Common use of Occupancy After Foreclosure Clause in Contracts

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, Mortgagor or Mortgagor’s representatives, successors or assigns, or any other persons claiming any interest in the Mortgaged Property by, through or under Mortgagor (except to the tenant under the Percentage Lease if not terminated by Mortgagee), are occupying or using the Mortgaged Property, or any part thereof, then, to the extent not prohibited by applicable law, each and all shall, at the option of 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 Mortgaged 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 Mortgaged Property upon the termination of such tenancy, the purchaser shall be entitled to institute and maintain an action for unlawful detainer of the Mortgaged Property in the appropriate court of the county in which the Premises is located.

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, Mortgagor or Mortgagor’s 's representatives, successors or assigns, or any other persons claiming any interest in the Mortgaged Property by, through or under Mortgagor (except tenants of space in the Improvements subject to leases entered into prior to the tenant under the Percentage Lease if not terminated by Mortgageedate hereof), are occupying or using the Mortgaged Property, or any part thereof, then, to the extent not prohibited by applicable law, each and all shall, at the option of 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 Mortgaged 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 Mortgaged Property upon the termination of such tenancy, the purchaser shall be entitled to institute and maintain an action for unlawful detainer of the Mortgaged Property in the appropriate court of the county in which the Premises is located.

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, Mortgagor or Mortgagor’s representatives, successors or assigns, or any other persons claiming any interest in the Mortgaged Property by, through or under Mortgagor (except Tenants under Leases entered into prior to the tenant under the Percentage Lease if not terminated by Mortgageedate hereof), are occupying or using the Mortgaged Property, or any part thereof, then, to the extent not prohibited by applicable law, each and all shall, at the option of 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 higher of either (i) any rate provided in a lease then in effect with Mortgagor or, if none exists, then (ii) the value of the Mortgaged 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 Mortgaged Property upon the termination of such tenancy, the purchaser shall be entitled to institute and maintain an action for unlawful detainer of the Mortgaged Property in the appropriate court of the county in which the Premises is located.

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, Mortgagor or Mortgagor’s 's representatives, successors or assigns, or any other persons claiming any interest in the Mortgaged Property by, through or under Mortgagor (except tenants of space in the Improvements subject to Leases entered into prior to the tenant under date of such foreclosure and which have been approved by the Percentage Lease if not terminated by Mortgagee), who are occupying or using the Mortgaged Property, or any part thereof, then, to the extent not prohibited by applicable law, each and all shall, at the option of 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 Mortgaged 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 Mortgaged Property upon the termination of such tenancy, the purchaser shall be entitled to institute and maintain an action for unlawful detainer of the Mortgaged Property in the appropriate court of the county in which the Premises is located.

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, Mortgagor Grantor or Mortgagor’s Grantor's representatives, successors or assigns, or any other persons claiming any interest in the Mortgaged Trust Property by, through or under Mortgagor Grantor (except to the tenant under the Percentage Lease if not terminated by MortgageeBeneficiary), are occupying or using the Mortgaged Trust Property, or any part thereof, then, to the extent not prohibited by applicable law, each and all shall, at the option of Mortgagee 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 Mortgaged 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 Mortgaged Trust Property upon the termination of such tenancy, the purchaser shall be entitled to institute and maintain an action for unlawful detainer of the Mortgaged Trust Property in the appropriate court of the county in which the Premises is located.

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, Mortgagor or Mortgagor’s 's representatives, successors or assigns, or any other persons claiming any interest in the Mortgaged Property by, through or under Mortgagor (except tenants of space in the Improvements subject to leases entered into prior to the tenant under the Percentage Lease if not terminated by Mortgageedate hereof), are occupying or using the Mortgaged Property, or any part thereof, then, to the extent not prohibited by applicable law, each and all shall, at the option of 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 Landlord or tenant, at a reasonable rental per day based upon the value of the Mortgaged 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 Mortgaged Property upon the termination of such tenancy, the purchaser shall be entitled to institute and maintain an action for unlawful detainer of the Mortgaged Property in the appropriate court of the county in which the Premises is located.

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, Mortgagor Grantor or Mortgagor’s Grantor's representatives, successors or assigns, or any other persons claiming any interest in the Mortgaged Trust Property by, through or under Mortgagor Grantor (except Tenants of space in the Improvements subject to the tenant under the Percentage Lease if not terminated by MortgageeLeases), are occupying or using the Mortgaged Trust Property, or any part thereof, then, to the extent not prohibited by applicable law, each and all shall, at the option of Mortgagee 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 Mortgaged 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 Mortgaged Trust Property upon the termination of such tenancy, the purchaser shall be entitled to institute and maintain an action for unlawful detainer of the Mortgaged Trust Property in the appropriate court of the county in which the Premises is located.

