Common use of Possession of the Mortgaged Property Clause in Contracts

Possession of the Mortgaged Property. It shall not be necessary for Trustee or Beneficiary to have physically present or constructively in their possession at any sale held by Trustee or Beneficiary or by any court, receiver or public officer any or all of the Mortgaged Property; and Mortgagor shall deliver to the purchasers at such sale on the date of sale the Mortgaged Property purchased by such purchasers at such sale, and if it should be impossible or impracticable for any of such purchasers to take actual delivery of the Mortgaged Property, then the title and right of possession to the Mortgaged Property shall pass to such purchaser at such sale as completely as if the same had been actually present and delivered.

Appears in 4 contracts

Samples: Mortgage Agreement (Calpine Corp), Mortgage, Deed of Trust, Assignment, Security Agreement, Financing Statement and Fixture Filing (Calpine Corp), Mortgage, Deed of Trust, Assignment, Security Agreement, Financing Statement and Fixture Filing (Calpine Corp)

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Possession of the Mortgaged Property. It shall not be necessary for Trustee or Beneficiary the Trustees to have physically present or constructively in their possession at any sale held by Trustee or Beneficiary the Trustees or by any court, receiver or public officer any or all of the Mortgaged Property; and the Mortgagor shall deliver to the purchasers at such sale on the date of sale the Mortgaged Property purchased by such purchasers at such sale, and if it should be impossible or impracticable for any of such purchasers to take actual delivery of the Mortgaged Property, then the title and right of possession to the Mortgaged Property shall pass to such purchaser at such sale as completely as if the same had been actually present and delivered.

Appears in 3 contracts

Samples: Credit Facility Agreement (Pioneer Natural Resources Usa Inc), Credit Facility Agreement (Pioneer Natural Resources Co), Credit Facility Agreement (Pioneer Natural Resources Co)

Possession of the Mortgaged Property. It shall not be necessary for the Trustee or Beneficiary to have physically present or constructively in their his possession at any sale held by the Trustee or Beneficiary or by any court, receiver or public officer any or all of the Mortgaged Property; , and Mortgagor shall deliver to the purchasers purchaser at such sale on the date of sale the Mortgaged Property purchased by such purchasers at such sale, and and, if it should be impossible or impracticable for any of such purchasers to take actual delivery of the Mortgaged Property, then the title and right of possession to the Mortgaged Property shall pass to such the purchaser at such sale as completely as if the same had been actually present and delivered.

Appears in 3 contracts

Samples: Mortgage, Deed of Trust, Assignment of Production, Security Agreement and Financing Statement (Transtexas Gas Corp), Mortgage, Deed of Trust, Assignment of Production, Security Agreement and Financing Statement (Transtexas Gas Corp), Mortgage, Deed of Trust, Assignment of Production, Security Agreement and Financing Statement (Transtexas Gas Corp)

Possession of the Mortgaged Property. It shall not be necessary for Trustee the Trustees or Beneficiary the Agent to have physically present or constructively in their possession at any sale held by Trustee the Trustees or Beneficiary the Agent or by any court, receiver or public officer any or all of the Mortgaged Property; and Mortgagor shall deliver to the purchasers at such sale on the date of sale the Mortgaged Property purchased by such purchasers at such sale, and if it should be impossible or impracticable for any of such purchasers to take actual delivery of the Mortgaged Property, then the title and right of possession to the Mortgaged Property shall pass to such purchaser at such sale as completely as if the same had been actually present and delivered.

Appears in 3 contracts

Samples: Mortgage, Deed of Trust, Assignment, Security Agreement (Calpine Corp), Mortgage, Deed of Trust, Assignment, Security Agreement, Financing Statement and Fixture Filing (Calpine Corp), Mortgage, Deed of Trust, Assignment, Security Agreement (Calpine Corp)

Possession of the Mortgaged Property. It shall not be necessary for the Trustee or Beneficiary to have physically present or constructively in their his possession at any sale held by the Trustee or Beneficiary or by any court, receiver or public officer any or all of the Mortgaged Property; and the Mortgagor shall deliver to the purchasers at such sale on the date of sale the Mortgaged Property purchased by such purchasers at such sale, and if it should be impossible or impracticable for any of such purchasers to take actual delivery of the Mortgaged Property, then the title and right of possession to the Mortgaged Property shall pass to such purchaser at such sale as completely as if the same had been actually present and delivered.

