Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (a) to select, employ and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; (c) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; and (d) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by him, or anyone entering by virtue of the powers herein granted him, upon the Mortgaged Property for debts contracted or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by him hereunder, believed by him in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him in the performance of his duties hereunder and to reasonable compensation for such of his services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 10 contracts
Sources: LLC Interest Purchase Agreement (HollyFrontier Corp), LLC Interest Purchase Agreement (Holly Energy Partners Lp), Mortgage, Line of Credit Mortgage and Deed of Trust (Holly Energy Partners Lp)
Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (a) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the Other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (c) to select and employ, in and about the execution of his his/her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; faith and (d) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce BeneficiaryLender’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 9 contracts
Sources: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Moody National REIT II, Inc.), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Moody National REIT II, Inc.), Deed of Trust, Assignment of Leases and Rents and Security Agreement (Inland Real Estate Income Trust, Inc.)
Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ and advise consult with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; , (ciii) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; ), and (div) to take any and all other lawful action as Beneficiary that Lender may instruct Trustee to take to protect or enforce BeneficiaryLender’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor Borrower will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him and hold Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee’s duties.
Appears in 8 contracts
Sources: Deed of Trust, Security Agreement and Fixture Filing (Campus Crest Communities, Inc.), Deed of Trust, Security Agreement and Fixture Filing (Campus Crest Communities, Inc.), Deed of Trust, Security Agreement, Assignment of Rents and Fixture Filing (Lightstone Value Plus Real Estate Investment Trust, Inc.)
Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: :
(a) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Note, this Deed of Trust or the Other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (c) to select and employ, in and about the execution of his his/her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; faith and (d) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce Beneficiary’s Lender's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 5 contracts
Sources: Deed of Trust and Security Agreement (Behringer Harvard Reit I Inc), Deed of Trust and Security Agreement (Behringer Harvard Reit I Inc), Deed of Trust and Security Agreement (Behringer Harvard Reit I Inc)
Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the Other Security Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce BeneficiaryLender’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 5 contracts
Sources: Deed of Trust, Security Agreement, Assignment of Leases and Fixture Filing (Medalist Diversified REIT, Inc.), Deed of Trust, Security Agreement, Assignment of Leases and Fixture Filing (Medalist Diversified REIT, Inc.), Deed of Trust and Security Agreement (American Assets Trust, Inc.)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee’s duties.
Appears in 4 contracts
Sources: Credit Agreement (Powersecure International, Inc.), Term Credit Agreement (Powersecure International, Inc.), Deed of Trust, Security Agreement, Assignment of Rents and Fixture Financing Statement (Rf Monolithics Inc /De/)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of this Deed of Trust, the Security Credit Agreement and the Other Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; (ciii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; and (div) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 4 contracts
Sources: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Radnor Holdings Corp), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Radnor Holdings Corp), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Radnor Holdings Corp)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of this Deed of Trust, the Security Indenture and the Other Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; (ciii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; and (div) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 4 contracts
Sources: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Styrochem U S LTD), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Styrochem U S LTD), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Styrochem U S LTD)
Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: :
(ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the Other Security Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce Beneficiary’s Lender's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 3 contracts
Sources: Deed of Trust and Security Agreement (Corporate Property Associates 15 Inc), Deed of Trust and Security Agreement (Corporate Property Associates 15 Inc), Deed of Trust and Security Agreement (Corporate Property Associates 15 Inc)
Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: :
(ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Loan Agreement, the Note, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce Beneficiary’s Lender's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 3 contracts
Sources: Deed of Trust and Security Agreement (Koger Equity Inc), Fee and Leasehold Deed of Trust and Security Agreement (Glimcher Realty Trust), Deed of Trust and Security Agreement (Glimcher Realty Trust)
Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; willful misconduct, and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce BeneficiaryLender’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 3 contracts
Sources: Deed of Trust, Assignment of Leases and Rents, Fixture Filing and Security Agreement (Manufactured Housing Properties Inc.), Deed of Trust and Security Agreement (Behringer Harvard Reit I Inc), Mortgage (KBS Real Estate Investment Trust, Inc.)
Certain Rights. At any time, or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed of Trust and without affecting any personal liability of any person for payment or performance of the Obligations or the effect of this Deed of Trust upon the remainder of the Mortgaged Property, Trustee may (i) reconvey any part of the Mortgaged Property, (ii) consent in writing to the making of any map or plat thereof by Grantor, (iii) join in granting any easement thereon by Grantor, or (iv) join in any extension agreement or any agreement subordinating the Lien of charge hereof. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (a) to select, employ and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; (c) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; and (d) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by him, or anyone entering by virtue of the powers herein granted him, upon the Mortgaged Property for debts contracted or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by him it hereunder, believed by him it in good faith to be genuine. Trustee shall be entitled to reimbursement for actual, reasonable expenses incurred by him it in the performance of his its duties hereunder [and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered]. Grantor willshall, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and indemnify, defend and save him Trustee harmless against, any and all liability and reasonable expenses which may be incurred by him it in the performance of his its duties, including those arising from joint, concurrent, or comparative negligence of Trustee; however, Grantor shall not be liable under such indemnification to the extent such liability or expenses result solely from Trustee's gross negligence or willful misconduct. Grantor's obligations under this SECTION 8.1 shall not be reduced or impaired by principles of comparative or contributory negligence.
Appears in 2 contracts
Sources: Credit Agreement (Integrated Defense Technologies Inc), Credit Agreement (Integrated Defense Technologies Inc)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (a) to select, employ and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Noteholder Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (c) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; faith and (d) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by him, or anyone entering by virtue of the powers herein granted him, upon the Mortgaged Property for debts contracted or liability or damages incurred in the management or operation of the Mortgaged Property, except for Trustee’s or such person’s gross negligence or bad faith. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by him hereunder, believed by him in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him in the performance of his duties hereunder and to reasonable compensation for such of his services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due hereunder to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties, except for liability and expenses incurred as a result of Trustee’s gross negligence or bad faith.
Appears in 2 contracts
Sources: Deed of Trust, Security Agreement, Assignment of Rents and Financing Statement (Spansion Inc.), Deed of Trust, Security Agreement, Assignment of Rents and Financing Statement (Spansion Inc.)
Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Loan Agreement, the Note, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce BeneficiaryLender’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 2 contracts
Sources: Deed of Trust and Security Agreement (Koger Equity Inc), Leasehold Deed of Trust, Assignment of Leases and Rents, Fixture Filing and Security Agreement (Taubman Centers Inc)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Indenture, this Security Instrument or the Other Security Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable carearea, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 2 contracts
Sources: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Sirius Xm Radio Inc.), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Sirius Xm Radio Inc.)
