Common use of Receiver Clause in Contracts

Receiver. Mortgagee shall, as a matter of right, without notice and without giving bond to Mortgagor or anyone claiming by, under or through Mortgagor, and without regard for the solvency or insolvency of Mortgagor or the then value of the Property, to the extent permitted by applicable law, be entitled to have a receiver appointed for all or any part of the Property and the Rents, and the proceeds, issues and profits thereof, with the rights and powers referenced below and such other rights and powers as the court making such appointment shall confer, and Mortgagor hereby consents to the appointment of such receiver and shall not oppose any such appointment. Such receiver shall have all powers and duties prescribed by applicable law, all other powers which are necessary or usual in such cases for the protection, possession, control, management and operation of the Property, and such rights and powers as Mortgagee would have, upon entering and taking possession of the Property under subsection (c) below.

Appears in 23 contracts

Samples: Mortgage, Assignment of Rents, Security Agreement and Fixture Filing (CNL Healthcare Properties II, Inc.), Purchase and Sale Agreement (Epr Properties), Purchase and Sale Agreement (CNL Lifestyle Properties Inc)

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Receiver. Mortgagee shall, as a matter of right, without notice and without giving bond to Mortgagor or anyone claiming by, under or through Mortgagor, and without regard for the solvency or insolvency of Mortgagor or the then value of the Property, to the extent permitted by applicable law, be entitled to have a receiver appointed for all or any part of the Property and the Rents, and the proceeds, issues and profits thereof, with the rights and powers referenced below and such other rights and powers as the court making such appointment shall confer, and Mortgagor Xxxxxxxxx hereby consents to the appointment of such receiver and shall not oppose any such appointment. Such receiver shall have all powers and duties prescribed by applicable law, all other powers which are necessary or usual in such cases for the protection, possession, control, management and operation of the Property, and such rights and powers as Mortgagee would have, upon entering and taking possession of the Property under subsection (c) below.

Appears in 4 contracts

Samples: Open End Mortgage Assignment of Rents, Security Agreement and Fixture Filing (Glimcher Realty Trust), Open End Mortgage Assignment of Rents, Security Agreement and Fixture Filing (Glimcher Realty Trust), Open End Mortgage Assignment of Rents, Security Agreement and Fixture Filing (Glimcher Realty Trust)

Receiver. Mortgagee Beneficiary shall, as a matter of right, without notice and without giving bond to Mortgagor Trustor or anyone claiming by, under or through MortgagorTrustor, and without regard for the solvency or insolvency of Mortgagor Trustor or the then value of the Property, to the extent permitted by applicable law, be entitled to have a receiver appointed for all or any part of the Property and the Rents, and the proceeds, issues and profits thereof, with the rights and powers referenced below and such other rights and powers as the court making such appointment shall confer, and Mortgagor Trustor hereby consents to the appointment of such receiver and shall not oppose any such appointment. Such receiver shall have all powers and duties prescribed by the applicable lawlaws in effect in the State in which the Property is located, all other powers which are necessary or usual in such cases for the protection, possession, control, management and operation of the Property, and such rights and powers as Mortgagee Beneficiary would have, upon entering and taking possession of the Property under subsection (c) below.

Appears in 3 contracts

Samples: Deed of Trust, Security Agreement, Fixture Filing and Financing Statement (Glimcher Realty Trust), Deed of Trust, Security Agreement, Fixture Filing and Financing Statement (Glimcher Realty Trust), Deed of Trust, Security Agreement, Fixture Filing and Financing Statement (Glimcher Realty Trust)

Receiver. Mortgagee Subject to the requirements (including procedural requirements) of applicable law, Beneficiary shall, as a matter of right, without notice and without giving bond to Mortgagor Grantor or anyone claiming by, under or through MortgagorGrantor, and without regard for the solvency or insolvency of Mortgagor Grantor or the then value of the Property, to the extent permitted by applicable law, be entitled to have a receiver appointed for all or any part of the Property and the Rents, and the proceeds, issues and profits thereof, with the rights and powers referenced below and such other rights and powers as the court making such appointment shall confer, and Mortgagor Grantor hereby consents to the appointment of such receiver and shall not oppose any such appointment. Such receiver shall have all powers and duties prescribed by applicable law, all other powers which are necessary or usual in such cases for the protection, possession, control, management and operation of the Property, and such rights and powers as Mortgagee Beneficiary would have, upon entering and taking possession of the Property under subsection (c) below.

