Common use of Possession After Foreclosure Clause in Contracts

Possession After Foreclosure. If the liens or security interests hereof shall be foreclosed by power of sale granted herein, by judicial action, or otherwise, the purchaser at any such sale shall receive, as an incident to purchaser’s ownership, immediate possession of the property purchased, and if Grantor or Grantor’s successors shall hold possession of said property or any part thereof subsequent to foreclosure, Grantor and Grantor’s successors shall be considered as tenants at sufferance of the purchaser at foreclosure sale (without limitation of other rights or remedies, at a reasonable rental per day, due and payable daily, based upon the value of the portion of the Mortgaged Property so occupied and sold to such purchaser), and anyone occupying such portion of the Mortgaged Property, after demand is made for possession thereof, shall be guilty of forcible detainer and 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.

Appears in 3 contracts

Samples: Deed of Trust, Security Agreement, Assignment of Rents and Fixture Financing Statement (Rf Monolithics Inc /De/), Purchase and Sale Agreement (Behringer Harvard Reit I Inc), Deed of Trust (Rf Monolithics Inc /De/)

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Possession After Foreclosure. If the liens or security interests hereof shall be foreclosed by power of sale granted herein, by judicial action, or otherwise, the purchaser at any such sale shall receive, as an incident to purchaser’s 's ownership, immediate possession of the property purchased, and if Grantor Borrower or Grantor’s Borrower's successors shall hold possession of said property or any part thereof subsequent to foreclosure, Grantor Borrower and Grantor’s Borrower's successors shall be considered as tenants at sufferance of the purchaser at foreclosure sale (without limitation of other rights or remedies, at a reasonable rental per day, due and payable daily, based upon the value of the portion of the Mortgaged Property so occupied and sold to such purchaser), and anyone occupying such portion of the Mortgaged Property, after demand is made for possession thereof, shall be guilty of forcible detainer and 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.

Appears in 3 contracts

Samples: Open End Mortgage Deed, Assignment of Rents, Security Agreement and Financing Statement (Inland Real Estate Income Trust, Inc.), Loan Agreement (Coolbrands International Inc), Deed of Trust (Behringer Harvard Short Term Opportunity Fund I Lp)

Possession After Foreclosure. If the liens or security interests hereof shall be foreclosed by power of sale granted herein, by judicial action, or otherwise, the purchaser at any such sale shall receive, as an incident to purchaser’s ownership, immediate possession of the property purchased, and if Grantor or Grantor’s successors shall hold possession of said property or any part thereof subsequent to foreclosure, Grantor and Grantor’s successors shall be considered as tenants at sufferance of the purchaser at foreclosure sale (without limitation of other rights or remedies, at a reasonable rental per day, due and payable daily, based upon the value of the portion of the Mortgaged Property so occupied and sold to such purchaser), and anyone occupying such portion of the Mortgaged Property, after demand is made for possession thereof, shall be guilty of forcible detainer and shall be subject to eviction and removal, forcible or otherwise, with or without process of lawLaw, and all damages by reason thereof are hereby expressly waived.

Appears in 3 contracts

Samples: Credit Agreement (Powersecure International, Inc.), Term Credit Agreement (Powersecure International, Inc.), Credit Agreement (Powersecure International, Inc.)

Possession After Foreclosure. If the liens or security interests hereof shall be foreclosed by power of sale granted hereinTrustee’s sale, by judicial action, action or otherwise, the purchaser at any such sale shall receive, as an incident to purchaserTrustee’s ownership, immediate possession of the property purchased, and if Grantor or Grantor’s successors shall hold possession of said property or any part thereof thereof, subsequent to foreclosure, Grantor and Grantor’s successors shall be considered as tenants at sufferance of the purchaser at foreclosure sale (without limitation of other rights or remedies, at a reasonable rental per day, due and payable daily, based upon the value of the portion of the Mortgaged Property so occupied and sold to such purchaseroccupied), and anyone occupying such portion of the Mortgaged Property, Property after demand is made for possession thereof, thereof shall be guilty of forcible detainer and 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.