Certain Rights. With Subject to TIA Sections 315(a) through (d):
(i) the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (a) to select, employ and advise with counsel (who each Agent may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Documentsconclusively rely, and shall be fully protected in relying acting or refraining from acting, upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, debenture, note, other evidence of indebtedness or other paper or document believed by it to be genuine and to have been signed or presented by the proper Person. The Trustee and each Agent need not investigate any fact or matter stated in the document and may in good faith conclusively rely as to legal matters the truth of the statements and the correctness of the opinions therein;
(ii) before the Trustee or any Agent acts or refrains from acting, it may consult with counsel and require an Officers’ Certificate or an Opinion of Counsel or both. The Trustee and each Agent shall not be liable for any action it takes or omits to take in good faith in reliance on such certificate, opinion and/or an accountants’ certificate;
(iii) the advice Trustee and each Agent may act through its attorneys and agents and shall not be responsible for the misconduct or negligence of counsel; any attorney or agent appointed with due care;
(biv) the Trustee and each Agent shall be under no obligation to execute exercise any of the trusts rights or powers vested in it by this Indenture at the request or direction of any of the Holders, unless such Holders shall have offered to the Trustee and such Agent security or indemnity reasonably satisfactory to it against the costs, expenses and liabilities that might be incurred by it in compliance with such request or direction;
(v) the Trustee and each Agent shall not be liable for any action it takes or omits to take in good faith that it believes to be authorized or within its rights or powers hereof or for any action it takes or omits to take in accordance with the direction of the Holders of a majority in principal amount of the outstanding Securities relating to the time, method and place of conducting any proceeding for any remedy available to perform the Trustee, or exercising any duty hereunder either directly trust or through his agents power conferred upon the Trustee, under this Indenture; provided that the Trustee’s or attorneys; such Agent’s conduct, as applicable, does not constitute bad faith;
(cvi) whenever in the administration of this Indenture the Trustee or any Agent shall deem it desirable that a matter be proved or established prior to select and employtaking, suffering or omitting any action hereunder, the Trustee or such Agent (unless other evidence be herein specifically prescribed) may, in and about the execution absence of his duties hereunderbad faith on its part, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in rely upon an Officers’ Certificate;
(vii) the employ of Trustee, and Trustee shall not be answerable for bound to make any actinvestigation into the facts or matters stated in any resolution, default or misconduct certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, debenture, note, other evidence of any such accountant, engineer indebtedness or other expertpaper or document, agent but the Trustee, in its discretion, may make such further inquiry or attorney-in-factinvestigation into such facts or matters as it may see fit, and, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; and (d) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. the Trustee shall not be personally liable in case of entry by himdetermine to make such further inquiry or investigation, or anyone entering by virtue of the powers herein granted him, upon the Mortgaged Property for debts contracted or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by him hereunder, believed by him in good faith to be genuine. Trustee it shall be entitled to reimbursement for expenses incurred examine the books, records and premises of the Company or the Guarantor personally or by him in agent or attorney; and
(viii) any request or direction of the performance of his duties hereunder and to reasonable compensation for such of his services hereunder as Company or the Guarantor mentioned herein shall be rendered. Grantor will, from time to time, pay sufficiently evidenced by a Company Order and any resolution of the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which Board of Directors may be incurred sufficiently evidenced by him in the performance of his dutiesa Board Resolution.
Appears in 2 contracts
Sources: Senior Guaranteed Convertible Notes Indenture (Impsat Fiber Networks Inc), Senior Guaranteed Convertible Notes Indenture (Impsat Fiber Networks Inc)
Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce Beneficiary’s Lender's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 2 contracts
Sources: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Brookfield DTLA Fund Office Trust Investor Inc.), Deed of Trust and Security Agreement (American Assets Trust, Inc.)
Certain Rights. With the approval of Beneficiary▇▇▇▇▇▇, Trustee shall have the right to take any and all of the following actions: (a) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for Beneficiary▇▇▇▇▇▇) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the Other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (c) to select and employ, in and about the execution of his his/her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; faith and (d) to take any and all other lawful action as Beneficiary ▇▇▇▇▇▇ may instruct Trustee to take to protect or enforce Beneficiary▇▇▇▇▇▇’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his ▇▇▇▇▇▇▇’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 2 contracts
Sources: Deed of Trust (TNP Strategic Retail Trust, Inc.), Deed of Trust (TNP Strategic Retail Trust, Inc.)
Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce BeneficiaryLender’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 2 contracts
Sources: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Moody National REIT I, Inc.), Deed of Trust and Security Agreement (American Assets Trust, Inc.)
Certain Rights. With the approval of BeneficiaryL▇▇▇▇▇, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise consult with counsel (who may be, but need not be, counsel for BeneficiaryL▇▇▇▇▇) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; ), and (div) to take any and all other lawful action as Beneficiary that L▇▇▇▇▇ may instruct Trustee to take to protect or enforce BeneficiaryL▇▇▇▇▇’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him T▇▇▇▇▇▇ in the performance of his T▇▇▇▇▇▇’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor Borrower will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his T▇▇▇▇▇▇’s duties.
Appears in 2 contracts
Sources: Deed of Trust, Assignment of Leases and Rents and Security Agreement (Gladstone Commercial Corp), Deed of Trust, Assignment of Leases and Rents and Security Agreement (Gladstone Commercial Corp)
Certain Rights. With the approval of Beneficiary▇▇▇▇▇▇, Trustee shall have the right to take any and all of the following actions: :
(ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the Other Security Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce Beneficiary’s ▇▇▇▇▇▇'s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his ▇▇▇▇▇▇▇'s duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 2 contracts
Sources: Deed of Trust and Security Agreement (Corporate Property Associates 15 Inc), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Corporate Property Associates 15 Inc)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: :
(ai) to select, employ employ, and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; and (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee's duties.
Appears in 2 contracts
Sources: Deed of Trust, Security Agreement, Fixture Filing and Financing Statement (Glimcher Realty Trust), Deed of Trust, Security Agreement, Fixture Filing and Financing Statement (Glimcher Realty Trust)
Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Agreement, the Note, this Deed of Trust or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce Beneficiary’s Lender's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 2 contracts
Sources: Deed of Trust, Assignment of Leases and Rents and Security Agreement (Lodging Fund REIT III, Inc.), Deed of Trust, Assignment of Leases and Rents and Security Agreement (Lodging Fund REIT III, Inc.)
Certain Rights. With the approval of Beneficiary▇▇▇▇▇▇, Trustee shall have the right to take any and all of the following actions: :
(ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the Other Security Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable carearea, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce Beneficiary’s ▇▇▇▇▇▇'s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his ▇▇▇▇▇▇▇'s duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 2 contracts
Sources: Deed of Trust, Security Agreement, Fixture Filing and Assignment of Leases and Rents (Investors First Staged Equity L P), Deed of Trust, Security Agreement, Fixture Filing and Assignment of Leases and Rents (Investors First Staged Equity L P)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (a) to select, employ and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (c) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; faith and (d) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by him, or anyone entering by virtue of the powers herein granted him, upon the Mortgaged Property for debts contracted or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by him hereunder, believed by him in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him in the performance of his duties hereunder and to reasonable compensation for such of his services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due hereunder to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 2 contracts
Sources: Deed of Trust (Advanced Micro Devices Inc), Deed of Trust (Spansion Inc.)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (a) to select, employ and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his its agents or attorneys; (c) to select and employ, in and about the execution of his its duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; and (d) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable liable, except for its gross negligence or misconduct, in case of entry by himit, or anyone entering by virtue of the powers owners herein granted himto it, upon the Mortgaged Property for debts contracted or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by him hereunder, it hereunder believed by him it in good faith to be genuine. Trustee shall be entitled to reimbursement for reasonable expenses incurred by him it in the performance of his its duties hereunder and to reasonable compensation for such of his its services hereunder as shall be rendered. Grantor will, from time to time, pay the reasonable compensation due to Trustee hereunder and reimburse Trustee for, and save him it harmless against, any and all liability and expenses which may be incurred by him it in the performance of his its duties.
Appears in 2 contracts
Sources: Credit Agreement (Mueller Water Products, Inc.), Credit Agreement (Mueller Water Products, Inc.)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Documentsthis Deed of Trust, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his her agents or attorneys; , (ciii) to select and employ, in and about the execution of his Trustee’s duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for reasonable expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the reasonable compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and reasonable expenses which may be incurred by him Trustee in the performance of his dutiesTrustee’s duties hereunder.
Appears in 2 contracts
Sources: Deed of Trust (Jacobs Entertainment Inc), Credit Line Deed of Trust (Jacobs Entertainment Inc)
Certain Rights. With the approval of BeneficiaryAgent, Trustee shall have the right to take any and all of the following actions: (a) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryAgent) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (c) to select and employ, in and about the execution of his his/her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; faith and (d) to take any and all other lawful action as Beneficiary Agent may instruct Trustee to take to protect or enforce BeneficiaryAgent’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 2 contracts
Sources: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Excel Trust, L.P.), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Excel Trust, L.P.)
