Common use of The Beneficiary's Right to Enter and Take Possession Clause in Contracts

The Beneficiary's Right to Enter and Take Possession. If an Event of Default has occurred and is continuing, the Beneficiary may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Property and take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts that it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, increase the income therefrom or protect the security thereof. The entering upon and taking possession of the Security will not cure or waive any Event of Default or Notice of Sale (as defined in Section 7.3(c), below) hereunder or invalidate any act done in response to such Event of Default or pursuant to such Notice of Sale, and, notwithstanding the continuance in possession of the Security, Beneficiary will be entitled to exercise every right provided for in this Deed of Trust, or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; (c) Deliver to Trustee a written declaration of an Event of Default and demand for sale, and a written notice of default and election to cause Trustor's interest in the Security to be sold ("Notice of Sale"), which notice Trustee or Beneficiary shall cause to be duly filed for record in the Official Records of Contra Costa County; or (d) Exercise all other rights and remedies provided herein, in the instruments by which the Trustor acquires title to any Security, or in any other document or agreement now or hereafter evidencing, creating or securing the Secured Obligations.

The Beneficiary's Right to Enter and Take Possession. If an Event of Default has shall have occurred and is be continuing, the Beneficiary may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Property Security and take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts that which it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, increase the income therefrom or protect the security thereof. The entering upon and taking possession of the Security will shall not cure or waive any Event of Default or Notice of Sale Default and Election to Sell (as defined in Section 7.3(c), below) hereunder or invalidate any act done in response to such Event of Default or pursuant to such Notice of SaleDefault and Election to Sell, and, notwithstanding the continuance in possession of the Security, Beneficiary will shall be entitled to exercise every right provided for in this Deed of Trust, or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; (c) Deliver to Trustee a written declaration of an Event of Default default and demand for sale, and a written notice to Trustor of default and election to cause Trustor's interest in the Security to be sold sold, or such other notice(s) that may be required under applicable law (collectively, "Notice of SaleDefault and Election to Sell"), which notice Trustee or Beneficiary shall cause to be duly filed for record in the Official Records of Contra Costa Countythe City and County of San Francisco ("Official Records"); or (d) Exercise all other rights and remedies provided herein, in the instruments by which the Trustor acquires title to any Security, or in any other document or agreement now or hereafter evidencing, creating or securing all or any portion of the Secured Obligationsobligations secured hereby, or provided by law.

The Beneficiary's Right to Enter and Take Possession. If an Event of Default has shall have occurred and is be continuing, the Beneficiary may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Property and take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts that which it deems necessary or desirable to preserve the value value, marketability or marketability rentability of the Property, or part thereof or interest therein, increase the income therefrom or protect the security Security hereof and, with or without taking possession of the Property, xxx for or otherwise collect the rents, issues and profits thereof, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including attorneys’ fees, upon any indebtedness secured hereby, all in such order as Beneficiary may determine. The entering upon and taking possession of the Security will Property, the collection of such rents, issues and profits and the application thereof, as aforesaid, shall not cure or waive any Event Default or notice of Default or Notice of Sale (as defined in Section 7.3(c), below) hereunder or invalidate any act done in response to such Event of Default or pursuant to such Notice notice of Sale, Default and, notwithstanding the continuance in possession of the SecurityProperty or the collection, receipt and application of rents, issues or profits, Beneficiary will shall be entitled to exercise every right provided for in this Deed of Trust, the Agreement or by law upon occurrence of any Event of Default, including the right to exercise the power of sale. Trustor requests that a copy of any Notice of Default and a copy of any Notice of Sale hereunder be mailed to Trustor if at its address given herein; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; (c) Deliver to Trustee a written declaration of an Event of Default default and demand for sale, and a written notice of default and election to cause Trustor's ’s interest in the Security property to be sold ("Notice of Sale")sold, which notice Trustee or Beneficiary shall cause to be duly filed for record in the Official Records of Contra Costa Countythe County in which the Property is located; or (d) Exercise all other rights and remedies provided herein, in the instruments by which the Trustor acquires title to the Property, including any Security, or in any other document or agreement now or hereafter evidencing, creating or securing all or any portion of the Secured Obligationsobligations secured hereby, or provided by law.

