Common use of Right to Make Repairs, Improvements Clause in Contracts

Right to Make Repairs, Improvements. Should any part of the Property come into the possession of Mortgagee, whether before or after an Event of Default, Mortgagee may use, operate, and/or make repairs, alterations, additions and improvements to the Property for the purpose of preserving it or its value. Mortgagor covenants to promptly reimburse and pay to Mortgagee, at the place where the Note is payable, or at such other place as may be designated by Mortgagee in writing, the amount of all reasonable expenses (including the cost of any insurance, taxes, or other charges) incurred by Mortgagee in connection with its custody, preservation, use or operation of the Property, together with interest thereon from the date incurred by Mortgagee at the Default Rate, and all such expenses, costs, taxes, interest, and other charges shall be a part of the Secured Obligations. It is agreed, however, that the risk of accidental loss or damage to the Property is undertaken by Mortgagor and Mortgagee shall have no liability whatsoever for decline in value of the Property, for failure to obtain or maintain insurance, or for failure to determine whether any insurance ever in force is adequate as to amount or as to the risks insured.

Appears in 2 contracts

Sources: Mortgage Deed, Security Agreement, Fixture Filing, Financing Statement and Assignment of Leases and Rents (Griffin Land & Nurseries Inc), Mortgage Deed (Griffin Land & Nurseries Inc)

Right to Make Repairs, Improvements. Should any part of the Property come into the possession of MortgageeGrantee, whether before or after an Event of Default, Mortgagee may Grantee may, but shall not be obligated to, use, operate, and/or make repairs, alterations, additions and improvements to the Property for the purpose of preserving it or its value. Mortgagor Grantor covenants to promptly reimburse and pay to MortgageeGrantee, at the place where the Note is payable, or at such other place as may be designated by Mortgagee Grantee in writing, the amount of all reasonable expenses (including the cost of any insurance, taxes, or other charges) incurred by Mortgagee Grantee in connection with its custody, preservation, use or operation of the Property, together with interest thereon from the date incurred by Mortgagee Grantee at the Default Rate, and all such expenses, costs, taxes, interest, and other charges shall be a part of the Secured Obligations. It is agreed, however, that the risk of accidental loss or damage to the Property is undertaken by Mortgagor Grantor and Mortgagee Grantee shall have no liability whatsoever for decline in value of the Property, for failure to obtain or maintain insurance, or for failure to determine whether any insurance ever in force is adequate as to amount or as to the risks insured.

Appears in 2 contracts

Sources: Deed to Secure Debt, Security Agreement and Assignment of Leases and Rents (KBS Real Estate Investment Trust, Inc.), Deed to Secure Debt, Security Agreement and Assignment of Leases and Rents (KBS Real Estate Investment Trust, Inc.)

Right to Make Repairs, Improvements. Should any part of the Property come into the possession of Mortgagee, whether before or Mortgagee after an Event of Default, Mortgagee may may, but shall not be obligated to, use, operate, and/or make repairs, alterations, additions and improvements to the Property for the purpose of preserving it or its value. Mortgagor covenants to promptly reimburse and pay to Mortgagee, at the place where the Note is payable, or at such other place as may be designated by Mortgagee in writing, the amount of all reasonable expenses (including the cost of any insurance, taxes, or other charges) incurred by Mortgagee in connection with its custody, preservation, use or operation of the Property, together with interest thereon from the date incurred by Mortgagee at the Default Rate, and all such expenses, costs, taxes, interest, and other charges shall be a part of the Secured Obligations. It is agreed, however, that the risk of accidental loss or damage to the Property is undertaken by Mortgagor ▇▇▇▇▇▇▇▇▇ and Mortgagee shall have no liability whatsoever for decline in value of the Property, for failure to obtain or maintain insurance, or for failure to determine whether any insurance ever in force is adequate as to amount or as to the risks insured.

Appears in 1 contract

Sources: Mortgage, Security Agreement, Fixture Filing, Financing Statement and Assignment of Leases and Rents (Sonesta International Hotels Corp)

Right to Make Repairs, Improvements. Should any part of the Property come into the possession of MortgageeBeneficiary, whether before or after an Event of Default, Mortgagee Beneficiary may use, operate, operate and/or make repairs, alterations, additions and improvements to the Property for the purpose of preserving it or its value. Mortgagor Grantor covenants to promptly reimburse and pay to Mortgagee, Beneficiary at the place where the Note is payable, or at such other place as may be designated by Mortgagee Beneficiary in writing, the amount of all reasonable expenses (including the cost of any insurance, taxes, or other charges) incurred by Mortgagee Beneficiary in connection with its custody, preservation, use or operation of the Property, together with interest thereon from the date incurred by Mortgagee Beneficiary at the Default Rate, and all such expenses, costs, taxes, interest, and other charges shall be a part of the Secured ObligationsIndebtedness. It is agreed, however, that the risk of accidental loss or damage to the Property is undertaken by Mortgagor and Mortgagee Grantor and, except for Beneficiary’s willful misconduct or gross negligence, Beneficiary shall have no liability whatsoever for decline in value of the Property, for failure to obtain or maintain insurance, ; or for failure to determine whether any insurance ever in force is adequate as to amount or as to the risks insured.

Appears in 1 contract

Sources: Deed of Trust (Behringer Harvard Opportunity REIT II, Inc.)