Common use of Collection and Application of Rents Clause in Contracts

Collection and Application of Rents. Subject to the License granted to Mortgagor under Section 2.2 above, Mortgagee has the right, power and authority to collect any and all Rents. Mortgagor hereby appoints Mortgagee its attorney-in-fact to perform any and all of the following acts (if an Event of Default has occurred and is continuing) if and at the times when Mortgagee in its sole discretion may so choose: (a) Demand, receive and enforce payment of any and all Rents; or (b) Give receipts, releases and satisfactions for any and all Rents; or (c) ▇▇▇ either in the name of Mortgagor or in the name of Mortgagee for any and all Rents. Mortgagee and Mortgagor agree that the mere recordation of the assignment granted herein entitles Mortgagee immediately to collect and receive rents upon the occurrence (and during the continuance) of an Event of Default without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to Mortgagor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, Mortgagee’s right to the Rents does not depend on whether or not Mortgagee takes possession of the Property as permitted under Subsection 6.3(c). In Mortgagee’s sole discretion, Mortgagee may choose to collect Rents either with or without taking possession of the Property. Mortgagee shall apply all Rents collected by it in the manner provided under Section 6.6. If an Event of Default occurs while Mortgagee is in possession of all or part of the Property and is collecting and applying Rents as permitted under this Mortgage, Mortgagee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage and at law or in equity.

Appears in 5 contracts

Sources: Open End Mortgage, Assignment of Rents, Security Agreement and Fixture Filing (Grubb & Ellis Healthcare REIT II, Inc.), Open End Mortgage, Assignment of Rents, Security Agreement (Grubb & Ellis Healthcare REIT II, Inc.), Open End Mortgage, Assignment of Rents, Security Agreement (Grubb & Ellis Healthcare REIT II, Inc.)

Collection and Application of Rents. Subject to the License granted to Mortgagor under Section 2.2 above, Mortgagee has the right, power and authority to collect any and all Rents. Mortgagor hereby appoints Mortgagee its attorney-in-fact to perform any and all of the following acts (if an Event of Default has occurred and is continuing) acts, if and at the times when Mortgagee in its sole discretion may so choose: (a) Demand, receive and enforce payment of any and all Rents; or (b) Give receipts, releases and satisfactions for any and all Rents; or (c) ▇▇▇ either in the name of Mortgagor or in the name of Mortgagee for any and all Rents. Mortgagee and Mortgagor agree that the mere recordation of the assignment granted herein entitles Mortgagee immediately to collect and receive rents upon the occurrence (and during the continuance) of an Event of Default Default, as defined in Section 6.2, without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to Mortgagor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, Mortgagee’s right to the Rents does not depend on whether or not Mortgagee takes possession of the Property as permitted under Subsection 6.3(c). In Mortgagee’s sole discretion, Mortgagee may choose to collect Rents either with or without taking possession of the Property. Mortgagee shall apply all Rents collected by it in the manner provided under Section 6.6. If an Event of Default occurs while Mortgagee is in possession of all or part of the Property and is collecting and applying Rents as permitted under this Mortgage, Mortgagee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage and at law or in equity.

Appears in 3 contracts

Sources: Purchase and Sale Agreement (Epr Properties), Purchase and Sale Agreement (CNL Lifestyle Properties Inc), Mortgage, Assignment of Rents, Security Agreement and Fixture Filing (Glimcher Realty Trust)

Collection and Application of Rents. Subject to the License granted to Mortgagor under Section 2.2 above, Mortgagee has the right, power and authority to collect any and all Rents. Mortgagor hereby appoints Mortgagee its attorney-in-fact to perform any and all of the following acts (if an Event of Default has occurred and is continuing) acts, if and at the times when Mortgagee in its sole discretion may so choose: (a) Demand, receive and enforce payment of any and all Rents; or (b) Give receipts, releases and satisfactions for any and all Rents; or (c) ▇▇▇ either in the name of Mortgagor or in the name of Mortgagee for any and all Rents. Mortgagee and Mortgagor agree that the mere recordation of the assignment granted herein entitles Mortgagee immediately to collect and receive rents upon the occurrence (and during the continuance) of an Event of Default a Default, as defined in Section 6.2, without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to Mortgagor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, Mortgagee’s right to the Rents does not depend on whether or not Mortgagee takes possession of the Property as permitted under Subsection 6.3(c). In Mortgagee’s sole discretion, Mortgagee may choose to collect Rents either with or without taking possession of the Property. Mortgagee shall apply all Rents collected by it in the manner provided under Section 6.6. If an Event of a Default occurs while Mortgagee is in possession of all or part of the Property and is collecting and applying Rents as permitted under this Mortgage, Mortgagee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage and at law or in equity.

