Common use of Cure; Protection of Security Clause in Contracts

Cure; Protection of Security. Either Beneficiary or Trustee may cure any breach or default of Trustor, and if it chooses to do so in connection with any such cure, Beneficiary or Trustee may also enter the Property and, whether or not Beneficiary or Trustee enter the Property, do any and all other things which it, in its sole discretion, may consider necessary and appropriate to protect the security of this Deed of Trust. Such other things may include: appearing in and/or defending any action or proceeding which purports to affect the security of, or the rights or powers of Beneficiary or Trustee under, this Deed of Trust; paying, purchasing, contesting or compromising any encumbrance, charge, lien or claim of lien which in Beneficiary’s or Trustee’s sole judgment is or may be senior in priority to this Deed of Trust, such judgment of Beneficiary or Trustee to be conclusive as among the parties to this Deed of Trust; obtaining insurance and/or paying any premiums or charges for insurance required to be carried under this Deed of Trust; otherwise caring for and protecting any and all of the Property; and employing counsel, accountants, contractors and other appropriate persons to assist Beneficiary or Trustee. Beneficiary and Trustee may take any of the actions permitted under this Subsection either with or without giving notice to any person.

Appears in 1 contract

Samples: Eldorado Resorts LLC

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Cure; Protection of Security. Either Beneficiary or Trustee may cure any breach or default of Trustor, and if it chooses to do so in connection with any such cure, Beneficiary or Trustee may also enter the Property and, whether or not Beneficiary or Trustee enter the Property, do any and all other things which it, in its sole discretion, may consider necessary and appropriate to protect the security of this Deed of Trust, including, without limitation, the right to complete the Improvements. Such other things may include: appearing in and/or defending any action or proceeding which purports to affect the security of, or the rights or powers of Beneficiary or Trustee under, this Deed of Trust; paying, purchasing, contesting or compromising any encumbrance, charge, lien or claim of lien which in Beneficiary’s 's or Trustee’s 's sole judgment is or may be senior in priority to this Deed of Trust, such judgment of Beneficiary or Trustee to be conclusive as among the parties to this Deed of Trust; obtaining insurance and/or paying any premiums or charges for insurance required to be carried under this Deed of Trust; otherwise caring for and protecting any and all of the Property; and employing counsel, accountants, contractors and other appropriate persons to assist Beneficiary or Trustee. Beneficiary and Trustee may take any of the actions permitted under this Subsection either with or without giving notice to any person.. (e)

Appears in 1 contract

Samples: Credit Agreement (Circus Circus Enterprises Inc)

Cure; Protection of Security. Either Trustee, Beneficiary or Trustee , if applicable, the other Secured Parties may cure any breach or default of TrustorGrantor, and if it chooses to do so in connection with any such cure, Trustee, Beneficiary or Trustee the other Secured Parties may also enter the Property and, whether or not Beneficiary or Trustee enter the Property, and/or do any and all other things which it, in its sole discretion, may consider it considers necessary and or appropriate to protect the security of this Deed deed of Trusttrust. Such other things may include: appearing in and/or defending any action or proceeding which purports to affect the security of, or the rights or powers of Trustee, Beneficiary or Trustee the other Secured Parties under, this Deed deed of Trusttrust; paying, purchasing, contesting or compromising any encumbrance, charge, lien or claim of lien which in Trustee's, Beneficiary’s 's or Trustee’s sole the other Secured Parties' judgment is or may be senior in priority to this Deed deed of Trusttrust, such judgment of Trustee, Beneficiary or Trustee the other Secured Parties to be conclusive as among the parties to this Deed deed of Trusttrust; obtaining insurance and/or paying any premiums or charges for insurance required to be carried under this Deed of Trustthe Credit Agreement; otherwise caring for and protecting any and all of the Property; and and/or employing counsel, accountants, contractors and other appropriate persons to assist Trustee, Beneficiary or the other Secured Parties. Trustee. , Beneficiary and Trustee the other Secured Parties may take any of the actions permitted under this Subsection Section 8.02 either with or without giving notice to any person. Notwithstanding the foregoing, in no event will Trustee, Beneficiary or the other Secured Parties have any obligation to take any of the actions set forth in this clause (d).

