Common use of XXXXXX’S REMEDIES Clause in Contracts

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. If Tenant is Xxxxxx, in “default,” Lessor addition to other rights provided in this document or by law or agreement, may exercise do any one or more of the following if Borrower defaults under this document: (a) declare this Loan and any or all other loans to Borrower or any one or more of them (except any loan extended solely to one or more rural homeowners, as that term is defined in 12 C.F.R. § 613.3030) immediately due and payable; (b) require Borrower to reimburse the Lender for expenses incurred by the Lender in protecting or enforcing its rights under this document, regardless of whether Collateral is involved, including without limitation reasonable attorney's fees and legal expenses when permitted by law; (c) as to Collateral which is personal property or fixtures, exercise all the remedies at any timeof a secured party under the Uniform Commercial Code including without limitation: (1) Lock Tenant’s unlocked space with Lessor’s lock (if space without notice to the Borrower or judicial process peaceably enter upon any premises where the Collateral is lockable) located, take possession of it and charge a “locking” charge for each unlocked space as per paragraph 4(g)remove it from the premises; (2) Deny Tenant access require the Borrower to assemble the Collateral and make it available to the facility and/or overlock Tenant’s space (if space Lender at a place designated by Lender which 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)reasonably convenient to both parties; (3) Deny Tenant access use and occupy the Borrower's premises to the facility and/or overlock Tenant’s space (if space is lockable) care for violating any provision of this agreement until such violation ceases and overlock charges are paidlivestock collateral; (4) Terminate Tenant’s right of possession and/or terminate this Agreement by giving Tenant 3 days written notice appoint a receiver to vacate; marshal, preserve and if Lessor files an eviction lawsuit, Tenant will pay Lessor attorneys fees and court costs plus manage the judicial eviction charge as per paragraph 4(n) for Lessor’s time, inconvenience, and overhead for filing the eviction suitCollateral until judgment is obtained; (5) Collect charges care for and harvest the crops and dispose of them at private sale (at Borrower's expense) since crops are perishable and may decline speedily in paragraph 4 as appropriate and exercise any other remedy or right allowed by lawvalue; and/orand (6) Enforce Lessor’s lien after deduction of expenses, the Lender may apply the proceeds of disposition to the Obligations as defined in security agreement(s) in effect between the Borrower and the Lender in the order and amounts the Lender elects. (d) reduce or modify the Loan commitment amount or modify the terms and conditions upon which Xxxxxx may be willing to consider making advances. Except in connection with a loan primarily made for the personal, household or family purposes of the Borrower, Xxxxxx may obtain the appointment of a receiver [including a general receiver if permitted by seizure and sale applicable law], to take possession of all contents collateral of Tenant’s space the Borrower, including, but not limited to, all real property and personal property, and all facilities, fixtures and equipment leased, occupied or used by nonjudicial foreclosure under Chapter 59the Borrower. Borrower hereby irrevocably consents to the appointment of such receiver and agrees to cooperate and assist any such receiver as reasonably requested to facilitate the transfer of possession of the collateral to such receiver and to provide receiver access to all books, 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 damagerecords, 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 information 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)documents as requested by such receiver.