Certain Rights. At any time, or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed of Trust and without affecting any personal liability of any person for payment or performance of the Obligations or the effect of this Deed of Trust upon the remainder of the Mortgaged Property, Trustee may (i) reconvey any part of the Mortgaged Property, (ii) consent in writing to the making of any map or plat thereof, (iii) join in granting any easement thereon, or (iv) join in any extension agreement or any agreement subordinating the lien of charge hereof. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (a) to select, employ and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; (c) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; and (d) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by him, or anyone entering by virtue of the powers herein granted him, upon the Mortgaged Property for debts contracted or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by him it hereunder, believed by him it in good faith to be genuine. Trustee shall be entitled to reimbursement for actual, reasonable expenses incurred by him it in the performance of his its duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor willshall, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and indemnify, defend and save him Trustee harmless against, any and all liability and reasonable expenses which may be incurred by him it in the performance of his its duties, including those arising from joint, concurrent, or comparative negligence of Trustee; however, Grantor shall not be liable under such indemnification to the extent such liability or expenses result solely from Trustee’s gross negligence or willful misconduct. Grantor’s obligations under this Section 8.1 shall not be reduced or impaired by principles of comparative or contributory negligence.
Appears in 2 contracts
Sources: Amendment and Restatement and Additional Term Loan Assumption Agreement (Skilled Healthcare Group, Inc.), Amendment and Restatement Agreement (Skilled Healthcare Group, Inc.)
Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Loan Agreement, the Note, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce Beneficiary’s Lender's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 1 contract
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; ), and (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor Trustor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee’s duties.
Appears in 1 contract
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: :
(ai) to select, employ and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; , (ciii) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; ), and (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Trust Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Trust Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him ▇▇▇▇▇▇▇ in the performance of his ▇▇▇▇▇▇▇'s duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the reasonable compensation due to Trustee hereunder and reimburse Trustee for, and save him and hold Trustee harmless against, any and all liability and reasonable expenses which may be incurred by him Trustee in the performance of his Trustee's duties.
Appears in 1 contract
Sources: Deed of Trust and Security Agreement (Cornerstone Realty Income Trust Inc)
Certain Rights. With the approval of BeneficiaryLender, the Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution and interpretation of the Note, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of the Trustee, and the Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by the Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for the Trustee’s gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct the Trustee to take to protect or enforce BeneficiaryLender’s rights hereunder. The Trustee shall not be personally liable in case of entry by himthe Trustee, or anyone entering by virtue of the powers herein granted himto the Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. The Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him the Trustee hereunder, believed by him the Trustee in good faith to be genuine. The Trustee shall be entitled to reimbursement for actual expenses incurred by him the Trustee in the performance of his the Trustee’s duties hereunder and to reasonable compensation for such of his the Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his dutiesIT BEING UNDERSTOOD AND AGREED BY BORROWER THAT TRUSTEE IS HEREBY RELEASED FOR ANY ERROR OF JUDGMENT OR ACT DONE BY THE TRUSTEE IN GOOD FAITH THAT CONSTITUTES SIMPLE NEGLIGENCE.
Appears in 1 contract
Sources: Deed of Trust and Security Agreement (Behringer Harvard Reit I Inc)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (a) to select, employ and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (c) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; faith and (d) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by him, or anyone entering by virtue of the powers herein granted him, upon the Mortgaged Property for debts contracted or liability or damages incurred in the management or operation of the Mortgaged Property, except for Trustee’s or such person’s gross negligence or bad faith. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by him hereunder, believed by him in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him in the performance of his duties hereunder and to reasonable compensation for such of his services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due hereunder to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 1 contract
Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: :
(ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable carearea, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; willful misconduct, and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce Beneficiary’s Lender's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 1 contract
Sources: Deed of Trust and Security Agreement (Felcor Lodging Trust Inc)
Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected by Trustee with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; willful misconduct, and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce BeneficiaryLender’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 1 contract
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actionsYou shall: (a) to select, employ and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Documents, and shall be fully protected in relying as to legal matters on the advice of counselhave no duties or obligations other than those specifically set forth herein; (b) not be required to execute and shall make no representations and have no responsibilities as to the validity, accuracy, value or genuineness of (i) the Merger, (ii) any of certificates or documents prepared by the trusts and powers hereof and to perform Company in connection with the Merger or (iii) any duty hereunder either directly signatures or through his agents or attorneysendorsements, other than your own; (c) not be obligated to select and employtake any legal action hereunder that might, in and about the execution of his duties hereunderyour reasonable judgment, suitable accountantsinvolve any expense or liability, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected unless you have been furnished with reasonable care, or for any error of judgment or act done indemnity by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faiththe Company; and (d) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by him, or anyone entering by virtue of the powers herein granted him, upon the Mortgaged Property for debts contracted or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right able to rely on and shall be protected in acting on the written or oral instructions with respect to your actions as Exchange Agent specifically covered by this Agreement, of any officer of the Company; (e) be able to rely on and shall be protected in acting upon any certificate, instrument, opinion, notice, letter, telegram or any other document or signature authorizing or supporting any action taken or proposed security delivered to be taken by him hereunder, you and believed by him you reasonably and in good faith to be genuine. Trustee genuine and to have been signed by the proper party or parties; (f) not be responsible for or liable in any respect on account of the identity, authority or rights of any person executing or delivering or purporting to execute or deliver any document or property under this Agreement and shall have no responsibility with respect to the use or application of any property delivered by you pursuant to the provisions hereof; (g) be able to consult with counsel satisfactory to you (including counsel for the Company) and the advice or opinion of such counsel shall be entitled full and complete authorization and protection in respect of any action taken, suffered or omitted by you hereunder in good faith and in accordance with advice or opinion of such counsel; (h) not be called on at any time to reimbursement advise, and shall not advise, any person as to the value of the consideration to be received; (i) not be liable for expenses incurred anything which you may do or refrain from doing in connection with this Agreement except for your own gross negligence, willful misconduct or bad faith; (j) not be bound by him any notice or demand, or any waiver or modification of this Agreement or any of the terms hereof, unless evidenced by a writing delivered to you signed by the proper authority or authorities and, if your duties or rights are affected, unless you shall give your prior written consent thereto; (k) have no duty to enforce any obligation of any person to make delivery, or to direct or cause any delivery to be made, or to enforce any obligation of any person to perform any other act; (l) have the right to assume, in absence of written notice to the contrary from the proper person or persons, that a fact or an event by reason of which an action would or might be taken by you does not exist or has not occurred without incurring liability for any action taken or omitted, or any action suffered by you to be taken or omitted, in good faith or in the performance exercise of his duties hereunder and to reasonable compensation for your best judgment, in reliance upon such of his services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his dutiesassumption.
Appears in 1 contract
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (a) Whenever in the administration of the provisions of this Agreement Securities Intermediary and Pledge Collateral Agent shall deem it necessary or desirable that a matter be proved or established prior to select, employ and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon taking or suffering any matters arising action to be taken hereunder, including such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the preparationabsence of gross negligence or bad faith on the part of Securities Intermediary and Pledge Collateral Agent, execution be deemed to be conclusively proved and interpretation established by a certificate signed by one of the Security DocumentsSecured Party’s officers, and delivered to Securities Intermediary and Pledge Collateral Agent and such certificate, in the absence of gross negligence or bad faith on the part of the Securities Intermediary and Pledge Collateral Agent, shall be full warrant to the Securities Intermediary and Pledge Collateral Agent for any action taken, suffered or omitted by it under the provisions of this Agreement upon the faith thereof.
