Common use of ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE Clause in Contracts

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary and presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, of any person for payment of any indebtedness or DEED OF TRUST (NORTH CAROLINA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan Xx. 00-00000000/Xxxxx Xx. 000 performance of any Secured Obligation, Trustee may, without liability therefore and without notice: (a) reconvey all or any part of the Property; (b) consent to the making of any map or plat of the Property; (c) join in granting any easement on the Property; (d) join in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge of this Deed of Trust. Nothing contained in the immediately preceding sentence shall be construed to limit, impair or otherwise affect the rights of Trustor in any respect. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitation, actions in which Trustor, Beneficiary or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and expense.

Appears in 3 contracts

Samples: Leases and Security Agreement (Cole Credit Property Trust III, Inc.), Leases and Security Agreement (Cole Credit Property Trust III, Inc.), Leases and Security Agreement (Cole Credit Property Trust III, Inc.)

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ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary and presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or DEED OF TRUST (NORTH CAROLINA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan Xx. 00-00000000/Xxxxx Xx. 000 performance of any Secured Obligation, Trustee may, without liability therefore therefor and without notice: (a) reconvey all or any part of the Property; (b) consent to the making of any map or plat of the Property; (c) join in granting any easement on the Property; (d) join in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge of this Deed of Trust. Nothing contained in the immediately preceding sentence shall be construed to limit, impair or otherwise affect the rights of Trustor in any respect. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitation, actions in which Trustor, Beneficiary or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and expense.

Appears in 3 contracts

Samples: Leases and Security Agreement (Paladin Realty Income Properties Inc), Security Agreement (KBS Real Estate Investment Trust, Inc.), Security Agreement (Industrial Income Trust Inc.)

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary Agent and presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or DEED OF TRUST (NORTH CAROLINA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan Xx. 00-00000000/Xxxxx Xx. 000 performance of any Secured Obligation, Trustee may, without liability therefore therefor and without notice: (a) reconvey all or any part of the Property; (b) consent to the making of any map or plat of the Propertythereof; (c) join in granting any easement on the Propertythereon; (d) join in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge of this Deed of Trust. Nothing contained in the immediately preceding sentence shall be construed to limit, impair or otherwise affect the rights of Trustor in any respecthereof. Except as may otherwise be required by applicable law, Trustee or Beneficiary Agent may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary Agent may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitation, actions in which TrustorLessor, Beneficiary Agent or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and expense.

Appears in 3 contracts

Samples: Participation Agreement (Novellus Systems Inc), Lease Agreement (Kla Tencor Corp), Participation Agreement (Novellus Systems Inc)

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary and presentation of this Deed of Trust, Trust or a certified copy thereof, thereof for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or DEED OF TRUST (NORTH CAROLINA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan Xx. 00-00000000/Xxxxx Xx. 000 performance of any Secured Obligationobligations secured hereby, Trustee may, without liability therefore therefor and without notice: (ai) reconvey release all or any part of the PropertySubject Property from the lien of this Deed of Trust; (bii) consent to the making of any map or plat of the Propertythereof; and (ciii) join in granting any grant of easement on the Property; (d) join in thereon, any declaration of covenants and restrictions; , or (e) join in any extension agreement or any agreement subordinating the lien or charge of this Deed of Trust. Nothing contained in the immediately preceding sentence shall be construed to limit, impair or otherwise affect the rights of Trustor in any respect. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts trust hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts trust and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (proceeding, including, without limitation, actions in which Trustor, Beneficiary or Trustee shall be a party) party unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and or expense.

Appears in 3 contracts

Samples: Prudential Bache Equitec Real Estate Partnership, Prudential Bache Equitec Real Estate Partnership, Prudential Bache Equitec Real Estate Partnership

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary and presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or DEED OF TRUST (NORTH CAROLINA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan Xx. 00-00000000/Xxxxx Xx. 000 performance of any Secured Obligation, Trustee may, without liability therefore therefor and without notice: (a) reconvey all or any part of the Property; (b) consent to the making of any map or plat of the Property; (c) join in granting any easement on the Property; (d) join in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge of this Deed of Trust. Notwithstanding the foregoing, Beneficiary shall first obtain from Trustor, subject to no Default, their consent to subparagraphs (b), (c), and (d), and such consent shall not be unreasonably withheld. Nothing contained in the immediately preceding sentence sentences shall be construed to limit, impair or otherwise affect the rights of Trustor in any respect. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitation, actions in which Trustor, Beneficiary or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and expense.