Appears in 3 contracts

Samples: Deed of Trust (Bluerock Residential Growth REIT, Inc.), Deed of Trust (TNP Strategic Retail Trust, Inc.), Deed of Trust (TNP Strategic Retail Trust, Inc.)

Receiver. Mortgagee shall, as a matter of right, without notice and without giving bond to Mortgagor or anyone claiming by, under or through Mortgagor, and without regard for the solvency or insolvency of Mortgagor or the then value of the Property, to the extent permitted by applicable law, be entitled to have a receiver appointed for all or any part of the Property and the Rents, and the proceeds, issues and profits thereof, with the rights and powers referenced below and such other rights and powers as the court making such appointment shall confer, and Mortgagor hereby consents to the appointment of such receiver and shall not oppose any such appointment. Such receiver shall have all powers and duties prescribed by the applicable lawlaws in effect in the state in which the Property is located, all other powers which are necessary or usual in such cases for the protection, possession, control, management and operation of the Property, and such rights and powers as Mortgagee would have, upon entering and taking possession of the Property under subsection (c) below.

Appears in 2 contracts

Samples: Mortgage, Security Agreement, Fixture Filing and Financing Statement (Glimcher Realty Trust), Deed to Secure Debt and Security Agreement (Glimcher Realty Trust)

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Receiver. Mortgagee shall, as a matter of right, without notice and without giving bond to Mortgagor or anyone claiming by, under or through Mortgagor, and without regard for the solvency or insolvency of Mortgagor or the then value of the Property, to the extent permitted by applicable law, be entitled to have a receiver appointed for all or any part of the Property and the Rents, and the proceeds, issues and profits thereof, with the rights and powers referenced below and such other rights and powers as the court making such appointment shall confer, and Mortgagor hereby consents to the appointment of such receiver and shall not oppose any such appointment. Such receiver shall have all powers and duties prescribed by applicable law, all other powers which are necessary or usual in such cases for the protection, possession, control, management and operation of the Property, and such rights and powers as Mortgagee would have, upon entering and taking possession of the Property under subsection (c) below.

Appears in 1 contract

Samples: Credit Agreement (American Dental Partners Inc)

Receiver. Mortgagee shall, as a matter of right, without notice (to the extent permitted by the applicable law) and without giving bond to Mortgagor or anyone claiming by, under or through Mortgagor, and without regard for the solvency or insolvency of Mortgagor or the then value of the Property, to the extent permitted by applicable law, be entitled to have a receiver appointed for all or any part of the Property and the Rents, and the proceeds, issues and profits thereof, with the rights and powers referenced below and such other rights and powers as the court making such appointment shall confer, and Mortgagor hereby consents to the appointment of such receiver and shall not oppose any such appointment. Such receiver shall have all powers and duties prescribed by applicable law, all other powers which are necessary or usual in such cases for the protection, possession, control, management and operation of the Property, and such rights and powers as Mortgagee would have, upon entering and taking possession of the Property under subsection (c) below.

Appears in 1 contract

Samples: Mortgage, Assignment of Rents, Security Agreement and Fixture Filing (TNP Strategic Retail Trust, Inc.)

Receiver. Mortgagee Lender shall, as a matter of right, without notice and without giving bond to Mortgagor Grantor, or anyone claiming by, under or through MortgagorGrantor, and without regard for the solvency or insolvency of Mortgagor Borrower or the then value of the Property, to the extent permitted by applicable law, be entitled to have a receiver appointed for all or any part of the Property and the Rents, and the proceeds, issues and profits thereof, with the rights and powers referenced below and such other rights and powers as the court making such appointment shall confer, and Mortgagor Grantor hereby consents to the appointment of such receiver and shall not oppose any such appointment. Such receiver shall have all powers and duties prescribed by applicable lawlaw and as set forth in the Assignment of Leases and Rents, all other powers which are necessary or usual in such cases for the protection, possession, control, management and operation of the Property, and such rights and powers as Mortgagee Lender would have, upon entering and taking possession of the Property under subsection (cSubsection 5.2(c) below. The appointment of any such receiver shall be permitted in an ex parte proceeding and without the requirement for the posting of a bond or other security.

Appears in 1 contract

Samples: Deed of Trust, Security Agreement, and Financing Statement (Medbox, Inc.)

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