(b) The Securities Intermediary and Pledge Collateral Agent shall not be bound to make any investigation into the facts or matters stated in any resolution, certificate, statement, instrument, opinion, report, notice, request, consent, entitlement order, approval or other paper or document, may conclusively rely and shall be fully protected in relying as acting or refraining from acting thereon if believed to legal matters be genuine and to have been signed or presented by the proper party or parties and may conclusively rely on the advice of counsel; (b) to execute any truth of the trusts statements and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; the correctness of the opinions expressed therein.
(c) to select Neither Securities Intermediary nor Pledge Collateral Agent shall have any responsibility, other than complying with the express terms and employprovisions of this Agreement, in and about for perfecting or maintaining the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default or misconduct perfection of any such accountant, engineer security interest granted to it or other expert, agent or attorney-in-fact, if selected with reasonable care, to the Secured Party hereunder or for filing or re-filing any error of judgment financing statement or act done by Trustee continuation statement in good faith, any public office at any time or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; and times.
(d) In the event funds or securities transfer instructions are given (other than in writing at the time of execution of this Agreement), whether in writing, by telecopier or otherwise, Securities Intermediary and Pledge Collateral Agent are authorized to take any seek confirmation of such instructions by telephone call-back to the person or persons designated on Schedule I hereto, and all other lawful action as Beneficiary Securities Intermediary and Pledge Collateral Agent may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by him, or anyone entering by virtue of the powers herein granted him, rely upon the Mortgaged Property for debts contracted or liability or damages incurred in the management or operation confirmations of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed anyone purporting to be taken by him hereunder, believed by him in good faith to be genuinethe person or persons so designated. Trustee shall be entitled to reimbursement The persons and telephone numbers for expenses incurred by him in the performance of his duties hereunder and to reasonable compensation for such of his services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which call-backs may be incurred changed only in writing actually received and acknowledged by him in the performance of his dutiesSecurities Intermediary and Pledge Collateral Agent. The parties to this Agreement acknowledge that such security procedure is commercially reasonable.
Appears in 1 contract
Sources: Indemnification Collateral Account Security and Control Agreement (Metlife Inc)
Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: :
(ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; willful misconduct, and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce BeneficiaryLender’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 1 contract
Sources: Mortgage (Deed of Trust)
Certain Rights. With the approval of Beneficiarya Lender, the Public Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for Beneficiarya Lender) upon any matters arising hereunder, including the preparation, execution and interpretation of the Debentures, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; (b, ii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; (c, iii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of the Public Trustee, and the Public Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by the Public Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for the Public Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary a Lender may instruct the Public Trustee to take to protect or enforce Beneficiary’s each the Lender's rights hereunder. The Public Trustee shall not be personally liable in case of entry by himthe Public Trustee, or anyone entering by virtue of the powers herein granted himto the Public Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. The Public Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him the Public Trustee hereunder, believed by him the Public Trustee in good faith to be genuine. The Public Trustee shall be entitled to reimbursement for actual expenses incurred by him the Public Trustee in the performance of his the Public Trustee's duties hereunder and to reasonable compensation for such of his the Public Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 1 contract
Sources: Securities Purchase Agreement (Ramtron International Corp)
Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise consult with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; attorneys in accordance with the terms of this Mortgage and applicable law, (ciii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; ), and (div) to take any and all other lawful action as Beneficiary that Lender may instruct Trustee to take to protect or enforce BeneficiaryLender’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor Borrower will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee’s duties.
Appears in 1 contract
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (a) to select, employ and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (c) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; faith and (d) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by him, or anyone entering by virtue of the powers herein granted him, upon the Mortgaged Property for debts contracted or liability or damages incurred in the management or operation of the Mortgaged Property, except for Trustee’s or such person’s gross negligence or bad faith. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by him hereunder, believed by him in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him in the performance of his duties hereunder and to reasonable compensation for such of his services hereunder as shall be rendered. Grantor Trustor will, from time to time, pay the compensation due hereunder to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties, except for liability and expenses incurred as a result of Trustee’s gross negligence or bad faith.
Appears in 1 contract
Sources: Deed of Trust (Spansion Inc.)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for DEED OF TRUST - Page 37 expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee’s duties.
Appears in 1 contract
Certain Rights. With the approval of BeneficiaryGrantee, Trustee shall have the right to take any and all of the following actions: (a) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryGrantee) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Indenture Notes, this Security Instrument or the other Note Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his its agents or attorneys; (c) to select and employ, in and about the execution of his its duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; and (d) to take any and all other lawful action as Beneficiary Grantee may instruct Trustee to take to protect or enforce Beneficiary’s ▇▇▇▇▇▇▇'s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his ▇▇▇▇▇▇▇'s duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 1 contract
Sources: Deed of Trust (FelCor Lodging LP)
Certain Rights. With the approval of BeneficiaryL▇▇▇▇▇, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ and advise consult with counsel (who may be, but need not be, counsel for BeneficiaryL▇▇▇▇▇) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; , (ciii) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; ), and (div) to take any and all other lawful action as Beneficiary that L▇▇▇▇▇ may instruct Trustee to take to protect or enforce BeneficiaryL▇▇▇▇▇’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him T▇▇▇▇▇▇ in the performance of his T▇▇▇▇▇▇’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor B▇▇▇▇▇▇▇ will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him and hold Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee’s duties.
Appears in 1 contract
Sources: Deed of Trust, Security Agreement and Fixture Filing (NNN Apartment REIT, Inc.)
Certain Rights. With the approval of BeneficiaryL▇▇▇▇▇, the Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryL▇▇▇▇▇) upon any matters arising hereunder, including the preparation, execution and interpretation of the Note, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; , (ciii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of the Trustee, and the Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by the Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for the Trustee’s gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary L▇▇▇▇▇ may instruct the Trustee to take to protect or enforce BeneficiaryL▇▇▇▇▇’s rights hereunder. The Trustee shall not be personally liable in case of entry by himthe Trustee, or anyone entering by virtue of the powers herein granted himto the Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. The Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him the Trustee hereunder, believed by him the Trustee in good faith to be genuine. The Trustee shall be entitled to reimbursement for actual expenses incurred by him the Trustee in the performance of his the Trustee’s duties hereunder and to reasonable compensation for such of his the Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 1 contract
Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable carearea, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce Beneficiary’s Lender's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 1 contract
Sources: Deed of Trust and Security Agreement (Global Geophysical Services Inc)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his its agents or attorneys; , (ciii) to select and employ, in and about the execution of his its duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; ), and (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor rendered as provided by applicable law.. Trustor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee’s duties.
Appears in 1 contract
Certain Rights. With the approval of Beneficiary, Trustee Mortgagee shall have the right to take any and all of the following actions: (ai) to select, employ and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; (bii) to execute any of the trusts terms, provisions, and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; (ciii) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-factattorneys‑in‑fact, either corporate or individual, not regularly in the employ of Trustee, Mortgagee (and Trustee Mortgagee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-factattorney‑in‑fact, if selected with reasonable care, or for any error of judgment or act done by Trustee Mortgagee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s Mortgagee's gross negligence or bad faith); and (div) to take any and all other lawful action as Beneficiary may instruct Trustee to take that Mortgagee deem necessary or appropriate to protect or enforce Beneficiary’s Mortgagee's rights hereunder. Trustee Mortgagee shall not be personally liable in case of entry by himMortgagee, or anyone entering by virtue of the powers herein granted himto Mortgagee, upon the Mortgaged Property Premises for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged PropertyPremises. Trustee Mortgagee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Mortgagee hereunder, believed by him Mortgagee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him in the performance of his duties hereunder and to reasonable compensation for such of his services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 1 contract
Certain Rights. With the approval of Beneficiary, Trustee Mortgagee shall have the right to take any and all of the following actions: (ai) to select, employ and advise consult with counsel (who may be, but need not be, counsel for BeneficiaryMortgagee) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; , (ciii) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Mortgagee (and Trustee Mortgagee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee Mortgagee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for TrusteeMortgagee’s gross negligence or bad faith; ), and (div) to take any and all other lawful action as Beneficiary that Mortgagee may instruct Trustee to take to protect or enforce BeneficiaryMortgagee’s rights hereunder. Trustee Mortgagee shall not be personally liable in case of entry by himMortgagee, or anyone entering by virtue of the powers herein granted himto Mortgagee, upon the Mortgaged Property Land for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged PropertyLand. Trustee Mortgagee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Mortgagee hereunder, believed by him Mortgagee in good faith to be genuine. Trustee Mortgagee shall be entitled to reimbursement for reasonable expenses incurred by him Mortgagee in the performance of his Mortgagee’s duties hereunder hereunder. Mortgagor will save and to reasonable compensation for such of his services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him hold Mortgagee harmless against, any and all liability and expenses which may be incurred by him Mortgagee in the performance of his Mortgagee’s duties.
