time of such sale, Borrower or Borrower’s representatives, successors or assigns, or any other persons claiming any interest in the Property by, through or under Borrower (except tenants of space in the Improvements subject to leases Leases entered into prior to the date hereof), are occupying or using the Property, or any part thereof, then, to the extent not prohibited by applicable law, each and all shall, at the option of Lender or the purchaser at such sale, as the case may be, immediately become the tenant of the purchaser at such sale, which tenancy shall be a tenancy from day-to-day, terminable at the will of either landlord or tenant, at a reasonable rental per day based upon the value of the Property occupied or used, such rental to be due daily to the purchaser. Further, to the extent permitted by applicable law, in the event the tenant fails to surrender possession of the Property upon the termination of such tenancy, the purchaser shall be entitled to institute and maintain an action for unlawful detainer of the Property in the appropriate court of the county in which the Premises Real Estate is located.

Appears in 7 contracts

Samples: And Security Agreement (Gsi Commerce Inc), And Security Agreement (Gladstone Commercial Corp), Rents and Security Agreement (Gladstone Commercial Corp)

Occupancy After Foreclosure. In the event there is a foreclosure sale hereunder and at the time of such sale, Borrower Mortgagor or Borrower’s Mortgagor's representatives, successors or assigns, or any other persons claiming any interest in the Property by, through or under Borrower Mortgagor (except tenants of space in the Improvements subject to leases Leases entered into prior to the date hereof), are occupying or using the Property, or any part thereof, then, to the extent not prohibited by applicable law, each and all shall, at the option of Lender Mortgagee or the purchaser at such sale, as the case may be, immediately become the tenant of the purchaser at such sale, which tenancy shall be a tenancy from day-to-day, terminable at the will of either landlord or tenant, at a reasonable rental per day based upon the value of the Property occupied or used, such rental to be due daily to the purchaser. Further, to the extent permitted by applicable law, in the event the tenant fails to surrender possession of the Property upon the termination of such tenancy, the purchaser shall be entitled to institute and maintain an action for unlawful detainer of the Property in the appropriate court of the county in which the Premises Real Estate is located.

Appears in 3 contracts

Samples: Mortgage and Security Agreement (Merry Land Properties Inc), Mortgage and Security Agreement (Usa Detergents Inc), Mortgage and Security Agreement (Merry Land Properties Inc)

Occupancy After Foreclosure. In the event there is a foreclosure sale hereunder and at the time of such sale, Borrower or Borrower’s 's representatives, successors or assigns, or any other persons claiming any interest in the Property by, through or under Borrower (except tenants of space in the Improvements subject to leases Leases entered into prior to the date hereof), are occupying or using the Property, or any part thereof, then, to the extent not prohibited by applicable law, each and all shall, at the option of Lender or the purchaser at such sale, as the case may be, immediately become the tenant of the purchaser at such sale, which tenancy shall be a tenancy from day-to-day, terminable at the will of either landlord or tenant, at a reasonable rental per day based upon the value of the Property occupied or used, such rental to be due daily to the purchaser. Further, to the extent permitted by applicable law, in the event the tenant fails to surrender possession of the Property upon the termination of such tenancy, the purchaser shall be entitled to institute and maintain an action for unlawful detainer of the Property in the appropriate court of the county in which the Premises Real Estate is located.

Appears in 3 contracts

Samples: Debt and Security Agreement (Sun Communities Inc), Secure Debt and Security Agreement (Sun Communities Inc), Sun Communities Inc

Occupancy After Foreclosure. In the event there is a foreclosure sale hereunder and at the time of such sale, Borrower Grantor or Borrower’s Grantor's representatives, successors or assigns, or any other persons claiming any interest in the Property by, through or under Borrower Grantor (except tenants of space in the Improvements subject to leases Leases entered into prior to the date hereof), are occupying or using the Property, or any part thereof, then, to the extent not prohibited by applicable law, each and all shall, at the option of Lender Grantee or the purchaser at such sale, as the case may be, immediately become the tenant of the purchaser at such sale, which tenancy shall be a tenancy from day-to-day, terminable at the will of either landlord or tenant, at a reasonable rental per day based upon the value of the Property occupied or used, such rental to be due daily to the purchaser. Further, to the extent permitted by applicable law, in the event the tenant fails to surrender possession of the Property upon the termination of such tenancy, the purchaser shall be entitled to institute and maintain an action for unlawful detainer of the Property in the appropriate court of the county in which the Premises Real Estate is located.

