Common use of Beneficiary's Right to Perform Clause in Contracts

Beneficiary's Right to Perform. If Grantor fails to perform any of the covenants or agreements of Grantor under this Deed of Trust, within the applicable grace period, if any, provided for in the Credit Agreement, Beneficiary, without waiving or releasing Grantor from any obligation or default under this Deed of Trust, may, at any time upon 10 days’ written notice to Grantor (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due from Grantor to Beneficiary and the same shall be secured by this Deed of Trust and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, or claim upon the Mortgaged Property attaching subsequent to the lien of this Deed of Trust. No payment or advance of money by Beneficiary under this Section shall be deemed or construed to cure Grantor’s default or waive any right or remedy of Beneficiary.

Beneficiary's Right to Perform. If Grantor fails to perform any of the covenants or agreements of Grantor under this Deed Grantor(other than with respect to the failure to maintain insurance as required hereunder, in which case Beneficiary can immediately perform), and such failure constitutes an Event of Trust, within the applicable grace period, if any, provided for in the Credit Agreement, BeneficiaryDefault, without waiving or releasing Grantor from any obligation or default under this Deed of Trust, Beneficiary may, at any time upon 10 days’ written notice to Grantor (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the Default Raterate provided for in the Credit Agreement, shall immediately immediately, upon notice to Grantor, be due from Grantor to Beneficiary and the same shall be secured by this Deed of Trust and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, in or claim upon the Mortgaged Property attaching subsequent to the lien of this Deed of Trust. No payment or advance of money by Beneficiary under this Section 12 shall be deemed or construed to cure Grantor’s 's default or waive any right or remedy of Beneficiary.

Beneficiary's Right to Perform. If Grantor fails to perform any of the covenants or agreements of Grantor under this Deed of TrustGrantor, within the applicable grace period, if any, provided for in the Credit Agreement, BeneficiaryBeneficiary or Trustee, without waiving or releasing Grantor from any obligation or default under this Deed of Trust, may, at any time upon 10 days’ written notice to Grantor after the occurrence and during the continuance of an Event of Default (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due from Grantor to Beneficiary or Trustee (as the case may be) and the same shall be secured by this Deed of Trust and shall be a lien an encumbrance on the Mortgaged Trust Property prior to any right, title to, interest in, in or claim upon the Mortgaged Trust Property attaching subsequent to the lien date of this Deed of Trust. No payment or advance of money by Beneficiary or Trustee under this Section shall be deemed or construed to cure Grantor’s default or waive any right or remedy of BeneficiaryBeneficiary or Trustee.

Beneficiary's Right to Perform. If Grantor fails to perform any of the covenants or agreements of Grantor under this Deed (other than with respect to the failure to maintain insurance as required hereunder, in which case Beneficiary can immediately perform), and such failure constitutes an Event of Trust, within the applicable grace period, if any, provided for in the Credit Agreement, BeneficiaryDefault, without waiving or releasing Grantor from any obligation or default under this Deed of Trust, Beneficiary or Trustee may, at any time upon 10 days’ written notice to Grantor thne (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the Default Raterate provided for in Section 2.08 of the Credit Agreement, shall immediately be due from Grantor to Beneficiary and the same shall be secured by this Deed of Trust and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, in or claim upon the Mortgaged Property attaching subsequent to the lien of this Deed of Trust. No payment or advance of money by Beneficiary under this Section 12 shall be deemed or construed to cure Grantor’s default or waive any right or remedy of Beneficiary.

Beneficiary's Right to Perform. If Grantor fails to perform any of the covenants or agreements of Grantor under this Deed of TrustGrantor, within the applicable grace period, if any, provided for in the Credit Agreement, BeneficiaryBeneficiary or Trustee, without waiving or releasing Grantor from any obligation or default under this Deed of Trust, may, at any time upon 10 days’ delivery of written notice to Grantor (but shall be under no obligation to) pay or perform the same, and the reasonable amount or cost thereof, with interest at the Default Rate, shall immediately be due on demand from Grantor to Beneficiary and the same shall be secured by this Deed of Trust and shall be a lien on the Mortgaged Trust Property prior to any right, title to, interest in, or claim upon the Mortgaged Trust Property attaching subsequent to the lien of this Deed of Trust. No payment or advance of money by Beneficiary or Trustee under this Section shall be deemed or construed to cure Grantor’s default or waive any right or remedy of BeneficiaryBeneficiary or Trustee.

Beneficiary's Right to Perform. If Grantor fails to perform any of the covenants or agreements of Grantor under this Deed of TrustGrantor, within the applicable grace period, if any, provided for in the Credit Agreementthis Deed of Trust, Beneficiary, or Trustee, without waiving or releasing Grantor from any obligation or default under this Deed of Trust, may, to the extent permitted under the terms of the Trust Lease, at any time upon 10 5 days’ written notice to Grantor (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due from Grantor to Beneficiary or Trustee (as the case may be) and the same shall be secured by this Deed of Trust and shall be a lien on the Mortgaged Trust Property prior to any right, title to, interest in, or claim upon the Mortgaged Trust Property attaching subsequent to the lien of this Deed of Trust. No payment or advance of money by Beneficiary or Trustee under this Section shall be deemed or construed to cure Grantor’s default or waive any right or remedy of BeneficiaryBeneficiary or Trustee.

Beneficiary's Right to Perform. If Grantor fails to perform any of the covenants or agreements of Grantor under this Deed of TrustGrantor, within the applicable grace period, if any, provided for in the Credit Agreement or the Guarantee and Collateral Agreement, BeneficiaryBeneficiary or Trustee, without waiving or releasing Grantor from any obligation or default under this Deed of TrustTrust , may, at any time upon 10 5 days’ written notice to Grantor (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due from Grantor to Beneficiary or Trustee and the same shall be secured by this Deed of Trust and shall be a lien on the Mortgaged Trust Property prior to any right, title to, interest in, or claim upon the Mortgaged Trust Property attaching subsequent to the lien of this Deed of Trust. No payment or advance of money by Beneficiary or Trustee under this Section shall be deemed or construed to cure Grantor’s default or waive any right or remedy of BeneficiaryBeneficiary or Trustee.