Common use of Right of Possession Clause in Contracts

Right of Possession. Upon the occurrence of an Event of Default, ------------------- Borrower shall surrender to Lender, forthwith upon demand of Lender, and Lender shall be entitled to be placed in possession of the Premises as provided in the Act, and Lender, in its discretion and pursuant to court order, may enter upon and take and maintain possession of all or any part of the Premises, together with all documents, books, records, papers and accounts of Borrower or the then owner of the Premises and the owner of the leasehold interest in the Land relating thereto, and may exclude Borrower, such owner, and any agents and servants thereof wholly therefrom and, on behalf of Borrower or such owner, or in its own name as Lender and under the powers herein granted may: 19.1 hold, operate, manage and control all or any part of the Premises and conduct the business, if any, thereof, either personally or by its agents, with full power to use such measures, legal or equitable, as Lender may deem necessary to collect and enforce the payment of the rents, issues, deposits, profits and avails of the Premises, including, without limitation, to bring actions for recovery of rent, in forcible detainer, and in distress for rent, all without notice to Borrower; 19.2 cancel or terminate any Lease or sublease of all or any part of the Premises for any cause or on any ground that would entitle Borrower or Lender to cancel the same; 19.3 elect to disaffirm and terminate any Lease or sublease of all or any part of the Premises made subsequent to this Mortgage without Lender's prior written consent; 19.4 extend or modify any then existing Leases and make new Leases of all or any part of the Premises, which extensions, modifications, and new Leases may provide for terms, or for options to extend or renew terms, to expire on dates beyond the maturity date of the loan evidenced by the Note and the issuance of a deed to a purchaser at a foreclosure sale, it being understood and agreed that any such Leases, and the options or other such provisions to be contained therein, shall be binding upon Borrower, all persons whose interests in the Premises are subject to the lien hereof, and the purchaser at any foreclosure sale, notwithstanding any redemption from sale, reinstatement, discharge of the Indebtedness, satisfaction of any foreclosure decree, or issuance of any certificate of sale or deed to any such purchaser; 19.5 make all necessary or proper repairs, decoration renewals, replacements, alterations, additions, betterments and improvements in connection with the Premises as may seem judicious to Lender, to insure and reinsure the Property and all risks incidental to Lender's possession, operation, and management thereof, and to receive all rents, issues, deposits, profits and avails therefrom; and 19.6 apply the net income, after allowing a reasonable fee for the collection thereof and for the management of the Premises, to the payment of Taxes, Premiums and other charges applicable to the Premises, or in reduction of the Indebtedness in such order and manner as Lender shall select. Without limiting the generality of the foregoing, Lender shall have all power, authority and duties as provided in the Act. Nothing herein contained shall be construed as constituting Lender a mortgagee in possession in the absence of the actual taking of possession of the Premises by Lender.

