Common use of Further Acts, etc Clause in Contracts

Further Acts, etc. Trustor shall, at its sole cost, duly execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, transfers and assurances as Beneficiary shall, from time to time, require, for the better assuring, conveying, assigning, transferring, and confirming unto Beneficiary the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, pledged, assigned and hypothecated or intended now or hereafter so to be; or which Trustor may be or may hereafter become bound to convey or assign to Beneficiary, or for carrying out the intention or facilitating the performance of the terms of this Deed of Trust, or for filing, registering or recording this Deed of Trust or for facilitating the sale and transfer of the Loan and the Loan Documents. Upon foreclosure, the appointment of a receiver or any other relevant action, Trustor shall, at its sole cost, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the operation of the Trust Property. Upon the occurrence and during the continuance of any Event of Default, Trustor grants to Beneficiary an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Beneficiary at law and in equity, including such rights and remedies available to Beneficiary pursuant to this paragraph. Notwithstanding anything to the contrary in the immediately preceding sentence, Beneficiary shall not execute any document as attorney in-fact of Trustor unless (x) Trustor shall have failed or refused to execute the same within five (5) Business Days after Beneficiary's request therefor, or (y) in Beneficiary's good faith determination it would be materially prejudiced by the delay involved in making such a request. Beneficiary shall give prompt notice to Trustor of any exercise of the power of attorney as provided for in this paragraph, along with copies of all documents executed in connection therewith.

Further Acts, etc. Trustor shall, at its sole cost, duly do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, transfers and assurances as Beneficiary shall, from time to time, require, for the better assuring, conveying, assigning, transferring, and confirming unto Beneficiary the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, pledged, assigned and hypothecated or intended now or hereafter so to be; , or which Trustor may be or may hereafter become bound to convey or assign to Beneficiary, or for carrying out the intention or facilitating the performance of the terms of this Deed of Trust, or for filing, registering or recording this Deed of Trust or for facilitating the sale and transfer of the Loan and the Loan DocumentsDocuments in connection with a Secondary Market Transaction as described in Section 9.1 of the Loan Agreement. Upon foreclosure, the appointment of a receiver or any other relevant action, Trustor shall, at its sole cost, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the operation of the Trust Property. Upon the occurrence and during the continuance of any Event of Default, Trustor grants to Beneficiary an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Beneficiary at law and in equity, including such rights and remedies available to Beneficiary pursuant to this paragraph. Notwithstanding anything to the contrary in the immediately preceding sentence, Beneficiary shall not execute any document as attorney attorney-in-fact of Trustor unless (x) Trustor shall have failed or refused to execute the same within five (5) Business Days after Beneficiary's request therefor, or (y) in Beneficiary's good faith determination it would be materially prejudiced by the delay involved in making such a request. Beneficiary shall give prompt notice to Trustor of any exercise of the power of attorney as provided for in this paragraphParagraph 7, along with copies of all documents executed in connection therewith.

Further Acts, etc. Trustor Borrower shall, at its sole cost, duly do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, grantings, mortgages, assignments, notices of assignment, transfers and assurances as Beneficiary Lender shall, from time to time, require, for the better assuring, conveying, assigning, transferring, and confirming unto Beneficiary Lender the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, pledged, assigned and hypothecated or intended now or hereafter so to be; , or which Trustor Borrower may be or may hereafter become bound to convey or assign to BeneficiaryLender, or for carrying out the intention or facilitating the performance of the terms of this Deed of TrustSecurity Instrument, or for filing, registering or recording this Deed of Trust Security Instrument or for facilitating the sale and transfer of the Loan and the Loan DocumentsDocuments in connection with a Secondary Market Transaction as described in Section 9.1 of the Loan Agreement. Upon foreclosure, the appointment of a receiver or any other relevant action, Trustor Borrower shall, at its sole cost, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the operation of the Trust Property. Upon the occurrence and during the continuance of any Event of Default, Trustor Borrower grants to Beneficiary Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Beneficiary Lender at law and in equity, including such rights and remedies available to Beneficiary Lender pursuant to this paragraph. Notwithstanding anything to the contrary in the immediately preceding sentence, Beneficiary Lender shall not execute any document as attorney attorney-in-fact of Trustor Borrower unless (x) Trustor Borrower shall have failed or refused to execute the same within five (5) Business Days after Beneficiary's Lender’s request therefor, or (y) in Beneficiary's Lender’s good faith determination it would be materially prejudiced by the delay involved in making such a request. Beneficiary Lender shall give prompt notice to Trustor Borrower of any exercise of the power of attorney as provided for in this paragraphParagraph 7, along with copies of all documents executed in connection therewith.