Appears in 2 contracts

Samples: Credit Agreement (Concho Resources Inc), Second Lien Credit Agreement (Concho Resources Inc)

Possession of the Mortgaged Property. It shall not be necessary for Trustee or Beneficiary the Mortgagee to have physically present or constructively in their its possession at any sale held by Trustee or Beneficiary the Mortgagee or by any court, receiver or public officer any or all of the Mortgaged Property; and the Mortgagor shall deliver to the purchasers at such sale on the date of sale the Mortgaged Property purchased by such purchasers at such sale, and if it should be impossible or impracticable for any of such purchasers to take actual delivery of the Mortgaged Property, then the title and right of possession to the Mortgaged Property shall pass to such purchaser at such sale as completely as if the same had been actually present and delivered.. #6 - Mortgage -35-

Appears in 1 contract

Samples: Mortgage, Assignment of Revenues, Security Agreement, Fixture Filing and Financing Statement (Uranerz Energy Corp.)

Possession of the Mortgaged Property. It shall not be necessary for the Trustee or Beneficiary to have physically present or constructively in their his possession at any sale held by the Trustee or Beneficiary or by any court, receiver or public officer any or all of the Mortgaged Property; , and Mortgagor shall deliver to the purchasers purchaser at such sale on the date of sale the Mortgaged Property owned by Mortgagor and purchased by such purchasers at such sale, and if it should be impossible or impracticable for any of such purchasers to take actual delivery of the Mortgaged Property, then the title and right of possession to the Mortgaged Property shall pass to such the purchaser at such sale as completely as if the same had been actually present and delivered.

Appears in 1 contract

Samples: Mortgage, Deed of Trust, Assignment of Production, Security Agreement and Financing Statement (Texoil Inc /Nv/)

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Possession of the Mortgaged Property. It shall not be necessary for Trustee or Beneficiary the Mortgagee to have physically present or constructively in their its possession at any sale held by Trustee or Beneficiary the Mortgagee or by any court, receiver or public officer any or all of the Mortgaged Property; , and the Mortgagor shall deliver to the purchasers purchaser at such sale on the date of sale the Mortgaged Property purchased by such purchasers at such sale, and if it should be impossible or impracticable for any of such purchasers to take actual delivery of the Mortgaged Property, then the title and right of possession to the Mortgaged Property shall pass to such the purchaser at such sale as completely as if the same had been actually present and delivered.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Peak Resources LP)

Possession of the Mortgaged Property. It shall not be necessary for Trustee or Beneficiary Mortgagee to have physically present or constructively in their its possession at any sale held by Trustee or Beneficiary Mortgagee or by any court, receiver or public officer any or all of the Mortgaged Property; , and Mortgagor shall deliver to the purchasers purchaser at such sale on the date of sale the Mortgaged Property purchased by such purchasers at such sale, and and, if it should be impossible or impracticable for any of such purchasers to take actual delivery of the Mortgaged Property, then the title and right of possession to the Mortgaged Property shall pass to such the purchaser at such sale as completely as if the same had been actually present and delivered.

Appears in 1 contract

Samples: Mortgage, Deed of Trust, Assignment of Production, Security Agreement and Financing Statement (Transtexas Gas Corp)

Possession of the Mortgaged Property. It shall not be necessary for Trustee or Beneficiary Trustees to have physically present or constructively in their possession at any sale held by Trustee or Beneficiary Trustees or by any court, receiver or public officer any or all of the Mortgaged Property; and Mortgagor shall deliver to the purchasers at such sale on the date of sale the Mortgaged Property purchased by such purchasers at such sale, and if it should be impossible or impracticable for any of such purchasers to take actual delivery of the Mortgaged Property, then the title and right of possession to the Mortgaged Property shall pass to such purchaser at such sale as completely as if the same had been actually present and delivered.

Appears in 1 contract

Samples: Mortgage, Deed of Trust, Assignment, Security Agreement and Financing Statement (Energy Search Inc)

Possession of the Mortgaged Property. It shall not be necessary for Trustee or Beneficiary the Mortgagee to have physically present or constructively in their possession at any sale held by Trustee or Beneficiary the Mortgagee or by any court, receiver or public officer any or all of the Mortgaged Property; , and the Mortgagor shall deliver to the purchasers purchaser at such sale on the date of sale the Mortgaged Property purchased by such purchasers at such sale, and if it should be impossible or impracticable for any of such purchasers to take actual delivery of the Mortgaged Property, then the title and right of possession to the Mortgaged Property shall pass to such the purchaser at such sale as completely as if the same had been actually present and delivered.

Appears in 1 contract

Samples: Mortgage, Assignment of Production, Security Agreement and Financing Statement (Sun River Energy, Inc)

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