Statutory Power of Sale. This Mortgage is upon the STATUTORY CONDITION and upon the further condition that all covenants and agreements of Grantor in the Purchase Agreements, the Notes, the Security Agreement, the Loan Agreement and the other Loan Documents shall be kept and fully performed and upon any breach of same, Grantee shall have the STATUTORY POWER OF SALE and any other powers given by statute or set forth in Article 4 hereof, including the right to foreclose any and all rights of Grantor in and to the Property, whether by sale, entry, or in any manner provided for hereunder or under Massachusetts General Laws.”
(f) The following portion of Section 3.8(d) of the Existing Mortgage is hereby deleted in its entirety:
Statutory Power of Sale. At maturity, whether at the stated time or prior thereto by the acceleration of maturity pursuant hereto, Lender (in addition to any other remedies provided for herein or which it may have at law or equity) shall have the statutory power of sale, and on foreclosure may retain statutory costs and attorneys’ fees.
Statutory Power of Sale. This Mortgage is upon the STATUTORY CONDITION and upon the further condition that all covenants and agreements on the part of Mortgagor herein undertaken shall be kept and fully and seasonably performed and that no breach of any other of the conditions specified herein shall be permitted, for any breach of which covenants or conditions, Mortgagee shall have the STATUTORY POWER OF SALE.
Statutory Power of Sale. The statutory powers of sale and other powers conferred by the Law of Property Axx 0000 shall, as between a Secured Party and a purchaser from the Secured Parties, arise on and be exercisable at any time after the execution of this Agreement, but no Secured Party shall exercise such power of sale until the security constituted by this Agreement has become enforceable.
Statutory Power of Sale. This Security Instrument is upon the STATUTORY CONDITION and upon the further condition that all covenants and agreements of Borrower in the Note, the Loan Agreement, the Security Instrument and the other Loan Documents, and in all other mortgages, debts and obligations of or from Borrower to or for benefit of Lender shall be kept and fully performed and upon any breach of same, Lender shall have the STATUTORY POWER OF SALE and any other powers given by statute.
Statutory Power of Sale. Section 103 of the Law of Property Act 1925 shall not apply to this Charge, but the statutory power of sale shall (as between the Security Agent and a purchaser from the Security Agent) arise on, and be exercisable at any time after, the execution of this Charge. However, the Security Agent shall not exercise such power of sale until a demand has been made by the Facility Agent or the relevant Beneficiaries under clause 12.2 of the Facility Agreement or a Receiver has been appointed, but this provision shall not affect a purchaser or require him to ask whether a demand or appointment has been made.
Statutory Power of Sale. This Mortgage is upon the STATUTORY CONDITIONS and upon the further condition that all covenants and agreements of the Borrower in the Note, this Mortgage and the Loan Documents, and in all other mortgages, debts and obligations of or from Borrower to or for benefit of Lender shall be kept and fully performed and upon any breach of same, Lender shall have the STATUTORY POWER OF SALE and any other powers given by statute.
Statutory Power of Sale. This Security Instrument is upon the STATUTORY CONDITION and upon the occurrence and during the continuance of an Event of Default, Lender shall have the STATUTORY POWER OF SALE, and on the further condition that upon any default the Lender shall have as to the personal property all the rights and remedies of a secured party under the Massachusetts Uniform Commercial Code, including the option to proceed as to the personal property under the law relating to foreclosure of real estate mortgages, and such further remedies as from time to time may hereafter be provided in Massachusetts for a secured party.
(a) All of the Lender's rights under this Security Instrument may be exercised together or separately. In exercising its power of sale under this Security Instrument, the Lender may sell the personal property, or any part thereof, either separately from or together with the real property portion of the Property or any part of the Property, either as one unit or in such separate units, all as the Lender may in its sole discretion elect; and the Lender may sell the Mortgaged property or any part of the Property either separately from or together with the whole or any part of other collateral which may constitute security for any obligation secured by the Property as the Lender in its sole discretion may elect. Without limiting the generality of the foregoing, Lender's STATUTORY POWER OF SALE shall not be exhausted until all of the Property shall have been struck down at a foreclosure auction and the successful bidders have all accepted and recorded the resulting foreclosure deeds, it being expressly agreed that Lender shall have the power to foreclose upon and sell portions of the Property at different times or days if Lender so elects and Lender also may continue to auction the Property at any foreclosure sale even if the amounts previously struck down at prior foreclosure auction sales for other portions of the Property exceed the amount owed to the Lender by the Borrower (provided Lender duly accounts for the excess proceeds in accordance with applicable law). In the event of any separate sale of personal property, the Lender will give the Borrower reasonable notice of the time and place of any public sale or of the time after which any private sale or other intended disposition thereof is to be made, and such requirement of reasonable notice shall be met if such notice is given within the time period set forth in Article X of this Security Instrument.
(b)...
Statutory Power of Sale. If an Event of Default has occurred and is continuing, the Mortgagee shall have the right and power to exercise any of the following remedies and rights, subject to mandatory provisions of applicable law, to wit:
Statutory Power of Sale. The statutory powers of sale conferred by the Law of Property Xxx 0000 shall, as between 4R and a purchaser from 4R, arise on and be exercisable at any time after the execution of this Deed, but 4R shall not exercise such power of sale until the security constituted by this Deed has become enforceable under paragraph 0 of this 0.