Appears in 3 contracts

Samples: Construction Loan Agreement (Micropac Industries Inc), Deed of Trust, Security Agreement and Financing Statement (Cabinet Grow, Inc.), Deed of Trust (Us Home Systems Inc)

Possession After Foreclosure. If the liens or security interests hereof shall be foreclosed by power of sale granted herein, by judicial action, action or otherwise, the purchaser at any such sale shall receive, as an incident to purchaser’s ownership, immediate possession of the property purchased, and if Grantor or Grantor’s successors shall hold possession of said property or any part thereof subsequent to foreclosure, Grantor and Grantor’s successors shall be considered as tenants at sufferance of the purchaser at foreclosure sale (without limitation of other rights or remedies, at a reasonable rental per day, due and payable daily, based upon the value of the portion of the Mortgaged Property so occupied and sold to such purchaser), and anyone occupying such portion of the Mortgaged Property, after demand is made for possession thereof, shall be guilty of forcible detainer and shall be subject to eviction and removal, forcible or otherwise, removal with or without process of law, and all damages by reason thereof are hereby expressly waived.

Appears in 1 contract

Samples: Deed of Trust (Grubb & Ellis Healthcare REIT II, Inc.)

Possession After Foreclosure. If the liens or security interests hereof shall be foreclosed by power of sale granted herein, by judicial action, or otherwise, the purchaser at any such sale shall receive, as an incident to purchaser’s ownership, immediate possession of the property purchased, and if Grantor or Grantor’s successors shall hold possession of said property or any part thereof subsequent to foreclosure, Grantor and Grantor’s successors shall be considered as tenants at sufferance of the purchaser at foreclosure sale (without limitation of other rights or remedies, at a reasonable rental per day, due and payable daily, based upon the value of the portion of the Mortgaged Property Project so occupied and sold to such purchaser), and anyone occupying such portion of the Mortgaged PropertyProject, after demand is made for possession thereof, shall be guilty of forcible detainer and 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.

Appears in 1 contract

Samples: First Lien Deed of Trust, Security Agreement and Financing Statement (Wells Core Office Income Reit Inc)

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Possession After Foreclosure. If the liens or security interests hereof shall be foreclosed by power of sale granted herein, by judicial action, action or otherwise, the purchaser at al any such sale shall receive, as an incident to purchaser’s 's ownership, immediate possession of the property purchased, and if Grantor or Grantor’s successors 's successor shall hold possession of said property or any part thereof subsequent to foreclosure, Grantor and Grantor’s successors 's successor shall be considered as tenants at sufferance of the purchaser at foreclosure sale (without limitation of other rights or remedies, at a reasonable rental per day, due and payable daily, based upon the value of the portion of the Mortgaged Property so occupied and sold to such purchaser), and anyone occupying such portion ponion of the Mortgaged Property, after demand is made for possession thereof, shall be guilty of forcible detainer and shall be subject to eviction and removal, forcible or otherwise, removal with or without process of law, and all damages by reason thereof are hereby expressly waived.

Appears in 1 contract

Samples: Purchase and Sales Agreement (Healthtech International Inc)

Possession After Foreclosure. If the liens or security interests hereof shall be foreclosed by power of sale granted herein, by judicial action, or otherwise, the purchaser at any such sale shall receive, as an incident to purchaser’s 's ownership, immediate possession of the property purchased, and if Grantor or Grantor’s 's successors shall hold possession of said property or any part thereof subsequent to foreclosure, Grantor and Grantor’s 's successors shall be considered as tenants at sufferance of the purchaser at foreclosure sale (without limitation of other rights or remedies, at a reasonable rental per day, due and payable daily, based upon the value of the portion of the Mortgaged Subject Property and Collateral so occupied or possessed and sold to such purchaser), and anyone occupying or possessing such portion of the Mortgaged PropertySubject Property and Collateral, after demand is made for possession thereof, shall be guilty of forcible detainer and 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.

Appears in 1 contract

Samples: Deed of Trust (Intervoice Inc)

Possession After Foreclosure. If the liens or security interests hereof shall be foreclosed by power of sale granted hereinforeclosed, by judicial action, or otherwise, the purchaser at any such sale shall receive, as an incident to purchaser’s 's ownership, immediate possession of the property purchased, and if Grantor Borrower or Grantor’s successors shall Borrower's successorx xxxxx hold possession of said property or any part thereof subsequent to foreclosure, Grantor Borrower and Grantor’s successors shall Borrower's successorx xxxxx be considered as tenants at sufferance of the purchaser at foreclosure sale (without limitation of other rights or remedies, at a reasonable rental per day, due and payable daily, based upon the value of the portion of the Mortgaged Property so occupied and sold to such purchaser), and anyone occupying such portion of the Mortgaged Property, after demand is made for possession thereof, shall be guilty of forcible detainer and 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.

Appears in 1 contract

Samples: Mortgage Agreement (Owens Realty Mortgage, Inc.)

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