Right of Possession. Upon In any case in which, under the occurrence provisions of an Event this Mortgage or the other Loan Documents, Lender has a right to institute foreclosure proceedings, whether or not the entire principal sum secured hereby becomes immediately due and payable as aforesaid, or whether before or after the institution of Defaultproceedings to foreclose the lien hereof or before or after sale thereunder, ------------------- Borrower shall surrender to LenderMortgagor shall, forthwith upon demand of Lender, surrender to Lender, and Lender shall be entitled to be placed in take actual possession of of, the Premises as provided in the ActMortgaged Property or any part thereof, personally or by its agent or attorneys, and Lender, in its discretion and pursuant to court orderdiscretion, may enter upon and take and maintain possession of all or any part of the PremisesMortgaged Property, together with all documents, books, records, papers papers, and accounts of Borrower Mortgagor or the then owner of the Premises and the owner of the leasehold interest in the Land Mortgaged Property relating thereto, and may exclude BorrowerMortgagor, such owner, and any agents and servants thereof wholly therefrom andand may, on behalf as attorney-in-fact or agent of Borrower Mortgagor or such owner, or in its own name as Lender and under the powers herein granted maygranted: 19.1 (a) hold, operate, manage manage, and control all or any part of the Premises Mortgaged Property and conduct the business, if any, thereof, either personally or by its agents, with full power to use such measures, legal or equitable, as Lender in its discretion may deem be deemed proper or necessary to collect and enforce the payment or security of the rents, issues, deposits, profits profits, and avails of the PremisesMortgaged Property, including, including without limitation, to bring limitation actions for recovery of rent, actions in forcible detainer, and actions in distress for rent, all without notice to Borrowerany Mortgagor; 19.2 (b) cancel or terminate any Lease lease or sublease of all or any part of the Premises Mortgaged Property for any cause or on any ground that would entitle Borrower or Lender Mortgagor to cancel the same; 19.3 (c) elect to disaffirm and terminate any Lease lease or sublease of all or any part of the Premises Mortgaged Property made subsequent to this Mortgage without Lender's prior written consentor subordinated to the lien hereof; 19.4 (d) extend or modify any then existing Leases leases and make new Leases leases of all or any part of the PremisesMortgaged Property, which extensions, modifications, and new Leases leases may provide for termsterms to expire, or for options to lessees to extend or renew termsterms to expire, to expire on dates beyond the maturity date of the loan evidenced by the Note and the issuance of a deed or deeds to a purchaser or purchasers at a foreclosure sale, it being understood and agreed that any such Leasesleases, and the options or other such provisions to be contained therein, shall be binding upon BorrowerMortgagor, all persons whose interests in the Premises Mortgaged Property are subject to the lien hereof, and the purchaser or purchasers at any foreclosure sale, notwithstanding any redemption from sale, reinstatement, discharge of the Indebtednessindebtedness secured hereby, satisfaction of any foreclosure decree, or issuance of any certificate of sale or deed to any such purchaser;; and 19.5 (e) make all necessary or proper repairs, decoration decoration, renewals, replacements, alterations, additions, betterments betterments, and improvements in connection with the Premises Mortgaged Property as may seem judicious to Lender, to insure and reinsure the Mortgaged Property and all risks incidental to Lender's ’s possession, operation, and management thereof, and to receive all rents, issues, deposits, profits profits, and avails therefrom; and 19.6 apply the net income, after allowing a reasonable fee for the collection thereof and for the management of the Premises, to the payment of Taxes, Premiums and other charges applicable to the Premises, or in reduction of the Indebtedness in such order and manner as Lender shall select. Without limiting the generality of the foregoing, Lender shall have all power, authority and duties as provided in the Act. Nothing herein contained shall be construed as constituting Lender a mortgagee in possession in the absence of the actual taking of possession of the Premises by Lender.