Occupancy After Foreclosure. In case the event there is a foreclosure sale hereunder resulting from the occurrence and continuance liens or security interests of an Event of Defaultthis Security Instrument shall be foreclosed, and at the time of such sale, Mortgagor Borrower or MortgagorBorrower’s representatives, successors or assigns, or any other persons Persons claiming any interest in the Mortgaged Property by, through or under Mortgagor Borrower (except to the which, for purposes of this Section 7.4 does not include any tenant under the Percentage Lease if a written Lease, provided such tenant is not terminated by Mortgagee), an Affiliate of Borrower) are occupying or using the Mortgaged Property, or any part thereof, then, to the extent not prohibited by applicable law, each and all shall, at the option of Mortgagee 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-dayat sufferance, terminable at the will of either landlord or tenantlandlord, at a reasonable rental per day based upon the value of the Mortgaged 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 forthwith surrender possession of the Mortgaged Property upon the termination of such tenancy, the purchaser shall be entitled to institute and maintain an action for unlawful detainer of the Mortgaged Property in the appropriate court of the county in which the Premises Real Estate is located, and anyone occupying the Property after demand made for possession thereof shall be subject to eviction and removal, forcible or otherwise, with or without process of law, and all damages by reason thereof are hereby expressly waived.

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, sale the Mortgagor or the Mortgagor’s heirs, devisees, representatives, successors or assigns, assigns or any other persons person claiming any interest in the Mortgaged Property Collateral by, through or under Mortgagor (except to the tenant under the Percentage Lease if not terminated by Mortgagee)Mortgagor, are occupying or using the Mortgaged Property, Property or any part thereof, then, to the extent not prohibited provided by applicable law, each and all shall, at the option of Mortgagee or the purchaser at such sale, as the case may be, shall immediately become the tenant of the purchaser at such sale, which tenancy shall be a tenancy from day-to-day to day, terminable at the will of either the landlord or tenant, or at a reasonable rental per day based upon the value of the Mortgaged Property occupied or usedproperty occupied, such rental to be due daily to the purchaser. Further, ; to the extent permitted by applicable law, in the purchaser at such sale shall, notwithstanding any language herein apparently to the contrary, have the sole option to demand immediate possession following the sale or to permit the occupants to remain as tenants at will. In the event the tenant fails to surrender possession of said property upon demand, to the Mortgaged Property upon the termination of such tenancyextent provided by applicable law, the purchaser shall be entitled to institute and maintain an a summary action for unlawful detainer possession of the Mortgaged Property (such as an action for forcible entry and detainer) in the appropriate any court of the county in which the Premises is locatedhaving jurisdiction.

Occupancy After Foreclosure. In case the event there is a foreclosure sale hereunder resulting from liens or security interests of the occurrence and continuance of an Event of DefaultSecurity Instrument shall be foreclosed, and at the time of such sale, Mortgagor Borrower or Mortgagor’s Borrower's representatives, successors or assigns, or any other persons Persons claiming any interest in the Mortgaged Property by, through or under Mortgagor Borrower (except to the which, for purposes of this Section 7.4 does not include any tenant under the Percentage Lease if a written Lease, provided such tenant is not terminated by Mortgagee), an Affiliate of Borrower) are occupying or using the Mortgaged Property, or any part thereof, then, to the extent not prohibited by applicable law, each and all shall, at the option of Mortgagee 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-dayat sufferance, terminable at the will of either landlord or tenantlandlord, at a reasonable rental per day based upon the value of the Mortgaged 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 forthwith surrender possession of the Mortgaged Property upon the termination of such tenancy, the purchaser shall be entitled to institute and maintain an action for unlawful detainer of the Mortgaged Property in the appropriate court of the county in which the Premises Real Estate is located, and anyone occupying the Property after demand made for possession thereof shall be subject to eviction and removal, forcible or otherwise, with or without process of law, and all damages by reason thereof are hereby expressly waived.

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, Mortgagor or Mortgagor’s 's representatives, successors or assigns, or any other persons claiming any interest in the Mortgaged Property by, through or under Mortgagor (except tenants of space in the Improvements subject to leases entered into prior to the tenant under the Percentage Lease if not terminated by Mortgageedate hereof or otherwise having a legal right to do so (i.e. SNDA), ) are occupying or using the Mortgaged Property, or any part thereof, then, to the extent not prohibited by applicable law, each and all shall, at the option of 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 Mortgaged 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 Mortgaged Property upon the termination of such tenancy, the purchaser shall be entitled to institute and maintain an action for unlawful detainer of the Mortgaged Property in the appropriate court of the county in which the Premises is located.

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, Mortgagor Grantor or MortgagorGrantor’s representatives, successors or assigns, or any other persons claiming any interest in the Mortgaged Property by, through or under Mortgagor Grantor (except tenants of space in the Improvements subject to leases entered into prior to the tenant under the Percentage Lease if not terminated by Mortgageedate of such foreclosure sale), are occupying or using the Mortgaged Property, or any part thereof, then, to the extent not prohibited by applicable law, and subsequent to the expiration of any applicable redemption period, each and all shall, at the option of Mortgagee 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 Mortgaged 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 Mortgaged Property upon the termination of such tenancy, the purchaser shall be entitled to institute and maintain an action for unlawful detainer of the Mortgaged Property in the appropriate court of the county in which the Premises Land is located.