Common use of Right of Possession Clause in Contracts

Right of Possession. Upon the occurrence of an Event of Default and to the extent permitted by law, Mortgagee, at its option, shall have the right, personally or by its agents or attorneys, to enter upon and to take and maintain possession of all or any portion of the Premises and to take and maintain possession of all documents, books, records, papers and accounts of Mortgagor or the then manager of the Premises relating thereto and may exclude Mortgagor, its agents or servants, wholly therefrom and may, personally or by its agents or attorneys as agent of Mortgagor or in its own name as Mortgagee and under the powers herein granted possess, operate, manage and control the Premises and conduct any business thereon with full power to collect all rents, issues and profits from the Premises, take such action, legal or equitable, as may, in its discretion, be necessary or desirable to protect or enforce the payment of the rents, issues and profits from the Premises, including instituting actions for recovery of rent, actions in forcible detainer and actions in distress for rent, cancel or terminate any tenancy, lease or sublease for any cause or reason which would entitle Mortgagor to cancel such tenancy, lease or sublease, elect to disaffirm any tenancy, lease or sublease made subsequent to this Mortgage or subordinated to the lien of this Mortgage, extend or modify any then existing lease or tenancy and make new leases, which extensions, modifications and new leases may provide for terms or options for terms to expire beyond the maturity date of the indebtedness secured by this Mortgage, it being understood and agreed that any such leases and the options and other provisions contained therein shall be binding upon Mortgagor, upon all persons whose interests in the Premises are subject to the lien of this Mortgage and upon any purchaser or purchasers at any foreclosure sale notwithstanding any redemption from sale, discharge of the indebtedness secured by this Mortgage, satisfaction of any foreclosure decree or issuance of any certificate of sale or deed to any purchaser or purchasers at any foreclosure sale, make all repairs, decorations, renewals, replacements, alterations, additions and improvements to the Premises as Mortgagee may deem necessary or desirable, insure and reinsure the Premises and all risks incident to the possession, operation, management and control of the Premises by Mortgagee and take such other action for the possession, operation, management and control of the Premises as Mortgagee may deem necessary or appropriate.

Right of Possession. Upon Subject to the rights of Landlord under the Property Lease and the Agreement Regarding Lease, the terms and conditions of the Property Lease and the Agreement Regarding Lease and except to the extent otherwise provided in the Property Lease or in the Agreement Regarding Lease, following the occurrence of an Event of Default and during the continuance thereof, Leasehold Mortgagor shall, immediately upon Leasehold Mortgagee’s demand, surrender to the extent permitted by law, Leasehold Mortgagee, at its option, and Leasehold Mortgagee shall have be entitled to take actual possession of the rightProperty or any part thereof, personally or by its agents agent or attorneys, to . Leasehold Mortgagee may enter upon and to take and maintain possession or may apply to the court in which a foreclosure is pending to be placed in possession of all or any portion part of the Premises and to take and maintain possession of Property, together with all documents, books, records, papers papers, and accounts of Leasehold Mortgagor or the then manager owner of the Premises Property relating thereto and thereto. Leasehold Mortgagee may exclude Leasehold Mortgagor, its such owner, and any agents and servants from the Property. As attorney-in-fact or servants, wholly therefrom and may, personally or by its agents or attorneys as agent of Leasehold Mortgagor or such owner, or in its own name as Leasehold Mortgagee and under the powers herein granted possessmay hold, operate, manage manage, and control all or any part of the Premises and conduct any business thereon with Property, either personally or by its agents. Leasehold Mortgagee shall have full power to collect all rents, issues and profits from the Premises, take use such actionmeasures, legal or equitable, as may, in its discretion, be it may deem proper or necessary or desirable to protect or enforce the payment or security of the rents, issues issues, deposits, profits, and profits from avails of the PremisesProperty, including instituting actions for recovery of rent, actions in forcible detainer detainer, and actions in distress for rent, cancel or terminate any tenancy, lease or sublease for any cause or reason which would entitle Mortgagor all without notice to cancel such tenancy, lease or sublease, elect to disaffirm any tenancy, lease or sublease made subsequent to this Mortgage or subordinated to the lien of this Mortgage, extend or modify any then existing lease or tenancy and make new leases, which extensions, modifications and new leases may provide for terms or options for terms to expire beyond the maturity date of the indebtedness secured by this Mortgage, it being understood and agreed that any such leases and the options and other provisions contained therein shall be binding upon Leasehold Mortgagor, upon all persons whose interests in the Premises are subject to the lien of this Mortgage and upon any purchaser or purchasers at any foreclosure sale notwithstanding any redemption from sale, discharge of the indebtedness secured by this Mortgage, satisfaction of any foreclosure decree or issuance of any certificate of sale or deed to any purchaser or purchasers at any foreclosure sale, make all repairs, decorations, renewals, replacements, alterations, additions and improvements to the Premises as Mortgagee may deem necessary or desirable, insure and reinsure the Premises and all risks incident to the possession, operation, management and control of the Premises by Mortgagee and take such other action for the possession, operation, management and control of the Premises as Mortgagee may deem necessary or appropriate.