Further Acts, etc. Trustor shallBorrower will, at its sole costthe cost of Borrower, duly and without expense to Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignmentassignments, transfers and assurances as Beneficiary Lender shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Beneficiary Lender the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, pledged, assigned assigned, warranted and hypothecated transferred or intended now or hereafter so to be; , or which Trustor Borrower may be or may hereafter become bound to convey or assign to BeneficiaryLender, or for carrying out the intention or facilitating the performance of the terms of this Deed of Trust, Security Instrument or for filing, registering or recording this Deed of Trust Security Instrument, or for facilitating complying with all Legal Requirements; provided that the sale and transfer obligations of Borrower under the Loan Documents are not materially increased and Borrower’s rights under the Loan DocumentsDocuments are not decreased. Upon foreclosureBorrower, on demand, will execute and deliver, and in the appointment event it shall fail to so execute and deliver, hereby authorizes Lender to execute in the name of a receiver Borrower or any other relevant action, Trustor shall, at its sole cost, cooperate fully and completely to effect without the assignment or transfer signature of any license, permit, agreement or any other right necessary or useful Borrower to the operation extent Lender may lawfully do so, one or more financing statements (including, without limitation, initial financing statements and amendments thereto and continuation statements) with or without the signature of Borrower as authorized by applicable law, to evidence more effectively the Trust security interest of Lender in the Property. Upon Borrower also ratifies its authorization for Lender to have filed any like initial financing statements, amendments thereto and continuation statements, if filed prior to the occurrence and during date of this Security Instrument. During the continuance of any an Event of Default, Trustor Borrower grants to Beneficiary Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Beneficiary Lender at law and in equity, including without limitation such rights and remedies available to Beneficiary Lender pursuant to this paragraphSection 5.2. Notwithstanding anything to To the contrary extent not prohibited by applicable law, Borrower hereby ratifies all acts Lender has lawfully done in the immediately preceding sentence, Beneficiary past or shall not execute any document as attorney in-fact lawfully do or cause to be done in the future by virtue of Trustor unless (x) Trustor shall have failed or refused to execute the same within five (5) Business Days after Beneficiary's request therefor, or (y) in Beneficiary's good faith determination it would be materially prejudiced by the delay involved in making such a request. Beneficiary shall give prompt notice to Trustor of any exercise of the power of attorney as provided for in this paragraph, along with copies of all documents executed in connection therewithattorney.

Further Acts, etc. Trustor shallExcept as otherwise provided in the Loan Agreement and subject to the terms thereof, Borrower will, at its sole costthe cost of Borrower, duly and without expense to Agent or any Lender, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignmentassignments, transfers and assurances as Beneficiary Agent shall, from time to time, reasonably require, for the better assuring, conveying, assigning, transferring, and confirming unto Beneficiary Agent, for the ratable benefit of Lender, the property and rights hereby mortgaged, givendeeded, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, pledged, assigned assigned, warranted and hypothecated transferred or intended now or hereafter so to be; , or which Trustor Borrower may be or may hereafter become bound to convey or assign to BeneficiaryAgent, for the ratable benefit of Lender, or for carrying out the intention or facilitating the performance of the terms of this Deed of Trust, Security Instrument or for filing, registering or recording this Deed of Trust Security Instrument, or for facilitating complying with all Legal Requirements. Borrower, on written demand from Agent, will execute and deliver, and in the sale event it shall fail, within five (5) Business Days of such demand, to so execute and transfer deliver, hereby authorizes Agent file in such jurisdictions as necessary one or more financing statements to evidence more effectively the security interest of Agent, for the Loan and ratable benefit of Lender, in the Loan Documents. Upon foreclosure, the appointment of a receiver or any other relevant action, Trustor shall, at its sole cost, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the operation of the Trust Property. Upon the occurrence and during the continuance of any Event of Default, Trustor Borrower grants to Beneficiary Agent, for the ratable benefit of Lender, an irrevocable power of attorney coupled with an interest effective upon the occurrence of, and continuing only during the continuance of an Event of Default, for the purpose of exercising and perfecting any and all rights and remedies available to Beneficiary Agent at law and in equity, including including, without limitation, such rights and remedies available to Beneficiary Agent pursuant to this paragraph. Notwithstanding anything Section 5.2; provided, however, in no event shall Agent have the power or authority to expand the contrary obligations of Borrower as set forth in the immediately preceding sentence, Beneficiary shall not execute any document as attorney in-fact of Trustor unless (x) Trustor shall have failed or refused to execute the same within five (5) Business Days after Beneficiary's request therefor, or (y) in Beneficiary's good faith determination it would be materially prejudiced by the delay involved in making such a request. Beneficiary shall give prompt notice to Trustor of any exercise of the power of attorney as provided for in this paragraph, along with copies of all documents executed in connection therewithLoan Documents.