Appears in 3 contracts

Sources: Credit Agreement (Glimcher Realty Trust), Credit Agreement (Glimcher Realty Trust), Credit Agreement (Inland Western Retail Real Estate Trust Inc)

Collection and Application of Rents. Subject to the License license granted to Mortgagor under Section 2.2 1.2 above, Mortgagee has the right, power and authority to collect any and all Rents. Mortgagor hereby appoints Mortgagee its attorney-in-fact to perform any and all of the following acts (if an Event of Default has occurred and is continuing) acts, if and at the times when Mortgagee in its sole discretion may so choosechoose after the occurrence of an Event of Default: (a) Demand, receive and enforce payment of any and all Rents; or (b) Give receipts, releases and satisfactions for any and all Rents; or (c) S▇▇ either in the name of Mortgagor or in the name of Mortgagee for any and all Rents. Mortgagee and Mortgagor agree agrees that the mere recordation of the assignment granted herein entitles Mortgagee immediately to collect and receive rents upon the occurrence (and during the continuance) of an Event of Default without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to Mortgagor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, Mortgagee’s right to the Rents does not depend on whether or not Mortgagee takes possession of the Property as permitted under Subsection 6.3(c)Section 7.1. In Mortgagee’s sole discretion, Mortgagee may choose to collect Rents either with or without taking possession of the Property. Mortgagee shall apply all Rents collected by it in Property after the manner provided under Section 6.6occurrence of an Event of Default. If an Event of Default occurs while Mortgagee is in possession of all or part of the Property and is collecting and applying Rents as permitted under this MortgageSecurity Instrument, Mortgagee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage Security Instrument and at law or in equity.

Appears in 2 contracts

Sources: Credit Agreement (Cig Wireless Corp.), Credit Agreement (Cig Wireless Corp.)

Collection and Application of Rents. Subject to Upon termination of the License granted to Mortgagor Grantor under Section 2.2 aboveof this Deed of Trust, Mortgagee Beneficiary has the right, power and authority to collect any and all Rents. Mortgagor Effective upon such termination, Grantor hereby appoints Mortgagee Beneficiary its attorney-in-fact to perform any and all of the following acts (if an Event of Default has occurred and is continuing) acts, if and at the times when Mortgagee Beneficiary in its sole discretion may so choose: (a) Demand, receive and enforce payment of any and all Rents; or; (b) Give receipts, releases and satisfactions for any and all Rents; orand (c) ▇▇▇ either in the name of Mortgagor Grantor or in the name of Mortgagee Beneficiary for any and all Rents. Mortgagee Beneficiary and Mortgagor Grantor agree that the mere recordation of the assignment granted herein entitles Mortgagee Beneficiary immediately to collect and receive rents upon the occurrence (and during the continuance) continuance of an Event of Default Default, as defined in Section 6.2 of this Deed of Trust, without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to MortgagorGrantor, filing foreclosure proceedings, or seeking and/or and/or, except as required by applicable law, obtaining the appointment of a receiver. Further, MortgageeBeneficiary’s right to the Rents does not depend on whether or not Mortgagee Beneficiary takes possession of the Property as permitted under Subsection 6.3(c)) of this Deed of Trust. In MortgageeBeneficiary’s sole discretion, Mortgagee Beneficiary may choose to collect Rents either with or without taking possession of the Property. Mortgagee Beneficiary shall apply all Rents collected by it in the manner provided under Section 6.66.6 of this Deed of Trust. If an Event of Default occurs while Mortgagee Beneficiary is in possession of all or part of the Property and is collecting and applying Rents as permitted under this MortgageDeed of Trust, Mortgagee Beneficiary and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage Deed of Trust and at law or in equity.

Appears in 2 contracts

Sources: Deed of Trust (TNP Strategic Retail Trust, Inc.), Deed of Trust (TNP Strategic Retail Trust, Inc.)