Appears in 1 contract
Sources: Mortgage, Assignment of Rents, Security Agreement (CNL Healthcare Properties, Inc.)
Certain Rights. With the approval of the Beneficiary, the Trustee shall have the right to take any and all of the following actions: (a) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for the Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of this Deed of Trust or the Security other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (c) to select and employ, in and about the execution of his his/her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of the Trustee, and the Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by the Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for the Trustee’s 's gross negligence or bad faith; , and (d) to take any and all other lawful action as the Beneficiary may instruct the Trustee to take to protect or enforce the Beneficiary’s 's rights hereunder. The Trustee shall not be personally liable in case of entry by himthe Trustee, or anyone entering by virtue of the powers herein granted himto the Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. The Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him the Trustee hereunder, believed by him the Trustee in good faith to be genuine. The Grantor shall reimburse the Trustee shall be entitled to reimbursement for all costs and expenses incurred by him the Trustee in the performance of his the Trustee's duties hereunder and to for reasonable compensation for such of his the Trustee's services hereunder as shall be rendered. Grantor willNotwithstanding anything herein to the contrary, the Trustee shall not exercise or waive the exercise of any of its rights, powers or remedies hereunder or otherwise act or refrain from time acting hereunder unless directed to timedo so by the Beneficiary, pay and the compensation due to Trustee shall exercise or waive the exercise of any of its rights, powers or remedies hereunder and reimburse Trustee for, otherwise act or refrain from acting when and save him harmless against, any and all liability and expenses which may be incurred by him in the performance manner directed by the Beneficiary, provided that the Trustee shall not be required to follow any direction of his dutiesthe Beneficiary if the Trustee has been advised by counsel that such action would violate applicable law.
Appears in 1 contract
Certain Rights. With the approval of Beneficiary, Trustee shall have -------------- the right to take any and all of the following actions: :
(ai) to select, employ and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; , (ciii) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; ), and (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Trust Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Trust Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him ▇▇▇▇▇▇▇ in the performance of his ▇▇▇▇▇▇▇'s duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the reasonable compensation due to Trustee hereunder and reimburse Trustee for, and save him and hold Trustee harmless against, any and all liability and reasonable expenses which may be incurred by him Trustee in the performance of his Trustee's duties.
Appears in 1 contract
Sources: Deed of Trust and Security Agreement (Cornerstone Realty Income Trust Inc)
Certain Rights. With the approval of Beneficiary▇▇▇▇▇▇, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ and advise consult with counsel (who may be, but need not be, counsel for Beneficiary▇▇▇▇▇▇) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; , (ciii) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; ), and (div) to take any and all other lawful action as Beneficiary that ▇▇▇▇▇▇ may instruct Trustee to take to protect or enforce Beneficiary▇▇▇▇▇▇’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Trust Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Trust Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him ▇▇▇▇▇▇▇ in the performance of his ▇▇▇▇▇▇▇'s duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor ▇▇▇▇▇▇▇▇ will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him and hold Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee's duties.
Appears in 1 contract
Certain Rights. With the approval of the Beneficiary, the Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise consult with counsel (who may be, but need not be, counsel for the Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security DocumentsLoan Documents or the Indenture, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, the Trustee (and the Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by the Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for the Trustee’s gross negligence or bad faith; willful misconduct), and (div) to take any and all other lawful action as that the Beneficiary may instruct the Trustee to take to protect or enforce the Beneficiary’s rights hereunder. The Trustee shall not be personally liable in case of entry by himthe Trustee, or anyone entering by virtue of the powers herein granted himto the Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property, except for the Trustee’s gross negligence or willful misconduct. The Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him the Trustee hereunder, believed by him the Trustee in good faith to be genuine. The Trustee shall be entitled to reimbursement for expenses incurred by him the Trustee in the performance of his the Trustee’s duties hereunder and to reasonable compensation for such of his the Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to the Trustee hereunder and reimburse the Trustee for, and save him the Trustee harmless against, any and all liability and expenses which may be incurred by him the Trustee in the performance of his the Trustee’s duties.
Appears in 1 contract
Sources: Amendment Agreement (Consolidated Communications Holdings, Inc.)
Certain Rights. With the approval of BeneficiaryL▇▇▇▇▇, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryL▇▇▇▇▇) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his Trustee’s agents or attorneys; , (ciii) to select and employ, in and about the execution of his Trustee’s duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce BeneficiaryL▇▇▇▇▇’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him T▇▇▇▇▇▇ in the performance of his T▇▇▇▇▇▇’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor Borrower will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his T▇▇▇▇▇▇’s duties.
Appears in 1 contract
Sources: Deed of Trust (Parks America, Inc)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; , (ciii) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; ), and (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property Premises for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged PropertyPremises. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him and hold Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee’s duties.
Appears in 1 contract
Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Agreement, the Note, this Deed of Trust or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce BeneficiaryLender’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 1 contract
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property Project for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged PropertyProject. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee’s duties.
Appears in 1 contract
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Credit Agreement, the Note, this Deed of Trust or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 1 contract
Certain Rights. With the approval of BeneficiaryLender, the Trustee shall have the right to take any and all of the following actions: :
(a) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution and interpretation of the Note, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (c) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of the Trustee, and the Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by the Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s the Trustees gross negligence or bad faith; , and (d) to take any and all other lawful action as Beneficiary Lender may instruct the Trustee to take to protect or enforce Beneficiary’s Lenders rights hereunder. The Trustee shall not be personally liable in case of entry by himthe Trustee, or anyone entering by virtue of the powers herein granted himto the Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. The Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him the Trustee hereunder, believed by him the Trustee in good faith to be genuine. The Trustee shall be entitled to reimbursement for actual expenses incurred by him the Trustee in the performance of his the Trustees duties hereunder and to reasonable compensation for such of his the Trustees services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 1 contract
Sources: Deed of Trust and Security Agreement (Glimcher Realty Trust)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: :
(ai) to select, employ and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; , (ciii) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; ), and (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Trust Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Trust Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation reaso▇▇▇▇▇ ▇ompensation for such of his ▇▇▇▇▇▇e's services hereunder as shall be rendered. Grantor will, from time to time, pay the reasonable compensation due to Trustee hereunder and reimburse Trustee for, and save him and hold Trustee harmless against, any and all liability and reasonable expenses which may be incurred by him Trustee in the performance of his Trustee's duties.
