Assignment of Rents. (a) Grantor hereby assigns to Beneficiary the Rents as further security for the payment of and performance of the Obligations, and, subject to the terms of the Intercreditor Agreement, Grantor grants to Beneficiary the right to enter the Trust Property for the purpose of collecting the same, and to apply the Rents on account of the Obligations. The foregoing assignment and grant is present and absolute and shall continue in effect until the Obligations are fully paid and performed, but Beneficiary hereby waives the right to enter the Trust Property for the purpose of collecting the Rents and Grantor shall be entitled to collect, receive, use and retain the Rents until the occurrence and during the continuance of an Event of Default; such right of Grantor to collect, receive, use and retain the Rents may be revoked by Beneficiary upon the occurrence and during the continuance of any Event of Default by giving not less than 10 days’ written notice of such revocation to Grantor; in the event such notice is given, Grantor shall pay over to Beneficiary, or to any receiver appointed to collect the Rents, any lease security deposits. Except to the extent provided for in any of the Leases, Grantor shall not accept prepayments or installments of Rent to become due for a period of more than one month in advance (except for security deposits and estimated payments of percentage rent, if any). (b) Grantor has not affirmatively done any act which would prevent Beneficiary from, or limit Beneficiary in, acting under any of the provisions of the foregoing assignment.
Appears in 2 contracts
Sources: Revolving Facility Credit Agreement (Fender Musical Instruments Corp), Term Facility Credit Agreement (Fender Musical Instruments Corp)
Assignment of Rents. (a) Grantor hereby assigns to Beneficiary Trustee, for the benefit of Beneficiary, the Rents as further security for the payment of the Indebtedness and performance of the Obligations, and, subject to the terms of the Intercreditor Agreement, and Grantor grants to Trustee and Beneficiary the right to enter the Trust Property for the purpose of collecting the samesame and to let the Trust Property or any part thereof, and to apply the Rents on account of the ObligationsIndebtedness. The foregoing assignment and grant is present and absolute and shall continue in effect until the Obligations are fully Indebtedness is paid and performedin full, but Beneficiary and Trustee hereby waives waive the right to enter the Trust Property for the purpose of collecting the Rents and Grantor shall be entitled to collect, receive, use and retain the Rents until the occurrence and during the continuance of an Event of DefaultDefault under this Deed of Trust; such right of Grantor to collect, receive, use and retain the Rents may be revoked by Beneficiary upon the occurrence and during the continuance of any Event of Default under this Deed of Trust by giving not less than 10 five days’ ' written notice of such revocation to Grantor; in the event such notice is given, Grantor shall pay over to Beneficiary, or to any receiver appointed to collect the Rents, any lease security deposits. Except to the extent provided for in any of the Leases, Grantor shall not accept prepayments or of installments of Rent to become due for a period of more than one month in advance (except for security deposits and estimated payments of percentage rent, if any).
(b) Grantor has not affirmatively done any act which would prevent Beneficiary from, or limit Beneficiary in, acting under any of the provisions of the foregoing assignment.
Appears in 2 contracts
Sources: Credit Agreement (Bear Island Finance Co Ii), Credit Agreement (Bear Island Finance Co Ii)
Assignment of Rents. (a) Grantor hereby assigns to Beneficiary Trustee, for the benefit of Beneficiary, the Rents as further security for the payment of the Indebtedness and performance of the Obligations, and, subject to the terms of the Intercreditor Agreement, and Grantor grants to Trustee and Beneficiary the right to enter the Trust Property for the purpose of collecting the same, same and to let the Trust Property or any part thereof and to apply the Rents on account of the ObligationsIndebtedness. The foregoing assignment and grant is present and absolute and shall continue in effect until the Obligations are fully Indebtedness is paid and performedin full, but Beneficiary and Trustee hereby waives waive the right to enter the Trust Property for the purpose of collecting the Rents, letting the Trust Property or any part thereof or applying the Rents and Grantor shall be entitled to collect, receive, use and retain the Rents until the occurrence and during the continuance of an Event of DefaultDefault under this Deed of Trust; such right of Grantor to collect, receive, use and retain the Rents may be revoked by Beneficiary upon the occurrence and during the continuance of any Event of Default under this Deed of Trust by giving not less than 10 five days’ ' written notice of such revocation to Grantor; in the event such notice is given, Grantor shall pay over to Beneficiary, or to any receiver appointed to collect the Rents, any lease security deposits. Except to the extent provided for in any of the Leases, Grantor and shall not accept prepayments or installments of Rent to become due for a period of more than one month pay monthly in advance (except for security deposits and estimated payments of percentage rent, if any).
