Common use of Possession, Management and Income Clause in Contracts

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 occurredoccurred and be continuing, in addition to, and not in limitation of, the rights and remedies provided in SECTION Section 1.14, the MortgageeTrustee and the Beneficiary, upon five (5) days written notice to the MortgagorTrustor, may enter upon and take possession of the Collateral Trust Premises or any part thereof by force, summary proceeding, ejectment or otherwise and may remove the Mortgagor Trustor 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 Trustee and the Beneficiary 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 Trustee and the Beneficiary 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 Trust Premises or any part thereofhereof, and any Impositions or other charges prior to the lien and security interest of this Mortgage Deed of Trust which the Mortgagee Trustee and the Beneficiary may consider it necessary or desirable to pay, and any balance of such amounts shall be applied as provided in SECTION Section 3.11.

Possession, Management and Income. If an Event of Default shall have occurredoccurred and be continuing, in addition Mortgagee may, but shall be under no obligation 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 immediately enter upon and take possession of the Collateral Mortgaged Property or any part thereof by force, summary proceeding, ejectment or otherwise and may remove the Mortgagor and all other Persons persons and any and all property therefrom and may hold, operate, maintain, repair, preserve and manage the same and receive all earnings, income, Rentsrents, issues and Proceeds proceeds accruing with respect thereto or any part thereof. The Mortgagee shall be under no liability to Mortgagor 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 Mortgaged Property or any part thereof, and any Impositions taxes, assessments 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 3.11section 5.10.

Possession, Management and Income. If an Event of Default shall have occurredoccurred and be continuing, in addition to, and not in limitation of, the rights and remedies provided in SECTION Section 1.14, the Mortgagee, Trustee or the Beneficiary upon five (5) days written notice to the MortgagorTrustor, may enter upon and take possession of the Collateral Trust Premises or any part thereof by force, summary proceeding, ejectment or otherwise and may remove the Mortgagor Trustor 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 Trustee and the Beneficiary 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 Trustee or the Beneficiary 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 Trust Premises or any part thereof, and any Impositions or other charges prior to the lien and security interest of this Mortgage Deed of Trust which the Mortgagee Trustee or the Beneficiary may consider it necessary or desirable to pay, and any balance of such amounts shall be applied as provided in SECTION Section 3.11.

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 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 Section 3.11.. ------------

Possession, Management and Income. If an Event of Default shall have occurredoccurred and be continuing, in addition Mortgagee may, but shall be under no obligation 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 immediately enter upon and take possession of the Collateral Mortgaged Property or any part thereof by force, summary proceeding, ejectment or otherwise and may remove the Mortgagor and all other Persons persons and any and all property therefrom and may hold, operate, maintain, repair, preserve and manage the same and receive all earnings, income, Rentsrents, issues and Proceeds proceeds accruing with respect thereto or any part thereof. The Mortgagee shall be under no liability to Mortgagor 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 Mortgaged Property or any part thereof, and any Impositions taxes, assessments 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 3.11section 5.9.

Possession, Management and Income. If an Event of Default shall have occurredoccurred and be continuing, in addition to, and not in limitation of, the rights and remedies provided in SECTION Section 1.14, the MortgageeTrustee and the Beneficiary, upon five (5) days written notice to the MortgagorTrustor, may enter upon and take possession of the Collateral Trust Premises or any part thereof by force, summary proceeding, ejectment or otherwise and may remove the Mortgagor Trustor 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 Trustee and the Beneficiary 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 Trustee and the Beneficiary 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 Trust Premises or any part thereof, and any Impositions or other charges prior to the lien and security interest of this Mortgage Deed of Trust which the Mortgagee Trustee and the Beneficiary may consider it necessary or desirable to pay, and any balance of such amounts shall be applied as provided in SECTION Section 3.11.

Possession, Management and Income. If an Event of Default shall have occurredoccurred and be continuing, in addition to, and not in limitation of, the rights and remedies provided in SECTION Section 1.14, the Mortgagee, upon five (5) days written 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 Section 3.11.

Possession, Management and Income. If an Event of Default --------------------------------- shall have occurredoccurred and be continuing, in addition to, and not in limitation of, the rights and remedies provided in SECTION Section 1.14, the Mortgagee, upon five (5) days 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.Section 3.10. ------------

Possession, Management and Income. If an Event of Default shall have occurredoccurred and be continuing, in addition to, and not in limitation of, the rights and remedies provided in SECTION 1.14Section 1.13, the Mortgagee, upon five ten (510) 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 Section 3.11.

