Common use of Consent to Disposition Clause in Contracts

Consent to Disposition. It is expressly agreed that Beneficiary may predicate Beneficiary’s decision to grant or withhold consent to a Disposition on such terms and conditions as Beneficiary may require, in Beneficiary’s sole discretion, including without limitation (i) consideration of the creditworthiness of the party to whom such Disposition will be made and its management ability with respect to the Mortgaged Property, (ii) consideration of whether the security for repayment of the Indebtedness and the performance and discharge of the Obligations, or Beneficiary’s ability to enforce its rights, remedies, and recourses with respect to such security, will be impaired in any way by the proposed Disposition, (iii) an increase in the rate of interest payable under the Notes or any other change in the terms and provisions of the Notes and other Loan Documents, (iv) reimbursement of Beneficiary for all reasonable costs and expenses incurred by Beneficiary in investigating the creditworthiness and management ability of the party to whom such Disposition will be made and in determining whether Beneficiary’s security will be impaired by the proposed Disposition, (v) payment to Beneficiary of a transfer fee to cover the cost of documenting the Disposition in its records, (vi) payment of Beneficiary’s reasonable attorneys’ fees in connection with such Disposition, (vii) the express assumption of payment of the Indebtedness and performance and discharge of the Obligations by the party to whom such Disposition will be made (with or without the release of Grantor from liability for such Indebtedness and Obligations), (viii) the execution of assumption agreements, modification agreements, supplemental loan documents, and financing statements, satisfactory in form and substance to Beneficiary, (ix) endorsements (to the extent available under applicable law) to any existing mortgagee title insurance policies insuring Beneficiary’s liens and security interests covering the Mortgaged Property, and (x) require additional security for the payment of the Indebtedness and performance and discharge of the Obligations.

Consent to Disposition. It is expressly agreed that Beneficiary may ---------------------- predicate Beneficiary’s 's decision to grant or withhold consent to a Disposition on such terms and conditions as Beneficiary may require, in Beneficiary’s 's sole discretion, including without limitation (i) consideration of the creditworthiness of the party to whom such Disposition will be made and its management ability with respect to the Mortgaged Property, (ii) consideration of whether the security for repayment of the Indebtedness and the performance and discharge of the Obligations, or Beneficiary’s 's ability to enforce its rights, remedies, and recourses with respect to such security, will be impaired in any way by the proposed Disposition, (iii) an increase in the rate of interest payable under the Notes or any other change in the terms and provisions of the Notes and other Loan Documents, (iv) reimbursement of Beneficiary for all reasonable costs and expenses incurred by Beneficiary in investigating the creditworthiness and management or consulting ability of the party to whom such Disposition will be made and in determining whether Beneficiary’s 's security will be impaired by the proposed Disposition, (v) payment to Beneficiary of a transfer fee to cover the cost of documenting the Disposition in its records, (vi) payment of Beneficiary’s 's reasonable attorneys’ ' fees in connection with such Disposition, (vii) the express assumption of payment of the Indebtedness and performance and discharge of the Obligations by the party to whom such Disposition will be made (with or without the release of Grantor from liability for such Indebtedness and Obligations), (viii) the execution of assumption agreements, modification agreements, supplemental loan documents, and financing statements, satisfactory in form and substance to Beneficiary, (ix) endorsements (to the extent available under applicable law) to any existing mortgagee title insurance policies insuring Beneficiary’s 's liens and security interests covering the Mortgaged Property, and (x) require requiring additional security for the payment of the Indebtedness and performance and discharge of the Obligations.

Consent to Disposition. It is expressly agreed that Beneficiary may predicate Beneficiary’s decision to grant or withhold consent to a Disposition on such terms and conditions as Beneficiary may require, in Beneficiary’s sole and arbitrarily applied discretion, including without limitation limitation: (ia) consideration of the creditworthiness of the party to whom such Disposition will be made and its management ability with respect to the Mortgaged Property, ; (iib) consideration of whether the security for repayment of the Indebtedness and the performance and discharge of the Obligations, or Beneficiary’s ability to enforce its rights, remedies, and recourses with respect to such security, will be impaired in any way by the proposed Disposition, ; (iiic) an increase in the rate of interest payable under the Notes Note or any other change in the terms and provisions of the Notes Note and other Loan Documents, ; (ivd) reimbursement of Beneficiary for all reasonable costs and expenses expense incurred by Beneficiary in investigating the creditworthiness and management ability of the party to whom such Disposition will be made and in determining whether Beneficiary’s security will be impaired by the proposed Disposition, ; (ve) payment to Beneficiary of a transfer fee to cover the cost of documenting the Disposition in its records, ; (vif) payment of Beneficiary’s reasonable attorneys’ fees in connection with such Disposition, ; (viig) the express assumption of payment of the Indebtedness and performance and discharge of the Obligations by the party to whom such Disposition will be made (with or without the release of Grantor from liability for such Indebtedness and Obligations), ; (viiih) the execution of assumption agreements, modification agreements, supplemental loan documents, and financing statements, satisfactory in form and substance to Beneficiary, ; and (ixi) endorsements (to the extent available under applicable law) to any existing mortgagee title insurance policies insuring Beneficiary’s liens and security interests covering the Mortgaged Property. In the event Beneficiary approves a Disposition for which the consent of Beneficiary is required, and (x) require additional security for all references to Grantor in this Deed of Trust or to the payment Borrower in the Loan Agreement shall no longer reference any subsequently occurring act, condition or status of the Indebtedness and performance and discharge original Grantor or Borrower, but shall instead refer to the permitted transferee. Grantor hereby expressly acknowledges that Beneficiary has no duty of the Obligationsgood faith or any other duty to provide consent to a Disposition.