(b) Grantor has not affirmatively done any act which would prevent Beneficiary fromto Beneficiary, or limit Beneficiary into any such receiver, acting under any of the provisions of the foregoing assignment.the
Appears in 2 contracts
Sources: Deed of Trust, Assignment of Rents and Leases and Security Agreement (Ev International Inc), Deed of Trust (Ev International Inc)
Assignment of Rents. (a) Grantor hereby assigns to Beneficiary Trustee, for the benefit of Beneficiary, the Rents as further security for the payment of and performance of the Obligations, and, subject to the terms of the Intercreditor Agreement, and Grantor grants to Trustee and Beneficiary the right to enter the Trust Property for the purpose of collecting the samesame and to let the Trust Property or any part thereof, and to apply the Rents on account of the Obligations. The foregoing assignment and grant is present and absolute and shall continue in effect until the Obligations are fully is paid and performedin full, but Beneficiary and Trustee hereby waives waive the right to enter the Trust Property for the purpose of collecting the Rents and Grantor shall be entitled to collect, receive, use and retain the Rents until the occurrence and during the continuance continuation of an Event of DefaultDefault under this Deed of Trust; such right of Grantor to collect, receive, use and retain the Rents may be revoked by Beneficiary upon the occurrence and during the continuance of any Event of Default under this Deed of Trust by giving not less than 10 five days’ written notice of such revocation to Grantor; in the event such notice is given, Grantor shall pay over to Beneficiary, or to any receiver appointed to collect the Rents, any lease security deposits. Except , and shall pay monthly in advance to Beneficiary, or to any such receiver, the extent provided fair and reasonable rental value as determined by Beneficiary for the use and occupancy of the Trust Property or of such part thereof as may be in the possession of Grantor or any affiliate of Grantor, and upon default in any such payment Grantor and any such affiliate will vacate and surrender the possession of the LeasesTrust Property to Beneficiary or to such receiver, and in default thereof may be evicted by summary proceedings or otherwise. Grantor shall not accept prepayments or of installments of Rent to become due for a period of more than one month in advance (except for security deposits and estimated payments of percentage rent, if any).
(b) Grantor has not affirmatively done any act which would prevent Beneficiary from, or limit Beneficiary in, acting under any of the provisions of the foregoing assignment.
Appears in 2 contracts
Sources: Deed of Trust, Security Agreement and Assignment of Leases and Rents, Deed of Trust, Security Agreement and Assignment of Leases and Rents (Bush Industries Inc)
Assignment of Rents. (a) Grantor hereby assigns to Beneficiary Trustee, for the benefit of Beneficiary, the Rents as further security for the payment of the Indebtedness and performance of the Obligations, and, subject to the terms of the Intercreditor Agreement, and Grantor grants to Trustee and Beneficiary the right to enter the Trust Property for the purpose of collecting the samesame and to let the Trust Property or any part thereof, and to apply the Rents on account of the ObligationsIndebtedness. The foregoing assignment and grant is present and absolute and shall continue in effect until the Obligations are fully Indebtedness is paid and performedin full, but Beneficiary and Trustee hereby waives waive the right to enter the Trust Property for the purpose of collecting the Rents and Grantor shall be entitled to collect, receive, use and retain the Rents until the occurrence and during the continuance of an Event of DefaultDefault under this Deed of Trust; such right of Grantor to collect, receive, use and retain the Rents may be revoked by Beneficiary upon the occurrence and during the continuance of any Event of Default under this Deed of Trust by giving not less than 10 days’ five Business Days' written notice of such revocation to Grantor; in the event such notice is given, Grantor shall pay over to Beneficiary, or to any receiver appointed to collect the Rents, any lease security deposits. Except to the extent provided for in any of the Leases, Grantor shall not accept prepayments or of installments of Rent to become due for a period of more than one month in advance (except for security deposits and estimated payments of percentage rent, if any).
(b) Grantor has not affirmatively done any act which would prevent Beneficiary from, or limit Beneficiary in, acting under any of the provisions of the foregoing assignment.