Collection and Application of Rents. Subject to the License granted to Mortgagor under Section 2.2 above, Mortgagee has the right, power and authority to collect any and all Rents. Mortgagor hereby appoints Mortgagee its attorney-in-fact to perform any and all of the following acts (if an Event of Default has occurred and is continuing) acts, if and at the times when Mortgagee in its sole discretion may so choose: (ai) Demand, receive and enforce payment of any and all Rents; or (bii) Give receipts, releases and satisfactions for any and all Rents; or (ciii) ▇▇▇ either in the name of Mortgagor or in the name of Mortgagee for any and all Rents. Mortgagee and Mortgagor agree that the mere recordation of the assignment granted herein entitles Mortgagee immediately to collect and receive rents upon the occurrence (and during the continuance) of an Event of Default a Default, as defined in Section 6.2, without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to Mortgagor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, Mortgagee’s right to the Rents does not depend on whether or not Mortgagee takes possession of the Property as permitted under Subsection 6.3(c). In Mortgagee’s sole discretion, Mortgagee may choose to collect Rents either with or without taking possession of the Property. Mortgagee shall apply all Rents collected by it in the manner provided under Section 6.6. If an Event of a Default occurs while Mortgagee is in possession of all or part of the Property and is collecting and applying Rents as permitted under this Mortgage, Mortgagee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage and at law or in equity.

Appears in 1 contract

Sources: Credit Agreement (Glimcher Realty Trust)

Collection and Application of Rents. Subject to the License granted to Mortgagor under Section 2.2 above2 1, Mortgagee has the right, power and authority to collect any and all alt Rents. , Mortgagor hereby appoints Mortgagee its it’s attorney-in-fact to perform any and all of the following acts (if an Event of Default has occurred and is continuing) if acts, If and at the tie times when Mortgagee in its sole discretion may so choose: : (a) Demanddemand, receive and enforce payment of any and all Rents; or or (b) Give give receipts, releases and satisfactions for any and all Rents; or or (c) s▇▇ either in the name of Mortgagor or in the name of Mortgagee for any and all Rents. Mortgagee and Mortgagor agree that the mere recordation of the assignment granted herein entitles Mortgagee immediately to collect and receive rents upon the occurrence (and during the continuance) of an Event of Default without first taking any acts of enforcement under applicable law, such as, but not limited Mortgagee's right to, providing notice to Mortgagor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, Mortgagee’s right to the Rents does not depend on whether or not Mortgagee takes possession of the Property as permitted under Subsection 6.3(cSection 7.2(c). In Mortgagee’s 's sole discretion, Mortgagee It may choose to collect Rents either with or without taking possession of the Property. Mortgagee shall apply all Rents collected by it in the manner provided under Section 6.6. If an Event of Default occurs while Mortgagee is in possession of all or part of the Property and is -is collecting and applying Rents as permitted under this Mortgage, Mortgagee . Mortgaged and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage and at law or in equity.

Appears in 1 contract

Sources: Mortgage With Assignment of Rents, Security Agreement and Fixture Filing (America First Multifamily Investors, L.P.)

Collection and Application of Rents. Subject to the License granted to Mortgagor under Section 2.2 above, Mortgagee has the right, power and authority to collect any and all RentsRents after an Event of Default by Mortgagor. Mortgagor hereby appoints Mortgagee its attorney-in-fact attorney‑in‑fact to perform any and all of the following acts (if an Event of Default has occurred and is continuing) acts, if and at the times when Mortgagee in its sole discretion may so choose: (a) Demand, receive and enforce payment of any and all Rents; or (b) Give receipts, releases and satisfactions for any and all Rents; or (c) S▇▇ either in the name of Mortgagor or in the name of Mortgagee for any and all Rents. Mortgagee and Mortgagor agree that the mere recordation of the assignment granted herein entitles Mortgagee immediately to collect and receive rents upon the occurrence (and during the continuance) of an Event of Default Default, as defined in Section 6.2, without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to Mortgagor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, Mortgagee’s right to the Rents does not depend on whether or not Mortgagee takes possession of the Property as permitted under Subsection 6.3(c). In Mortgagee’s sole discretion, Mortgagee may choose to collect Rents either with or without taking possession of the Property. Mortgagee shall apply all Rents collected by it in the manner provided under Section 6.6. If an Event of Default occurs while Mortgagee is in possession of all or part of the Property and is collecting and applying Rents as permitted under this Mortgage, Mortgagee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage and at law or in equity.

Appears in 1 contract

Sources: Mortgage, Assignment of Rents, Security Agreement and Fixture Filing (CNL Healthcare Properties II, Inc.)