Appears in 2 contracts

Samples: Leases and Security Agreement (Protein Design Labs Inc/De), Leases and Security Agreement (Protein Design Labs Inc/De)

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts this trust when this Deed of Trust is recordedexecuted. From time to time time, upon written request of Beneficiary and and, to the extent required by applicable law presentation of this Deed of Trust, or a certified copy thereof, Trust for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or DEED OF TRUST (NORTH CAROLINA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan Xx. 00-00000000/Xxxxx Xx. 000 performance of any of the Secured ObligationObligations, Beneficiary, or Trustee at Beneficiary's direction, may, without obligation to do so or liability therefore therefor and without notice: (a) reconvey all or any part of the PropertySubject Property from the lien of this Deed of Trust; (b) consent to the making of any map or plat of the Subject Property; and (c) join in granting any grant of easement on the Property; (d) join in any or declaration of covenants and restrictions; restrictions with respect to the Subject Property, or (e) join in any extension agreement or any agreement subordinating the lien or charge of this Deed of Trust. Nothing contained in the immediately preceding sentence shall be construed to limit, impair or otherwise affect the rights of Trustor in any respect. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the its rights and remedies available hereunderunder this Deed of Trust, and Trustee or Beneficiary may obtain orders or decrees directing or directing, confirming or approving acts in the execution of said trusts and the enforcement of said rights and remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitationbut not limited to, actions in which Trustor, Beneficiary or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder under this Deed of Trust unless the performance of the act is requested in writing and Trustee is reasonably indemnified against all losses, costs, liabilities and held harmless against loss, cost, liability and expenseexpenses in connection therewith.

Appears in 1 contract

Samples: Infonet Services Corp

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary and presentation presen- tation of this Deed of Trust, Trust or a 14 certified copy thereof, thereof for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or DEED OF TRUST (NORTH CAROLINA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan Xx. 00-00000000/Xxxxx Xx. 000 performance of any Secured Obligationobligations secured hereby, Trustee may, without liability therefore therefor and without notice: (ai) reconvey release all or any part of the PropertySubject Property from the lien of this Deed of Trust; (bii) consent to the making of any map or plat of the Propertythereof; and (ciii) join in granting any grant of easement on the Property; (d) join in thereon, any declaration of covenants and restrictions; , or (e) join in any extension agreement or any agreement subordinating the lien or charge of this Deed of Trust. Nothing contained in the immediately preceding sentence shall be construed to limit, impair or otherwise affect the rights of Trustor in any respect. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts trust hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts trust and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (proceeding, including, without limitation, actions in which TrustorGrantor, Beneficiary or Trustee shall be a party) party unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and or expense.

Appears in 1 contract

Samples: Prudential Bache Equitec Real Estate Partnership

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts this trust when this Deed of Trust is recordedexecuted. From time to time time, upon written request of Beneficiary and and, to the extent required by applicable law presentation of this Deed of Trust, or a certified copy thereof, Trust for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or DEED OF TRUST (NORTH CAROLINA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan Xx. 00-00000000/Xxxxx Xx. 000 performance of any of the Secured ObligationObligations, Beneficiary, or Trustee at Beneficiary's direction, may, without obligation to do so or liability therefore therefor and without notice: (a) reconvey all or any part of the PropertySubject Property from the lien of this Deed of Trust; (b) consent to the making of any map or plat of the Subject Property; and (c) join in granting any grant of easement on the Property; (d) join in thereon, any declaration of covenants and restrictions; or (e) join in , any extension agreement or any agreement subordinating the lien or charge of this Deed of Trust. Nothing contained in the immediately preceding sentence shall be construed to limit, impair or otherwise affect the rights of Trustor in any respect. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the rights and remedies available hereunderunder this Deed of Trust, and Trustee or Beneficiary may obtain orders or decrees directing or directing, confirming or approving acts in the execution of said trusts and the enforcement of said rights and remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitationbut not limited to, actions in which TrustorGrantor, Beneficiary or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder under this Deed of Trust unless the performance of the act is requested in writing and Trustee is reasonably indemnified against all losses, costs, liabilities and held harmless against loss, cost, liability and expenseexpenses in connection therewith.