Right of Possession. Upon In any case in which, under the occurrence provisions of an Event this Mortgage, Lender has a right to institute foreclosure proceedings, whether or not the entire principal sum secured hereby becomes immediately due and payable as aforesaid, or whether before or after the institution of Defaultproceedings to foreclose the lien hereof or before or after sale thereunder, ------------------- Borrower shall surrender to Lendershall, forthwith upon demand of Lender, surrender to Lender, and Lender shall be entitled entitled, subject to be placed in possession the rights of the Premises Ground Lessee and Qualified Sublessees (as provided such term is defined in the ActGround Lease) which have been recognized by Lender, to take actual possession of, the Mortgaged Property or any part thereof, personally or by its agent or attorneys, and Lender, in its discretion and pursuant to court orderdiscretion, may enter upon and take and maintain possession of all or any part of the PremisesMortgaged Property, together with all documents, books, records, papers and accounts of Borrower or the then owner of the Premises and the owner of the leasehold interest in the Land Mortgaged Property relating thereto, and may exclude Borrower, such owner, owner and any agents and servants thereof wholly therefrom andand may, on behalf as attorney-in-fact or agent of Borrower or such owner, or in its own name as Lender and under the powers herein granted maygranted: 19.1 (a) hold, operate, manage and control all or any part of the Premises Mortgaged Property and conduct the business, if any, thereof, either personally or by its agents, with full power to use such measures, whether legal or equitable, as Lender in its discretion may deem be deemed proper or necessary to collect and enforce the payment or security of the rents, issues, deposits, profits and avails of the PremisesMortgaged Property, including, without limitation, to bring actions for recovery of rent, and actions in forcible detainer, and in distress for rent, all without notice to Borrower; 19.2 (b) cancel or terminate any Lease lease or sublease of all or any part of the Premises Mortgaged Property for any cause or on any ground that would entitle Borrower or Lender to cancel the same; 19.3 (c) elect to disaffirm and terminate any Lease lease or sublease of all or any part of the Premises Mortgaged Property made subsequent to this Mortgage without Lender's prior written consentor subordinated to the lien hereof; 19.4 (d) extend or modify any then existing Leases leases and make new Leases leases of all or any part of the PremisesMortgaged Property, which extensions, modifications, modifications and new Leases leases may provide for termsterms to expire, or for options to lessees to extend or renew termsterms to expire, to expire on dates beyond the maturity date of the loan evidenced by the Note Loan and the issuance of a deed or deeds to a purchaser or purchasers at a foreclosure sale, it being understood and agreed that any such Leasesleases, and the options or other such provisions to be contained therein, shall be binding upon Borrower, all persons whose interests in the Premises Mortgaged Property are subject to the lien hereof, hereof and the purchaser or purchasers at any foreclosure sale, notwithstanding any redemption from sale, reinstatement, discharge of the Indebtednessindebtedness secured hereby, satisfaction of any foreclosure decree, judgment or issuance of any certificate of sale or deed to any such purchaser;; and 19.5 (e) make all necessary or proper repairs, decoration decorations, renewals, replacements, alterations, additions, betterments and improvements in connection with the Premises Mortgaged Property as may seem judicious to Lender, to insure and reinsure the Mortgaged Property and all risks incidental to Lender's possession, operation, operation and management thereof, and to receive all rents, issues, deposits, profits and avails therefrom; and 19.6 apply the net income, after allowing a reasonable fee for the collection thereof and for the management of the Premises, to the payment of Taxes, Premiums and other charges applicable to the Premises, or in reduction of the Indebtedness in such order and manner as Lender shall select. Without limiting the generality of the foregoing, Lender shall have all power, authority and duties as provided in the Act. Nothing herein contained shall be construed as constituting Lender a as mortgagee in possession in the absence of the actual taking of possession of the Premises by LenderPremises.