Collection and Application of Rents. Subject to the License granted to Mortgagor under Section 2.2 above, Mortgagee has the right, power and authority to collect any and all Rents. Mortgagor hereby appoints Mortgagee its attorney-in-fact to perform any and all of the following acts (if an Event of Default has occurred and is continuing) acts, if and at the times when Mortgagee in its sole discretion may so choose: (a) Demand, receive and enforce payment of any and all Rents; or (b) Give receipts, releases and satisfactions for any and all Rents; or (c) S▇▇ either in the name of Mortgagor or in the name of Mortgagee for any and all Rents. Mortgagee and Mortgagor agree that the mere recordation of the assignment granted herein entitles Mortgagee immediately to collect and receive rents upon the occurrence (and during the continuance) continuance of an Event of Default Default, as defined in Section 6.2, without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to MortgagorM▇▇▇▇▇▇▇▇, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, Mortgagee’s right to the Rents does not depend on whether or not Mortgagee takes possession of the Property as permitted under Subsection 6.3(c). In Mortgagee’s sole discretion, Mortgagee may choose to collect Rents either with or without taking possession of the Property. Mortgagee shall apply all Rents collected by it in the manner provided under Section 6.6. If For so long as an Event of Default occurs is continuing while Mortgagee is in possession of all or part of the Property and is collecting and applying Rents as permitted under this Mortgage, Mortgagee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage and at law or in equity.

Appears in 1 contract

Sources: Mortgage, Assignment of Rents, Security Agreement and Fixture Filing (New England Realty Associates Limited Partnership)

Collection and Application of Rents. Subject to the License granted to Mortgagor Trustor under Section 2.2 above2.2, Mortgagee Beneficiary has the right, power and authority to collect any and all RentsRents and exercise Trustor’s right, title and interest under the Leases. Mortgagor Trustor hereby appoints Mortgagee Beneficiary its attorney-in-fact (which appointment is irrevocable and coupled with an interest) to perform any and all of the following acts (if an Event of Default has occurred and is continuing) acts, if and at the times when Mortgagee Beneficiary in its sole absolute discretion may so choose: (a) Demand, receive and enforce payment of any and all Rents; orRents and any other right, title and interest of Trustor under the Leases; (b) Give receipts, releases and satisfactions for any and all RentsRents and any other obligations and duties under the Leases; or (c) ▇▇▇ either in the name of Mortgagor Trustor or in the name of Mortgagee Beneficiary for any and all RentsRents and to enforce any other obligations and duties under the Leases. Mortgagee and Mortgagor agree that the mere recordation of the assignment granted herein entitles Mortgagee immediately to collect and receive rents upon the occurrence (and during the continuance) of an Event of Default without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to Mortgagor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, MortgageeBeneficiary’s right to the Rents and the Leases does not depend on whether or not Mortgagee Beneficiary takes possession of the Property as permitted under Subsection 6.3(c)Section 6.2.3 hereof, or as permitted under applicable law. In MortgageeBeneficiary’s sole absolute discretion, Mortgagee Beneficiary may choose to collect Rents and exercise the right, title and interest of Trustor under the Leases either with or without taking possession of the Property. Mortgagee Beneficiary shall apply all Rents collected by it in the manner provided under Section 6.66.5. If an Event of Default occurs while Mortgagee shall have occurred and Beneficiary is in possession of all or part of the Property and is collecting and applying Rents and exercising any right, title and interest of Trustor under the Leases as permitted under this MortgageDeed of Trust, Mortgagee then Beneficiary, Trustee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage Deed of Trust and at law or and in equity, including the right to exercise the power of sale granted under Section 1.1 and Section 6.2.7.

Appears in 1 contract

Sources: Credit Agreement (Pinnacle Entertainment Inc)