Appears in 1 contract

Samples: Qad Inc

Cure; Protection of Security. Either Beneficiary or Trustee may cure any breach or default of Trustor, and if it chooses to do so in connection with any such cure, Beneficiary or Trustee may also enter the Property and, whether or not Beneficiary or Trustee enter the Property, do any and all other things which it, in its sole discretion, may consider necessary and appropriate to protect the security of this Deed of Trust, including, without limitation, the right to complete the Improvements. Such other things may include: appearing in and/or defending any action or proceeding which purports to affect the security of, or the rights or powers of Beneficiary or Trustee under, this Deed of Trust; paying, purchasing, contesting or compromising any encumbrance, charge, lien or claim of lien which in Beneficiary’s or Trustee’s sole judgment is or may be senior in priority to this Deed of Trust, such judgment of Beneficiary or Trustee to be conclusive as among the parties to this Deed of Trust; obtaining insurance and/or paying any premiums or charges for insurance required to be carried under this Deed of Trust; otherwise caring for and protecting any and all of the Property; and employing counsel, accountants, contractors and other appropriate persons to assist Beneficiary or Trustee. Beneficiary and Trustee may take any of the actions permitted under this Subsection either with or without giving notice to any person.

Appears in 1 contract

Samples: Eldorado Resorts LLC

Cure; Protection of Security. Either Trustee or Beneficiary or Trustee may cure any breach or default of TrustorGrantor, and if it chooses to do so in connection with any such cure, Trustee or Beneficiary or Trustee may also enter the Property and, whether or not Beneficiary or Trustee enter the Property, and/or do any and all other things which it, in its sole discretion, may consider it considers necessary and or appropriate to protect the security of this Deed deed of Trusttrust. Such other things may include: appearing in and/or defending any action or proceeding which purports to affect the security of, or the rights or powers of Trustee or Beneficiary or Trustee under, this Deed deed of Trusttrust; paying, purchasing, contesting or compromising any encumbrance, charge, lien or claim of lien which in Trustee's or Beneficiary’s or Trustee’s sole 's judgment is or may be senior in priority to this Deed deed of Trusttrust, such judgment of Trustee or Beneficiary or Trustee to be conclusive as among the parties to this Deed deed of Trusttrust; obtaining insurance and/or paying any premiums or charges for insurance required to be carried under this Deed of Trustthe Credit Agreement; otherwise caring for and protecting any and all of the Property; and and/or employing counsel, accountants, contractors and other appropriate persons to assist Trustee or Beneficiary. Trustee and Beneficiary or Trustee. Beneficiary and Trustee may take any of the actions permitted under this Subsection Section 8.02 either with or without giving notice to any person. Notwithstanding the foregoing, in no event will Trustee or Beneficiary have any obligation to take any of the actions set forth in this clause (d).

Appears in 1 contract

Samples: Owens Realty Mortgage, Inc.

Cure; Protection of Security. Either Beneficiary or Trustee may cure any breach or default of TrustorTrustor and, and if it chooses to do so in connection with any such cure, Beneficiary or Trustee may also enter the Property and, whether or not Beneficiary or Trustee enter the Property, and/or do any and all other things which it, either may in its sole discretion, may absolute discretion consider necessary and appropriate to protect the security of this Deed of Trust. Such other things may include, without limitation: appearing in and/or defending any action or proceeding which purports to affect the security of, or the rights or powers of Beneficiary or Trustee under, this Deed of Trust; paying, purchasing, contesting or compromising any encumbrance, charge, lien lien, security interest or claim of lien or security interest which (in Beneficiary’s or Trustee’s sole judgment judgment) is or may be senior in priority to this Deed of Trust, such judgment of Beneficiary or Trustee to be conclusive as among the parties to this Deed of Trust; obtaining insurance and/or paying any premiums or charges for insurance required to be carried under this Deed of TrustTrust and the other Loan Documents; otherwise caring for and protecting any and all of the Property; and and/or employing counsel, accountants, contractors and other appropriate persons to assist Beneficiary or Trustee. Beneficiary and Trustee may take any of the actions permitted under this Subsection either with or without Section 6.2.4 upon giving Trustor prior written notice to any personof such action(s) as reasonably determined by Beneficiary, or, if Beneficiary has determined that providing such prior written notice is not feasible, then substantially concurrent written notice of such action(s).

Appears in 1 contract

Samples: Credit Agreement (Pinnacle Entertainment Inc)

Cure; Protection of Security. Either the Beneficiary or the Trustee may cure any breach or default of Trustor, and if it chooses to do so in connection with any such cure, the Beneficiary or the Trustee may also enter the Property and, whether or not Beneficiary or Trustee enter the Property, do any and all other things which itit may, in its the sole discretiondiscretion of the Trustee or the Beneficiary, may consider necessary and appropriate to protect the security of this Deed of Trust. Such other things may include: appearing in and/or or defending any action or proceeding which purports to affect the security of, or the rights or powers of the Beneficiary or the Trustee under, this Deed of Trust; paying, purchasing, contesting contesting, or compromising any encumbrance, charge, lien Lien or claim of lien Lien which in the Beneficiary’s 's or the Trustee’s sole 's reasonable judgment is or may be senior in priority to this Deed of Trust, such judgment of the Beneficiary or the Trustee to be conclusive as among the parties to this Deed of Trust; obtaining insurance and/or or paying any premiums or charges for insurance required to be carried under this Deed of TrustTrust or the Credit Agreement; otherwise caring for and protecting any and all of the Property; and or employing counsel, accountants, contractors contractors, and other appropriate persons Persons to assist the Beneficiary or the Trustee. The Beneficiary and the Trustee may take any of the actions permitted under this Subsection Section 5.02(c) either with or without giving notice to any personPerson.