Right of Possession. Upon In any case in which Mortgagee has a right to institute foreclosure proceedings (whether or not the occurrence entire principal sum secured hereby becomes immediately due and payable or whether before or after the institution of an Event foreclosure proceedings or whether before or after judgment thereunder and at all times until the expiration of Defaultany redemption period for the foreclosure of this Mortgage, ------------------- Borrower shall if any), Mortgagor shall, immediately upon Mortgagee's demand, surrender to Lender, forthwith upon demand of LenderMortgagee, and Lender Mortgagee shall be entitled to be placed in take actual possession of the Premises as provided in the ActProperty or any part thereof, and Lender, in personally or by its discretion and pursuant to court order, agent or attorneys. Mortgagee may enter upon and take and maintain possession or may apply to the court, and shall be entitled to receive, appointment of a receiver of all or any part of the PremisesProperty, together with all documents, books, records, papers papers, and accounts of Borrower Mortgagor or the then owner of the Premises and the owner of the leasehold interest in the Land Property relating thereto, and Mortgagor hereby consents to such appointment. To the extent permitted by law, Mortgagee may exclude BorrowerMortgagor, such owner, and any agents and servants thereof wholly therefrom and, on behalf from the Property. As attorney-in-fact or agent of Borrower Mortgagor or such owner, or in its own name as Lender and under the powers herein granted may: 19.1 name, Mortgagee may hold, operate, manage manage, and control all or any part of the Premises Property and conduct the business, if any, business thereof, either personally or by its agents, with . Mortgagee shall have full power to use such measures, legal or equitable, as Lender it may deem proper or necessary to collect and enforce the payment or security of the rents, issues, deposits, profits profits, and avails of the PremisesProperty, including, without limitation, to bring including actions for recovery of rent, actions in forcible detainer, and actions in distress for rent, all without notice to Borrower; 19.2 cancel or terminate any Lease or sublease of all or any part of the Premises for any cause or on any ground that would entitle Borrower or Lender to cancel the same; 19.3 elect to disaffirm and terminate any Lease or sublease of all or any part of the Premises made subsequent to this Mortgage without Lender's prior written consent; 19.4 extend or modify any then existing Leases and make new Leases of all or any part of the Premises, which extensions, modifications, and new Leases may provide for terms, or for options to extend or renew terms, to expire on dates beyond the maturity date of the loan evidenced by the Note and the issuance of a deed to a purchaser at a foreclosure sale, it being understood and agreed that any such Leases, and the options or other such provisions to be contained therein, shall be binding upon Borrower, all persons whose interests in the Premises are subject to the lien hereof, and the purchaser at any foreclosure sale, notwithstanding any redemption from sale, reinstatement, discharge of the Indebtedness, satisfaction of any foreclosure decree, or issuance of any certificate of sale or deed to any such purchaser; 19.5 make all necessary or proper repairs, decoration renewals, replacements, alterations, additions, betterments and improvements in connection with the Premises as may seem judicious to Lender, to insure and reinsure the Property and all risks incidental to Lender's possession, operation, and management thereof, and to receive all rents, issues, deposits, profits and avails therefrom; and 19.6 apply the net income, after allowing a reasonable fee for the collection thereof and for the management of the Premises, to the payment of Taxes, Premiums and other charges applicable to the Premises, or in reduction of the Indebtedness in such order and manner as Lender shall select. Without limiting the generality of the foregoing, Lender shall have all power, authority and duties as provided in the Act. Nothing herein contained shall be construed as constituting Lender a mortgagee in possession in the absence of the actual taking of possession of the Premises by LenderMortgagor.

Right of Possession. Upon the occurrence of When an Event of DefaultDefault has occurred and is continuing or when the Obligations shall otherwise become due, ------------------- Borrower shall surrender to Lenderwhether by maturity, acceleration or otherwise, Mortgagor shall, forthwith upon demand of LenderMortgagee, surrender to Mortgagee, and Lender Mortgagee shall be entitled to be take actual possession of, the Premises or any part thereof, personally, by its agent or attorneys or have a receiver placed in possession of the Premises as provided in the Act, and Lender, in its discretion and pursuant to court order, and Mortgagee, in its discretion, personally, by its agents or attorneys or the receiver, if any, may enter upon and take and maintain possession of all or any part of the Premises, together with all documents, books, records, papers papers, and accounts of Borrower or the then owner of the Premises and the owner of the leasehold interest in the Land relating theretoMortgagor, and may exclude Borrower, such ownerMortgagor, and any agents and servants thereof wholly therefrom andand may, on behalf of Borrower or such ownerMortgagor, or in its own name as Lender Mortgagee and under the powers herein granted