Collection and Application of Rents. Subject to the License granted to Mortgagor Grantor under Section 2.2 above, Mortgagee Beneficiary has the right, power and authority to collect any and all Rents. Mortgagor Grantor hereby appoints Mortgagee Beneficiary its attorney-in-fact to perform any and all of the following acts (if an Event of Default has occurred and is continuing) if and at the times when Mortgagee Beneficiary in its sole discretion may so choose: (a) Demand, receive and enforce payment of any and all Rents; or (b) Give receipts, releases and satisfactions for any and all Rents; or (c) ▇▇▇ either in the name of Mortgagor Grantor or in the name of Mortgagee Beneficiary for any and all Rents. Mortgagee Beneficiary and Mortgagor Grantor agree that the mere recordation of the assignment granted herein entitles Mortgagee Beneficiary immediately to collect and receive rents upon the occurrence (and during the continuance) of an Event of Default without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to MortgagorGrantor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, MortgageeBeneficiary’s right to the Rents does not depend on whether or not Mortgagee Beneficiary takes possession of the Property as permitted under Subsection 6.3(c). In MortgageeBeneficiary’s sole discretion, Mortgagee Beneficiary may choose to collect Rents either with or without taking possession of the Property. Mortgagee Beneficiary shall apply all Rents collected by it in the manner provided under Section 6.6. If an Event of Default occurs while Mortgagee Beneficiary is in possession of all or part of the Property and is collecting and applying Rents as permitted under this MortgageDeed of Trust, Mortgagee Beneficiary and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage Deed of Trust and at law or in equity.

Appears in 1 contract

Sources: Deed of Trust, Assignment of Rents, Security Agreement (Grubb & Ellis Healthcare REIT II, Inc.)

Collection and Application of Rents. Subject to the License granted to Mortgagor under Section 2.2 above, Mortgagee has the right, power and authority to collect any and all Rents. Mortgagor hereby appoints Mortgagee its attorney-in-fact fact, solely upon the occurrence and during the continuance of an Event of Default and after notice to the Mortgagor, to perform any and all of the following acts (if an Event of Default has occurred and is continuing) acts, if and at the times when Mortgagee in its sole discretion may so choose: (a) Demand, receive and enforce payment of any and all Rents; or (b) Give receipts, releases and satisfactions for any and all Rents; or (c) ▇▇▇ either in the name of Mortgagor or in the name of Mortgagee for any and all Rents. Mortgagee and Mortgagor agree that the mere recordation of the assignment granted herein entitles Mortgagee immediately to collect and receive rents upon the occurrence (and during the continuance) continuance of an Event of Default and after notice to the Mortgagor, without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to Mortgagor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, Mortgagee’s right to the Rents does not depend on whether or not Mortgagee takes possession of the Property as permitted under Subsection 6.3(c7.3(c). In Mortgagee’s sole discretion, Mortgagee may choose to collect Rents either with or without taking possession of the Property. Mortgagee shall apply all Rents collected by it in the manner provided under Section 6.67.6. If an Event of Default occurs while Mortgagee is in possession of all or part of the Property and is collecting and applying Rents as permitted under this Mortgage, Mortgagee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage and at law or in equity.

Appears in 1 contract

Sources: Credit Agreement (American Dental Partners Inc)

Collection and Application of Rents. Subject to the License granted to Mortgagor Trustor under Section 2.2 2.3 above, Mortgagee has and only upon the occurrence and during the continuance of an Event of Default, Beneficiary shall have the right, power and authority to collect any and all RentsRents and exercise Trustor’s right, title and interest under the Leases. Mortgagor Trustor hereby appoints Mortgagee Beneficiary as its mandatory attorney-in-fact (which appointment is irrevocable and coupled with an interest) to perform any and all of the following acts (if upon the occurrence and during the continuance of an Event of Default has occurred and is continuing) Default, if and at the times when Mortgagee Beneficiary, in its sole discretion absolute discretion, may so choose: (a) Demand, receive and enforce payment of any and all Rents; orRents and any other right, title and interest of Trustor under the Leases; (b) Give receipts, releases and satisfactions for any and all RentsRents and any other obligations and duties under the Leases; or (c) ▇▇▇ either in the name of Mortgagor Trustor or in the name of Mortgagee Beneficiary for any and all RentsRents and to enforce any other obligations and duties under the Leases. Mortgagee and Mortgagor agree that the mere recordation of the assignment granted herein entitles Mortgagee immediately to collect and receive rents upon the occurrence (and during the continuance) of an Event of Default without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to Mortgagor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, MortgageeBeneficiary’s right to the Rents and the Leases does not depend on whether or not Mortgagee Beneficiary takes possession of the Property as permitted under Subsection 6.3(c)Section 6.2.3 hereof, or as permitted under applicable law. In MortgageeBeneficiary’s sole absolute discretion, Mortgagee Beneficiary may choose to collect Rents and exercise the right, title and interest of Trustor under the Leases either with or without taking possession of the Property. Mortgagee Beneficiary shall apply all Rents collected by it in the manner provided under Section 6.66.5. If an Event of Default occurs while Mortgagee shall have occurred and Beneficiary is in possession of all or part of the Property as Keeper (hereinafter defined) thereof or otherwise and is collecting and applying Rents and exercising any right, title and interest of Trustor under the Leases as permitted under this Mortgage, Mortgagee then Beneficiary and any receiver Keeper shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage and at law or and in equity.