Appears in 1 contract
Sources: Deed of Trust and Security Agreement (Cornerstone Realty Income Trust Inc)
Certain Rights. With the approval of BeneficiaryAgent (acting at the direction of the Required Holders), Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryAgent) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the other Financing Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s to the extent that a court of competent jurisdiction determines in a final and nonappealable judgment that Trustee acted with gross negligence or bad faith; willful misconduct in its selection of such agents, and (div) to take any and all other lawful action as Beneficiary Agent may instruct Trustee to take to protect or enforce BeneficiaryAgent’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged PropertyProperty except for any liabilities or damages to the extent determined by a court of competent jurisdiction in a final and nonappealable judgment to have resulted from the gross negligence, willful misconduct or bad faith of the Trustee. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his ▇▇▇▇▇▇▇’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 1 contract
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security DocumentsNotes, this Deed of Trust or the other Operative Agreements, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-factattorneys‑in‑fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-factattorney‑in‑fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Granted Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Granted Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 1 contract
Sources: Deed of Trust, Security Agreement, Assignment of Leases and Rents (Kingsway Financial Services Inc)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising requiring Trustee’s action or consent hereunder, including the preparation, execution and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; , (ciii) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; ), and (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property Premises for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged PropertyPremises. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for customary and reasonable expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him and hold Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee’s duties.. Notwithstanding the terms of this Section 7.1, the Grantor shall not be required to indemnify Trustee under this Section 7.1 for any matters indemnified hereunder to the extent arising or resulting from the willful misconduct or gross negligence of Trustee (or that of its agents, employees or contractors)
Appears in 1 contract
Sources: Deed of Trust, Assignment of Rents, Security Agreement (Grubb & Ellis Healthcare REIT II, Inc.)
Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: :
(a) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the Other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (c) to select and employ, in and about the execution of his his/her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; faith and (d) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce BeneficiaryLender’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 1 contract
Sources: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing
Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: :
(ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLend▇▇) upon ▇▇on any matters arising hereunder, including the preparation, execution execution, and interpretation of the Loan Agreement, the Note, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce Beneficiary’s rights Lend▇▇'▇ ▇ights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his duties Trus▇▇▇'▇ ▇uties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 1 contract
Sources: Deed of Trust and Security Agreement (Glimcher Realty Trust)
Certain Rights. With Subject to the approval provisions of Beneficiary, Trustee shall have the right to take any and all of the following actions: Section 6.1:
(a) to select, employ and advise with counsel (who the Trustee may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Documents, rely and shall be fully protected in relying as acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, debenture, Security or other paper or document believed by it to legal matters be genuine and to have been signed or presented by the proper party or parties;
(b) any request or direction of the Company mentioned herein shall be sufficiently evidenced by a Company Request or Company Order and any resolution of the Board of Directors may be sufficiently evidenced by a Board Resolution;
(c) whenever in the administration of this Indenture the Trustee shall deem it desirable that a matter be proved or established prior to taking, suffering or omitting any action hereunder, the Trustee (unless other evidence be herein specifically prescribed) may, in the absence of bad faith on its part, rely upon an Officers' Certificate;
(d) the Trustee may consult with counsel of its choice and the advice of counselsuch counsel or any Opinion of Counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by it hereunder in good faith and in reliance thereon;
(e) the Trustee shall be under no obligation to exercise any of the rights or powers vested in it by this Indenture at the request or direction of any of the Holders pursuant to this Indenture, unless such Holders shall have offered to the Trustee reasonable security or indemnity against the costs, expenses and liabilities that might be incurred by it in compliance with such request or direction;
(f) the Trustee shall not be bound to make any investigation into the facts or matters stated in any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, indenture, Security or other paper or document, but the Trustee in its discretion may make such inquiry or investigation into such facts or matters as it may see fit, and, if the Trustee shall determine to make such inquiry or investigation, it shall be entitled to examine the books, records and premises of the Company, personally or by agent or attorney; and
(bg) to the Trustee may execute any of the trusts and or powers hereof and to hereunder or perform any duty duties hereunder either directly or by or through his agents or attorneys; (c) to select attorneys and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable responsible for any act, default misconduct or misconduct negligence on the part of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected attorney appointed with reasonable care, or for any error of judgment or act done due care by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; and (d) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights it hereunder. Trustee shall not be personally liable in case of entry by him, or anyone entering by virtue of the powers herein granted him, upon the Mortgaged Property for debts contracted or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by him hereunder, believed by him in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him in the performance of his duties hereunder and to reasonable compensation for such of his services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 1 contract
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for for, any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; ), and (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee's duties.
Appears in 1 contract
Sources: Deed of Trust and Security Agreement (Inland Diversified Real Estate Trust, Inc.)
Certain Rights. Trustee shall be under no duty to take any action hereunder except as expressly required hereunder or by law, or to perform any act which would involve Trustee in any expense or liability or to institute or defend any suit in respect hereof, unless properly indemnified to Trustee's reasonable satisfaction. Trustee, by acceptance of this Deed of Trust, covenants to perform and fulfill the trusts herein created. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Documentsthis Deed Of Trust, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his its agents or attorneys; , (ciii) to select and employ, in and about the execution of his its duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross 's negligence or bad faith; ), and (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Trust Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Trust Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee's duties. Beneficiary shall have no responsibility for compensating Trustee, reimbursing its expenses or providing it with indemnification.
Appears in 1 contract
Sources: Deed of Trust (New Cf&i Inc)
Certain Rights. At any time, or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed of Trust and without affecting any personal liability of any person for payment or performance of the Obligations or the effect of this Deed of Trust upon the remainder of the Mortgaged Property, Trustee may (i) reconvey any part of the Mortgaged Property, (ii) consent in writing to the making of any map or plat thereof, (iii) join in granting any easement thereon, or (iv) join in any extension agreement or any agreement subordinating the Lien of charge hereof. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (a) to select, employ and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; (c) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; and (d) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by him, or anyone entering by virtue of the powers herein granted him, upon the Mortgaged Property for debts contracted or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by him it hereunder, believed by him it in good faith to be genuine. Trustee shall be entitled to reimbursement for actual, reasonable expenses incurred by him it in the performance of his its duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor willshall, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and indemnify, defend and save him Trustee harmless against, any and all liability and reasonable expenses which may be incurred by him it in the performance of his its duties, including those arising from joint, concurrent, or comparative negligence of Trustee; however, Grantor shall not be liable under such indemnification to the extent such liability or expenses result solely from Trustee's gross negligence or willful misconduct. Grantor's obligations under this Section 8.1 shall not be reduced or impaired by principles of comparative or contributory negligence.
Appears in 1 contract
Certain Rights. With the approval of BeneficiaryGrantee, Trustee shall have the right to take any and all of the following actions: (a) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryGrantee) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Notes, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his its agents or attorneys; (c) to select and employ, in and about the execution of his its duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; and (d) to take any and all other lawful action as Beneficiary Grantee may instruct Trustee to take to protect or enforce BeneficiaryGrantee’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 1 contract
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: :
(ai) to select, employ employ, and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his its agents or attorneys; , (ciii) to select and employ, in and about the execution of his its duties hereunder, suitable accountants, engineers engineers, and other experts, agents agents, and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer engineer, or other expert, agent agent, or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee's duties.
Appears in 1 contract
Sources: Credit and Security Agreement (General Communication Inc)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; , (ciii) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence negligence, willful misconduct, or bad faith; ), and (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property Premises for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged PropertyPremises. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him T▇▇▇▇▇▇ in the performance of his T▇▇▇▇▇▇'s duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him and hold Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee's duties.
Appears in 1 contract
Sources: Deed of Trust (Bluerock Residential Growth REIT, Inc.)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security DocumentsNote, this Deed of Trust or the other Operative Agreements, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Granted Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Granted Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his ▇▇▇▇▇▇▇’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 1 contract
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his Trustee’s agents or attorneys; , (ciii) to select and employ, in and about the execution of his Trustee’s duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee’s duties.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Behringer Harvard Reit I Inc)
Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: :
(ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce Beneficiary’s Lender's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor Borrower will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee's duties.
Appears in 1 contract
Sources: Deed of Trust (Behringer Harvard Short Term Opportunity Fund I Lp)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his Trustee’s agents or attorneys; , (ciii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; ), and (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee's duties.