maytake any and all actions in connection with the operation, maintenance, management and use of the Premises including, without limitation, to: 19.1 (a) hold, operate, manage manage, and control all or any part of the Premises and conduct the businessbusiness thereof, if any, thereof, either personally or by its agents, with full power to use such measures, legal or equitable, as Lender in its discretion may deem be deemed proper or necessary to collect and enforce the payment or security of the rentsReceipts, issues, deposits, profits and avails of the Premises, including, including without limitation, to bring limitation actions for recovery of rent, actions in forcible detainer, and actions in distress for rent, all without notice to BorrowerMortgagor; 19.2 (b) cancel or terminate any Lease or sublease of all or any part of the Premises for any cause or on any ground that would entitle Borrower or Lender Mortgagor to cancel the same; 19.3 (c) elect to disaffirm and terminate any Lease or sublease of all or any part of the Premises made subsequent to this Mortgage without Lender's prior written consentin violation of the terms of the Loan Agreement; 19.4 (d) extend or modify any then existing Leases and make new Leases of all or any part of the Premises, which extensions, modifications, and new Leases may provide for termsterms to expire, or for options to lessees to extend or renew termsterms to expire, to expire on dates beyond the maturity date of the loan evidenced by the Note and the issuance of a deed to a purchaser at a foreclosure saleMaturity Date, it being understood and agreed that any such Leases, and the options or other such provisions to be contained therein, shall be binding upon BorrowerMortgagor, all persons whose interests in the Premises are subject to the consolidated lien hereofof the Existing Mortgages, as amended and restated by this Mortgage, and the purchaser or purchasers at any foreclosure sale, notwithstanding any redemption from saleredemption, reinstatement, discharge of the IndebtednessObligations, satisfaction of any foreclosure decree, or issuance of any certificate of sale or deed to any such purchaser; 19.5 (e) make all necessary or proper repairs, decoration renewals, replacements, alterations, additions, betterments betterments, and improvements in connection with the Premises as may seem judicious to LenderMortgagee in its sole discretion, to insure and reinsure the Property Premises and all risks incidental to LenderMortgagee's possession, operation, and management thereof, and to receive all rentsReceipts; (f) cancel or modify any management agreement affecting the Premises; (g) cancel or modify or replace any agreement affecting the Premises with any Affiliate of Mortgagor; (h) enter into any management, issues, deposits, profits leasing or brokerage agreements covering the Premises in accordance with the terms of the Loan Agreement and avails therefromthe other Loan Documents; andor 19.6 apply the net income, (i) after allowing a reasonable fee for the collection thereof (including lease commissions and other compensation and expenses of seeking and procuring tenants and entering into Leases) and for the management of the Premises, apply the net income to the payment of Taxes, Premiums insurance premiums, costs of the matters described in clause (e) above, costs of operating and maintaining the Premises and other charges applicable to the Premises, or in reduction of the Indebtedness Obligations in such order and manner as Lender Mortgagee shall in its sole discretion select. Without limiting the generality of the foregoing, Lender shall have all power, authority and duties as provided in the Act. Nothing herein contained shall be construed as constituting Lender Mortgagee a mortgagee in possession "mortgagee-in-possession" in the absence of the actual taking of possession of the Premises Premises. Mortgagor shall and does hereby agree to indemnify and hold harmless Mortgagee of and from any and all liability, loss or damage which it may or might incur by Lenderreason of its performance of any action authorized under this Section 21 (other than liability, loss or damage caused by the gross negligence or willful misconduct of Mortgagee) and of and from any and all claims and demands whatsoever which may be asserted against it by reason of any alleged obligations or undertakings on its part to perform or discharge any of the terms, covenants or agreements of Mortgagor. Should Mortgagee incur any such liability, loss or damage by its performance or nonperformance of actions authorized by this Section 21, or in the defense of any such claims or demands, the amount thereof, including costs, expenses and attorneys' fees and disbursements, together with interest on any such amount at the Default Rate, shall be Obligations and Mortgagor shall reimburse Mortgagee therefor immediately upon demand.