Possession, Management and Income. If an Event of Default shall --------------------------------- have occurred, in addition to, occurred and not in limitation of, the rights and remedies provided in SECTION 1.14be continuing, the Mortgagee, upon five (5) days notice with such notice, if any, to the MortgagorMortgagors as may be required by law or as the Mortgagee considers appropriate in the circumstances, and subject to the rights of Tenants and the provisions of applicable law, may (but shall be under no obligation to) immediately enter upon and take possession of the Collateral or any part thereof Premises by forceself-help, summary proceedingproceedings, ejectment or otherwise otherwise, and may remove the each Mortgagor and all other Persons and any and all property therefrom therefrom, and may hold, operate, maintain, repair, preserve operate and manage the same and receive all earnings, income, Rentsrents, issues and Proceeds proceeds accruing with respect thereto or any part thereofthereto; provided, however, that upon the cure of such Event of Default within the permitted time, if any, and if no other Event of Default shall have occurred and be continuing, the Mortgagee will surrender possession of such Premises back to the Mortgagors. 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 (i) for its negligence or willful misconduct or (ii) to the extent required by applicable law, and 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 set forth in SECTION 3.11.Section 5.6

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, Trustee or the Beneficiary upon five (5) days notice to the MortgagorTrustor, may enter upon and take possession of the Collateral Trust Premises or any part thereof by force, summary proceeding, ejectment or otherwise and may remove the Mortgagor Trustor 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 Trustee and the Beneficiary 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 Trustee or the Beneficiary 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 Trust Premises or any part thereof, and any Impositions or other charges prior to the lien and security interest of this Mortgage Deed of Trust which the Mortgagee Trustee or the Beneficiary may consider it necessary or desirable to pay, and any balance of such amounts shall be applied as provided in SECTION Section 3.11.

Possession, Management and Income. If an Event of Default shall --------------------------------- have occurredoccurred and be continuing, 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 Mortgaged Premises or any part thereof by force, summary proceeding, ejectment or otherwise and may remove the Mortgagor and all other Persons persons and any and all property therefrom and may hold, operate, maintain, repair, preserve and manage the same and receive all earnings, income, Rentsrents, issues and Proceeds 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 reasonable costs and expenses of so entering upon, taking possession of, holding, operating, maintaining, repairing, preserving and managing the Collateral Mortgaged Premises or any part thereof, and any Impositions taxes, assessments 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 3.11section 5.10.

Possession, Management and Income. If an Event of Default shall have occurredoccurred and be continuing, in addition to, and not in limitation of, the rights and remedies provided in SECTION Section 1.14, the Mortgagee, Trustee or the Beneficiary upon five (5) days written notice to the MortgagorTrustor, may may, without the further order of or application to the Bankruptcy Court, enter upon and take possession of the Collateral Trust Premises or any part thereof by force, summary proceeding, ejectment or otherwise and may remove the Mortgagor Trustor 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 Trustee and the Beneficiary 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 Trustee or the Beneficiary 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 Trust Premises or any part thereof, and any Impositions or other charges prior to the lien and security interest of this Mortgage Deed of Trust which the Mortgagee Trustee or the Beneficiary may consider it necessary or desirable to pay, and any balance of such amounts shall be applied as provided in SECTION Section 3.11.

Possession, Management and Income. If At any time after the occurrence of an Event of Default shall have occurred, in addition to, and not in limitation of, the rights and remedies provided in SECTION 1.14Default, the Mortgagee, upon five (5) days notice to the MortgagorMortgagor and without the appointment of a receiver or an application therefor, may enter upon and take possession of the Collateral Mortgaged Property or any part thereof by force, summary proceedingproceedings, 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 preserve, lease either in its name or in the name of the Mortgagor) and manage the same and receive all earnings, income, Rentsrents, issues issues, proceeds and Proceeds profits accruing with respect thereto or any part thereof. The Mortgagee shall be under no liability (other than liability for its own gross negligence or willful misconduct) for or by reason of any such taking of possession, entry, removal or removal, holding, operation or management, except that any amounts so received by the Mortgagee shall be applied to pay all reasonable costs and expenses of so entering upon, taking possession of, holding, operating, maintaining, repairing, preserving preserving, leasing and managing the Collateral Mortgaged Property or any part thereof, and any Impositions taxes, assessments 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 3.11Section 4.9 hereof.

Possession, Management and Income. If an Event of Default shall have occurredoccurred and be continuing, in addition to, and not in limitation of, the rights and remedies provided in SECTION Section 1.14, the Mortgagee, Trustee or the Beneficiary upon five (5) days written notice to the MortgagorTrustor, may may, without further order of or application to the Bankruptcy Court, enter upon and take possession of the Collateral Trust Premises or any part thereof by force, summary proceeding, ejectment or otherwise and may remove the Mortgagor Trustor 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 Trustee and the Beneficiary 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 Trustee or the Beneficiary 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 Trust Premises or any part thereof, and any Impositions or other charges prior to the lien and security interest of this Mortgage Deed of Trust which the Mortgagee Trustee or the Beneficiary may consider it necessary or desirable to pay, and any balance of such amounts shall be applied as provided in SECTION Section 3.11.