Appears in 1 contract

Samples: Elmers Restaurants Inc

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary and presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, of any person for payment of any indebtedness or DEED OF TRUST (NORTH CAROLINA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan Xx. 00-00000000/Xxxxx Xx. 000 performance of any Secured Obligation, Trustee may, without liability therefore therefor and without notice: (a) reconvey all or any part of the Property; (b) consent to the making of any map or plat of the Propertythereof; (c) join in granting any easement on the Propertythereon; (d) join in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge of this Deed of Trust. Nothing contained in the immediately preceding sentence shall be construed to limit, impair or otherwise affect the rights of Trustor in any respecthereof. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitation, actions in which Trustor, Beneficiary or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and expense.

Appears in 1 contract

Samples: Westaff Inc

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary Lender and DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 00-00000000/Xxxxx Xx. 000 presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or DEED OF TRUST (NORTH CAROLINA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan Xx. 00-00000000/Xxxxx Xx. 000 performance of any Secured Obligation, Trustee may, without liability therefore therefor and without notice: (a) reconvey all or any part of the Property; (b) consent to the making of any map or plat of the Property; (c) join in granting any easement on the Property; (d) join in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge of this Deed of Trust. Nothing contained in the immediately preceding sentence shall be construed to limit, impair or otherwise affect the rights of Trustor Grantor in any respect. Except as may otherwise be required by applicable law, Trustee or Beneficiary Lender may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary Lender may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitation, actions in which TrustorGrantor, Beneficiary Lender or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and expense.

Appears in 1 contract

Samples: Leases and Security Agreement (Cole Credit Property Trust III, Inc.)

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts this trust when this Deed of Trust is recordedexecuted. From time to time time, upon written request of Beneficiary and and, to the extent required by applicable law, presentation of this Deed of Trust, or a certified copy thereof, Trust for endorsement, and without affecting the personal liability, if any, liability of any person Person for payment of any indebtedness Indebtedness or DEED OF TRUST (NORTH CAROLINA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan Xx. 00-00000000/Xxxxx Xx. 000 performance of any of the Secured ObligationObligations, Beneficiary, or Trustee at Beneficiary's direction, may, without obligation to do so or liability therefore therefor and without notice: (a) reconvey all or any part of the PropertySubject Property from the lien of this Deed of Trust; (b) consent to the making of any map or plat of the Subject Property; and (c) join in granting any grant of easement on the Property; (d) join in any or declaration of covenants and restrictions; restrictions with respect to the Subject Property, or (e) join in any extension agreement or any agreement subordinating the lien or charge of this Deed of Trust. Nothing contained in the immediately preceding sentence shall be construed to limit, impair or otherwise affect the rights of Trustor in any respect. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the its rights and remedies available hereunderunder this Deed of Trust, and Trustee or Beneficiary may obtain orders or decrees directing or directing, confirming or approving acts in the execution of said trusts and the enforcement of said rights and remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitationbut not limited to, actions in which Trustor, Beneficiary or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder under this Deed of Trust unless the performance of the act is requested in writing and Trustee is reasonably indemnified against all losses, costs, liabilities and held harmless against loss, cost, liability and expenseexpenses in connection therewith.