Further Acts, etc. Trustor Borrower shall, at its sole cost, duly do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, transfers and assurances as Beneficiary Lender shall, from time to time, require, for the better assuring, conveying, assigning, transferring, and confirming unto Beneficiary Lender the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, pledged, assigned and hypothecated or intended now or hereafter so to be; , or which Trustor Borrower may be or may hereafter become bound to convey or assign to BeneficiaryLender, or for carrying out the intention or facilitating the performance of the terms of this Deed of TrustMortgage, or for filing, registering or recording this Deed of Trust Mortgage or for facilitating the sale and transfer of the Loan and the Loan DocumentsDocuments in connection with a Secondary Market Transaction as described in Section 9.1 of the Loan Agreement. Upon foreclosure, the appointment of a receiver or any other relevant action, Trustor Borrower shall, at its sole cost, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the operation of the Trust Property. Upon the occurrence and during the continuance of any Event of Default, Trustor Borrower grants to Beneficiary Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Beneficiary Lender at law and in equity, including such rights and remedies available to Beneficiary Lender pursuant to this paragraph. Notwithstanding anything to the contrary in the immediately preceding sentence, Beneficiary Lender shall not execute any document as attorney attorney-in-fact of Trustor Borrower unless (x) Trustor Borrower shall have failed or refused to execute the same within five (5) Business Days after Beneficiary's Lender’s request therefor, or (y) in Beneficiary's Lender’s good faith determination it would be materially prejudiced by the delay involved in making such a request. Beneficiary Lender shall give prompt notice to Trustor Borrower of any exercise of the power of attorney as provided for in this paragraphParagraph 7, along with copies of all documents executed in connection therewith.

Further Acts, etc. Trustor Borrower shall, at its sole cost, duly do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, transfers and assurances as Beneficiary Lender shall, from time to time, require, for the better assuring, conveying, assigning, transferring, and confirming unto Beneficiary Lender the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, pledged, assigned and hypothecated or intended now or hereafter so to be; , or which Trustor Borrower may be or may hereafter become bound to convey or assign to BeneficiaryLender, or for carrying out the intention or facilitating the performance of the terms of this Deed of TrustMortgage, or for filing, registering or recording this Deed of Trust Mortgage or for facilitating the sale and transfer of the Loan and the Loan DocumentsDocuments in connection with a Secondary Market Transaction as described in Section 9.1 of the Loan Agreement. Upon foreclosure, the appointment of a receiver or any other relevant action, Trustor Borrower shall, at its sole cost, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the operation of the Trust Property. Upon the occurrence and during the continuance of any Event of Default, Trustor Borrower grants to Beneficiary Lender an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Beneficiary Lender at law and in equity, including such rights and remedies available to Beneficiary Lender pursuant to this paragraph. Notwithstanding anything to the contrary in the immediately preceding sentence, Beneficiary Lender shall not execute any document as attorney attorney-in-fact of Trustor Borrower unless (x) Trustor Borrower shall have failed or refused to execute the same within five (5) Business Days after BeneficiaryLender's request therefor, or (y) in BeneficiaryLender's good faith determination it would be materially prejudiced by the delay involved in making such a request. Beneficiary Lender shall give prompt notice to Trustor Borrower of any exercise of the power of attorney as provided for in this paragraphParagraph 7, along with copies of all documents executed in connection therewith.

Further Acts, etc. Trustor Grantor shall, at its sole cost, duly do execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, transfers and assurances as Beneficiary shall, from time to time, require, for the better assuring, conveying, assigning, transferring, and confirming unto Beneficiary the property and rights hereby mortgaged, given, granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, pledged, assigned and hypothecated or intended now or hereafter so to be; , or which Trustor Grantor may be or may hereafter become bound to convey or assign to Beneficiary, or for carrying out the intention or facilitating the performance of the terms of this Deed of Trusttrust, or for filing, registering or recording this Deed of Trust or for facilitating the sale and transfer of the Loan and the Loan DocumentsDocuments in connection with a "Secondary Market Transaction" as described in Section 9.1 of the Loan Agreement. Upon foreclosure, the appointment of a receiver or any other relevant action, Trustor Grantor shall, at its sole cost, cooperate fully and completely to effect the assignment or transfer of any license, permit, agreement or any other right necessary or useful to the operation of the Trust Property. Upon the occurrence and during the continuance of any Event of Default, Trustor Grantor grants to Beneficiary an irrevocable power of attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and remedies available to Beneficiary at law and in equity, including such rights and remedies available to Beneficiary pursuant to this paragraph. Notwithstanding anything to the contrary in the immediately preceding sentence, Beneficiary shall not execute any document as attorney attorney-in-fact of Trustor Grantor unless (x) Trustor Grantor shall have failed or refused to execute the same within with five (5) Business Days after Beneficiary's request therefortherefore, or (y) in Beneficiary's good faith determination it would be materially prejudiced by the delay involved in making such a request. Beneficiary shall give prompt notice to Trustor of any exercise of the power of attorney as provided for in this paragraph, along with copies of all documents executed in connection therewith.