Common use of Protection of Lxxxxx’s Security; Instrument Secures Future Advances Clause in Contracts

Protection of Lxxxxx’s Security; Instrument Secures Future Advances. (a) If Borrower fails to perform any of its obligations under this Instrument or any other Loan Document, or if any action or proceeding is commenced which purports to affect the Mortgaged Property, Lender’s security or Lender’s rights under this Instrument, including eminent domain, insolvency, code enforcement, civil or criminal forfeiture, enforcement of Hazardous Materials Laws, fraudulent conveyance or reorganizations or proceedings involving a bankrupt or decedent, then Lender at Lender’s option may make such appearances, file such documents, disburse such sums and take such actions as Lender reasonably deems necessary to perform such obligations of Borrower and to protect Lxxxxx’s interest, including all of the following: (i) Lender may pay Attorneys’ Fees and Costs. (ii) Lender may pay fees and out-of-pocket expenses of accountants, inspectors and consultants. (iii) Lender may enter upon the Mortgaged Property to make Repairs or secure the Mortgaged Property. (iv) Lender may procure the Insurance required by the Loan Agreement. (v) Lender may pay any amounts which Bxxxxxxx has failed to pay under the Loan Agreement. (vi) Lender may perform any of Borrower’s obligations under the Loan Agreement. (vii) Lender may make advances to pay, satisfy or discharge any obligation of Borrower for the payment of money that is secured by a Prior Lien. (b) Any amounts disbursed by Lender under this Section 7, or under any other provision of this Instrument that treats such disbursement as being made under this Section 7, will be secured by this Instrument, will be added to, and become part of, the principal component of the Indebtedness, will be immediately due and payable and will bear interest from the date of disbursement until paid at the Default Rate. (c) Nothing in this Section 7 will require Lender to incur any expense or take any action.

Appears in 2 contracts

Samples: Multifamily Deed to Secure Debt, Assignment of Rents and Security Agreement (Bluerock Residential Growth REIT, Inc.), Multifamily Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing (Bluerock Residential Growth REIT, Inc.)

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Protection of Lxxxxx’s Security; Instrument Secures Future Advances. (a) If Borrower fails to perform any of its obligations under this Instrument or any other Loan Document, or if any action or proceeding is commenced which purports to affect the Mortgaged Property, LenderLxxxxx’s security or Lender’s rights under this Instrument, including eminent domain, insolvency, code enforcement, civil or criminal forfeiture, enforcement of Hazardous Materials Laws, fraudulent conveyance or reorganizations or proceedings involving a bankrupt or decedent, then Lender at Lender’s option may make such appearances, file such documents, disburse such sums and take such actions as Lender reasonably deems necessary to perform such obligations of Borrower and to protect LxxxxxLender’s interest, including all of the following: (i) Lender may pay payment of Attorneys’ Fees and Costs. , (ii) Lender may pay payment of fees and out-of-pocket expenses of accountants, inspectors and consultants. , (iii) Lender may enter entry upon the Mortgaged Property to make Repairs repairs or secure the Mortgaged Property. , (iv) Lender may procure procurement of the Insurance insurance required by the Loan Agreement. Section 19, (v) Lender may pay any payment of amounts which Bxxxxxxx Borrower has failed to pay under the Loan Agreement. Sections 15 and 17, and (vi) Lender may perform any of Borrower’s obligations under the Loan Agreement. (vii) Lender may make advances made by Lxxxxx to pay, satisfy or discharge any obligation of Borrower for the payment of money that is secured by a pre-existing mortgage, deed of trust or other lien encumbering the Mortgaged Property (a "Prior Lien"). (b) Any amounts disbursed by Lender under this Section 712, or under any other provision of this Instrument that treats such disbursement as being made under this Section 712, will shall be secured by this Instrument, will shall be added to, and become part of, the principal component of the Indebtedness, will shall be immediately due and payable and will shall bear interest from the date of disbursement until paid at the Default Rate,” as defined in the Note. (c) Nothing in this Section 7 will 12 shall require Lender to incur any expense or take any action.

