Possession, Management and Income. If an Event of Default shall have occurred, in addition to, and not in limitation of, the rights and remedies provided in SECTION 1.14, the Mortgagee, upon five (5) days notice to the Mortgagor, may enter upon and take possession of the Collateral or any part thereof by force, summary proceeding, ejectment or otherwise and may remove the Mortgagor and all other Persons and any and all property therefrom and may hold, operate, maintain, repair, preserve and manage the same and receive all earnings, income, Rents, issues and Proceeds accruing with respect thereto or any part thereof. The Mortgagee shall be under no liability for or by reason of any such taking of possession, entry, removal or holding, operation or management, except that any amounts so received by the Mortgagee shall be applied to pay all costs and expenses of so entering upon, taking possession of, holding, operating, maintaining, repairing, preserving and managing the Collateral or any part thereof, and any Impositions or other charges prior to the lien and security interest of this Mortgage which the Mortgagee may consider it necessary or desirable to pay, and any balance of such amounts shall be applied as provided in SECTION 3.11.
Possession, Management and Income. If an Event of Default shall have occurred under this Indenture, Grantee, without further notice, may enter upon and take possession of the Property or any part thereof, in any manner permitted by law, by reasonable force, summary proceedings, ejectment or otherwise and may remove Grantor and all other Persons and any and all property therefrom, and Grantee may hold, operate and manage the same, make all necessary or proper repairs, renewals, and replacements, and useful alterations, additions, betterments and improvements thereto and thereon as may seem advisable to either of them, and insure and reinsure the Property as may seem advisable and to either of them, and may receive all earnings, income, rents, issues and proceeds accruing with respect thereto. Any amounts so received by Grantee shall be applied (a) to pay (i) the expenses of operating the Property and of all maintenance, repairs, renewals, replacements, alterations, additions, betterments, improvements, taxes, assessments, insurance premiums, reasonable compensation for the services of all attorneys, advisors, brokers, receivers, agents and other employees engaged or employed by Grantee and all other costs and expenses of entering a bond and taking possession of and holding the Property, and (ii) any lien prior to the estate created hereby which Grantee may consider it necessary or desirable to discharge and then (b) in the manner provided in Article XI of this Indenture. If an Event of Default shall have occurred under the Loan Agreement or if the Loan Agreement shall be terminated, all sums so received by Grantee shall be applied in the manner specified in Article XI of this Indenture.
Possession, Management and Income. If an Event of Default shall have occurred and be continuing, in addition to, and not in limitation of, the rights and remedies provided in Section 1.14, the Grantee, upon five (5) days written notice to the Grantor, may enter upon and take possession of the Collateral or any part thereof by force, summary proceeding, ejectment or otherwise and may remove the Grantor and all other Persons and any and all property therefrom and may hold, operate, maintain, repair, preserve and manage the same and receive all earnings, income, Rents, issues and Proceeds accruing with respect thereto or any part thereof. The Grantee shall be under no liability for or by reason of any such taking of possession, entry, removal or holding, operation or management, except that any amounts so received by the Grantee shall be applied to pay all costs and expenses of so entering upon, taking possession of, holding, operating, maintaining, repairing, preserving and managing the Collateral or any part thereof, and any Impositions or other charges prior to the security title and security interest of this Deed which the Grantee may consider it necessary or desirable to pay, and any balance of such amounts shall be applied as provided in Section 3.11.
Possession, Management and Income. If an Event of Default shall have occurred and be continuing, in addition to, not in limitation of, the rights and remedies provided in Section 1.12, the Beneficiary, itself or through a court-appointed receiver, may enter upon and take possession of the Trust Premises or any part thereof by summary proceeding, ejectment or otherwise and may remove the Grantor and all other Persons and any and all property therefrom and may hold, operate, maintain, repair, preserve and manage the same and receive all earnings, income, Rents and Profits, issues and Proceeds accruing with respect thereto or any part thereof.