Appears in 2 contracts
Sources: Deed of Trust (Bear Island Finance Co Ii), Deed of Trust (Bear Island Finance Co Ii)
Assignment of Rents. (a) In furtherance of and in addition to the assignment made by Grantor herein, Grantor hereby assigns absolutely and unconditionally assigns, sells, transfers and conveys to Beneficiary the all of its right, title and interest in and to all Leases, whether now existing or hereafter entered into, and all of its right, title and interest in and to all Rents as further security for the payment of the Indebtedness and performance of the Obligations, and, subject to the terms of the Intercreditor Agreement, and Grantor grants to Beneficiary the right to enter the Trust Mortgaged Property for the purpose of collecting the samesame and to let the Mortgaged Property or any part thereof, and to apply the Rents on account of the ObligationsIndebtedness. The foregoing assignment and grant is present and absolute and shall continue in effect until the Obligations are fully Indebtedness is paid and performedin full, but Beneficiary hereby waives the right to enter the Trust Mortgaged Property for the purpose of collecting the Rents and Grantor shall be entitled to collect, receive, use and retain the Rents until the occurrence and during the continuance of an Event of DefaultDefault under this Deed of Trust; such right of Grantor to collect, receive, use and retain the Rents may be revoked by Beneficiary upon the occurrence and during the continuance of any Event of Default under this Deed of Trust by giving not less than 10 five days’ written notice of such revocation to Grantor; in . In the event such notice is given, Grantor shall pay over to Beneficiary, or to any receiver appointed to collect the Rents, any lease security deposits. Except to the extent provided for in any of the Leases, Grantor shall not accept prepayments or of installments of Rent to become due for a period of more than one month in advance (except for security deposits and estimated payments of percentage rent, if any).
(b) Grantor has not affirmatively done any act which would prevent Beneficiary from, or limit Beneficiary in, acting under any of the provisions of the foregoing assignment.
Appears in 1 contract
Assignment of Rents. (a) Grantor hereby assigns to Beneficiary the Rents as further security for the payment of the Obligations and performance of the Obligations, and, subject to the terms of the Intercreditor Agreement, . Grantor grants to Beneficiary the right to enter the Trust Property for the purpose of collecting the samesame and to let the Trust Property or any part thereof, and to apply the Rents on account of the Obligations. The foregoing assignment and grant is present and absolute and shall continue in effect until the Obligations are fully paid in full; provided, however, Trustee and performed, but Beneficiary hereby waives waive the right to enter the Trust Property for the purpose of collecting the Rents Rents, and Grantor shall be entitled to collect, receive, use and retain the Rents until the occurrence and during the continuance of an Event of Default; such . The right of Grantor to collect, receive, use and retain the Rents may be revoked by Beneficiary upon the occurrence and during the continuance of any an Event of Default by giving not less than 10 days’ written notice of such revocation to Grantor; in . In the event such notice is given, Grantor shall pay over to Beneficiary, or to any receiver appointed to collect the Rents, any lease Lease security deposits. Except , and shall pay monthly in advance to Beneficiary, or to any such receiver, the extent provided fair and reasonable rental value as determined by Beneficiary for the use and occupancy of the Trust Property or of such part thereof as may be in the possession of Grantor or any affiliate of Grantor, and upon default in any such payment Grantor and any such affiliate will vacate and surrender the possession of the LeasesTrust Property to Trustee or Beneficiary or to such receiver, and in default thereof may be evicted by summary proceedings or otherwise. Grantor shall not accept prepayments or of installments of Rent to become due for a period of more than one month 30 days in advance (except for security deposits and estimated payments of percentage rent, if any).
(b) Grantor has not affirmatively done any act which would prevent Beneficiary from, or limit Beneficiary in, acting under any of the provisions of the foregoing assignment.
Appears in 1 contract
Sources: Deed of Trust (New Cf&i Inc)
Assignment of Rents. (a) Grantor hereby assigns to Beneficiary Grantee the Rents as further security for the payment of the Indebtedness and performance of the Obligations, and, subject to the terms of the Intercreditor Agreement, and Grantor grants to Beneficiary Grantee the right to enter the Trust Subject Property for the purpose of collecting the samesame and to let the Subject Property or any part thereof, and to apply the Rents on account of the ObligationsIndebtedness. The foregoing assignment and grant is present and absolute and shall continue in effect until the Obligations are fully Indebtedness is paid and performedin full, but Beneficiary Grantee hereby waives the right to enter the Trust Subject Property for the purpose of collecting the Rents and Grantor shall be entitled to collect, receive, use and retain the Rents until the occurrence and during the continuance of an Event of DefaultDefault under this Deed; such right of Grantor to collect, receive, use and retain the Rents may be revoked by Beneficiary Grantee upon the occurrence and during the continuance of any Event of Default under this Deed by giving not less than 10 five days’ ' written notice of such revocation to Grantor; in the event such notice is given, Grantor shall pay over to BeneficiaryGrantee, or to any receiver appointed to collect the Rents, any lease security deposits. Except to the extent provided for in any of the Leases, Grantor shall not accept prepayments or of installments of Rent to become due for a period of more than one month in advance (except for security deposits and estimated payments of percentage rent, if any).