Appears in 1 contract

Sources: Credit Agreement (Pinnacle Entertainment Inc)

Collection and Application of Rents. Subject to the License granted to Mortgagor under Section 2.2 above, Mortgagee has the right, power and authority to collect any and all Rents. Mortgagor hereby appoints Mortgagee its attorney-in-fact to perform any and all of the following acts (if an Event of Default has occurred and is continuing) if and at the times when Mortgagee in its sole discretion may so choose: (a) 2.3.1 Demand, receive and enforce payment of any and all Rents; or (b) 2.3.2 Give receipts, releases and satisfactions for any and all Rents; or (c) 2.3.3 ▇▇▇ either in the name of Mortgagor or in the name of Mortgagee for any and all Rents. Mortgagee and Mortgagor agree that the mere recordation of the assignment granted herein entitles Mortgagee immediately to collect and receive rents upon the occurrence (and during the continuance) of an Event of Default without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to Mortgagor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, Mortgagee’s right to the Rents does not depend on whether or not Mortgagee takes possession of the Property as permitted under Subsection 6.3(c). In Mortgagee’s sole discretion, Mortgagee may choose to collect Rents either with or without taking possession of the Property. Mortgagee shall apply all Rents collected by it in the manner provided under Section 6.6. If an Event of Default occurs while Mortgagee is in possession of all or part of the Property and is collecting and applying Rents as permitted under this Mortgage, Mortgagee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage and at law or in equity.

Appears in 1 contract

Sources: Credit Agreement (Cornerstone Healthcare Plus Reit, Inc.)

Collection and Application of Rents. Subject to the License granted to Mortgagor under Section 2.2 above, Mortgagee has the right, power and authority to collect any and all Rents. Mortgagor hereby appoints Mortgagee its attorney-in-fact to perform any and all of the following acts (if an Event of Default has occurred and is continuing) acts, if and at the times when Mortgagee in its sole discretion may so choose: (a) : Demand, receive and enforce payment of any and all Rents; or (b) or Give receipts, releases and satisfactions for any and all Rents; or (c) or ▇▇▇ either in the name of Mortgagor or in the name of Mortgagee for any and all Rents. Mortgagee and Mortgagor agree that the mere recordation of the assignment granted herein entitles Mortgagee immediately to collect and receive rents upon the occurrence (and during the continuance) of an Event of Default a Default, as defined in Section 6.2, without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to Mortgagor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, Mortgagee’s right to the Rents does not depend on whether or not Mortgagee takes possession of the Property as permitted under Subsection 6.3(c). In Mortgagee’s sole discretion, Mortgagee may choose to collect Rents either with or without taking possession of the Property. Mortgagee shall apply all Rents collected by it in the manner provided under Section 6.6. If an Event of a Default occurs while Mortgagee is in possession of all or part of the Property and is collecting and applying Rents as permitted under this Mortgage, Mortgagee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage and at law or in equity. Mortgagee Not Responsible. Under no circumstances shall Mortgagee have any duty to produce Rents from the Property. Regardless of whether or not Mortgagee, in person or by agent, takes actual possession of the Premises and Improvements, unless Mortgagee agrees in writing to the contrary, Mortgagee is not and shall not be deemed to be: A “mortgagee in possession” for any purpose; or Responsible for performing any of the obligations of the lessor under any Lease; or Responsible for any waste committed by lessees or any other parties, any dangerous or defective condition of the Property, or any negligence in the management, upkeep, repair or control of the Property, unless caused by the gross negligence, willful misconduct or bad faith of Mortgagee; or Liable in any manner for the Property or the use, occupancy, enjoyment or operation of all or any part of it.