Consent to Disposition. It is expressly agreed that Beneficiary may predicate Beneficiary’s decision to grant or withhold consent to a Disposition on such terms and conditions as Beneficiary may require, in Beneficiary’s sole discretion, including without limitation (i) consideration of the creditworthiness of the party to whom such Disposition will be made and its management ability with respect to the Mortgaged Property, (ii) consideration of whether the security for repayment of the Indebtedness and the performance and discharge of the Obligations, or Beneficiary’s ability to enforce its rights, remedies, and recourses with respect to such security, will be impaired in any way by the proposed Disposition, (iii) an increase in the rate of interest payable under the Notes Note or any other change in the terms and provisions of the Notes Note and other Loan Documents, (iv) reimbursement of Beneficiary for all reasonable costs and expenses incurred by Beneficiary in investigating the creditworthiness and management or consulting ability of the party to whom such Disposition will be made and in determining whether Beneficiary’s security will be impaired by the proposed Disposition, (v) payment to Beneficiary of a transfer fee to cover the cost of documenting the Disposition in its records, (vi) payment of Beneficiary’s reasonable attorneys’ fees in connection with such Disposition, (vii) the express assumption of payment of the Indebtedness and performance and discharge of the Obligations by the party to whom such Disposition will be made (with or without the release of Grantor from liability for such Indebtedness and Obligations), (viii) the execution of assumption agreements, modification agreements, supplemental loan documents, and financing statements, satisfactory in form and substance to Beneficiary, (ix) endorsements (to the extent available under applicable law) to any existing mortgagee title insurance policies insuring Beneficiary’s liens and security interests covering the Mortgaged Property, and (x) require requiring additional security for the payment of the Indebtedness and performance and discharge of the Obligations.

Consent to Disposition. It is expressly agreed that Beneficiary Lender may predicate Beneficiary’s Lender's decision to grant or withhold consent to a Disposition on such terms and conditions as Beneficiary Lender may require, in Beneficiary’s Leader's sole reasonable discretion, including without limitation (i) consideration of the creditworthiness of the party to whom such Disposition will be made and its management ability with respect to the Mortgaged Property, (ii) consideration of whether the security for repayment of the Indebtedness and the performance and discharge of the Obligations, or Beneficiary’s Lender's ability to enforce its rights, remedies, and recourses with respect to such security, will be impaired in any way by the proposed Disposition, (iii) an increase in the rate of interest payable under the Notes Note or any other change in the terms and provisions of the Notes Note and other Loan Documents, (iv) reimbursement of Beneficiary Lender for all reasonable costs and expenses incurred by Beneficiary Lender in investigating the creditworthiness and management or consulting ability of the party to whom such Disposition will be made and in determining whether Beneficiary’s Lender's security will be impaired by the proposed Disposition, (v) payment to Beneficiary Lender of a transfer fee to cover the cost of documenting the Disposition in its records, (vi) payment of Beneficiary’s Lender's reasonable attorneys’ ' fees in connection with such Disposition, (vii) the express assumption of payment of the Indebtedness and performance and discharge of the Obligations by the party to whom such Disposition will be made (with or without the release of Grantor Borrower from liability for such Indebtedness and Obligations), (viii) the execution of assumption agreements, modification agreements, supplemental loan documents, and financing statements, satisfactory in form and substance to BeneficiaryLender, (ix) endorsements (to the extent available under applicable law) to any existing mortgagee title insurance policies insuring Beneficiary’s Lender's liens and security interests covering the Mortgaged Property, and (x) require requiring additional security for the payment of the Indebtedness indebtedness and performance and discharge of the Obligations.

Consent to Disposition. It is expressly agreed that Beneficiary may predicate Beneficiary’s 's decision to grant or withhold consent to a Disposition on such terms teems and conditions xxxxitions as Beneficiary may require, in Beneficiary’s ' sole discretion, including without limitation (i)) consideration of the creditworthiness of the party to whom such Disposition will be made and its management ability with respect to the Mortgaged Property, (ii) consideration of whether the security for repayment of the Indebtedness and the performance and discharge of the Obligations, or Beneficiary’s 's ability to enforce its rights, remedies, and recourses with respect to such security, will be impaired in any way by the proposed Disposition, (iii) an increase in the rate of interest payable under the Notes Note or any other change in the terms and provisions of the Notes Note and other Loan Documents, (iv) reimbursement of Beneficiary for all reasonable costs and expenses expense incurred by Beneficiary in investigating the creditworthiness and management ability of the party to whom such Disposition will be made and in determining whether Beneficiary’s " security will be impaired by the proposed Disposition, (v) payment to Beneficiary of a transfer fee to cover the cost of documenting the Disposition in its records, (vi) payment of Beneficiary’s 's reasonable attorneys’ ' fees in connection with such Disposition, (vii) the express assumption of payment of the Indebtedness and performance and discharge of the Obligations by the party to whom such Disposition will be made (with or without the release of Grantor from liability for such Indebtedness and Obligations), (viii) the execution of assumption agreementsagreement, modification agreements, supplemental loan documents, and financing statements, satisfactory in form and substance to Beneficiary, and (ix) endorsements (to the extent available under applicable law) to any existing mortgagee title insurance policies insuring Beneficiary’s 's liens and security interests covering the Mortgaged Property. In the event Beneficiary approves a Disposition for which the consult of Beneficiary is required, and (x) require additional security for all references to Grantor in this Deed of Trust or to the payment Borrower in the Loan Agreement shall no longer reference any subsequently occurring act, condition or status of the Indebtedness and performance and discharge of original Grantor or Borrower, but shall instead refer to the Obligationspermitted transferee.