Taking of Possession. Mortgagee, by itself or by such officers or agents as it may appoint, may enter and take exclusive possession of all or any part of the Mortgaged Property, including all books, papers and accounts of Mortgagor relating to the business of Mortgagor conducted at such Mortgaged Property, and may expel, remove and exclude Mortgagor, its agents and employees and any persons, goods and chattels occupying the Mortgaged Property. If ▇▇▇▇▇▇▇▇▇ for any reason fails to surrender or deliver the Mortgaged Property or any part thereof after such demand by Mortgagee, Mortgagee may obtain a judgment or decree conferring on Mortgagee the right to immediate possession or requiring the delivery to Mortgagee of the Mortgaged Property, and ▇▇▇▇▇▇▇▇▇ specifically consents to the entry of such judgment or decree. Upon every such taking of possession, Mortgagee may (i) hold, store, use, operate, manage and control the Mortgaged Property and conduct the business of Mortgagor thereon, (ii) perform all necessary and proper maintenance and make all necessary and proper repairs, renewals, replacements, additions, betterment and improvements thereto and thereon and purchase or otherwise acquire additional fixtures, personalty and other Property, (iii) keep the Mortgaged Property insured, (iv) manage and operate the Mortgaged Property and exercise all of the rights and powers of Mortgagor to the same extent as Mortgagor could in its own name, (v) enter into any agreements with respect to the exercise by others of any of the powers granted to Mortgagee herein, in such manner as Mortgagee shall elect, (vi) collect and receive all of the Rents, including those past due as well as those accruing after the occurrence of any such Event of Default and (vii) after deducting (A) all expenses of taking, holding, holding, managing and operating the Mortgaged Property (including compensation for the services of all Persons employed for such purposes), (B) the cost of all such maintenance, repairs, renewals, replacements, additions, betterments, improvements and purchases and acquisitions, (C) the cost of such insurance, (D) such taxes, assessments and other similar charges as Mortgagee may determine to pay, (E) other proper charges upon the Mortgaged Property or any part thereof and (F) the compensation, expenses and disbursements of the attorneys and agents of Mortgagee, apply the remainder of the monies and proceeds so received by Mortgagee as described in Section 11.8 hereof.
Appears in 1 contract
Sources: Deed to Secure Debt, Assignment of Leases and Security Agreement (General Housing Inc)
Taking of Possession. Mortgagee, by itself or by such officers -------------------- or agents as it may appoint, may enter and take exclusive possession of all or any part of the Mortgaged Property, including all books, papers and accounts of Mortgagor relating to the business of Mortgagor conducted at such Mortgaged Property, and may expel, remove and exclude Mortgagor, its agents and employees and any persons, goods and chattels occupying the Mortgaged Property. If ▇▇▇▇▇▇▇▇▇ Mortgagor for any reason fails to surrender or deliver the Mortgaged Property or any part thereof after such demand by Mortgagee, Mortgagee may obtain a judgment or decree conferring on Mortgagee the right to immediate possession or requiring the delivery to Mortgagee of the Mortgaged Property, and ▇▇▇▇▇▇▇▇▇ Mortgagor specifically consents to the entry of such judgment or decree. Upon every such taking of possession, Mortgagee may (i) hold, store, use, operate, manage and control the Mortgaged Property and conduct the business of Mortgagor thereon, (ii) perform all necessary and proper maintenance and make all necessary and proper repairs, renewals, replacements, additions, betterment betterments and improvements thereto and thereon and purchase or otherwise acquire additional fixtures, personalty and other Property, (iii) keep the Mortgaged Property insured, (iv) manage and operate the Mortgaged Property and exercise all of the rights and powers of Mortgagor to the same extent as Mortgagor could in its own name, (v) enter into any agreements with respect to the exercise by others of any of the powers granted to Mortgagee herein, in such manner as Mortgagee shall elect, (vi) collect and receive all of the Rents, including those past due as well as those accruing after the occurrence of any such Event of Default and (vii) after deducting (A) all expenses of taking, holding, holding, managing and operating the Mortgaged Property (including compensation for the services of all Persons employed for such purposes), (B) the cost of all such maintenance, repairs, renewals, replacements, additions, betterments, improvements and purchases and acquisitions, (C) the cost of such insurance, (D) such taxes, assessments and other similar charges as Mortgagee may determine to pay, (E) other proper charges upon the Mortgaged Property or any part thereof and (F) the compensation, expenses and disbursements of the attorneys and agents of Mortgagee, apply the remainder of the monies and proceeds so received by Mortgagee as described in Section 11.8 hereof.Property
Appears in 1 contract
Sources: Mortgage, Assignment of Leases and Rents and Security Agreement (Mikohn Gaming Corp)
Taking of Possession. MortgageeBeneficiary, by itself or by such -------------------- officers or agents as it may appoint, may enter and take exclusive possession of all or any part of the Mortgaged Trust Property, including all books, papers and accounts of Mortgagor Trustor relating to the business of Mortgagor Trustor conducted at such Mortgaged Trust Property, and may expel, remove and exclude MortgagorTrustor, its agents and employees and any persons, goods and chattels occupying the Mortgaged Trust Property. If ▇▇▇▇▇▇▇▇▇ Trustor for any reason fails to surrender or deliver the Mortgaged Trust Property or any part thereof after such demand by MortgageeBeneficiary, Mortgagee Beneficiary may obtain a judgment or decree conferring on Mortgagee Beneficiary the right to immediate possession or requiring the delivery to Mortgagee Beneficiary of the Mortgaged Trust Property, and ▇▇▇▇▇▇▇▇▇ Trustor specifically consents to the entry of such judgment or decree. Upon every such taking of possession, Mortgagee Beneficiary may (i) hold, store, use, operate, manage and control the Mortgaged Trust Property and conduct the business of Mortgagor Trustor thereon, (ii) perform all necessary and proper maintenance and make all necessary and proper repairs, renewals, replacements, additions, betterment betterments and improvements thereto and thereon and purchase or otherwise acquire additional fixtures, personalty and other Property, (iii) keep the Mortgaged Trust Property insured, (iv) manage and operate the Mortgaged Trust Property and exercise all of the rights and powers of Mortgagor Trustor to the same extent as Mortgagor Trustor could in its own name, (v) enter into any agreements with respect to the exercise by others of any of the powers granted to Mortgagee Beneficiary herein, in such manner as Mortgagee Beneficiary shall elect, (vi) collect and receive all of the Rents, including those past due as well as those accruing after the occurrence of any such Event of Default and (vii) after deducting (A) all expenses of taking, holding, holding, managing and operating the Mortgaged Trust Property (including compensation for the services of all Persons employed for such purposes), (B) the cost of all such maintenance, repairs, renewals, replacements, additions, betterments, improvements and purchases and acquisitions, (C) the cost of such insurance, (D) such taxes, assessments and other similar charges as Mortgagee Beneficiary may determine to pay, (E) other proper charges upon the Mortgaged Trust Property or any part thereof and (F) the compensation, expenses and disbursements of the attorneys and agents of Mortgagee, apply the remainder of the monies and proceeds so received by Mortgagee as described in Section 11.8 hereof.attorneys
Appears in 1 contract
Sources: Deed of Trust, Assignment of Leases and Rents, and Security Agreement (Mikohn Gaming Corp)