Right of Possession. Upon the occurrence of When an Event of DefaultDefault has occurred and is continuing or when the Obligations shall otherwise become due, ------------------- Borrower shall surrender to LenderMortgagor shall, forthwith upon demand of LenderMortgagee, surrender to Mortgagee, and Lender Mortgagee shall be entitled to be take actual possession of, the Premises or any part thereof, personally, by its agent or attorneys or have a receiver placed in possession of the Premises as provided in the Act, and Lender, in its discretion and pursuant to court order, and Mortgagee, in its discretion, personally, by its agents or attorneys or the receiver, if any, may enter upon and take and maintain possession of all or any part of the Premises, together with all documents, books, records, papers papers, and accounts of Borrower or the then owner of the Premises and the owner of the leasehold interest in the Land relating theretoMortgagor, and may exclude Borrower, such ownerMortgagor, and any agents and servants thereof wholly therefrom andand may, on behalf of Borrower or such ownerMortgagor, or in its own name as Lender Mortgagee and under the powers herein granted maytake any and all actions in connection with the operation, maintenance, management and use of the Premises including, without limitation: 19.1 (a) hold, operate, manage manage, and control all or any part of the Premises and conduct the businessbusiness thereof, if any, thereof, either personally or by its agents, with full power to use such measures, legal or equitable, as Lender in its discretion may deem be deemed proper or necessary to collect and enforce the payment or security of the rentsReceipts, issues, deposits, profits and avails of the Premises, including, including without limitation, to bring limitation actions for recovery of rent, actions in forcible detainer, and actions in distress for rent, all without notice to BorrowerMortgagor; 19.2 (b) cancel or terminate any Lease or sublease of all or any part of the Premises for any cause or on any ground that would entitle Borrower or Lender Mortgagor to cancel the same; 19.3 (c) elect to disaffirm and terminate any Lease or sublease of all or any part of the Premises made subsequent to this Mortgage without Lender's prior written consentin violation of the terms of the Purchase Agreement; 19.4 (d) extend or modify any then existing Leases and make new Leases of all or any part of the Premises, which extensions, modifications, and new Leases may provide for termsterms to expire, or for options to lessees to extend or renew termsterms to expire, to expire on dates beyond the maturity date of the loan evidenced by the Note and the issuance of a deed to a purchaser at a foreclosure saleMaturity Date, it being understood and agreed that any such Leases, and the options or other such provisions to be contained therein, shall be binding upon BorrowerMortgagor, all persons Persons whose interests in the Premises are subject to the lien hereof, and the purchaser or purchasers at any foreclosure sale, notwithstanding any redemption from saleredemption, reinstatement, discharge of the IndebtednessObligations, satisfaction of any foreclosure decree, or issuance of any certificate of sale or deed to any such purchaser; 19.5 (e) make all necessary or proper repairs, decoration decoration, renewals, replacements, alterations, additions, betterments betterments, and improvements in connection with the Premises as may seem judicious to LenderMortgagee, to insure and reinsure the Property Premises and all risks incidental to LenderMortgagee's possession, operation, and management thereof, and to receive all rentsReceipts; (f) enter into any management, issues, deposits, profits leasing or brokerage agreements covering the Premises in accordance with the terms of the Purchase Agreement and avails therefromthe other Debt Documents; andand/or 19.6 apply the net income, (g) after allowing a reasonable fee for the collection thereof (including lease commissions and other compensation and expenses of seeking and procuring tenants and entering into Leases) and for the management of the Premises, apply the net income to the payment of Taxes, Premiums insurance premiums, costs described in clause (e) above, costs of operating and maintaining the Premises and other charges applicable to the Premises, or in reduction of the Indebtedness Obligations in such order and manner as Lender Mortgagee shall select. Without limiting the generality of the foregoing, Lender shall have all power, authority and duties as provided in the Act. Nothing herein contained shall be construed as constituting Lender Mortgagee a mortgagee in possession in the absence of the actual taking of possession of the Premises Premises. Mortgagor shall and does hereby agree to indemnify and hold harmless Mortgagee of and from any and all liability, actual loss or damage which it may or might incur by Lenderreason of its performance of any action authorized under this Section 18 (other than liability, loss or damage caused by the gross negligence or willful misconduct of Mortgagee or its employees, officers, representatives, contractors or agents, provided that the same are acting in their capacity as such) and of and from any and all claims and demands whatsoever which may be asserted against it by reason of any alleged obligations or undertakings on its part to perform or discharge any of the terms, covenants or agreements of Mortgagor. Should Mortgagee incur any such liability, actual loss or damage by its performance or nonperformance of actions authorized by this Section 18, or in the defense of any such claims or demands, the amount thereof, including reasonable costs, expenses and attorneys' fees shall be Obligations and Mortgagor shall reimburse Mortgagee therefor immediately upon demand.