(b) Grantor has not affirmatively done any act which would prevent Beneficiary from, or limit Beneficiary in, acting under any of the provisions of the foregoing assignment.
Appears in 1 contract
Assignment of Rents. (a) Grantor hereby assigns absolutely and unconditionally assigns, sells, transfers and conveys to Beneficiary the all of its right, title and interest in and to all Leases, whether now existing or hereafter entered into, and all of its right, title and interest in and to all Rents as further security for the payment of the Indebtedness and performance of the Obligations, and, subject to the terms of the Intercreditor Agreement, and Grantor grants to Beneficiary the right to enter the Trust Property for the purpose of collecting the samesame and to let the Trust Property or any part thereof, and to apply the Rents on account of the ObligationsIndebtedness. The foregoing assignment and grant is present and absolute and shall continue in effect until the Obligations are fully Indebtedness is paid and performedin full, but Beneficiary hereby waives suspends the right to enter the Trust Property for the purpose of collecting the Rents and Grantor shall be entitled to collect, receive, use and retain the Rents until the occurrence and during the continuance of an Event of DefaultDefault under this Deed of Trust; such right of Grantor to collect, receive, use and retain the Rents may be revoked by Beneficiary upon the occurrence and during the continuance of any Event of Default under this Deed of Trust by giving not less than 10 five days’ written notice of such revocation to Grantor; in . In the event such notice is given, Grantor shall pay over to Beneficiary, or to any receiver appointed to collect the Rents, any lease security deposits. Except to the extent provided for in any of the Leases, Grantor shall not accept prepayments or of installments of Rent to become due for a period of more than one month in advance (except for security deposits and estimated payments of percentage rent, if any).
(b) Grantor has not affirmatively done any act which would prevent Beneficiary from, or limit Beneficiary in, acting under any of the provisions of the foregoing assignment.
Appears in 1 contract
Assignment of Rents. (a) Grantor hereby assigns to Beneficiary Trustee, for the benefit of Beneficiary, the Rents as further security for the payment of the Indebtedness and performance of the Obligations, and, subject to the terms of the Intercreditor Agreement, and Grantor grants to Trustee and Beneficiary the right to enter the Trust Property for the purpose of collecting the same, same and to let the Trust Property or any part thereof and to apply the Rents on account of the ObligationsIndebtedness. The foregoing assignment and grant is present and absolute and shall continue in effect until the Obligations are fully Indebtedness is paid and performedin full, but Beneficiary and Trustee hereby waives waive the right to enter the Trust Property for the purpose of collecting the Rents, letting the Trust Property or any part thereof or applying the Rents and Grantor shall be entitled to collect, receive, use and retain the Rents until the occurrence and during the continuance of an Event of DefaultDefault under this Deed of Trust; such right of Grantor to collect, receive, use and retain the Rents may be revoked by Beneficiary upon the occurrence and during the continuance of any Event of Default under this Deed of Trust by giving not less than 10 five days’ ' written notice of such revocation to Grantor; in the event such notice is given, Grantor shall pay over to Beneficiary, or to any receiver appointed to collect the Rents, any lease security deposits. Except to the extent provided for in any of the Leases, Grantor shall not accept prepayments or installments of Rent to become due for a period of more than one month in advance (except for security deposits and estimated payments of percentage rent, if any).
