XXXXXX’S REMEDIES Sample Clauses

XXXXXX’S REMEDIES. On default by the Borrower under this Mortgage, the Lender may, at its option and in any order that it chooses, exercise any one or more of the following remedies: (a) demand payment of the Outstanding Principal Amount together with accrued interest thereon and any other monies secured by this Mortgage; (b) sue the Borrower, the Covenantor or any other person liable for payment of the monies secured by this Mortgage, for repayment of the Outstanding Principal Amount together with accrued interest thereon and any other monies secured by this Mortgage; (c) take any and all legal steps and court proceedings which the Lender in its absolute discretion deems necessary to compel the Borrower to observe and perform the covenants and agreements hereunder; (d) without notice to or the concurrence of any person, with or without entering into possession of the Lands, lease or sell all or part of the Lands by public auction or private sale, or partly in one way and partly another, for such price as can reasonably be obtained and on such terms as to credit and otherwise and with such conditions of sale and stipulations as to title, or evidence, or commencement of title, or otherwise, as the Lender shall deem proper and, in connection with such lease or sale, the following provisions shall apply: (i) the Lender may rescind or vary any contract for sale of the Lands or a part thereof and re-sell, without being answerable for any loss occasioned thereby; and for any of such purposes make and execute all agreements and assurances the Lender deems fit; (ii) no purchaser or lessee shall be bound to enquire into the legality, propriety or regularity of any such sale or lease or be affected by notice of any impropriety or irregularity, and no lack or default or want of notice or publication, if any, required shall invalidate any sale or lease, and the Lender shall not be liable for any loss which may arise by any such sale or lease; and the title of any such purchaser or lessee upon a sale or lease shall not be liable to be impeached on the ground that such power had been unauthorized, or improperly or irregularly exercised, or that notice had not been given or had been given improperly; (iii) any person who is adversely affected by an unauthorized, improper or irregular exercise of the power of sale or lease shall have his, her or their remedy, if any, against the person exercising such power in damages only; (iv) until such sale or sales are made, the Lender shall stand poss...
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XXXXXX’S REMEDIES. 1. If Landlord has defaulted under the Lease and if Tenant has given Landlord a written notice describing the default and Tenant’s intention to withhold rent if the default is not corrected within 7 days, Tenant may withhold an amount of rent equal to the loss in rental value caused by the default. If Xxxxxx’s notice advises Landlord that Tenant intends to terminate the Lease if the default is not cured within 7 days and the default is not cured within the 7 days, Tenant may terminate the Lease. 2. If Tenant has given the notice referred to in subparagraph (1) above, and if Landlord has not corrected the default within 7 days, Tenant may, in addition to withholding the applicable amount of rent, file a lawsuit in county court to require Landlord to correct the default and for damages. 3. If Xxxxxxxx’s default makes the Premises uninhabitable, and if Xxxxxx has given Landlord a notice describing the default and informing Landlord that Tenant intends to terminate the Lease, then if Landlord does not cure the default within the 7-day period, Tenant may terminate the Lease at the end of the 7 days. 4. If Landlord violates the provisions of Section XII, Landlord shall be liable to Tenant for actual and consequential damages or 3 months’ rent, whichever is greater, for each violation.
XXXXXX’S REMEDIES. If Tenant is in “default,” Lessor may exercise one or more of the following remedies at any time: (1) Lock Tenant’s unlocked space with Lessor’s lock (if space is lockable) and charge a “locking” charge for each unlocked space as per paragraph 4(g); (2) Deny Tenant access to the facility and/or overlock Tenant’s space (if space is lockable) and/or chain or wheel boot Tenant’s property for nonpayment of any sums due by Tenant, until paid in full, and charge an overlocking or chaining charge as per paragraph 4(j); (3) Deny Tenant access to the facility and/or overlock Tenant’s space (if space is lockable) for violating any provision of this agreement until such violation ceases and overlock charges are paid; (4) Terminate Tenant’s right of possession and/or terminate this Agreement by giving Tenant 3 days written notice to vacate; and if Lessor files an eviction lawsuit, Tenant will pay Lessor attorneys fees and court costs plus the judicial eviction charge as per paragraph 4(n) for Lessor’s time, inconvenience, and overhead for filing the eviction suit; (5) Collect charges in paragraph 4 as appropriate and exercise any other remedy or right allowed by law; and/or (6) Enforce Lessor’s lien by seizure and sale of all contents of Tenant’s space by nonjudicial foreclosure under Chapter 59, Texas Property Code. Seizure (1) Lessor has express written or oral authority from Tenant to enter; (2) Lessor reasonably believes there is an “emergency,” including without limitation an imminent danger or health hazard to persons or property because of danger of fire or water damage, broken doors, broken locking mechanisms, faulty alarm systems, storage of animals, explosives, ammunition, spoiled food, carcasses, volatile chemicals, or fuel not in purposes of statutory foreclosure, seizure occurs when: (1) Lessor both overlocks Tenant’s space and provides a statutory notice of claim to Tenant soon thereafter, OR (2) Lessor removes Tenant’s lock or locks from a door or gate that is part of an enclosure that solely encloses Tenant’s property without Lessor having authority to enter under paragraphs 18(1), (2), or (3).
