Common use of Certain Rights of Beneficiary Clause in Contracts

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.

Appears in 2 contracts

Samples: Purchase Note and Security Agreement (Zond Windsystem Partners LTD Series 85-A), Deed of Trust (Zond Windsystem Partners LTD Series 85-A)

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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 Transmission Easements and 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 Transmission Easements and Agreements for such purpose consistent with the conditions of Paragraph 5.02; andand BOOK 6520 PAGE 1607 (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.

Appears in 1 contract

Samples: Deed of Trust (Zond Windsystem Partners LTD Series 85-A)

Certain Rights of Beneficiary. 3.01 Should an Event 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 Easement Agreement 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 Easement Agreement for such purpose consistent with the conditions of Paragraph 5.026.02; 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.

Appears in 1 contract

Samples: Purchase Note and Security Agreement (Zond Windsystem Partners LTD Series 85 C)

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 Transmission Easements and 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 Transmission Easements and Agreements for such purpose consistent with the conditions of Paragraph 5.02; andand BOOK 6520 PAGE 1643 (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.

Appears in 1 contract

Samples: Deed of Trust (Zond Windsystem Partners LTD Series 85-B)

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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 Easement Agreement 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 Easement Agreement for such purpose consistent with the conditions of Paragraph 5.026.02; 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.

Appears in 1 contract

Samples: Deed of Trust (Zond Windsystem Partners LTD Series 85 C)

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 B 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 B 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.

Appears in 1 contract

Samples: Deed of Trust (Zond Windsystem Partners LTD Series 85-B)

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