Authority of Beneficiary. If Beneficiary is a banking corporation, state banking corporation or a national banking association and the instrument of appointment of any successor or replacement Trustee is executed on Beneficiary's behalf by an officer of such corporation, state banking corporation or national banking association, then such appointment may be executed by any authorized officer or agent of Beneficiary and such appointment shall be conclusively presumed to be executed with authority and shall be valid and sufficient without proof of any action by the board of directors or any superior officer of Beneficiary.
Authority of Beneficiary. 13 7.4 Effect of Appointment of Successor Trustee..................... 13 7.5 Confirmation of Transfer and Succession........................ 14 7.6 Exculpation.................................................... 14 7.7 Endorsement and Execution of Documents......................... 14 7.8
Authority of Beneficiary. Any tenants or occupants of any part of the Property are hereby authorized to recognize the claims of Beneficiary hereunder without investigating the reason for any action taken by Beneficiary, or the validity or the amount of indebtedness owing to Beneficiary, or the existence of any default in the Note or this Deed of Trust, or under or by reason of this assignment of Rents and Leases, or the application to be made by Beneficiary of any amounts to be paid to Beneficiary. The sole signature of Beneficiary shall be sufficient for the exercise of any rights under this assignment and the sole receipt of Beneficiary for any sums received shall be a full discharge and release therefor to any such tenant or occupant of the Property. Checks for all or any part of the rentals collected under this assignment of Rents and Leases shall be drawn to the exclusive order of Beneficiary.
Authority of Beneficiary. As Operating Tenant is not a maker of the Note, Operating Tenant hereby authorizes Beneficiary to perform any of the following acts at any time and from time to time, all without notice to Operating Tenant and without affecting Beneficiary’s rights or Operating Tenant’s obligations under this Deed of Trust: (i) alter any terms of the Loan Documents, including renewing, compromising, extending or accelerating, or otherwise changing the time for payment of, or increasing or decreasing the rate of interest under, the Note, (ii) take and hold security for the Loan Documents, accept additional or substituted security for the Loan Documents, and subordinate, exchange, enforce, waive, release, compromise, fail to perfect, sell or otherwise dispose of any such security, (iii) apply any security now or later held for the Loan Documents in any order that Beneficiary in its sole discretion may choose, and direct the order and manner of any sale of all or any part of it and bid at any such sale, (iv) release any obligor under the Note or any of the other Loan Documents, including without limitation Borrower (each an “Obligor”) of its liability under any Loan Document, and/or (v) substitute, add or release any one or more guarantors or endorsers of the Loan Documents.
Authority of Beneficiary. Without affecting the personal liability of any Person, including Grantor, for the payment of the Secured Obligations or the lien of this deed of trust on the remainder of the Property for the unpaid amount of the Secured Obligations, Trustee may perform any of the following acts when requested to do so by Beneficiary in writing: (a) consent to the making of any plat or map of the Property or any part of it; (b) join in granting any easement or creating any restriction affecting the Property; (c) join in any subordination or other agreement affecting this deed of trust or the lien of it; or (d) reconvey the Property or any part of it without any warranty.
Authority of Beneficiary. 21 4.5 EFFECT OF APPOINTMENT OF SUCCESSOR TRUSTEE.............................................................. 22 4.6 CONFIRMATION OF TRANSFER AND SUCCESSION................................................................. 22 4.7 EXCULPATION............................................................................................. 22 4.8 ENDORSEMENT AND EXECUTION OF DOCUMENTS.................................................................. 22 4.9
Authority of Beneficiary. The Grantor acknowledges that the rights and responsibilities of the Beneficiary under this Deed of Trust with respect to any action taken by the Beneficiary or the exercise or non-exercise by the Beneficiary of any right or remedy provided for herein or resulting or arising out of this Deed of Trust shall, as between the Beneficiary and the Lenders, be governed by the Credit Agreement, but, as between the Beneficiary and the Grantor, the Beneficiary shall be conclusively presumed to be acting with full and valid authority so to act or refrain from acting, and the Grantor shall be under no obligation or entitlement to make any inquiry respecting such authority.
Authority of Beneficiary. The Grantor acknowledges that the rights and responsibilities of the Beneficiary under this Deed of Trust with respect to any action taken by the Beneficiary or the exercise or non-exercise by the Beneficiary of any right or remedy provided for herein or resulting or arising out of this Deed of Trust shall, as between the Beneficiary and the Noteholder Secured Parties, be governed by the Indenture and the Intercreditor Agreement, but, as between the Beneficiary and the Grantor, the Beneficiary shall be conclusively presumed to be acting with full and valid authority so to act or refrain from acting, and the Grantor shall be under no obligation or entitlement to make any inquiry respecting such authority.
Authority of Beneficiary. 30 5.5 Effect of Appointment of Successor Trustee.. . . . . . . . . 30 5.6 Confirmation of Transfer and Succession. . . . . . . . . . . 30 5.7 Exculpation. . . . . . . . . . . . . . . . . . . . . . . . . 31 5.8 Endorsement and Execution of Documents.. . . . . . . . . . . 31 5.9
Authority of Beneficiary. The Grantor acknowledges that the rights and responsibilities of the Beneficiary under this Deed of Trust with respect to any action taken by the Beneficiary or the exercise or non-exercise by the Beneficiary of any request, judgment or other right or remedy provided for herein or resulting or arising out of this Deed of Trust shall, as between the Beneficiary and the Lenders, be governed by the Loan Documents and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Beneficiary and the Grantor, the Beneficiary shall be conclusively presumed to be acting as agent for the Secured Parties with full and valid authority so to act or refrain from acting, and the Grantor shall not be under any obligation, or entitlement to make any inquiry respecting such authority.