Appears in 1 contract

Sources: Credit Agreement (Inland Western Retail Real Estate Trust Inc)

Collection and Application of Rents. Subject to the License granted to Mortgagor under Section 2.2 above, Mortgagee has the right, power and authority to collect any and all Rents. Mortgagor hereby appoints Mortgagee its attorney-in-fact to perform any and all of the following acts (if an Event of Default has occurred and is continuing) acts, if and at the times when Mortgagee in its sole discretion may so choosechoose while an Event of Default is ongoing: (a) Demand, receive and enforce payment of any and all Rents; or (b) Give receipts, releases and satisfactions for any and all Rents; or (c) ▇▇▇ either in the name of Mortgagor or in the name of Mortgagee for any and all Rents. Mortgagee and Mortgagor agree that the mere recordation of the assignment granted herein entitles Mortgagee immediately to collect and receive rents upon the occurrence (and during the continuance) of an Event of Default Default, as defined in Section 6.2, without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to Mortgagor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, Mortgagee’s right to the Rents does not depend on whether or not Mortgagee takes possession of the Property as permitted under Subsection 6.3(c). In Mortgagee’s sole discretion, Mortgagee may choose to collect Rents either with or without taking possession of the Property. Mortgagee shall apply all Rents collected by it in the manner provided under Section 6.6. If an Event of Default occurs while Mortgagee is in possession of all or part of the Property and is collecting and applying Rents as permitted under this Mortgage, Mortgagee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage and at law or in equity.

Appears in 1 contract

Sources: Mortgage, Assignment of Rents, Security Agreement (CNL Healthcare Properties, Inc.)

Collection and Application of Rents. Subject to the License granted to Mortgagor under Section 2.2 above, Mortgagee has the right, power and authority to collect any and all Rents. Mortgagor hereby appoints Mortgagee its attorney-in-fact to perform any and all of the following acts (acts, if after the occurrence and during the continuance of an Event of Default has occurred and is continuing) if and at the times when Mortgagee in its sole discretion may so choose: (a) Demand, receive and enforce payment of any and all Rents; or (b) Give receipts, releases and satisfactions for any and all Rents; or (c) S▇▇ either in the name of Mortgagor or in the name of Mortgagee for any and all Rents. Mortgagee and Mortgagor agree that the mere recordation of the assignment granted herein entitles Mortgagee immediately to collect and receive rents upon the occurrence (and during the continuance) continuance of an Event of Default Default, as defined in Section 6.2, without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to Mortgagor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, Mortgagee’s right to the Rents does not depend on whether or not Mortgagee takes possession of the Property as permitted under Subsection 6.3(c). In Mortgagee’s sole discretion, Mortgagee may choose to collect Rents either with or without taking possession of the Property. Mortgagee shall apply all Rents collected by it in the manner provided under Section 6.6. If an Event of Default occurs and is continuing while Mortgagee is in possession of all or part of the Property and is collecting and applying Rents as permitted under this Mortgage, Mortgagee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage and at law or in equity.

Appears in 1 contract

Sources: Mortgage Assignment of Rents, Security Agreement and Fixture Filing (Bluerock Residential Growth REIT, Inc.)

Collection and Application of Rents. Subject to Upon termination of the License granted to Mortgagor Grantor under Section 2.2 aboveof this Deed of Trust, Mortgagee Beneficiary has the right, power and authority to collect any and all Rents. Mortgagor Effective upon such termination, Grantor hereby appoints Mortgagee Beneficiary its attorney-in-fact to perform any and all of the following acts (if an Event of Default has occurred and is continuing) acts, if and at the times when Mortgagee Beneficiary in its sole discretion may so choose: (a) Demand, receive and enforce payment of any and all Rents; or; (b) Give receipts, releases and satisfactions for any and all Rents; or; (c) ▇▇▇ either in the name of Mortgagor Grantor or in the name of Mortgagee Beneficiary for any and all Rents; and (d) exercise all rights and remedies pursuant to Arizona Revised Statutes §33-702(B). Mortgagee Beneficiary and Mortgagor Grantor agree that the mere recordation of the assignment granted herein entitles Mortgagee Beneficiary immediately to collect and receive rents upon the occurrence (and during the continuance) continuance of an Event of Default Default, as defined in Section 6.2 of this Deed of Trust, without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to MortgagorGrantor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, MortgageeBeneficiary’s right to the Rents does not depend on whether or not Mortgagee Beneficiary takes possession of the Property as permitted under Subsection 6.3(c)) of this Deed of Trust. In MortgageeBeneficiary’s sole discretion, Mortgagee Beneficiary may choose to collect Rents either with or without taking possession of the Property. Mortgagee Beneficiary shall apply all Rents collected by it in the manner provided under Section 6.66.6 of this Deed of Trust. If an Event of Default occurs while Mortgagee Beneficiary is in possession of all or part of the Property and is collecting and applying Rents as permitted under this MortgageDeed of Trust, Mortgagee Beneficiary and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage Deed of Trust and at law or in equity.