Appears in 3 contracts

Samples: Record And (Merry Land Properties Inc), Record And (Merry Land Properties Inc), Record And (Merry Land Properties Inc)

Occupancy After Foreclosure. In the event there is a foreclosure sale hereunder resulting from the occurrence and continuance of an Event of Default, and at the time of such sale, Borrower Grantor or Borrower’s Grantor's representatives, successors or assigns, or any other persons claiming any interest in the Trust Property by, through or under Borrower Grantor (except tenants Tenants of space in the Improvements subject to leases entered into prior to the date hereofLeases), are occupying or using the Trust Property, or any part thereof, then, to the extent not prohibited by applicable law, each and all shall, at the option of Lender Beneficiary or the purchaser at such sale, as the case may be, immediately become the tenant of the purchaser at such sale, which tenancy shall be a tenancy from day-to-day, terminable at the will of either landlord or tenant, at a reasonable rental per day based upon the value of the Trust Property occupied or used, such rental to be due daily to the purchaser. Further, to the extent permitted by applicable law, in the event the tenant fails to surrender possession of the Trust Property upon the termination of such tenancy, the purchaser shall be entitled to institute and maintain an action for unlawful detainer of the Trust Property in the appropriate court of the county in which the Premises is located.

Appears in 2 contracts

Samples: Trust and Security Agreement (Cornerstone Realty Income Trust Inc), Trust and Security Agreement (Cornerstone Realty Income Trust Inc)

Occupancy After Foreclosure. In the event there is a foreclosure sale hereunder and at the time of such sale, Borrower Grantor or Borrower’s Grantor's representatives, successors or assigns, or any other persons claiming any interest in the Property by, through or under Borrower Grantor (except residential tenants of space in the Improvements subject to leases Leases entered into prior to the date hereof), are occupying or using the Property, or any part thereof, then, to the extent not prohibited by applicable law, each and all shall, at the option of Lender Grantee or the purchaser at such sale, as the case may be, immediately become the tenant of the purchaser at such sale, which tenancy shall be a tenancy from day-to-day, terminable at the will of either landlord or tenant, at a reasonable rental per day based upon the value of the Property occupied or used, such rental to be due daily to the purchaser. Further, to the extent permitted by applicable law, in the event the tenant fails to surrender possession of the Property upon the termination of such tenancy, the purchaser shall be entitled to institute and maintain an action for unlawful detainer of the Property in the appropriate court of the county in which the Premises Real Estate is located.

Appears in 2 contracts

Samples: Record And (Merry Land Capital Trust), Record And (Merry Land Capital Trust)

Occupancy After Foreclosure. In the event there is a foreclosure sale hereunder and at the time of such sale, Borrower Grantor or Borrower’s Grantor's representatives, successors or assigns, or any other persons claiming any interest in the Property by, through or under Borrower Grantor (except tenants of space in the Improvements subject to leases Leases entered into prior to the date hereof), are occupying or using the Property, or any part thereof, then, to the extent not prohibited by applicable law, each and all shall, at the option of Lender Beneficiary or the purchaser at such sale, as the case may be, immediately become the tenant of the purchaser at such sale, which tenancy shall be a tenancy from day-to-day, terminable at the will of either landlord or tenant, at a reasonable rental per day based upon the value of the Property occupied or used, such rental to be due daily to the purchaser. Further, to the extent permitted by applicable law, in the event the tenant fails to surrender possession of the Property upon the termination of such tenancy, the purchaser shall be entitled to institute and maintain an action for unlawful detainer of the Property in the appropriate court of the county in which the Premises Land is located.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement (Inland Diversified Real Estate Trust, Inc.)

