Certain Rights of Beneficiary. 3.01 Should an Event of Default have occurred and be continuing, then Beneficiary may, after notice to and demand upon Trustor, without releasing Trustor from any such Event of Default and without waiving Beneficiary's right to declare an Event of Default or impairing any declaration of such Event of Default or election to cause Trustor's right, title and interest in and to the Series A Wind Park Agreements to be sold or any sale proceeding predicated thereon:
(a) Make or do the same in such manner and to such extent as Beneficiary may deem reasonably necessary to protect the security of this Deed of Trust, Beneficiary being authorized to use, enter upon and take possession of Trustor's right, title and interest in and to the Series A Wind Park Agreements for such purpose consistent with the conditions of Paragraph 5.02; and
(b) Commence, appear in and/or defend any action or proceeding purporting to affect the security of this Deed of Trust, the interests, rights, powers and/or duties of Beneficiary under this Deed of Trust, whether brought by or against Trustor or Beneficiary. Beneficiary shall not be under any obligation to make any of the payments or do any of the acts referred to in this Paragraph 3.01.
Certain Rights of Beneficiary. Without affecting Grantor's liability for the payment of any of the Debt, Beneficiary may from time to time and without notice to Grantor:
(a) release any person liable for the payment of the Debt; (b) extend or modify the terms of payment of the Debt; (c) accept additional real or personal property of any kind as security or alter, substitute or release any property securing the Debt; (d) recover any part of the Trust Property; (e) consent in writing to the making of any subdivision map or plat thereof; (f) join in granting any easement therein; or (g) join in any extension agreement of this Deed of Trust or any agreement subordinating the lien hereof.
Certain Rights of Beneficiary. Without affecting Grantor's liability for the payment of any of the indebtedness secured hereby, Beneficiary may from time to time and without notice to Grantor:
(a) release any person liable for the payment of the indebtedness secured hereby; (b) extend or modify the terms of payment of the indebtedness secured hereby; (c) accept additional real or personal property of any kind as security or alter, substitute or release any property securing the indebtedness secured hereby; (d) recover any part of the Property; (e) consent in writing to the making of any subdivision map or plat thereof; (f) join in granting any easement therein; or (g) join in any extension agreement of this Deed of Trust or any agreement subordinating the lien hereof.
Certain Rights of Beneficiary. Without affecting Trustor's liability for the payment of any of the obligations secured by this Deed of Trust, Beneficiary may from time to time and without notice to Trustor (a) release any person liable for the payment of the Indebtedness secured hereby; (b) extend or modify the terms of payment of said Indebtedness; or (c) accept additional real or personal property of any kind as security or later, substitute or release any property securing said Indebtedness.
Certain Rights of Beneficiary. For purposes of this Deed of Trust, the Holders holding at least 66.67% of the aggregate principal amount of the Notes at any one time outstanding shall be referred to collectively as the “Required Holders.” If Beneficiary shall request instructions from the Required Holders with respect to any act or action (including failure to act) in connection with this Deed of Trust, the Note Purchase Agreement or any other Financing Documents, Beneficiary shall be entitled to refrain from such act or taking such action unless and until it shall have received instructions from the Required Holders, and to the extent requested, appropriate indemnification in respect of actions to be taken; and Beneficiary shall not incur liability to any Person (as defined in the Note Purchase Agreement) by reason of so refraining. Without limiting the foregoing, no Holder shall have any right of action whatsoever against the Beneficiary as a result of Beneficiary acting or refraining from acting hereunder in accordance with the instructions of the Required Holders.
Certain Rights of Beneficiary. 62 4.4 Waiver of Certain Defenses.............................................................................62 4.5 Notices................................................................................................62 4.6 Successors and Assigns; Joint and Several Liability....................................................63 4.7 Severability...........................................................................................63 4.8 Gender.................................................................................................63 4.9 Xxxxxx; Discontinuance of Proceedings..................................................................63
Certain Rights of Beneficiary. Without affecting Grantor’s liability for the payment of any of the indebtedness secured hereby, Beneficiary may from time to time and without notice to Grantor: (a) release any person liable for the payment of the indebtedness secured hereby; (b) extend or modify the terms of payment of the indebtedness secured hereby so long as such extension or modification does not materially increase any obligation of Grantor under the Note or any other Loan Document; (c) accept additional real or personal property of any kind as security or alter, substitute or release any property securing the indebtedness secured hereby; (d) recover any part of the Property subdivision map or plat thereof; (f) join in drafting the lien; or (g) join in any extension of this Deed of Trust or any agreement subordinating the lien hereof.
Certain Rights of Beneficiary. 44 70. .................................................................. 44 71. .................................................................. 45 72. .................................................................. 45 PART II - .............................................................. 45 SCHEDULE A ............................................................ 49 INDEX OF DEFINED TERMS Architect....................................................................8
Certain Rights of Beneficiary. For so long as Beneficiary shall be acting as trustee for the holder of the Note pursuant to the Indenture and shall not be the holder of the Note:
(a) Beneficiary may appoint a servicer in accordance with the Indenture to perform certain actions which Beneficiary may be required or permitted to take under the Loan Documents and Trustor shall be responsible for the reasonable charges and expenses of such servicer.
(b) Wherever pursuant to this Deed of Trust or any other Loan Document, Beneficiary shall have a right or may be obligated to approve or disapprove any matter or thing, or to determine whether any matter or thing is satisfactory or not satisfactory, or to make any other determination, estimation or evaluation, or to take or refrain from taking any action, Beneficiary shall have the right to engage, at the sole cost and expense of Borrower, such consultants, accountants, attorneys or other third parties as Beneficiary shall in good xxxxx xxxx necessary or desirable to advise it or assist it in the exercise of such right or obligation.
(c) Notwithstanding anything to the contrary contained herein or in any other Loan Document, Beneficiary shall not be obligated to approve or disapprove any matter or thing, or to determine whether any matter or thing is satisfactory or not satisfactory, or to make any other determination, estimation or evaluation, or to take or refrain from taking any action, or otherwise exercise any discretion with respect to the Mortgaged Property unless such action by Beneficiary is permitted or required under the Indenture.
Certain Rights of Beneficiary. Without affecting the liability of Trustor or of any other person who is or shall become bound by the terms of this Deed of Trust or who is or shall become liable for the performance of any obligation secured hereby, Beneficiary may, in such manner, upon such terms and at such times as it deems best and without notice or demand, release any party now or hereafter liable for the performance of any such obligation, extend the time for such performance, alter any of the terms of any such obligation; or accept additional security therefor, and alter, substitute or release any property securing such performance. No exercise or non-exercise by Beneficiary of any of its rights under this Deed of Trust, no dealing by Beneficiary with any person, firm or corporation and no change, impairment, loss or suspension of any right or remedy of Beneficiary shall in any way affect any of the obligations of Trustor hereunder or any security furnished by Trustor, or give Trustor any recourse against Beneficiary.