The Beneficiary's Right to Enter and Take Possession. If an Event of Default has occurred and is continuing, the Beneficiary may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Property and take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts that it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, increase the income therefrom or protect the security thereof. The entering upon and taking possession of the Security will not cure or waive any Event of Default or Notice of Sale (as defined in Section 7.3(c), below) hereunder or invalidate any act done in response to such Event of Default or pursuant to such Notice of Sale, and, notwithstanding the continuance in possession of the Security, Beneficiary will be entitled to exercise every right provided for in this Deed of Trust, or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; (c) Deliver to Trustee a written declaration of an Event of Default and demand for sale, and a written notice of default and election to cause Trustor's interest in the Security to be sold ("Notice of Sale"), which notice Trustee or Beneficiary shall cause to be duly filed for record in the Official Records of Contra Costa San Bernardino County; or (d) Exercise all other rights and remedies provided herein, in the instruments by which the Trustor acquires title to any Security, or in any other document or agreement now or hereafter evidencing, creating or securing the Secured Obligations.

The Beneficiary's Right to Enter and Take Possession. If an Event of Default has shall have occurred and is continuingbe continuing or not be cured, the Beneficiary may: (a) A. Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Property and take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts that which it deems necessary or desirable to preserve the value value, marketability or marketability rentability of the Property, or part thereof or interest therein, increase the income therefrom or protect the security Security hereof and with or without taking possession of the Property, sue for or otherwise collect rents, issues and profits thereof, including those past due and unpaid, and apply the same, less costs and expense of operation and collection, including attorneys’ fees, upon any indebtedness secured hereby, all in such order as Beneficiary may determine. The entering upon and taking possession of the Security will Property, the collection of such rents, issues and profits and the application thereof, as aforesaid, shall not cure or waive any Event of Default or Notice notice of Sale (as defined in Section 7.3(c), below) Event of Default hereunder or invalidate any act done in response to such Event of Default or pursuant to such Notice notice of Sale, Event of Default and, notwithstanding the continuance in possession of the SecurityProperty or the collection, receipt and application of rents, issues or profits, Beneficiary will shall be entitled to exercise every right provided for in this Deed of Trust, Trust or by law upon occurrence of any Event of Default, including the right to exercise the power of sale. Trustor requests that a copy of any notice of default and a copy of any Notice of Trustee’s Sale hereunder be mailed to Trustor at the address herein given; (b) B. Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; (c) Deliver X. Xxxxxxx to Trustee a written declaration of an Event of Default default and demand for sale, and a written notice of default and election to cause Trustor's ’s interest in the Security Property to be sold ("Notice of Sale")sold, which notice Trustee or Beneficiary shall cause to be duly filed for record recorded in the Official Records of Contra Costa San Mateo County; or (d) D. Exercise all other rights and remedies provided herein, in the instruments by which the Trustor acquires title to the Property, including any Security, or in any other document or agreement now or hereafter evidencing, creating or securing all or any portion of the Secured Obligationsobligations secured hereby, or provided by law.

The Beneficiary's Right to Enter and Take Possession. If an Event of Default has shall have occurred and is be continuing, the Beneficiary may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Property Security and take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts that which it deems necessary or desirable to preserve the value or marketability of the PropertySecurity, or part thereof or interest therein, increase the income therefrom or protect the security thereofthereof and, with or without taking possession of the Security, sue for or otherwise collect the Rents, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection including without limitation attorneys’ fees, against any indebtedness secured hereby, all in such order as Beneficiary may determine. The entering upon and taking possession of the Security will the collection of such Rents and the application thereof as aforesaid shall not cure or waive any Event of Default or Notice notice of Sale (as defined in Section 7.3(c), below) default hereunder or invalidate any act done in response to such Event of Default or pursuant to such Notice notice of Saledefault, and, notwithstanding the continuance in possession of the Security, Beneficiary will shall be entitled to exercise every right provided for in this Deed of Trust, or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; (c) Deliver to Trustee a written declaration of an Event of Default default and demand for sale, and a written notice of default and election to cause Trustor's ’s interest in the Security to be sold ("Notice of Sale")sold, which notice Trustee or Beneficiary shall cause to be duly filed for record in the Official Records of Contra Costa Orange County; or (d) Exercise all other rights and remedies provided herein, in the instruments by which the Trustor acquires title to any Security, or in any other document or agreement now or hereafter evidencing, creating or securing all or any portion of the Secured ObligationsObligations secured hereby, or provided by law.