Appears in 1 contract

Samples: And Security Agreement (DT Acceptance Corp)

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts this trust when this Deed of Trust is recorded. From time to time upon reasonable written request of Beneficiary and presentation of this Deed of Trust, Trust or a certified copy thereof, thereof for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or DEED OF TRUST (NORTH CAROLINA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan Xx. 00-00000000/Xxxxx Xx. 000 performance of any Secured Obligationobligations secured hereby, Trustee may, without liability therefore thereof and without notice: (ai) reconvey all or any part of the Property; (bii) consent to the making of any map or plat of the Propertythereof; and (ciii) join in granting any grant of easement on the Property; (d) join in thereon, any declaration of covenants and restrictions; , or (e) join in any extension agreement or any agreement subordinating the lien or charge of this Deed of Trust. Nothing contained in the immediately preceding sentence shall be construed to limit, impair or otherwise affect the rights of Trustor in any respect. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts trust hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts trust and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (proceeding, including, without limitation, actions in which Trustor, Beneficiary or Trustee shall be a party) party unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and or expense.

Appears in 1 contract

Samples: Playboy Enterprises Inc

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. The Trustee accepts this trust and it shall be deemed delivered when this Deed of Trust is recordedexecuted. From time to time time, upon written request of Beneficiary and and, to the extent required by applicable law presentation of this Deed of Trust, or a certified copy thereof, Trust for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or DEED OF TRUST (NORTH CAROLINA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan Xx. 00-00000000/Xxxxx Xx. 000 performance of any Secured Obligationof the Indebtedness Hereby Secured, Beneficiary, or Trustee at Beneficiary’s direction, may, without obligation to do so or liability therefore therefor and without notice: (a) reconvey all or any part of the PropertyGranted Property from the lien of this Deed of Trust; (b) consent to the making of any map or plat of the Granted Property; and (c) join in granting any grant of easement on the Property; (d) join in any or declaration of covenants and restrictions; restrictions with respect to the Granted Property, or (e) join in any extension agreement or any agreement subordinating the lien or charge of this Deed of Trust. Nothing contained in the immediately preceding sentence shall be construed to limit, impair or otherwise affect the rights of Trustor in any respect. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the its rights and remedies available hereunderunder this Deed of Trust, and Trustee or Beneficiary may obtain orders or decrees directing or directing, confirming or approving acts in the execution of said trusts and the enforcement of said rights and remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitationbut not limited to, actions in which TrustorGrantor, Beneficiary or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and expense.of

Appears in 1 contract

Samples: Trust, Security Agreement (Kingsway Financial Services Inc)

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary Lender and DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan Xx. 00-00000000/Xxxxx Xx. 000 presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or DEED OF TRUST (NORTH CAROLINA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan Xx. 00-00000000/Xxxxx Xx. 000 performance of any Secured Obligation, Trustee may, without liability therefore therefor and without notice: (a) reconvey all or any part of the Property; (b) consent to the making of any map or plat of the Property; (c) join in granting any easement on the Property; (d) join in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge of this Deed of Trust. Nothing contained in the immediately preceding sentence shall be construed to limit, impair or otherwise affect the rights of Trustor Grantor in any respect. Except as may otherwise be required by applicable law, Trustee or Beneficiary Lender may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary Lender may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitation, actions in which TrustorGrantor, Beneficiary Lender or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and expense.

Appears in 1 contract

Samples: Leases and Security Agreement (Cole Credit Property Trust III, Inc.)

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ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary and presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or DEED OF TRUST (NORTH CAROLINA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan Xx. 00-00000000/Xxxxx Xx. 000 performance of any Secured Obligation, Trustee may, without liability therefore therefor and without notice: (a) reconvey all or any part of the Property; (b) consent to the making of any map or plat of the Property; (c) join in granting any easement on the Property; (d) join in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge of this Deed of Trust. Nothing contained in the immediately preceding sentence this Section 6.16 shall be construed to limit, impair or otherwise affect the rights of Trustor in any respect. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitation, actions in which Trustor, Beneficiary or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and expense.