Appears in 1 contract
Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: :
(ai) to select, employ employ, and advise consult with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; ), and (div) to take any and all other lawful action as Beneficiary that Lender may instruct Trustee to take to protect or enforce Beneficiary’s Lender's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor Borrower will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee's duties.
Appears in 1 contract
Sources: Deed of Trust (Sun Communities Inc)
Certain Rights. With Subject to TIA Sections 315(a) through (d):
(i) the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (a) to select, employ and advise with counsel (who each Agent may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Documentsconclusively rely, and shall be fully protected in relying acting or refraining from acting, upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, debenture, note, other evidence of indebtedness or other paper or document believed by it to be genuine and to have been signed or presented by the proper Person. The Trustee and each Agent need not investigate any fact or matter stated in the document and may in good faith conclusively rely as to legal matters the truth of the statements and the correctness of the opinions therein;
(ii) before the Trustee or any Agent acts or refrains from acting, it may consult with counsel and require an Officers' Certificate or an Opinion of Counsel or both. The Trustee and each Agent shall not be liable for any action it takes or omits to take in good faith in reliance on such certificate, opinion and/or an accountants' certificate;
(iii) the advice Trustee and each Agent may act through its attorneys and agents and shall not be responsible for the misconduct or negligence of counsel; any attorney or agent appointed with due care;
(biv) the Trustee and each Agent shall be under no obligation to execute exercise any of the trusts rights or powers vested in it by this Indenture at the request or direction of any of the Holders, unless such Holders shall have offered to the Trustee and such Agent security or indemnity reasonably satisfactory to it against the costs, expenses and liabilities that might be incurred by it in compliance with such request or direction;
(v) the Trustee and each Agent shall not be liable for any action it takes or omits to take in good faith that it believes to be authorized or within its rights or powers hereof or for any action it takes or omits to take in accordance with the direction of the Holders of a majority in principal amount of the outstanding Securities relating to the time, method and place of conducting any proceeding for any remedy available to perform the Trustee, or exercising any duty hereunder either directly trust or through his agents power conferred upon the Trustee, under this Indenture; provided that the Trustee's or attorneys; such Agent's conduct, as applicable, does not constitute bad faith;
(cvi) whenever in the administration of this Indenture the Trustee or any Agent shall deem it desirable that a matter be proved or established prior to select and employtaking, suffering or omitting any action hereunder, the Trustee or such Agent (unless other evidence be herein specifically prescribed) may, in and about the execution absence of his duties hereunderbad faith on its part, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in rely upon an Officers' Certificate;
(vii) the employ of Trustee, and Trustee shall not be answerable for bound to make any actinvestigation into the facts or matters stated in any resolution, default or misconduct certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, debenture, note, other evidence of any such accountant, engineer indebtedness or other expertpaper or document, agent but the Trustee, in its discretion, may make such further inquiry or attorney-in-factinvestigation into such facts or matters as it may see fit, and, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; and (d) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. the Trustee shall not be personally liable in case of entry by himdetermine to make such further inquiry or investigation, or anyone entering by virtue of the powers herein granted him, upon the Mortgaged Property for debts contracted or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by him hereunder, believed by him in good faith to be genuine. Trustee it shall be entitled to reimbursement for expenses incurred examine the books, records and premises of the Company or the Guarantor personally or by him in agent or attorney; and
(viii) any request or direction of the performance of his duties hereunder and to reasonable compensation for such of his services hereunder as Company or the Guarantor mentioned herein shall be rendered. Grantor will, from time to time, pay sufficiently evidenced by a Company Order and any resolution of the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which Board of Directors may be incurred sufficiently evidenced by him in the performance of his dutiesa Board Resolution.
Appears in 1 contract
Sources: Senior Guaranteed Convertible Notes Indenture (Impsat Fiber Networks Inc)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: :
(ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Documentsthis Deed of Trust, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his her agents or attorneys; , (ciii) to select and employ, in and about the execution of his Trustee's duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for reasonable expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the reasonable compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and reasonable expenses which may be incurred by him Trustee in the performance of his dutiesTrustee's duties hereunder.
Appears in 1 contract
Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Loan Agreement, the Note, this Deed of Trust or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his its agents or attorneys; , (ciii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce Beneficiary’s Lender's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 1 contract
Sources: Deed of Trust, Assignment of Leases and Rents and Security Agreement (Horizon Group Properties Inc)
Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (a) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Note, this Deed of Trust or the Other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (c) to select and employ, in and about the execution of his his/her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; faith and (d) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce BeneficiaryLender’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 1 contract
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Credit Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; , (ciii) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; ), and (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him and hold Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee’s duties.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Del Frisco's Restaurant Group, LLC)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (a) to select, employ and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; (c) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; and (d) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by him, or anyone entering by virtue of the powers herein granted him, upon the Mortgaged Property for debts contracted or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by him it hereunder, believed by him it in good faith to be genuine. Trustee shall be entitled to reimbursement for actual, reasonable expenses incurred by him it in the performance of his its duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor willshall, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and indemnify, defend and save him Trustee harmless against, any and all liability and reasonable expenses which may be incurred by him it in the performance of his its duties; however, Grantor shall not be liable under such indemnification to the extent such liability or expenses result from Trustee's negligence, willful misconduct, Trustee's breach of its obligations under this Deed of Trust or violation of law, or from Beneficiary's or any Lender's or Lender Counterparty's breach of its obligations under this Deed of Trust, any Hedge Agreement, or any Credit Document. In the event that Beneficiary, any of the Lenders, or any of their respective affiliates is substituted as Trustee hereunder, the indemnification and limitation on liability provisions of the Credit Agreement benefiting the Agents and Lenders (which are incorporated herein by this reference) shall apply to said Beneficiary, Lender or affiliate in its capacity as Trustee and shall supersede the provisions of the preceding sentence.
Appears in 1 contract
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: :
(ai) to select, employ employ, and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; ), and (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee's duties, except for liabilities arising from Trustee's gross negligence or willful misconduct.
Appears in 1 contract
Sources: Deed of Trust and Security Agreement (Westcoast Hospitality Corp)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: :
(ai) to select, employ and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; , (ciii) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-attorneys in fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-attorney in fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; ), and (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him and hold Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee's duties.
