Common use of Use and Occupation of Property Clause in Contracts

Use and Occupation of Property. In connection with the exercise of Xxxxxx's rights under Subparagraph (a)(vi) of this Paragraph 22, Lender may enter upon, occupy, and use all or any part of the Property and may exclude Borrower from the Land and the Improvements or portion thereof as may have been so entered upon, occupied, or used. Lender shall not be required to remove any Personal Property from the Land and the Improvements upon Xxxxxx's taking possession thereof, and may render any Personal Property unusable to Borrower. In the event Lender manages the Land and the Improvements in accordance with Subparagraph (a)(vi) herein, Borrower shall pay to Lender on demand a reasonable fee for the management thereof in addition to the Secured Obligations. Further, Lender may construct such Improvements on the Land or make such alterations, renovations, repairs, and replacements to the Improvements, as Lender, in its sole discretion, deems proper or appropriate. The obligation of Borrower to pay such amounts and all expenses incurred by Xxxxxx in the exercise of its rights hereunder shall be included in the Secured Obligations and shall accrue interest at the default rate of interest stated in the Loan Agreement.

Use and Occupation of Property. In connection with the exercise of Xxxxxx's Trustee’s rights under Subparagraph (a)(vi) of this Paragraph 2216, Lender to the extent permitted by law, Trustee may enter upon, occupy, and use all or any part of the Property and may exclude Borrower Mortgagor from the Land and the Improvements or portion thereof as may have been so entered upon, occupied, or used. Lender Trustee shall not be required to remove any Personal Property from the Land and the Improvements upon Xxxxxx's Trustee’s taking possession thereof, and may render any Personal Property unusable to BorrowerMortgagor. In the event Lender Trustee manages the Land and the Improvements in accordance with Subparagraph (a)(vi) herein, Borrower Mortgagor shall pay to Lender Trustee on demand a reasonable fee for the management thereof in addition to the Secured Obligations. Further, Lender Trustee may construct such Improvements on the Land or make such alterations, renovations, repairs, and replacements to the Improvements, as LenderTrustee, in its sole discretion, deems proper or appropriate. The obligation of Borrower Mortgagor to pay such amounts and all expenses incurred by Xxxxxx Trustee in the exercise of its rights hereunder shall be included in the Secured Obligations and shall accrue interest at the default rate of interest stated in the Loan AgreementIndenture, 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.

Use and Occupation of Property. In connection with the exercise of XxxxxxCollateral Agent's rights under Subparagraph (a)(vi) of this Paragraph 2219, Lender Collateral Agent may enter upon, occupy, and use all or any part of the Property and may exclude Borrower Grantor from the Land and the Improvements or portion thereof as may have been so entered upon, occupied, or used. Lender Collateral Agent shall not be required to remove any Personal Property from the Land and the Improvements upon XxxxxxCollateral Agent's taking possession thereof, and may render any Personal Property unusable to BorrowerGrantor. In the event Lender Collateral Agent manages the Land and the Improvements in accordance with Subparagraph (a)(vi) herein, Borrower Grantor shall pay to Lender Collateral Agent on demand a reasonable fee for the management thereof in addition to the Secured Obligations. Further, Lender Collateral Agent may construct such Improvements on the Land or make such alterations, renovations, repairs, and replacements to the Improvements, as LenderCollateral Agent, in its sole discretion, deems proper or appropriate. The obligation of Borrower Grantor to pay such amounts and all expenses incurred by Xxxxxx Collateral Agent in the exercise of its rights hereunder shall be included in the Secured Obligations and shall accrue interest at the default rate of interest stated in the Loan Credit Agreement, unless collection from Grantor 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 Grantor under applicable law.

Use and Occupation of Property. In connection with the exercise of XxxxxxCollateral Agent's rights under Subparagraph (a)(vi) of this Paragraph 2218, Lender Collateral Agent may enter upon, occupy, and use all or any part of the Property and may exclude Borrower Grantor from the Land and the Improvements or portion thereof as may have been so entered upon, occupied, or used. Lender Collateral Agent shall not be required to remove any Personal Property from the Land and the Improvements upon XxxxxxCollateral Agent's taking possession thereof, and may render any Personal Property unusable to BorrowerGrantor. In the event Lender Collateral Agent manages the Land and the Improvements in accordance with Subparagraph (a)(vi) herein, Borrower Grantor shall pay to Lender Collateral Agent on demand a reasonable fee for the management thereof in addition to the Secured Obligations. Further, Lender Collateral Agent may construct such Improvements on the Land or make such alterations, renovations, repairs, and replacements to the Improvements, as LenderCollateral Agent, in its sole discretion, deems proper or appropriate. The obligation of Borrower Grantor to pay such amounts and all expenses incurred by Xxxxxx Collateral Agent in the exercise of its rights hereunder shall be included in the Secured Obligations and shall accrue interest at the default rate of interest stated in the Loan Credit Agreement, unless collection from Grantor 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 Grantor under applicable law.

Use and Occupation of Property. In connection with the exercise of XxxxxxAgent's rights under Subparagraph (a)(vi) of this Paragraph 2218, Lender Collateral Agent may enter upon, occupy, and use all or any part of the Property and may exclude Borrower Mortgagor from the Land and the Improvements or portion thereof as may have been so entered upon, occupied, or used. Lender Collateral Agent shall not be required to remove any Personal Property from the Land and the Improvements upon XxxxxxAgent's taking possession thereof, and may render any Personal Property unusable to BorrowerMortgagor. In the event Lender Collateral Agent manages the Land and the Improvements in accordance with Subparagraph (a)(vi) herein, Borrower Mortgagor shall pay to Lender Collateral Agent on demand a reasonable fee for the management thereof in addition to the Secured Obligations. Further, Lender Collateral Agent may construct such Improvements on the Land or make such alterations, renovations, repairs, and replacements to the Improvements, as LenderCollateral Agent, in its sole discretion, deems proper or appropriate. The obligation of Borrower Mortgagor to pay such amounts and all expenses incurred by Xxxxxx Collateral Agent in the exercise of its rights hereunder shall be included in the Secured Obligations and shall accrue interest at the default rate of interest stated in the Loan 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.