Occupancy After Foreclosure. In the event there is a foreclosure sale hereunder and at the time of such sale, Borrower Grantor or Borrower’s Grantor's representatives, successors or assigns, or any other persons claiming any interest in the Property by, through or under Borrower Grantor (except tenants of space in the Improvements subject to leases entered into prior to the date hereof), are occupying or using the Property, or any part thereof, then, to the extent not prohibited by applicable law, each and all shall, at the option of Lender Beneficiary or the purchaser at such sale, as the case may be, immediately become the tenant of the purchaser at such sale, which tenancy shall be a tenancy from day-to-day, terminable at the will of either landlord or tenant, at a reasonable rental per day based upon the value of the Property occupied or used, such rental to be due daily to the purchaser. Further, to the extent permitted by applicable law, in the event the tenant Grantor fails to surrender possession of the Property upon the termination of such tenancy, the purchaser shall be entitled to institute and maintain an action for unlawful detainer of the Property in the appropriate court of the county in which the Premises Land is located.

Appears in 1 contract

Samples: Westcoast Hospitality Corp

Occupancy After Foreclosure. In the event there is a foreclosure sale hereunder and at the time of such sale, Borrower or Borrower’s representatives, successors or assigns, or any other persons claiming any interest in the Secured Property by, through or under Borrower (except tenants of space in the Improvements Secured Property subject to leases Leases entered into prior to the date hereof), are occupying or using the Secured Property, or any part thereof, then, to the extent not prohibited by applicable law, each and all shall, at the option of Lender or the purchaser at such sale, as the case may be, immediately become the tenant of the purchaser at such sale, which tenancy shall be a tenancy from day-to-day, terminable at the will of either landlord or tenant, at a reasonable rental per day based upon the value of the Secured Property occupied or used, such rental to be due daily to the purchaser. Further, to the extent permitted by applicable law, in the event the tenant fails to surrender possession of the Secured Property upon the termination of such tenancy, the purchaser shall be entitled to institute and maintain an action for unlawful detainer of the Secured Property in the appropriate court of the county in which the Premises Land is located.

Appears in 1 contract

Samples: Secure Debt and Security Agreement (Cb Richard Ellis Realty Trust)

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Occupancy After Foreclosure. In the event there is a foreclosure sale hereunder and at the time of such sale, Borrower or Borrower’s representatives, successors or assigns, or any other persons Persons claiming any interest in the Property by, through or under Borrower (except tenants of space in the Improvements subject to leases entered into prior to the date hereof), are occupying or using the Property, or any part thereof, then, to the extent not prohibited by applicable law, each and all shall, at the option of Lender or the purchaser at such sale, as the case may be, immediately become the tenant of the purchaser at such sale, which tenancy shall be a tenancy from day-to-day, terminable at the will of either landlord or tenant, at a reasonable rental per day based upon the value of the Property occupied or used, such rental to be due daily to the purchaser. Further, to the extent permitted by applicable law, in the event the tenant fails to surrender possession of the Property upon the termination of such tenancy, the purchaser shall be entitled to institute and maintain an action for unlawful detainer of the Property in the appropriate court of the county in which the Premises is located.

Appears in 1 contract

Samples: Fixture Filing (KBS Real Estate Investment Trust II, Inc.)