Appears in 1 contract

Samples: Multifamily Deed of Trust, Assignment of Rents and Security Agreement (NTS Realty Holdings Lp)

Protection of Lxxxxx’s Security; Instrument Secures Future Advances. (a) If Borrower fails to perform any of its obligations under this Instrument or any other Loan Document, or if any action or proceeding is commenced which purports to affect the Mortgaged Property, Lender’s security or Lender’s rights under this Instrument, including eminent domain, insolvency, code enforcement, civil or criminal forfeiture, enforcement of Hazardous Materials Laws, fraudulent conveyance or reorganizations or proceedings involving a bankrupt or decedent, then Lender at Lender’s option may make such appearances, file such documents, disburse such sums and take such actions as Lender reasonably deems necessary to perform such obligations of Borrower and to protect Lxxxxx’s interest, including all of the following: (i) Lender may pay payment of Attorneys’ Fees and Costs. , (ii) Lender may pay payment of fees and out-of-pocket expenses of accountants, inspectors and consultants. , (iii) Lender may enter entry upon the Mortgaged Property to make Repairs repairs or secure the Mortgaged Property. , (iv) Lender may procure procurement of the Insurance insurance required by the Loan Agreement. Section 19, and (v) Lender may pay any payment of amounts which Bxxxxxxx Borrower has failed to pay under the Loan Agreement. (vi) Lender may perform any of Borrower’s obligations under the Loan Agreement. (vii) Lender may make advances to pay, satisfy or discharge any obligation of Borrower for the payment of money that is secured by a Prior LienSections 15 and 17. (b) Any amounts disbursed by Lender under this Section 712, or under any other provision of this Instrument that treats such disbursement as being made under this Section 712, will shall be secured by this Instrument, will shall be added to, and become part of, the principal component of the Indebtedness, will shall be immediately due and payable and will shall bear interest from the date of disbursement until paid at the Default Rate,” as defined in the Note. (c) Nothing in this Section 7 will 12 shall require Lender to incur any expense or take any action.

Appears in 1 contract

Samples: Multifamily Deed of Trust, Assignment of Rents and Security Agreement and Fixture Filing (Capital Senior Living Corp)

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Protection of Lxxxxx’s Security; Instrument Secures Future Advances. (a) If Borrower fails to perform any of its obligations under this Instrument or any other Loan Document, or if any action or proceeding is commenced which purports to affect the Mortgaged Property, Lender’s 's security or Lender’s 's rights under this Instrument, including eminent domain, insolvency, code enforcement, civil or criminal forfeiture, enforcement of Hazardous Materials Laws, fraudulent conveyance or reorganizations or proceedings involving a bankrupt or decedent, then Lender at Lender’s 's option may make such appearances, file such documents, disburse such sums and take such actions as Lender reasonably deems necessary to perform such obligations of Borrower and to protect Lxxxxx’s 's interest, including all of the following: (i) Lender may pay payment of Attorneys' Fees and Costs. , (ii) Lender may pay payment of fees and out-of-pocket expenses of accountants, inspectors and consultants. , (iii) Lender may enter entry upon the Mortgaged Property to make Repairs repairs or secure the Mortgaged Property. , (iv) Lender may procure procurement of the Insurance insurance required by the Loan Agreement. Section 19, (v) Lender may pay any payment of amounts which Bxxxxxxx has failed to pay under the Loan Agreement. Sections 15 and 17, and (vi) Lender may perform any of Borrower’s obligations under the Loan Agreement. (vii) Lender may make advances made by Lxxxxx to pay, satisfy or discharge any obligation of Borrower for the payment of money that is secured by a pre-existing mortgage, deed of trust or other lien encumbering the Mortgaged Property (a "Prior Lien"). (b) Any amounts disbursed by Lender under this Section 712, or under any other provision of this Instrument that treats such disbursement as being made under this Section 712, will shall be secured by this Instrument, will shall be added to, and become part of, the principal component of the Indebtedness, will shall be immediately due and payable and will shall bear interest from the date of disbursement until paid at the "Default Rate," as defined in the Note. (c) Nothing in this Section 7 will 12 shall require Lender to incur any expense or take any action.

Appears in 1 contract

Samples: Multifamily Mortgage, Assignment of Rents and Security Agreement (Emeritus Corp\wa\)

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