The Beneficiary's Right to Enter and Take Possession. If an Event of Default has occurred and is continuing, the Beneficiary may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Property and take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts that it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, increase the income therefrom or protect the security thereof. The entering upon and taking possession of the Security will not cure or waive any Event of Default or Notice of Sale (as defined in Section 7.3(c), below) hereunder or invalidate any act done in response to such Event of Default or pursuant to such Notice of Sale, and, notwithstanding the continuance in possession of the Security, Beneficiary will be entitled to exercise every right provided for in this Deed of Trust, or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; (c) Deliver to Trustee a written declaration of an Event of Default default and demand for sale, and a written notice of default and election to cause Trustor's interest in the Security to be sold ("Notice of Sale"), which notice Trustee or Beneficiary shall cause to be duly filed for record in the Official Records of Contra Costa County; or (d) Exercise all other rights and remedies provided herein, in the instruments by which the Trustor acquires title to any Security, or in any other document or agreement now or hereafter evidencing, creating or securing the Secured Obligations.

The Beneficiary's Right to Enter and Take Possession. If an Event of Default has shall have occurred and is be continuing, the Beneficiary may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Property Security and take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts that which it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, increase the income therefrom or protect the security thereof. The entering upon and taking possession of the Security will shall not cure or waive any Event of Default or Notice of Sale Default (as defined in Section 7.3(c), below) hereunder or invalidate any act done in response to such Event of Default or pursuant to such Notice of Sale, Default and, notwithstanding the continuance in possession of the Security, Beneficiary will shall be entitled to exercise every right provided for in this Deed of Trust, or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; (c) Deliver to Trustee a written declaration of an Event of Default default and demand for sale, and a written notice of default and election to cause Trustor's interest in the Security to be sold ("Notice of SaleDefault and Election to Sell"), which notice Trustee or Beneficiary shall cause to be duly filed for record in the Official Records of Contra Costa Santa Xxxxx County; or (d) Exercise all other rights and remedies provided herein, in the instruments by which the Trustor acquires title to any Security, or in any other document or agreement now or hereafter evidencing, creating or securing all or any portion of the Secured Obligationsobligations secured hereby, or provided by law.

The Beneficiary's Right to Enter and Take Possession. If an Event of Default has shall have occurred and is be continuing, the Beneficiary may: (a) : Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Property Security and take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts that which it deems necessary or desirable to preserve the value or marketability of the PropertySecurity, or part thereof or interest therein, increase the income therefrom or protect the security thereofthereof and, with or without taking possession of the Security, sue for or otherwise collect the Rents, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection including without limitation attorneys fees, against any indebtedness secured hereby, all in such order as Beneficiary may determine. The entering upon and taking possession of the Security will the collection of such Rents and the application thereof as aforesaid shall not cure or waive any Event of Default or Notice notice of Sale (as defined in Section 7.3(c), below) default hereunder or invalidate any act done in response to such Event of Default or pursuant to such Notice notice of Saledefault, and, notwithstanding the continuance in possession of the Security, Beneficiary will shall be entitled to exercise every right provided for in this Deed of Trust, or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) ; Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; (c) ; Deliver to Trustee a written declaration of an Event of Default default and demand for sale, and a written notice of default and election to cause Trustor's ’s interest in the Security to be sold ("Notice of Sale")sold, which notice Trustee or Beneficiary shall cause to be duly filed for record in the Official Records of Contra Costa Orange County; or (d) or Exercise all other rights and remedies provided herein, in the instruments by which the Trustor acquires title to any Security, or in any other document or agreement now or hereafter evidencing, creating or securing all or any portion of the Secured ObligationsObligations secured hereby, or provided by law.