Occupancy After Foreclosure. In the event there is a foreclosure sale hereunder and at the time of such sale, Borrower Mortgagor or BorrowerMortgagor’s representatives, successors or assigns, or any other persons claiming any interest in the Property by, through or under Borrower Mortgagor (except tenants of space in the Improvements subject to leases Leases entered into prior to the date hereof), are occupying or using the Property, or any part thereof, then, to the extent not prohibited by applicable law, each and all shall, at the option of Lender Mortgagee or the purchaser at such sale, as the case may be, immediately become the tenant of the purchaser at such sale, which tenancy shall be a tenancy from day-to-day, terminable at the will of either landlord or tenant, at a reasonable rental per day based upon the value of space at the Property occupied or used, such rental to be due daily to the purchaser. Further, to the extent permitted by applicable law, in the event the tenant fails to surrender possession of the Property upon the termination of such tenancy, the purchaser shall be entitled to institute and maintain an action for unlawful detainer of the Property in the appropriate court of the county in which the Premises Real Estate is located.

Appears in 1 contract

Samples: Leasehold Mortgage, Security Agreement (Taubman Centers Inc)

Occupancy After Foreclosure. In the event there is a foreclosure sale --------------------------- hereunder and at the time of such sale, Borrower Grantor or Borrower’s Grantor's representatives, successors or assigns, or any other persons claiming any interest in the Property by, through or under Borrower Grantor (except tenants of space in the Improvements subject to leases entered into prior to the date hereof), are occupying or using the Property, or any part thereof, then, to the extent not prohibited by applicable law, each and all shall, at the option of Lender Beneficiary or the purchaser at such sale, as the case may be, immediately become the tenant of the purchaser at such sale, which tenancy shall be a tenancy from day-to-day, terminable at the will of either landlord or tenant, at a reasonable rental per day based upon the value of the Property occupied or used, such rental to be due daily to the purchaser. Further, to the extent permitted by applicable law, in the event the tenant fails to surrender possession of the Property upon the termination of such tenancy, the purchaser shall be entitled to institute and maintain an action for unlawful detainer of the Property in the appropriate court of the county in which the Premises Land is located.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement (Nei Webworld Inc)

Occupancy After Foreclosure. In the event there is a foreclosure sale hereunder and at the time of such sale, Borrower Mortgagor or BorrowerMortgagor’s representatives, successors or assigns, or any other persons claiming any interest in the Property by, through or under Borrower Xxxxxxxxx (except tenants of space in the Improvements subject to leases Leases entered into prior to the date hereof), are occupying or using the Property, or any part thereof, then, to the extent not prohibited by applicable law, each and all shall, at the option of Lender Mortgagee or the purchaser at such sale, as the case may be, immediately become the tenant of the purchaser at such sale, which tenancy shall be a tenancy from day-to-day, terminable at the will of either landlord or tenant, at a reasonable rental per day based upon the value of the Property occupied or used, such rental to be due daily to the purchaser. Further, to the extent permitted by applicable law, in the event the tenant fails to surrender possession of the Property upon the termination of such tenancy, the purchaser shall be entitled to institute and maintain an action for unlawful detainer of the Property in the appropriate court of the county in which the Premises Real Estate is located.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Industrial Income Trust Inc.)

Occupancy After Foreclosure. In the event there is a foreclosure sale hereunder and at the time of such sale, Borrower Grantor or Borrower’s Grantor's representatives, successors or assigns, or any other persons claiming any interest in the Property by, through or under Borrower Grantor (except tenants of space in the Improvements subject to leases entered into prior to the date hereof), are occupying or using the Property, or any part thereof, then, to the extent not prohibited by applicable law, each and all shall, at the option of Lender Beneficiary or the purchaser at such sale, as the case may be, immediately become the tenant of the purchaser at such sale, which tenancy shall be a tenancy from day-to-day, terminable at the will of either landlord or tenant, at a reasonable rental per day based upon the value of the Property occupied or used, such rental to be due daily to the purchaser. Further, to the extent permitted by applicable law, in the event the tenant or Grantor fails to surrender possession of the Property upon the termination of such tenancytenancy and following proper notice as may be required by applicable law, the purchaser shall be entitled to institute and maintain an action for unlawful detainer of the Property in the appropriate court of the county in which the Premises Land is located.

Appears in 1 contract

Samples: Trust and Security Agreement (Westcoast Hospitality Corp)

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