(b) Grantor has not affirmatively done any act which would prevent Beneficiary from, or limit Beneficiary in, acting under any of the provisions of the foregoing assignment.to
Appears in 1 contract
Assignment of Rents. (a) Grantor hereby assigns to Beneficiary Mortgage Trustee, for the benefit of Beneficiary, the Rents as further security for the payment of and performance of all of the Obligations, and, subject to the terms of the Intercreditor Agreement, and Grantor grants to Mortgage Trustee and Beneficiary the right to enter the Trust Property Estate for the purpose of collecting the samesame and to let the Trust Estate or any part thereof, and to apply the Rents on account of the Obligations. The foregoing assignment and grant is present and absolute and shall continue in full force and effect until the Obligations are fully paid and performed, but performed in full. Beneficiary and Mortgage Trustee hereby waives waive the right to enter the Trust Property Estate for the purpose of collecting the Rents and Grantor shall be entitled to collect, receive, use and retain the Rents until the occurrence and during Rents. During the continuance of an any Event of Default; , such right of Grantor to collect, receive, use and retain the Rents may be revoked suspended by Beneficiary upon the occurrence and during the continuance of any Event of Default by giving not less than 10 thirty (30) days’ ' written notice of such revocation suspension to Grantor; in . In the event such notice is given, Grantor shall pay over to Beneficiary, or if so requested by Beneficiary to any receiver appointed to collect the Rents, any lease security depositsthe Rents. Except to the extent provided for in any of the Leases, Grantor shall not accept prepayments or of installments of Rent to become due for a period of more than one month in advance (except for security deposits and estimated payments of percentage rent, if any).
(b) Grantor has not affirmatively done any act which would prevent Beneficiary from, or limit Beneficiary in, acting under any of the provisions of the foregoing assignment.
Appears in 1 contract
Sources: Indenture (Tesoro Petroleum Co Inc)
Assignment of Rents. (a) Grantor hereby assigns to Beneficiary the Rents as further security for the payment of and performance of the Secured Obligations, and, subject to the terms of the Intercreditor Agreement, and Grantor grants to Trustee and Beneficiary the right to enter the Trust Property for the purpose of collecting the samesame and to let the Trust Property or any part thereof, and to apply the Rents on account of the Secured Obligations. The foregoing assignment and grant is present and absolute and shall continue in effect until the Secured Obligations are fully paid and performedperformed in full, but Beneficiary and Trustee hereby waives waive the right to enter the Trust Property for the purpose of collecting the Rents and Grantor shall be entitled to collect, receive, use and retain the Rents until the occurrence of and during the continuance of an Event of Default; such right of Grantor to collect, receive, use and retain the Rents may be revoked by Beneficiary upon the occurrence of and during the continuance of any Event of Default under this Deed of Trust by giving not less than 10 five (5) days’ written notice of such revocation to Grantor; in the event such notice is given, Grantor shall pay over to Beneficiary, or to any receiver appointed to collect the Rents, any lease security deposits. Except , and shall pay monthly in advance to Beneficiary, or to any such receiver, the extent provided fair and reasonable rental value as determined by Beneficiary for the use and occupancy of the Trust Property or of such part thereof as may be in the possession of Grantor or any affiliate of Grantor, and upon default in any such payment, Grantor and any such affiliate will vacate and surrender the possession of the LeasesTrust Property to Beneficiary or to such receiver, Grantor shall not accept prepayments and in default thereof, may be evicted by summary proceedings or installments of Rent to become due for a period of more than one month in advance (except for security deposits and estimated payments of percentage rent, if any)otherwise.
(b) Grantor has not affirmatively done any act which would prevent Beneficiary from, or limit Beneficiary in, acting under any of the provisions of the foregoing assignment.
Appears in 1 contract
Sources: Indenture (Smithfield Foods Inc)
Assignment of Rents. (a) Grantor hereby assigns to Beneficiary Trustee, for the benefit of Beneficiary, the Rents as further security for the payment of the Indebtedness and performance of the Obligations, and, subject to the terms of the Intercreditor Agreement, and Grantor grants to Trustee and Beneficiary the right to enter the Trust Property for the purpose of collecting the same, same and to let the Trust Property or any part thereof and to apply the Rents on account of the ObligationsIndebtedness. The foregoing assignment and grant is present and absolute and shall continue in effect until the Obligations are fully Indebtedness is paid and performedin full, but Beneficiary and Trustee hereby waives waive the right to enter the Trust Property for the purpose of collecting the Rents, letting the Trust Property or any part thereof or applying the Rents and Grantor shall be entitled to collect, receive, use and retain the Rents until the occurrence and during the continuance of an Event of DefaultDefault under this Deed of Trust; such right of Grantor to collect, receive, use and retain the Rents may be revoked by Beneficiary upon the occurrence and during the continuance of any Event of Default under this Deed of Trust by giving not less than 10 five days’ ' written notice of such revocation to Grantor; , in the event such notice is given, Grantor shall pay over to Beneficiary, or to any receiver appointed to collect the Rents, any lease security deposits. Except , and shall pay monthly in advance to Beneficiary, or to any such receiver, the extent provided fair and reasonable rental value as determined by Beneficiary for the use and occupancy of the Trust Property or of such part thereof as may be in the possession of Grantor or any affiliate of Grantor, and upon default in any such payment Grantor and any such affiliate will vacate and surrender the possession of the LeasesTrust Property to Beneficiary or to such receiver, and in default thereof may be evicted by summary proceedings or otherwise. Grantor shall not accept prepayments or of installments of Rent to become due for a period of more than one month in advance (except for security deposits and estimated payments of percentage rent, if any).