The Beneficiary's Right to Enter and Take Possession. If an Event of Default has shall have occurred and is be continuing, the Beneficiary may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Property Security and take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts that which it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, increase the income therefrom or protect the security thereof. The entering upon and taking possession of the Security will shall not cure or waive any Event of Default or Notice of Sale (as defined in Section 7.3(c), below) hereunder or invalidate any act done in response to such Event of Default or pursuant to such Notice of Sale, and, notwithstanding the continuance in possession of the Security, Beneficiary will shall be entitled to exercise every right provided for in this Deed of Trust, or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; (c) Deliver to Trustee a written declaration of an Event of Default default and demand for sale, and a written notice of default and election to cause Trustor's interest in the Security to be sold ("Notice of Sale"), which notice Trustee or Beneficiary shall cause to be duly filed for record in the Official Records of Contra Costa County; or (d) Exercise all other rights and remedies provided herein, in the instruments by which the Trustor acquires title to any Security, or in any other document or agreement now or hereafter evidencing, creating or securing the Secured Obligations.

The Beneficiary's Right to Enter and Take Possession. (a) If an Event of Default has shall have occurred and is be continuing, the Beneficiary may: (ai) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Property Security and take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts that which it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, increase the income therefrom or protect the security thereof. The entering upon and taking possession of the Security will shall not cure or waive any Event of Default or Notice of Sale Default (as defined in Section 7.3(c), below) hereunder or invalidate any act done in response to such Event of Default or pursuant to such Notice of Sale, Default and, notwithstanding the continuance in possession of the Security, Beneficiary will shall be entitled entitle to exercise every right provided for in this Deed of Trust, or by law upon occurrence of any Event of Default, including the right to exercise the power poser of sale; (bii) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; (ciii) Deliver to Trustee a written declaration of an Event of Default default and demand for sale, and a written notice of default and election to cause Trustor's ’s interest in the Security to be sold ("“Notice of Sale"Default and Election to Sell”), which notice Trustee or Beneficiary shall cause to be duly filed for record in the Official Records of Contra Costa Xxxxxx County; or (div) Exercise all other rights right and remedies provided herein, in the instruments by which the Trustor acquires title to any Security, or in any other document or agreement now or hereafter evidencing, creating or securing all or any portion of the Secured Obligationsobligations secured hereby, or provided by law.

The Beneficiary's Right to Enter and Take Possession. If an Event of Default has shall have occurred and is be continuing, the Beneficiary may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Property Security and take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts that which it deems necessary or desirable to preserve the value or marketability of the PropertySecurity, or part thereof or interest therein, increase the income therefrom or protect the security thereofthereof and, with or without taking possession of the Security, sue for or otherwise collect the Rents, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection including without limitation attorneys fees, against any indebtedness secured hereby, all in such order as Beneficiary may determine. The entering upon and taking possession of the Security will the collection of such Rents and the application thereof as aforesaid shall not cure or waive any Event of Default or Notice notice of Sale (as defined in Section 7.3(c), below) default hereunder or invalidate any act done in response to such Event of Default or pursuant to such Notice notice of Saledefault, and, notwithstanding the continuance in possession of the Security, Beneficiary will shall be entitled to exercise every right provided for in this Deed of Trust, or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; (c) Deliver to Trustee a written declaration of an Event of Default default and demand for sale, and a written notice of default and election to cause Trustor's ’s interest in the Security to be sold ("Notice of Sale")sold, which notice Trustee or Beneficiary shall cause to be duly filed for record in the Official Records of Contra Costa Orange County; or (d) Exercise all other rights and remedies provided herein, in the instruments by which the Trustor acquires title to any Security, or in any other document or agreement now or hereafter evidencing, creating or securing all or any portion of the Secured ObligationsObligations secured hereby, or provided by law.