Appears in 1 contract

Samples: Leases and Security Agreement (Inland Western Retail Real Estate Trust Inc)

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts this trust when this Deed of Trust is recorded. From time to time time, upon written request of Beneficiary and and, to the extent required by applicable law presentation of this Deed of Trust, or a certified copy thereof, Trust for endorsement, and without affecting the personal liability, if any, liability of any person Person for payment of any indebtedness or DEED OF TRUST (NORTH CAROLINA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan Xx. 00-00000000/Xxxxx Xx. 000 performance of any Secured Obligationof the Security Obligations, Beneficiary, or Trustee at Beneficiary’s direction, may, without obligation to do so or liability therefore therefor and without notice: (a) reconvey all or any part of the PropertySubject Property or the Collateral from the lien of this Deed of Trust; (b) consent to the making of any map or plat of the Subject Property; and (c) join in granting any grant of easement on the Property; (d) join in any or declaration of covenants and restrictions; restrictions with respect to the Subject Property, or (e) join in any extension agreement or any agreement subordinating the lien or charge of this Deed of Trust. Nothing contained in the immediately preceding sentence shall be construed to limit, impair or otherwise affect the rights of Trustor in any respect. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the its rights and remedies available hereunderunder this Deed of Trust, and Trustee or Beneficiary may obtain orders or decrees directing or directing, confirming or approving acts in the execution of said trusts and the enforcement of said rights and remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitationbut not limited to, actions in which TrustorBorrower, Beneficiary or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder under this Deed of Trust unless the performance of the act is requested in writing and Trustee is reasonably indemnified against all losses, costs, liabilities and held harmless against loss, cost, liability and expenseexpenses in connection therewith.

Appears in 1 contract

Samples: ALST Casino Holdco, LLC

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary Xxxxxx and DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113748/Store No. 568 presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or DEED OF TRUST (NORTH CAROLINA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan Xx. 00-00000000/Xxxxx Xx. 000 performance of any Secured Obligation, Trustee may, without liability therefore therefor and without notice: (a) reconvey all or any part of the Property; (b) consent to the making of any map or plat of the Property; (c) join in granting any easement on the Property; (d) join in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge of this Deed of Trust. Nothing contained in the immediately preceding sentence shall be construed to limit, impair or otherwise affect the rights of Trustor Grantor in any respect. Except as may otherwise be required by applicable law, Trustee or Beneficiary Lender may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary Xxxxxx may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitation, actions in which TrustorGrantor, Beneficiary Lender or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and expense.

Appears in 1 contract

Samples: Leases and Security Agreement (Cole Credit Property Trust III, Inc.)

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary Xxxxxx and DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or DEED OF TRUST (NORTH CAROLINA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan Xx. 00-00000000/Xxxxx Xx. 000 performance of any Secured Obligation, Trustee may, without liability therefore therefor and without notice: (a) reconvey all or any part of the Property; (b) consent to the making of any map or plat of the Property; (c) join in granting any easement on the Property; (d) join in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge of this Deed of Trust. Nothing contained in the immediately preceding sentence shall be construed to limit, impair or otherwise affect the rights of Trustor Grantor in any respect. Except as may otherwise be required by applicable law, Trustee or Beneficiary Lender may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary Xxxxxx may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitation, actions in which TrustorGrantor, Beneficiary Lender or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and expense.

Appears in 1 contract

Samples: Leases and Security Agreement (Cole Credit Property Trust III, Inc.)

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts this trust when this Deed of Trust is recordedexecuted. From time to time time, upon written request of Beneficiary and and, to the extent required by applicable law, presentation of this Deed of Trust, or a certified copy thereof, Trust for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or DEED OF TRUST (NORTH CAROLINA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan Xx. 00-00000000/Xxxxx Xx. 000 performance of any of the Secured ObligationObligations, Beneficiary, or Trustee at Beneficiary’s direction, may, without obligation to do so or liability therefore therefor and without notice: (a) reconvey all or any part of the PropertySubject Property from the lien of this Deed of Trust; (b) consent to the making of any map or plat of the Subject Property; and (c) join in granting any grant of easement on the Property; (d) join in any or declaration of covenants and restrictions; restrictions with respect to the Subject Property, or (e) join in any extension agreement or any agreement subordinating the lien or charge of this Deed of Trust. Nothing contained in the immediately preceding sentence shall be construed to limit, impair or otherwise affect the rights of Trustor in any respect. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the its rights and remedies available hereunderunder this Deed of Trust, and Trustee or Beneficiary may obtain orders or decrees directing or directing, confirming or approving acts in the execution of said trusts and the enforcement of said rights and remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitationbut not limited to, actions in which Trustor, Beneficiary or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder under this Deed of Trust unless the performance of the act is requested in writing and Trustee is reasonably indemnified against all losses, costs, liabilities and held harmless against loss, cost, liability and expenseexpenses in connection therewith.