Appears in 1 contract
Certain Rights. With In the approval event of Beneficiaryany default by the Lessee in the payment of any installment of Basic Rent due under the Lease, the Owner Participant may, within ten calendar days (or such longer period ending on the second day after the expiry of the applicable grace period specified in the Lease with respect to such default) after notice from the Indenture Trustee or the Lessee of such default, without the consent or concurrence of any Note Holder, pay, as provided in Section 2.04 hereof, for application in accordance with Section 3.01 hereof, a sum equal to the amount of all (but not less than all) of the Principal Amount and interest as shall then (without regard to any acceleration pursuant to Section 4.04(b) or (c) hereof) be due and payable on the Equipment Notes. In the event of any default by the Lessee in any obligation under the Lease other than the payment of Basic Rent, if such default can be remedied by the payment of money and the Owner Trustee shall have been furnished by the right Owner Participant with all funds necessary for remedying such default, the Owner Participant may, within fifteen calendar days (or such longer period ending on the second day after the expiry of any applicable grace period specified in the Lease with respect to take such default) after notice from the Indenture Trustee or the Lessee of such default, without the consent or concurrence of any and all Note Holder, instruct the Owner Trustee to exercise the Owner Trustee's rights under Section 21(d) of the following actions: Lease to perform such obligation on behalf of the Lessee. Solely for the purpose of determining whether there exists an Indenture Event of Default, (a) any timely payment by Trust Indenture the Owner Participant pursuant to, and in compliance with, the first sentence of this Section 4.03 shall be deemed to selectremedy (but solely for purposes of this Indenture) any default by the Lessee in the payment of Basic Rent theretofore due and payable and to remedy (but solely for purposes of this Indenture) any default by the Owner Trustee in the payment of any amount due and payable under the Equipment Notes or hereunder, employ and advise with counsel (who b) any timely performance by the Owner Trustee of any obligation of the Lessee under the Lease pursuant to, and in compliance with, the second sentence of this Section 4.03 shall be deemed to remedy (but solely for purposes of this Indenture) any default by the Lessee under the Lease to the same extent that like performance by the Lessee itself would have remedied such default (but any such payment or performance shall not relieve the Lessee of its duty to pay all Rent and perform all of its obligations pursuant to the Lease). If, on the basis specified in the preceding sentence, such Lease Event of Default shall have been remedied, then any declaration pursuant to the Lease that the Lease is in default, and any declaration pursuant to this Indenture that the Equipment Notes are due and payable or that an Indenture Event of Default exists hereunder, based upon such Lease Event of Default, shall be deemed to be rescinded, and the Owner Participant or the Owner Trustee, as the case may be, but need not be, counsel for Beneficiaryshall (to the extent of any such payments made by it) upon any matters arising hereunder, including be subrogated to the preparation, execution and interpretation rights of the Security DocumentsNote Holders hereunder to receive such payment of Rent from the Indenture Trustee (and the payment of interest on account of such Rent being overdue), and shall be fully protected in relying entitled, so long as no other Indenture Default or Indenture Event of Default shall have occurred and be continuing, to legal matters receive, subject to the terms of this Indenture, such payment upon receipt thereof by the Indenture Trustee; provided that the Owner Participant shall not otherwise attempt to recover any such amount paid by it on the advice of counsel; (b) to execute any behalf of the trusts Lessee pursuant to this Section 4.03 except by demanding of the Lessee payment of such amount, or by commencing an action at law against the Lessee and powers hereof obtaining and to perform enforcing a judgment against the Lessee for the payment of such amount or taking appropriate action in a pending action at law against the Lessee or by demanding Excepted Payments or Excepted Rights; provided, however, that at no time while an Indenture Event of Default shall have occurred and be continuing shall any duty hereunder either directly such demand be made or through his agents shall any such action be commenced (or attorneys; (ccontinued) to select and employ, any amounts nevertheless received by the Owner Participant in and about respect thereof shall be held in trust for the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trusteebenefit of, and promptly paid to, the Indenture Trustee shall not be answerable for any act, default or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee distribution as provided in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faithSection 3.03 hereof; and (d) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by himprovided, or anyone entering by virtue of the powers herein granted himfurther, upon the Mortgaged Property for debts contracted or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by him hereunder, believed by him in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him in the performance of his duties hereunder and to reasonable compensation for such of his services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.that
Appears in 1 contract
Sources: Trust Indenture and Security Agreement (America West Airlines Inc)
Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the Other Security Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; , and (div) to take any and all other lawful action as Lender and Beneficiary may instruct Trustee to take to protect or enforce Lender’s and Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 1 contract
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: :
(ai) to select, employ and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; , (ciii) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; ), and (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Trust Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Trust Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable t▇ ▇▇▇▇onable compensation for such of his ▇▇▇▇ ▇▇ Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the reasonable compensation due to Trustee hereunder and reimburse Trustee for, and save him and hold Trustee harmless against, any and all liability and reasonable expenses which may be incurred by him Trustee in the performance of his Trustee's duties.
Appears in 1 contract
Sources: Deed of Trust, Security Agreement and Ucc Fixture Filing (Apple Suites Inc)
Certain Rights. With the approval of Beneficiary▇▇▇▇▇▇, Trustee shall have the right to take any and all of the following actions: :
(ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for Beneficiary▇▇▇▇▇▇) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Loan Agreement, the Note, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce Beneficiary’s ▇▇▇▇▇▇'s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his ▇▇▇▇▇▇▇'s duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 1 contract
Certain Rights. With To the extent permitted by applicable Colorado law, with the prior written approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (a) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Agreement, the Note, this Deed of Trust or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (c) to select and employ, in and about the execution of his his/her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; faith and (d) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce BeneficiaryLender’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual out-of-pocket expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 1 contract
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: :
(ai) to select, employ employ, and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; ), and (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his dutiesTrustee's duties except for liabilities arising from Trustee's gross negligence of willful misconduct.
Appears in 1 contract
Certain Rights. With the approval of Beneficiaryof, and upon instruction by, Administrative Agent, Trustee shall will have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryAdministrative Agent) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of this Security Instrument or the Security other Loan Documents, and shall will be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either whether directly or through his Trustee’s agents or attorneys; , (ciii) to select and employ, in and about the execution of his Trustee’s duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall will not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; willful misconduct, and (div) to take any and all other lawful action as Beneficiary Administrative Agent may instruct Trustee to take to protect or enforce BeneficiaryAdministrative Agent’s rights hereunder. Trustee shall will not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property, except for Trustee’s gross negligence or willful misconduct. Trustee shall will have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall will be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall will be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 1 contract
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Collateral Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his her agents or attorneys; , (ciii) to select and employ, in and about the execution of his Trustee’s duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for reasonable expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the reasonable compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and reasonable expenses which may be incurred by him Trustee in the performance of his dutiesTrustee’s duties hereunder.
Appears in 1 contract
Sources: Credit Line Deed of Trust (Jacobs Entertainment Inc)
Certain Rights. With the approval of BeneficiaryAgent, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryAgent) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of this Security Instrument or the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Agent may instruct Trustee to take to protect or enforce BeneficiaryAgent’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property Collateral for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged PropertyCollateral. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 1 contract
Sources: Credit Agreement (U-Store-It Trust)
Certain Rights. With the approval of Beneficiary▇▇▇▇▇▇, Trustee shall have the right to take any and all of the following actions: , (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for Beneficiary▇▇▇▇▇▇) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the Other Security Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce Beneficiary’s ▇▇▇▇▇▇'s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his ▇▇▇▇▇▇▇'s duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 1 contract
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; , (ciii) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; ), and (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property Premises for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged PropertyPremises. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him ▇▇▇▇▇▇▇ in the performance of his ▇▇▇▇▇▇▇’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him and hold Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee’s duties.
Appears in 1 contract
Certain Rights. With the approval of BeneficiaryAgent, Trustee shall have the right to take any and all of the following actions: (a) to select, employ employ, and advise consult with counsel (who may be, but need not be, counsel for BeneficiaryAgent or any Secured Party) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of this Deed of Trust or the Security other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (c) to select and employ, in and about the execution of his his/her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; faith and (d) to take any and all other lawful action as Beneficiary Agent may instruct Trustee to take to protect or enforce BeneficiaryAgent’s or any Secured Party’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 1 contract
Certain Rights. With the approval of BeneficiaryLender, the Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution and interpretation of the Note, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his its agents or attorneys; , (ciii) to select and employ, in and about the execution of his its duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of the Trustee, and the Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by the Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for the Trustee’s gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct the Trustee to take to protect or enforce BeneficiaryLender’s rights hereunder. , The Trustee shall not be personally liable in case of entry by himthe Trustee, or anyone entering by virtue of the powers herein granted himto the Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. The Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him the Trustee hereunder, believed by him the Trustee in good faith to be genuine. The Trustee shall be entitled to reimbursement for actual expenses incurred by him the Trustee in the performance of his the Trustee’s duties hereunder and to reasonable compensation for such of his the Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 1 contract
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: :
(a) to select, employ and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; ;
(c) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; and (d) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by him, or anyone entering by virtue of the powers herein granted him, upon the Mortgaged Property for debts contracted or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by him hereunder, believed by him in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him in the performance of his duties hereunder and to reasonable compensation for such of his services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.
Appears in 1 contract
Sources: Mortgage and Deed of Trust (Holly Energy Partners Lp)