Possession, Management and Income. If an Event of Default shall have occurred and be continuing, the Mortgagee, with such notice, if any, to the Mortgagor as required by law, First: the reasonable costs and expenses (including reasonable attorneys' fees and expenses) of so entering upon, taking possession of, holding, operating and managing the Premises or any part thereof, and any Impositions or other taxes, assessments or charges which shall have priority that is superior to the record priority of this Mortgage, which the Mortgagee may consider it necessary or desirable to pay; Second: all amounts of interest on, and then principal of, the Mortgage Note (whether at maturity or on a date fixed for prepayment or by declaration of acceleration or by automatic acceleration after an Event of Default or otherwise) and then any other amounts payable under or secured by this Mortgage or the other Loan Documents; and Third: the balance, if any, to the Persons lawfully entitled to such amounts, if all conditions to the release of this Mortgage specified in Article 42 hereof shall have been fulfilled, but if any such condition shall not have been fulfilled, to be held by the Mortgagee and thereafter applied to any future payments required to be made in accordance with subdivisions First and Second above. At the request of the Mortgagee, the Mortgagor shall promptly execute and deliver to the Mortgagee such deeds, instruments of assignment and other documents as the Mortgagee may deem necessary or advisable to enable the Mortgagee or any agent or representative designated by the Mortgagee, at such time or times and place or places as the Mortgagee may reasonably specify, to obtain possession of all or any portion or portions of the Property to which the Mortgagee shall at the time be entitled hereunder, subject to the rights of Tenants. If the Mortgagor shall fail for any reason to execute and deliver such instrument or document after such request by the Mortgagee, the Mortgagee, to the fullest extent permitted by law, may (i) obtain a judgment conferring on the Mortgagee the right to immediate possession and requiring the Mortgagor to execute and deliver such instruments and documents to the Mortgagee, Upon every such taking of possession, the Mortgagee may (but shall have no obligation), from time to time, at the expense of the Mortgagor and such expenses to constitute additional indebtedness secured by the Property, make all such expenditures for maintenance, insurance, repairs, co-replacements, a...
Possession, Management and Income. If an Event of Default shall have occurred and be continuing, the Indenture Trustee, without further notice, to the extent permitted by law, may enter upon and take possession of the Estate or any part thereof without judicial process, by summary proceedings, ejectment or otherwise and may remove the Grantor and all other Persons claiming under or through the Grantor and any and all property therefrom, and may hold, operate and manage the same and receive all earnings, income, rents, issues and proceeds accruing with respect thereto or any part thereof. The Indenture Trustee shall be under no liability for or by reason of any such taking of possession, entry, removal or holding, operation or management, except for its negligence and willful misconduct and except that any amounts so received by the Indenture Trustee shall be applied to pay:
Possession, Management and Income. If an Event of Default shall have occurred (other than an Event of default that has been waived in writing by Lender or confirmed as having been cured in writing by Lender), in addition to, not in limitation of, the rights and remedies provided in Section 2.10, to the extent allowed by Texas law, Lender, upon five days’ notice to Borrower, may enter upon and take possession of the Collateral or any part thereof by force, summary proceeding, ejectment or otherwise and may remove Borrower and all other persons and any and all property therefrom and may hold, operate, maintain, repair, preserve and manage the same and receive all earnings, income, Rents, issues and proceeds accruing with respect thereto or any part thereof. Lender shall be under no liability for or by reason of any such taking of possession, entry, removal or holding, operation or management.
Possession, Management and Income. If an Event of Default shall have occurred (other than an Event of default that has been waived in writing by Xxxxxx or confirmed as having been cured in writing by Lender), in addition to, not in limitation of, the rights and remedies provided in Section 2.10, Lender, upon five days' notice to Borrower, may enter upon and take possession of the Collateral or any part thereof by force, summary proceeding, ejectment or otherwise and may remove Borrower and all other persons and any and all property therefrom and may hold, operate, maintain, repair, preserve and manage the same and receive all earnings, income, Rents, issues and proceeds accruing with respect thereto or any part thereof. Lender shall be under no liability for or by reason of any such taking of possession, entry, removal or holding, operation or management.
Possession, Management and Income. If an Event of Default shall have occurred under this Indenture, Trustee or Beneficiary, without further notice, may enter upon and take possession of the Property or any part thereof, in any manner permitted
Possession, Management and Income. If a Loan Event of Default shall have occurred and be continuing, Agent, without further notice, to the extent permitted by Applicable Laws, may take possession of the Collateral Security or any part thereof without judicial process, by summary proceedings or otherwise, and may hold, operate and manage the same and receive all earnings, income, rents, issues and proceeds accruing with respect thereto or any part thereof. Except as shall be expressly provided in any of the Granting Clause Documents, Agent shall be under no liability for or by reason of any such taking of possession, removal or holding, operation or management, except that any amounts so received by Agent shall be applied to pay:
