Common use of Protection of Mortgagee’s Security Clause in Contracts

Protection of Mortgagee’s Security. If Xxxxxxxxx fails to perform any of the covenants and agreements contained in this Mortgage or if any action or proceeding is commenced that affects the Property or the interest of the Mortgagee therein, or the title thereto, then Mortgagee, at its option, may perform such covenants and agreements, defend against or investigate such action or proceeding, and take such other action as Mortgagee deems necessary to protect Mortgagee’s interest. Any amounts or expenses disbursed or incurred by Mortgagee in good faith pursuant to this paragraph with interest thereon at the rate of 10% per annum, shall become an Obligation of Mortgagor secured by this Mortgage. Such amounts advanced or disbursed by Mortgagee hereunder shall be immediately due and payable by Mortgagor unless Xxxxxxxxx and Mortgagee agree in writing to other terms of repayment. Mortgagee shall, at its option, be subrogated to the lien of any mortgage or other lien discharged in whole or in part by the Obligations or by Mortgagee under the provisions hereof, and any such subrogation rights shall be additional and cumulative security for this Mortgage. Nothing contained in this paragraph shall require Mortgagee to incur any expense or do any act hereunder, and Mortgagee shall not be liable to Mortgagor for any damage or claims arising out of action taken by Mortgagee under this paragraph.

Protection of Mortgagee’s Security. If Xxxxxxxxx Subject to the rights of Mortgagor under paragraph 7 hereof, if Mortgagor fails to perform any of the covenants and agreements contained in this Mortgage or if any action or proceeding is commenced that affects which has a material negative effect on the Property Mortgaged Properties or the interest of the Mortgagee therein, or the title thereto, then Mortgagee, at its Mortgagee's option, may perform such covenants and agreements, defend against or and/or investigate such action or proceeding, and take such other action as Mortgagee deems necessary necessary, in its reasonable discretion, to protect Mortgagee’s 's interest. Mortgagee is hereby given the irrevocable power of attorney (which power is coupled with an interest and is irrevocable) to enter upon the Mortgaged Properties as Mortgagor's agent in Mortgagor's name to perform any and all covenants and agreements to be performed by Mortgagor as herein provided if such covenants and agreements are not duly performed by Mortgagor. Any amounts or expenses disbursed or incurred by Mortgagee in good faith pursuant to this paragraph paragraph, with interest thereon at the rate of 10% per annumthereon, shall become an Obligation additional Indebtedness of Mortgagor secured by this Mortgage. Such amounts advanced or disbursed by Mortgagee hereunder shall be immediately due and payable by Unless Mortgagor unless Xxxxxxxxx and Mortgagee agree in writing to other terms of repayment, such amounts shall be immediately due and payable, and shall bear interest from the date of disbursement at the annual rate stated in the Credit Agreement, unless collection from Mortgagor of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Mortgagor under applicable law. Mortgagee shall, at its option, be subrogated to the lien of any mortgage mortgage, deed of trust, or other lien discharged in whole or in part by the Obligations Indebtedness or by Mortgagee under the provisions hereofprovision thereof, and any such subrogation rights shall be additional and cumulative security for this Mortgage. Nothing contained in this paragraph shall require Mortgagee to incur any expense or do any act hereunder, and Mortgagee shall not be liable to Mortgagor for any damage damages or claims arising out of action taken by Mortgagee under pursuant to this paragraph.

Protection of Mortgagee’s Security. If Xxxxxxxxx fails to perform any an Event of the covenants Default shall have occurred and agreements contained in this Mortgage be continuing, or if any action or proceeding is commenced that which affects the Property or title thereto or the interest of the Mortgagee therein, including, but not limited to, eminent domain, insolvency, code enforcement, or the title theretoarrangements or proceedings involving a bankrupt or decedent, then Mortgagee at Mortgagee’s option may make such appearances, at its option, may perform disburse such covenants and agreements, defend against or investigate such action or proceeding, sums and take such other action as Mortgagee deems necessary necessary, in its sole discretion, to protect Mortgagee’s interest, including, but not limited to, (i) disbursement of attorneys’ fees, (ii) entry upon the Property to make repairs, and (iii) procurement of satisfactory insurance as provided in Section 5 hereof. Any amounts or expenses disbursed or incurred by Mortgagee in good faith pursuant to this paragraph Section 8, with interest thereon at the rate of 10% per annumthereon, shall become an Obligation additional Indebtedness of Mortgagor Borrower secured by this MortgageInstrument. Such Unless Borrower and Mortgagee agree to other terms of payment, such amounts advanced or disbursed by Mortgagee hereunder shall be immediately due and payable by Mortgagor unless Xxxxxxxxx and shall bear interest from the date of disbursement at the Default Rate (as defined in the Note). Borrower hereby covenants and agrees that Mortgagee agree in writing to other terms of repayment. Mortgagee shall, at its option, shall be subrogated to the lien of any mortgage or other lien discharged discharged, in whole or in part part, by the Obligations or by Mortgagee under the provisions hereof, and any such subrogation rights shall be additional and cumulative security for this MortgageIndebtedness. Nothing contained in this paragraph Section 8 shall require Mortgagee to incur any expense or do take any act action hereunder, and Mortgagee shall not be liable to Mortgagor for any damage or claims arising out of action taken by Mortgagee under this paragraph.

Protection of Mortgagee’s Security. If Xxxxxxxxx Subject to the rights of Mortgagor under paragraph 8 hereof, as well as in the Loan Agreement, if Mortgagor fails to perform any of the covenants and agreements contained in this Mortgage or if any action or proceeding is commenced that which affects the Mortgaged Property or the interest of the Mortgagee therein, or the title thereto, then Mortgagee, at its Mortgagee's option, may perform such covenants and agreements, defend against or investigate such action or proceeding, and take such other action as Mortgagee deems necessary to protect Mortgagee’s 's interest. Any amounts or expenses disbursed or incurred by Mortgagee in good faith pursuant to this paragraph 12 with interest thereon at the rate Default Rate (as defined in the Loan Agreement) from the date of 10% per annumdisbursement, shall become an Obligation of Mortgagor secured by this Mortgage. Such amounts advanced or disbursed by Mortgagee hereunder shall be immediately due and payable by Mortgagor unless Xxxxxxxxx Mortgagor and Mortgagee agree in writing to other terms of repayment, or as otherwise provided for in the Loan Agreement. Mortgagee shall, at its option, be subrogated to the lien of any mortgage or other lien discharged in whole or in part by the Obligations or by Mortgagee under the provisions hereof, and any such subrogation rights shall be additional and cumulative security for this Mortgage. Nothing contained in this paragraph shall require Mortgagee to incur any expense or do any act hereunder, and Mortgagee shall not be liable to Mortgagor for any damage or claims arising out of action taken by Mortgagee under pursuant to this paragraph.

Protection of Mortgagee’s Security. If Xxxxxxxxx Mortgagor fails to perform any of the covenants and agreements contained in this Mortgage Mortgage, or if any action or proceeding is commenced that which affects the Mortgaged Property or title thereto or the interest of the Mortgagee thereintherein in any material respect, including, but not limited to, eminent domain, or the title theretocode enforcement, then Mortgageeeither Agent, at its such Agent's option, may perform make such covenants and agreementsappearances, defend against or investigate disburse such action or proceeding, sums and take such other action as Mortgagee such Agent deems reasonably necessary to protect Mortgagee’s interest's interest herein, including, but not limited to, disbursement of reasonable attorneys' fees, payment, contest or compromise of any Lien which is prior to the Lien of this Mortgage, and entry upon the Property to make repairs. Any amounts or expenses disbursed or incurred by Mortgagee in good faith any Agent pursuant to this paragraph Paragraph 8, with interest thereon at the rate of 10% per annumthereon, shall become an Obligation a portion of the Secured Obligations. Unless Mortgagor secured by this Mortgage. Such amounts advanced or disbursed by Mortgagee hereunder shall be immediately due and payable by Mortgagor unless Xxxxxxxxx and Mortgagee such Agent agree in writing to other terms of repaymentpayment, such amounts shall be payable upon notice from such Agent to Mortgagor requesting payment thereof and shall bear interest from the date of disbursement at the default rate stated in Section 2.05 the Credit Agreement (the "Default Rate") unless collection from Mortgagor of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Mortgagor under Applicable Law. Mortgagee shall, at its option, be subrogated Mortgagor shall have the right to the lien of any mortgage or other lien discharged prepay such amounts in whole or in part by the Obligations or by Mortgagee under the provisions hereof, and at any such subrogation rights shall be additional and cumulative security for this Mortgagetime. Nothing contained in this paragraph Paragraph 8 shall require Mortgagee any Agent to incur any expense or do any act hereunder, and Mortgagee shall not be liable to Mortgagor for any damage or claims arising out of action taken by Mortgagee under this paragraphact.

Protection of Mortgagee’s Security. If Xxxxxxxxx fails to perform any of the covenants and agreements contained in this City Mortgage or if any action or proceeding is commenced that which affects the Mortgaged Property or the interest of the Mortgagee therein, or the title thereto, then Mortgagee, at its Mortgagee's option, may perform such covenants and agreements, defend against or investigate such action or proceeding, and take such other action as Mortgagee deems necessary to protect Mortgagee’s 's interest. Any amounts or expenses disbursed or incurred by Mortgagee in good faith pursuant to this paragraph with interest thereon at the rate of 10% per annum, shall become an Obligation of Mortgagor secured by this City Mortgage. Such amounts advanced or disbursed by Mortgagee hereunder shall be immediately due and payable by Mortgagor unless Xxxxxxxxx and Mortgagee agree in writing to other terms of repayment. Mortgagee shall, at its option, be subrogated to the lien of any mortgage or other lien discharged in whole or in part by the Obligations or by Mortgagee under the provisions hereof, and any such subrogation rights shall be additional and cumulative security for this City Mortgage. Nothing contained in this paragraph shall require Mortgagee to incur any expense or do any act hereunder, and Mortgagee shall not be liable to Mortgagor for any damage or claims arising out of action taken by Mortgagee under pursuant to this paragraph.

Protection of Mortgagee’s Security. If Xxxxxxxxx Mortgagor fails to perform any of the covenants and agreements contained in this City Mortgage or if any action or proceeding is commenced that which affects the Mortgaged Property or the interest of the Mortgagee therein, or the title thereto, then Mortgagee, at its Mortgagee's option, may perform such covenants and agreements, defend against or investigate such action or proceeding, and take such other action as Mortgagee deems necessary to protect Mortgagee’s 's interest. Any amounts or expenses disbursed or incurred by Mortgagee in good faith pursuant to this paragraph with interest thereon at the rate of 10% per annum, shall become an Obligation of Mortgagor secured by this City Mortgage. Such amounts advanced or disbursed by Mortgagee hereunder shall be immediately due and payable by Mortgagor unless Xxxxxxxxx Mortgagor and Mortgagee agree in writing to other terms of repayment. Mortgagee shall, at its option, be subrogated to the lien of any mortgage or other lien discharged in whole or in part by the Obligations or by Mortgagee under the provisions hereof, and any such subrogation rights shall be additional and cumulative security for this City Mortgage. Nothing contained in this paragraph shall require Mortgagee to incur any expense or do any act hereunder, and Mortgagee shall not be liable to Mortgagor for any damage or claims arising out of action taken by Mortgagee under pursuant to this paragraph.

Protection of Mortgagee’s Security. If Xxxxxxxxx Mortgagor fails to perform any of the covenants and agreements contained in this Mortgage xx xxxx Mortgage, or if any action or proceeding is commenced that which affects the Mortgaged Property or title thereto or the interest of the Mortgagee thereintherein in any material respect, including, but not limited to, eminent domain, or the title theretocode enforcement, then Mortgageeeither Agent, at its such Agent's option, may perform make such covenants and agreementsappearances, defend against or investigate disburse such action or proceeding, sums and take such other action as Mortgagee such Agent deems reasonably necessary to protect Mortgagee’s interest's interest herein, including, but not limited to, disbursement of reasonable attorneys' fees, payment, contest or compromise of any Lien which is prior to the Lien of this Mortgage, and entry upon the Property to make repairs. Any amounts or expenses disbursed or incurred by Mortgagee in good faith any Agent pursuant to this paragraph Paragraph 8, with interest thereon at the rate of 10% per annumthereon, shall become an Obligation a portion of the Secured Obligations. Unless Mortgagor secured by this Mortgage. Such amounts advanced or disbursed by Mortgagee hereunder shall be immediately due and payable by Mortgagor unless Xxxxxxxxx and Mortgagee such Agent agree in writing to other terms of repaymentpayment, such amounts shall be payable upon notice from such Agent to Mortgagor requesting payment thereof and shall bear interest from the date of disbursement at the default rate payable on Prime Rate Loans (the "Default Rate") stated in the Credit Agreement unless collection from Mortgagor of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Mortgagor under Applicable Law. Mortgagee shall, at its option, be subrogated Mortgagor shall have the right to the lien of any mortgage or other lien discharged prepay such amounts in whole or in part by the Obligations or by Mortgagee under the provisions hereof, and at any such subrogation rights shall be additional and cumulative security for this Mortgagetime. Nothing contained in this paragraph Paragraph 8 shall require Mortgagee any Agent to incur any expense or do any act hereunder, and Mortgagee shall not be liable to Mortgagor for any damage or claims arising out of action taken by Mortgagee under this paragraphact.

Protection of Mortgagee’s Security. If Xxxxxxxxx fails to perform any an Event of the covenants Default shall have occurred and agreements contained in this Mortgage be continuing, or if any action or proceeding is commenced that which affects the Property or title thereto or the interest of the Mortgagee therein, including, but not limited to, eminent domain, insolvency, code enforcement, or the title theretoarrangements or proceedings involving a bankrupt or decedent, then Mortgagee at Mortgagee’s option may make such appearances, at its option, may perform disburse such covenants and agreements, defend against or investigate such action or proceeding, sums and take such other action as Mortgagee deems necessary necessary, in its sole discretion, to protect Mortgagee’s interest, including, but not limited to (a) disbursement of reasonable attorneys’ fees, (b) entry upon the Property to make repairs and (c) procurement of satisfactory insurance as provided in Section 5 hereof. Any amounts or expenses disbursed or incurred by Mortgagee in good faith pursuant to this paragraph Section, with interest thereon at the rate of 10% per annumthereon, shall become an Obligation additional Indebtedness of Mortgagor secured by this MortgageInstrument. Such Unless Mortgagor and Mortgagee agree to other terms of payment, such amounts advanced or disbursed by Mortgagee hereunder shall be immediately due and payable by and shall bear interest from the date of disbursement at the Post-Default Rate (as defined in the Reimbursement Agreement). Mortgagor unless Xxxxxxxxx hereby covenants and agrees that Mortgagee agree in writing to other terms of repayment. Mortgagee shall, at its option, shall be subrogated to the lien of any mortgage or other lien discharged discharged, in whole or Chanhassen, Minnesota in part part, by the Obligations or by Mortgagee under the provisions hereof, and any such subrogation rights shall be additional and cumulative security for this MortgageIndebtedness. Nothing contained in this paragraph Section shall require Mortgagee to incur any expense or do take any act action hereunder, and Mortgagee shall not be liable to Mortgagor for any damage or claims arising out of action taken by Mortgagee under this paragraph.

Protection of Mortgagee’s Security. If Xxxxxxxxx Subject to the rights of Mortgagor under paragraph 8 hereof, if Mortgagor fails to perform any of the covenants and agreements contained in this Mortgage or if any action or proceeding is commenced that which affects the Mortgaged Property or the interest of the Mortgagee Mortgagees therein, or the title thereto, then MortgageeMortgagees, at its Mortgagees' option, may perform such covenants and agreements, defend against or investigate such action or proceeding, and take such other action as Mortgagee Mortgagees deems necessary to protect Mortgagee’s Mortgagees' interest. Any amounts or expenses disbursed or incurred by Mortgagee Mortgagees in good faith pursuant to this paragraph 12 with interest thereon at the rate of 109% per annum, shall become an Obligation of Mortgagor secured by this Mortgage. Such amounts advanced or disbursed by Mortgagee Mortgagees hereunder shall be immediately due and payable by Mortgagor unless Xxxxxxxxx Mortgagor and Mortgagee Mortgagees agree in writing to other terms of repayment. Mortgagee Mortgagees shall, at its their option, be subrogated to the lien of any mortgage or other lien discharged in whole or in part by the Obligations or by Mortgagee Mortgagees under the provisions hereof, and any such subrogation rights shall be additional and cumulative security for this Mortgage. Nothing contained in this paragraph shall require Mortgagee Mortgagees to incur any expense or do any act hereunder, and Mortgagee Mortgagees shall not be liable to Mortgagor for any damage or claims arising out of action taken by Mortgagee under Mortgagees pursuant to this paragraph.

Protection of Mortgagee’s Security. If Xxxxxxxxx fails to perform any an Event of the covenants Default shall have occurred and agreements contained in this Mortgage be continuing, or if any action or proceeding is commenced that which affects the Property or title thereto or the interest of the Mortgagee therein, including, but not limited to, Overland Park, Kansas eminent domain, insolvency, code enforcement, or the title theretoarrangements or proceedings involving a bankrupt or decedent, then Mortgagee at Mortgagee’s option may make such appearances, at its option, may perform disburse such covenants and agreements, defend against or investigate such action or proceeding, sums and take such other action as Mortgagee deems necessary necessary, in its sole discretion, to protect Mortgagee’s interest, including, but not limited to (a) disbursement of reasonable attorneys’ fees, (b) entry upon the Property to make repairs and (c) procurement of satisfactory insurance as provided in Section 5 hereof. Any amounts or expenses disbursed or incurred by Mortgagee in good faith pursuant to this paragraph Section, with interest thereon at the rate of 10% per annumthereon, shall become an Obligation additional Indebtedness of Mortgagor secured by this MortgageInstrument. Such Unless Mortgagor and Mortgagee agree to other terms of payment, such amounts advanced or disbursed by Mortgagee hereunder shall be immediately due and payable by and shall bear interest from the date of disbursement at the Post-Default Rate (as defined in the Reimbursement Agreement). Mortgagor unless Xxxxxxxxx hereby covenants and agrees that Mortgagee agree in writing to other terms of repayment. Mortgagee shall, at its option, shall be subrogated to the lien of any mortgage or other lien discharged discharged, in whole or in part part, by the Obligations or by Mortgagee under the provisions hereof, and any such subrogation rights shall be additional and cumulative security for this MortgageIndebtedness. Nothing contained in this paragraph Section shall require Mortgagee to incur any expense or do take any act action hereunder, and Mortgagee shall not be liable to Mortgagor for any damage or claims arising out of action taken by Mortgagee under this paragraph.