Appears in 1 contract

Sources: Deed of Trust (TNP Strategic Retail Trust, Inc.)

Collection and Application of Rents. Subject Rents received by Mortgagee for any period prior to foreclosure under this Mortgage or acceptance of a deed in lieu of foreclosure shall be applied by Mortgagee to the License granted to Mortgagor under Section 2.2 above, Mortgagee has the right, power and authority to collect any and all Rents. Mortgagor hereby appoints Mortgagee its attorney-in-fact to perform any and all payment of the following acts (if an Event of Default has occurred in the order and is continuing) if and at the times when priority as Mortgagee in its sole discretion may so choose: determines): (a) Demand, receive and enforce payment of any and all Rentsoperating expenses; or (b) Give receipts, releases all expenses incident to taking and satisfactions for any retaining possession of the Property and/or collecting Rent as it becomes due and all Rentspayable; or and (c) the Secured Obligations. The Secured Obligations will not be reduced under this Section 2.4 except to the extent, if any, that Mortgagee actually receives and applies any Rents to the Secured Obligations in accordance with the preceding sentence. Without impairing its rights hereunder, Mortgagee may, at its option, at any time and from time to time, release to Mortgagor any Rents so received by Mortgagee. At any time during which Mortgagor is receiving Rents directly from any of the lessees under the Leases, Mortgagor shall, upon receipt of written direction from Mortgagee, make demand and s▇▇ either for all Rents due and payable under any Leases, as directed by Mortgagee, as it becomes due and payable, including Rents which are past due and unpaid. If Mortgagor fails to take such action, or at any time during which Mortgagor is not receiving Rents directly from lessees under the Leases, Mortgagee shall have the right (but shall be under no duty) to demand, collect and s▇▇ for, in the its own name of Mortgagor or in the name of Mortgagee for any and all Rents. Mortgagee and Mortgagor agree that the mere recordation of the assignment granted herein entitles Mortgagee immediately to collect and receive rents upon the occurrence (and during the continuance) of an Event of Default without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to Mortgagor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, Mortgagee’s right to the Rents does not depend on whether or not Mortgagee takes possession of the Property as permitted under Subsection 6.3(c). In Mortgagee’s sole discretion, Mortgagee may choose to collect Rents either with or without taking possession of the Property. Mortgagee shall apply all Rents collected by due and payable under the Leases, as it in the manner provided under Section 6.6. If an Event of Default occurs while Mortgagee is in possession of all or part of the Property becomes due and is collecting payable, including Rents which are past due and applying Rents as permitted under this Mortgage, Mortgagee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage and at law or in equityunpaid.

Appears in 1 contract

Sources: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Innovative Food Holdings Inc)

Collection and Application of Rents. Subject to Upon termination of the License granted to Mortgagor under Section 2.2 aboveof this Mortgage, Mortgagee has the right, power and authority to collect any and all Rents. Effective upon such termination, Mortgagor hereby appoints Mortgagee its attorney-in-fact to perform any and all of the following acts (if an Event of Default has occurred and is continuing) acts, if and at the times when Mortgagee in its sole discretion may so choose: (a) Demand, receive and enforce payment of any and all Rents; or; (b) Give receipts, releases and satisfactions for any and all Rents; orand (c) ▇▇▇ either in the name of Mortgagor or in the name of Mortgagee for any and all Rents. Mortgagee and Mortgagor agree that the mere recordation of the assignment granted herein entitles Mortgagee immediately to collect and receive rents upon the occurrence (and during the continuance) continuance of an Event of Default Default, as defined in Section 6.2 of this Mortgage, without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to Mortgagor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, Mortgagee’s right to the Rents does not depend on whether or not Mortgagee takes possession of the Property as permitted under Subsection 6.3(c)) of this Mortgage. In Mortgagee’s sole discretion, Mortgagee may choose to collect Rents either with or without taking possession of the Property. Mortgagee shall apply all Rents collected by it in the manner provided under Section 6.66.6 of this Mortgage. If an Event of Default occurs while Mortgagee is in possession of all or part of the Property and is collecting and applying Rents as permitted under this Mortgage, Mortgagee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Mortgage and at law or in equity.

Appears in 1 contract

Sources: Mortgage, Assignment of Rents, Security Agreement and Fixture Filing (TNP Strategic Retail Trust, Inc.)