Appears in 1 contract

Samples: Credit and Security Agreement (HC2 Holdings, Inc.)

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary and presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or DEED OF TRUST (NORTH CAROLINA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan Xx. 00-00000000/Xxxxx Xx. 000 performance of any Secured Obligation, Beneficiary, or Trustee at the direction of Beneficiary, may, without liability therefore therefor and without notice: (a) reconvey all or any part of the Property; (b) consent to the making of any map or plat of the Property; (c) join with Trustor in granting any easement on the Property; (d) join with Trustor in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge of this Deed of Trust. Nothing contained in the immediately preceding sentence shall be construed to limit, impair or otherwise affect the rights of Trustor in any respect. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitation, actions in which Trustor, Beneficiary or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and expense.

Appears in 1 contract

Samples: Leases and Security Agreement (Manufactured Home Communities Inc)

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary Agent and presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or DEED OF TRUST (NORTH CAROLINA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan Xx. 00-00000000/Xxxxx Xx. 000 performance of any Secured Obligation, Trustee may, without liability therefore therefor and without notice: (a) reconvey all or any part of the Property; (b) consent to the making of any map or plat of the Propertythereof; (c) join in granting any easement on the Propertythereon; (d) join in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge of this Deed of Trust. Nothing contained in the immediately preceding sentence shall be construed to limit, impair or otherwise affect the rights of Trustor in any respecthereof. Except as may otherwise be required by applicable law, Trustee or Beneficiary Agent may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary Agent may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitation, actions in which TrustorLessor, Beneficiary Agent or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and expense.it

Appears in 1 contract

Samples: Lease Agreement (Kla Tencor Corp)

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary and presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or DEED OF TRUST (NORTH CAROLINA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan Xx. 00-00000000/Xxxxx Xx. 000 performance of any Secured Obligation, Trustee may, without liability therefore therefor and without notice: (a) reconvey all or any part of the Property; (b) consent to the making of any map or plat of the Property; (c) join with Trustor in granting any easement on the Property; (d) join with Trustor in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge of this Deed of Trust. Nothing contained in the immediately preceding sentence shall be construed to limit, impair or otherwise affect the rights of Trustor in any respect. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitation, actions in which Trustor, Beneficiary or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and expense.

Appears in 1 contract

Samples: Leases and Security Agreement (Manufactured Home Communities Inc)

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts this trust when this Deed of Trust is recorded. From time to time upon reasonable written request of Beneficiary Agent and presentation of this Deed of Trust, Trust or a certified copy thereof, thereof for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or DEED OF TRUST (NORTH CAROLINA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan Xx. 00-00000000/Xxxxx Xx. 000 performance of any Secured Obligationobligations secured hereby, Trustee may, without liability therefore thereof and without notice: (ai) reconvey all or any part of the Property; (bii) consent to the making of any map or plat of the Propertythereof; and (ciii) join in granting any grant of easement on the Property; (d) join in thereon, any declaration of covenants and restrictions; , or (e) join in any extension agreement or any agreement subordinating the lien or charge of this Deed of Trust. Nothing contained in the immediately preceding sentence shall be construed to limit, impair or otherwise affect the rights of Trustor in any respect. Except as may otherwise be required by applicable law, Trustee or Beneficiary Agent may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts trust hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts trust and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (proceeding, including, without limitation, actions in which Trustor, Beneficiary Agent or Trustee shall be a party) party unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and or expense.

Appears in 1 contract

Samples: Playboy Enterprises Inc

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