XXXXXX’S REMEDIES. Anything herein to the contrary notwithstanding, Lessee shall have all rights provided under Tex. Bus. & Comm. Code § 2A.508 through § 2A.522, including without limitation, the right to cancel a Schedule and recover damages from Lessor in the event of nonperformance of or other default by Lessor hereunder.
XXXXXX’S REMEDIES. In the event of default, the Company, without giving formal notice, may exercise any of its contractual or statutory rights or remedies, allowed by the law. In all cases, the Company is entitled to payment of all of its expenses. The Company’s failure to exercise a right shall not constitute a waiver of such right for the future. Moreover, the Company’s acceptance of the payment of a sum of money by the Borrower or the Co-borrower, if any, following default shall not constitute a waiver of its other rights and remedies. The Company’s decision to exercise one or more of its rights under this Loan Agreement or under the law shall not prevent it from exercising any other rights that it may possess.
XXXXXX’S REMEDIES. 1. If Landlord has defaulted under the Lease and if Tenant has given Landlord a written notice describing the default and Tenant’s intention to withhold rent if the default is not corrected within 7 days, Tenant may withhold an amount of rent equal to the loss in rental value caused by the default. If Xxxxxx’s notice advises Landlord that Tenant intends to terminate the lease if the default is not cured within 7 days and the default is not cured within the 7 days, Tenant may terminate the Lease. 2. If Tenant has given the notice referred to in subparagraph (1) above, and if Landlord has not corrected the default within 7 days, Tenant may, in 3. addition to withholding the applicable amount of rent, file a lawsuit in county court to require Landlord to correct the default and for damages.
XXXXXX’S REMEDIES. In the event of default, iA Trust, without giving formal notice, may exercise any of its contractual or statutory rights or remedies, including but not limited to, the right to bring a personal action. In all cases, iA Trust is entitled to payment of the costs incurred. iA Trust’s failure to exercise a right shall not constitute a waiver of such right for the future. Moreover, iA Trust’s acceptance of the payment of a sum of money by the Principal Borrower or the Co-borrower following default shall not constitute a waiver of its other rights and remedies. iA Trust’s decision to exercise one or more of its rights under the Loan Agreement or under the law shall not prevent it from exercising any other rights that it may possess.
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XXXXXX’S REMEDIES. If Lessee shall abandon the premises or if the breach of any covenant in this Lease occurs, Xxxxxx’s right to the possession of the premises shall terminate with or (to the extent permitted by law) with no notice or demand, and the mere retention of possession thereafter by Lessee shall constitute a forcible detainer of the premises; and if the Lessor so elects, but not otherwise, and with or without notice of such election or any notice or demand, this lease shall terminate, and upon the termination or Lessee’s right of possession, as aforesaid, whether this Lease be terminated or not, Xxxxxx agrees to surrender possession of the premises immediately , without receiving any demand, notice to quit or demand for possession of the premises, and grants to Lessor full and free license to enter into and upon the premises or any part thereof, to take possession thereof with or (to the extent permitted by law) without process of law, and to expel and to remove Lessee or any other person who may be occupying the premises or any part thereof, and Lessor may use such force in and about expelling and removing Lessee and other persons as may reasonably be necessary, and Lessor may re-possess itself of the premises, but such entry of the premises shall not constitute a trespass or forcible entry or detainer, nor a waiver of any covenant, agreement or promise in this Lease contained, to be performed by Lessee. Xxxxxx waives all notice of any election made by Xxxxxx, notice to quit, demand for possession, and any and all notices and demands, of any and every nature, which may or shall be required by any. Statute of this state relating to forcible entry and detainer, or to landlord and tenant, or any other statute, or by the common law, during the terms of this Lease or any extension thereof.
XXXXXX’S REMEDIES. Lessor's remedies for Xxxxxx's default are to (a) enter and take possession of the Premises, without terminating this Lease, and relet the Premises on behalf of Xxxxxx, collect and receive the rent from reletting, and charge Lessee for the cost of reletting, and/or (b) terminate this Lease as provided in Section 13 above and sue Lessee for damages, and/or (c) exercise such other remedies as Lessor may have at law or in equity. Lessor may enter and take possession of the Premises by self-help, by changing locks, if necessary, and may lock out Lessee, all without being liable for damages.
XXXXXX’S REMEDIES. The occurrence of an Event of Default, following the expiration of all applicable notice and cure periods, will, either at the option of Lender or automatically where so specified relieve Lender of the obligation to disburse the Loan proceeds, and Lender may in addition to any and all remedies permitted by law, and as set forth in this Agreement and the Loan Documents proceed with any or all of the following remedies in any order or combination Lender may choose in its sole discretion:
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