(b) Grantor has not affirmatively done any act which would prevent Beneficiary from, or limit Beneficiary in, acting under any of the provisions of the foregoing assignment.
Appears in 1 contract
Sources: Deed of Trust (Ev International Inc)
Assignment of Rents. (a) Grantor hereby assigns to Trustee, for the benefit of Beneficiary the Rents as further security for the payment of and performance of the Obligations, and, subject to the terms of the Intercreditor Agreement, and Grantor grants to Trustee and Beneficiary the right to enter the Trust Property for the purpose of collecting the samesame and to let the Trust Property or any part thereof, and to apply the Rents on account of the Obligations. The foregoing assignment and grant is present and absolute and shall continue in effect until the Obligations secured hereby are fully paid and performedin full, but Beneficiary and Trustee hereby waives waive the right to enter the Trust Property for the purpose of collecting the Rents and Grantor shall be entitled to collect, receive, use and retain the Rents until the occurrence and during the continuance continuation of an Event of DefaultDefault under this Deed of Trust; such right of Grantor to collect, receive, use and retain the Rents may be revoked by Beneficiary upon the occurrence and during the continuance continuation of any Event of Default under this Deed of Trust by giving not less than 10 five days’ ' written notice of such revocation to Grantor; in the event such notice is given, Grantor shall pay over to Beneficiary, or to any receiver appointed to collect the Rents, Rents and any lease security deposits. Except to the extent provided for in any of the Leases, Grantor shall not accept prepayments or of installments of Rent to become due for a period of more than one month in advance (except for security deposits and estimated payments of percentage rent, if any).
(b) Grantor has not affirmatively done any act which would prevent Beneficiary from, or limit Beneficiary in, acting under any of the provisions of the foregoing assignment.
Appears in 1 contract
Assignment of Rents. (a) Grantor hereby assigns to Beneficiary Trustee, for the benefit of Beneficiary, the Rents as further security for the payment of the Indebtedness and performance of the Obligations, and, subject to the terms of the Intercreditor Agreement, and Grantor grants to Beneficiary the right to enter the Trust Property for the purpose of collecting the samesame and to let the Trust Property or any part thereof, and to apply the Rents on account of the ObligationsIndebtedness. The foregoing assignment and grant is present and absolute and shall continue in effect until the Obligations are fully Indebtedness is paid and performedin full, but Beneficiary hereby waives the right to enter the Trust Property for the purpose of collecting the Rents and Grantor shall be entitled to collect, receive, use and retain the Rents until the occurrence and during the continuance of an Event of DefaultDefault under this Deed of Trust; such right of Grantor to collect, receive, use and retain the Rents may be revoked by Beneficiary upon the occurrence and during the continuance of any Event of Default under this Deed of Trust by giving not less than 10 five (5) days’ ' written notice of such revocation to Grantor; in the event such notice is given, Grantor shall pay over to Beneficiary, or to any receiver appointed to collect the Rents, any lease security deposits. Except , and shall pay monthly in advance to Beneficiary, or to any such receiver, the extent provided fair and reasonable rental value as determined by Beneficiary for the use and occupancy of the Trust Property or of such part thereof as may be in the possession of Grantor or any affiliate of Grantor, and upon default in any such payment Grantor and any such affiliate will vacate and surrender the possession of the LeasesTrust Property to Beneficiary or to such receiver, and in default thereof may be evicted by summary proceedings or otherwise. Grantor shall not accept prepayments or of installments of Rent to become due for a period of more than one month in advance (except for security deposits and estimated payments of percentage rent, if any).
(b) Grantor has not affirmatively done any act which would prevent Beneficiary from, or limit Beneficiary in, acting under any of the provisions of the foregoing assignment.
Appears in 1 contract