Right of Possession. Upon the occurrence of an Event of DefaultDefault and to the extent permitted by law, ------------------- Borrower Mortgagee, at its option, shall surrender have the right, personally or by its agents or attorneys, to Lender, forthwith upon demand of Lender, and Lender shall be entitled to be placed in possession of the Premises as provided in the Act, and Lender, in its discretion and pursuant to court order, may enter upon and to take and maintain possession of all or any part portion of the Premises, together with Premises and to take and maintain possession of all documents, books, records, papers and accounts of Borrower Mortgagor or the then owner manager of the Premises and the owner of the leasehold interest in the Land relating thereto, thereto and may exclude BorrowerMortgagor, such ownerits agents or servants, and any agents and servants thereof wholly therefrom andand may, on behalf personally or by its agents or attorneys as agent of Borrower or such owner, Mortgagor or in its own name as Lender Mortgagee and under the powers herein granted may: 19.1 holdpossess, operate, manage and control all or any part of the Premises and conduct the business, if any, thereof, either personally or by its agents, any business thereon with full power to use collect all rents, issues and profits from the Premises, take such measuresaction, legal or equitable, as Lender may deem may, in its discretion, be necessary or desirable to collect and protect or enforce the payment of the rents, issues, deposits, issues and profits and avails of from the Premises, including, without limitation, to bring including instituting actions for recovery of rent, actions in forcible detainer, detainer and actions in distress for rent, all without notice to Borrower; 19.2 cancel or terminate any Lease tenancy, lease or sublease of all or any part of the Premises for any cause or on any ground that reason which would entitle Borrower or Lender Mortgagor to cancel the same; 19.3 such tenancy, lease or sublease, elect to disaffirm and terminate any Lease tenancy, lease or sublease of all or any part of the Premises made subsequent to this Mortgage without Lender's prior written consent; 19.4 or subordinated to the lien of this Mortgage, extend or modify any then existing Leases lease or tenancy and make new Leases of all or any part of the Premisesleases, which extensions, modifications, modifications and new Leases leases may provide for terms, terms or options for options to extend or renew terms, terms to expire on dates beyond the maturity date of the loan evidenced indebtedness secured by the Note and the issuance of a deed to a purchaser at a foreclosure salethis Mortgage, it being understood and agreed that any such Leases, leases and the options or and other such provisions to be contained therein, therein shall be binding upon BorrowerMortgagor, upon all persons whose interests in the Premises are subject to the lien hereof, of this Mortgage and the upon any purchaser or purchasers at any foreclosure sale, sale notwithstanding any redemption from sale, reinstatement, discharge of the Indebtednessindebtedness secured by this Mortgage, satisfaction of any foreclosure decree, decree or issuance of any certificate of sale or deed to any such purchaser; 19.5 purchaser or purchasers at any foreclosure sale, make all necessary or proper repairs, decoration decorations, renewals, replacements, alterations, additions, betterments additions and improvements in connection with to the Premises as Mortgagee may seem judicious to Lenderdeem necessary or desirable, to insure and reinsure the Property Premises and all risks incidental incident to Lender's the possession, operation, management and management thereof, and to receive all rents, issues, deposits, profits and avails therefrom; and 19.6 apply the net income, after allowing a reasonable fee for the collection thereof and for the management of the Premises, to the payment of Taxes, Premiums and other charges applicable to the Premises, or in reduction of the Indebtedness in such order and manner as Lender shall select. Without limiting the generality of the foregoing, Lender shall have all power, authority and duties as provided in the Act. Nothing herein contained shall be construed as constituting Lender a mortgagee in possession in the absence of the actual taking of possession control of the Premises by LenderMortgagee and take such other action for the possession, operation, management and control of the Premises as Mortgagee may deem necessary or appropriate.