XXXXXX’S REMEDIES. If Tenant is A. Upon the happening of an Event of Default by Xxxxxxxx and a failure to cure said Event of Default within the time specified in “default,” Lessor Article 7.3 above, Xxxxxx's obligation to disburse Loan proceeds shall terminate, and Lender may exercise one also, in addition to other rights and remedies permitted by the Loan Documents or more applicable law, proceed with any or all of the following remedies at in any timeorder or combination Lender may choose in its sole discretion: 1. Terminate this City Loan Agreement, in which event the entire principal amount outstanding and all accrued interest under the City Note, as well as any other monies advanced to Borrower by Lender under the Loan Documents including administrative costs, shall immediately become due and payable at the option of Lender; 2. Bring an action in equitable relief (1) Lock Tenant’s unlocked space seeking the specific performance by Borrower of the terms and conditions of the Loan Documents, and/or (2) enjoining, abating, or preventing any violation of said terms and conditions, and/or (3) seeking declaratory relief; 3. Accelerate the Loan, and demand immediate full payment of the principal amount outstanding and all accrued interest under the City Note, as well as any other monies advanced to Borrower by Lender under the Loan Documents; 4. Enter the Property and take any actions necessary in its judgment to complete construction of the Project, including without limitation (1) making changes in the Plans and Specifications or other work or materials with Lessor’s lock respect to the Project, (if space is lockable2) entering into, modifying, or terminating any contractual arrangements (subject to Xxxxxx's right at any time to discontinue work without liability), and charge (3) taking any remedial actions with respect to Hazardous Materials that Lender deems necessary to comply with Hazardous Materials Laws or to render 5. Seek appointment from a “locking” charge court of competent jurisdiction of a receiver with the authority to complete construction as needed to preserve Xxxxxx's interest in seeing the Project developed in a timely manner (including the authority to take any remedial actions with respect to Hazardous Materials that Lender or the receiver deems necessary to comply with Hazardous Materials Laws or to render the Property suitable for each unlocked space as per paragraph 4(goccupancy); (2) Deny Tenant access 6. Order immediate stoppage of construction and demand that any condition leading to the facility and/or overlock Tenant’s space (if space is lockable) and/or chain or wheel boot Tenant’s property for nonpayment Event of Default be corrected before construction may continue; 7. Disburse from Loan proceeds any sums due by Tenantamount necessary to cure any Monetary Default; 8. Enter upon, until paid in fulltake possession of, and charge an overlocking manage the Property, either in person, by agent, or chaining charge by a receiver appointed by a court, and collect rents and other amounts specified in the assignment of rents in the City Deed of Trust and apply them to operate the Property or to pay off the Loan or any advances made under the Loan Documents, as per paragraph 4(j)provided for by the City Deed of Trust; (3) Deny Tenant access to 9. Initiate and pursue any private and/or judicial foreclosure action allowed under applicable law and the facility and/or overlock Tenant’s space (if space is lockable) for violating any power of sale provision in the City Deed of this agreement until such violation ceases and overlock charges are paidTrust; (4) Terminate Tenant’s right of possession and/or terminate this Agreement by giving Tenant 3 days written notice 10. With respect to vacate; defaults under Hazardous Materials provisions herein, pursue the rights 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, inconvenienceremedies permitted under California Civil Code Section 2929.5, and overhead for filing the eviction suit;California Code of Civil Procedure Sections 564, 726.5, and 736; or (5) Collect charges in paragraph 4 as appropriate and exercise 11. Pursue any other remedy allowed at law or right allowed in equity. Nothing in this section is intended or shall be construed as precluding Lender from proceeding with a non- judicial foreclosure under the power of sale contained in the City Deed of Trust in the Event of Default by Borrower. 12. Demand Borrower to pay all fines, penalties, and fees levied against the City, including any enforcement, repayment of funds to HUD and legal costs. 13. Require Borrower to utilize Residual Receipts otherwise payable to Borrower and require Borrower to disburse funds from the Operating Reserve and/or the Replacement Reserve to make repairs to the Project to correct any default hereunder, or, in Xxxxxx’s sole discretion, take possession of any such Residual Receipts, the Operating Reserve and/or the Replacement Reserve and carry out such repairs. B. Upon an Event of Default, the outstanding principal and interest and any other sums outstanding in connection with the Loan shall thereafter bear interest at the Default Rate of fifteen percent (15%) (or any lesser maximum rate permitted 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. If Tenant is in “default,” Lessor may exercise one or more of the following remedies at any time, without notice: (1) Lock 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 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 non-payment of any sums due by Tenant, until paid in full, and charge an overlocking or chaining charge as per paragraph 4(j); (3) Deny deny Tenant access to the facility and/or overlock Tenant’s space (if space is lockable) for violating any provision of this agreement Agreement until such violation ceases and overlock charges are paid; (4) Terminate 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 attorneys’ fees and court costs plus the judicial eviction charge as per paragraph 4(n) for LessorXxxxxx’s time, inconvenience, and overhead for filing the eviction suit; (5) Collect collect charges in paragraph 4 as appropriate and exercise any other remedy or right allowed by law; and/or (6) Enforce 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 Seizure and sale will only be for default in paying sums due 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 Lessor. For 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) and without Lessor being directed to remove Tenant’s lock by a health or law officer under paragraph 19. In an unlockable outdoor storage space, seizure for foreclosure purposes occurs when: (1) Lessor attaches a security chain or wheel boot to Tenant’s property to immobilize the property, OR (2) Lessor denies Tenant access to the facility and provides a statutory notice of claim to Tenant soon thereafter. If Lessor has sent statutory notice of claim for unpaid sums, Tenant is liable for Lessor’s charge for same under paragraph 4(k). In addition to statutory requirements of notice of claim and advertising/posting, Lessor may provide to Tenant a notice of date, time, and place of sale. If foreclosure procedures are commenced, Tenant will be liable for newspaper ad charges in paragraph 4(l) and foreclosure sale charges in paragraph 4(m). At foreclosure sale, all contents in the space may be sold item-by-item, in batches, or by the entire space, at Lessor’s option. If a creditor of Tenant has a lien on property in the space and if the lien is recorded with the Texas Dept. of Motor Vehicles, or Texas Dept. of Parks and Wildlife, Lessor may, upon payment by the creditor of all sums due by Tenant within the time period described by Texas Property Code Section 59.0445, turn over possession of such property to the creditor.

XXXXXX’S REMEDIES. If Tenant is in “default,” Lessor may exercise one or more of the following remedies at any time, without notice: (1) Lock 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 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 non-payment of any sums due by Tenant, until paid in full, and charge an overlocking or chaining charge as per paragraph 4(j); (3) Deny deny Tenant access to the facility and/or overlock Tenant’s space (if space is lockable) for violating any provision of this agreement Agreement until such violation ceases and overlock charges are paid; (4) Terminate 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 attorneys’ fees and court costs plus the judicial eviction charge as per paragraph 4(n) for LessorXxxxxx’s time, inconvenience, and overhead for filing the eviction suit; (5) Collect collect charges in paragraph 4 as appropriate and exercise any other remedy or right allowed by law; and/or (6) Enforce 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 Seizure and sale will only be for default in paying sums due 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 Lessor. For 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)) and without Lessor being directed to remove Tenant’s lock by a health or law officer under paragraph 19. In an unlockable outdoor storage space, seizure for foreclosure purposes occurs when: (1) Lessor attaches a security chain or wheel boot to Tenant’s property to immobilize the property, OR (2) Lessor denies Tenant access to the facility and provides a statutory notice of claim to Tenant soon thereafter.