Appears in 1 contract

Samples: Pacific Lumber Co /De/

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Cure; Protection of Security. Either Beneficiary or Trustee ---------------------------- may cure any breach or default of Trustor, and if it chooses to do so in connection with any such cure, Beneficiary or Trustee may also also, subject to applicable Gaming Laws, enter the Property and, whether or not Beneficiary or Trustee enter the Property, and/or do any and all other things which it, it may in its sole discretion, may discretion consider necessary and appropriate to protect the security of this Deed of Trust, including, without limitation, the right to complete the Improvements. Such other things may include: appearing in and/or defending any action or proceeding which purports to affect the security of, or the rights or powers of Beneficiary or Trustee under, this Deed of Trust; paying, purchasing, contesting or compromising any encumbrance, charge, lien or claim of lien which in Beneficiary’s 's or Trustee’s 's sole judgment is or may be senior in priority to this Deed of Trust, such judgment of Beneficiary or Trustee to be conclusive as among the parties to this Deed of Trust; obtaining insurance and/or paying any premiums or charges for insurance required to be carried under this Deed of Trustthe Loan Agreement; otherwise caring for and protecting any and all of the Property; and and/or employing counsel, accountants, contractors and other appropriate persons to assist Beneficiary or Trustee. Beneficiary and Trustee may take any of the actions permitted under this Subsection 6.3(d) either with or without giving notice to any person.. ------

Appears in 1 contract

Samples: Coast Hotels & Casinos Inc

Cure; Protection of Security. Either Beneficiary or Trustee may cure any breach or default of Trustor, and if it chooses to do so in connection with any such cure, Beneficiary or Trustee may also enter the Property and, whether or not Beneficiary or Trustee enter the Property, and/or do any and all other things which it, it may in its sole discretion, may discretion consider necessary and appropriate to protect the security of this Performance Deed of Trust. Such other things may include: appearing in and/or defending any action or proceeding which purports to affect the security of, or the rights or powers orpowers of Beneficiary or Trustee under, this Performance Deed of Trust; paying, purchasing, contesting or compromising any encumbrance, charge, lien or claim of lien which in Beneficiary’s 's or Trustee’s 's sole judgment is or may be senior in priority to this Performance Deed of Trust, such judgment of Beneficiary or Trustee to be conclusive as among the parties to this Deed of TrustBeneficiary, Trustee and Trustor; obtaining insurance and/or paying any premiums or charges for insurance required to be carried under this Deed of Trusthereunder; otherwise caring for and protecting any and all of the Property; and and/or employing counsel, accountants, contractors and other appropriate persons to assist Beneficiary or Trustee. Beneficiary and Trustee may take any of the actions permitted under this Subsection Section 7.15 either with or without giving notice notice, except for notices required under applicable law. Any amounts disbursed by Beneficiary pursuant to any personthis paragraph shall become additional indebtedness secured by this Performance Deed of Trust.

Appears in 1 contract

Samples: Operating Covenant and Agreement

Cure; Protection of Security. Either Beneficiary or Trustee may cure any breach or default of Trustor, and if it chooses to do so in connection with any such cure, Beneficiary or Trustee may also also, enter the Property and, whether or not Beneficiary or Trustee enter the Property, do any and all other things which it, in its sole discretion, may consider necessary and appropriate to protect the security of this Deed of Trust, including, without limitation, the right to complete the Improvements. Such other things may include: appearing in and/or defending any action or proceeding which purports to affect the security of, or the rights or powers of Beneficiary or Trustee under, this Deed of Trust; paying, purchasing, contesting or compromising any encumbrance, charge, lien or claim of lien which in Beneficiary’s 's or Trustee’s 's sole judgment is or may be senior in priority to this Deed of Trust, such judgment of Beneficiary or Trustee to be conclusive as among the parties to this Deed of Trust; obtaining insurance and/or paying any premiums or charges for insurance required to be carried under this Deed of Trust; otherwise caring for and protecting any and all of the Property; and employing counsel, accountants, contractors and other appropriate persons to assist Beneficiary or Trustee. Beneficiary and Trustee may take any of the actions permitted under this Subsection either with or without giving notice to any person.

Appears in 1 contract

Samples: Agreement (Players International Inc /Nv/)

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