Right of Possession. Upon In any case in which Mortgagee has a right to institute foreclosure proceedings (whether or not the occurrence entire principal sum secured hereby becomes immediately due and payable or whether before or after the institution of an Event foreclosure proceedings or whether before or after judgment thereunder and at all times until the expiration of Default and any redemption period for the foreclosure of this Mortgage, if any), Mortgagor shall, immediately upon Mortgagee's demand, surrender to the extent permitted by law, Mortgagee, at its option, and Mortgagee shall have be entitled to take actual possession of the rightProperty or any part thereof, personally or by its agents agent or attorneys, to . Mortgagee may enter upon and to take and maintain possession or may apply to the court, and shall be entitled to receive, appointment of a receiver of all or any portion part of the Premises and to take and maintain possession of Property, together with all documents, books, records, papers papers, and accounts of Mortgagor or the then manager owner of the Premises Property relating thereto thereto, and Mortgagor hereby consents to such appointment. To the extent permitted by law, Mortgagee may exclude Mortgagor, such owner, and any agents and servants from the Property. As attorney-in-fact or agent of Mortgagor or such owner, or in its agents own name, Mortgagee may hold, operate, manage, and control all or servantsany part of the Property and conduct the business thereof, wholly therefrom and may, either personally or by its agents or attorneys as agent of Mortgagor or in its own name as agents. Mortgagee and under the powers herein granted possess, operate, manage and control the Premises and conduct any business thereon with shall have full power to collect all rents, issues and profits from the Premises, take use such actionmeasures, legal or equitable, as may, in its discretion, be it may deem proper or necessary or desirable to protect or enforce the payment or security of the rents, issues issues, deposits, profits, and profits from avails of the PremisesProperty, including instituting actions for recovery of rent, actions in forcible detainer detainer, and actions in distress for rent, cancel or terminate any tenancy, lease or sublease for any cause or reason which would entitle Mortgagor all without notice to cancel such tenancy, lease or sublease, elect to disaffirm any tenancy, lease or sublease made subsequent to this Mortgage or subordinated to the lien of this Mortgage, extend or modify any then existing lease or tenancy and make new leases, which extensions, modifications and new leases may provide for terms or options for terms to expire beyond the maturity date of the indebtedness secured by this Mortgage, it being understood and agreed that any such leases and the options and other provisions contained therein shall be binding upon Mortgagor, upon all persons whose interests in the Premises are subject to the lien of this Mortgage and upon any purchaser or purchasers at any foreclosure sale notwithstanding any redemption from sale, discharge of the indebtedness secured by this Mortgage, satisfaction of any foreclosure decree or issuance of any certificate of sale or deed to any purchaser or purchasers at any foreclosure sale, make all repairs, decorations, renewals, replacements, alterations, additions and improvements to the Premises as Mortgagee may deem necessary or desirable, insure and reinsure the Premises and all risks incident to the possession, operation, management and control of the Premises by Mortgagee and take such other action for the possession, operation, management and control of the Premises as Mortgagee may deem necessary or appropriate.

Right of Possession. Upon Subject to the rights of Landlord under the Property Lease and the Agreement Regarding Lease, the terms and conditions of the Property Lease and the Agreement Regarding Lease and except to the extent otherwise provided in the Property Lease or in the Agreement Regarding Lease, following the occurrence of an Event of Default and during the continuance thereof, Leasehold Mortgagor shall, immediately upon Leasehold Mortgagee’s demand, surrender to the extent permitted by law, Leasehold Mortgagee, at its option, and Leasehold Mortgagee shall have be entitled to take actual possession of the rightProperty or any part thereof, personally or by its agents agent or attorneys, to . Leasehold Mortgagee may enter upon and to take and maintain possession or may apply to the court in which a foreclosure is pending to be placed in possession of all or any portion part of the Premises and to take and maintain possession of Property, together with all documents, books, records, papers papers, and accounts of Leasehold Mortgagor or the then manager owner of the Premises Property relating thereto and thereto. Leasehold Mortgagee may exclude Leasehold Mortgagor, its such owner, and any agents and servants from the Property. As attorney- in-fact or servants, wholly therefrom and may, personally or by its agents or attorneys as agent of Leasehold Mortgagor or such owner, or in its own name as Leasehold Mortgagee and under the powers herein granted possessmay hold, operate, manage manage, and control all or any part of the Premises and conduct any business thereon with Property, either personally or by its agents. Leasehold Mortgagee shall have full power to collect all rents, issues and profits from the Premises, take use such actionmeasures, legal or equitable, as may, in its discretion, be it may deem proper or necessary or desirable to protect or enforce the payment or security of the rents, issues issues, deposits, profits, and profits from avails of the PremisesProperty, including instituting actions for recovery of rent, actions in forcible detainer detainer, and actions in distress for rent, cancel or terminate any tenancy, lease or sublease for any cause or reason which would entitle Mortgagor all without notice to cancel such tenancy, lease or sublease, elect to disaffirm any tenancy, lease or sublease made subsequent to this Mortgage or subordinated to the lien of this Mortgage, extend or modify any then existing lease or tenancy and make new leases, which extensions, modifications and new leases may provide for terms or options for terms to expire beyond the maturity date of the indebtedness secured by this Mortgage, it being understood and agreed that any such leases and the options and other provisions contained therein shall be binding upon Leasehold Mortgagor, upon all persons whose interests in the Premises are subject to the lien of this Mortgage and upon any purchaser or purchasers at any foreclosure sale notwithstanding any redemption from sale, discharge of the indebtedness secured by this Mortgage, satisfaction of any foreclosure decree or issuance of any certificate of sale or deed to any purchaser or purchasers at any foreclosure sale, make all repairs, decorations, renewals, replacements, alterations, additions and improvements to the Premises as Mortgagee may deem necessary or desirable, insure and reinsure the Premises and all risks incident to the possession, operation, management and control of the Premises by Mortgagee and take such other action for the possession, operation, management and control of the Premises as Mortgagee may deem necessary or appropriate.