Common use of Reasonable Use and Occupancy Clause in Contracts

Reasonable Use and Occupancy. In addition to the rights which Mortgagee may have herein, upon the occurrence of an Actionable Default which shall remain uncured, Mortgagee, at its option and in accordance with the terms of the Collateral Trust Agreement and the other Secured Debt Documents, may require Mortgagor to pay monthly in advance to Mortgagee, or any receiver appointed to collect the rents, the fair and reasonable rental value for the use and occupation of such part of the Mortgaged Property as may be occupied by Mortgagor or may require Mortgagor to vacate and surrender possession of the Mortgaged Property to Mortgagee or to such receiver and, in default thereof, Mortgagor may be evicted by summary proceedings or otherwise.

Appears in 2 contracts

Sources: Mortgage, Assignment of Rents and Leases, Fixture Filing, Financing Statement and Security Agreement (Midwest Generation LLC), Mortgage, Assignment of Rents and Leases, Fixture Filing, Financing Statement and Security Agreement (Midwest Generation LLC)

Reasonable Use and Occupancy. In addition to the rights which Mortgagee may have herein, upon the occurrence of an Actionable Default which shall remain uncured, Mortgagee, at its option and in accordance with the terms of the Collateral Trust Agreement and the other Secured Debt Documents, may require Mortgagor Borrower to pay monthly in advance to Mortgagee, or any receiver appointed to collect the rents, the fair and reasonable rental value for the use and occupation of such part of the Mortgaged Property as may be occupied by Mortgagor or may require Mortgagor to vacate and surrender possession of the Mortgaged Property to Mortgagee or to such receiver and, in default thereof, Mortgagor may be evicted by summary proceedings or otherwise.

Appears in 1 contract

Sources: Mortgage, Assignment of Rents and Leases, Fixture Filing, Financing Statement and Security Agreement (Midwest Generation LLC)