Common use of Other Matters Concerning Sales Clause in Contracts

Other Matters Concerning Sales. (a) Trustee or Beneficiary may adjourn from time to time any sale by it to be made hereunder or by virtue hereof by announcement at the time and place appointed for such sale or for such adjourned sale or sales; and, except as otherwise provided by any applicable provision of law, Trustee or Beneficiary, as the case may be, without further notice or publication, may make such sale at the time and place to which the same shall be so adjourned. (b) Upon the completion of any sale or sales made by Trustee or Beneficiary, as the case may be, under or by virtue of this Article II, Trustee, or an officer of any court empowered to do so, shall execute and deliver to the accepted purchaser or purchasers a good and sufficient instrument or instruments conveying, assigning and transferring all estate, right, title and interest in and to the property and rights sold. Trustee is hereby appointed the true and lawful attorney irrevocable of Grantor, in its name and stead, to make all necessary conveyances, assignments, transfers and deliveries of the Mortgaged Property and rights so sold and for that purpose Trustee may execute all necessary instruments of conveyance, assignment and transfer, and may substitute one or more persons with like power, Grantor hereby ratifying and confirming all that its said attorney or such substitute or substitutes shall lawfully do by virtue hereof. Nevertheless, Grantor, if requested by Trustee or Beneficiary, shall ratify and confirm any such sale or sales by executing and delivering to Trustee or to such purchaser or purchasers all such instruments as may be advisable, in the judgment of Trustee or Beneficiary, for the purpose, and as may be designated in such request. Any such sale or sales made under or by virtue of this Article II, whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, shall operate to divest all the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of Grantor in and to the properties and rights so sold, and shall be a perpetual bar both at law and in equity against Grantor and against any and all persons claiming or who may claim the same, or any part thereof from, through or under Grantor. (c) In the event of any sale or sales made under or by virtue of this Article II (whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale), the entire principal of, and interest and other sums on, the Note, if not previously due and payable, and all other sums required to be paid by Grantor pursuant hereto, immediately thereupon shall, anything in any of said documents (other than Section 4.08 hereof) to the contrary notwithstanding, become due and payable. (d) The purchase money, proceeds or avails of any sale or sales made under or by virtue of this Article II, together with any other sums which then may be held by Trustee or Beneficiary hereunder, whether under the provisions of this Article II or otherwise, shall be applied as follows:

Other Matters Concerning Sales. (a) Trustee or Beneficiary Mortgagee may adjourn from time to time any sale by it to be made hereunder or by virtue hereof by announcement at the time and place appointed for such sale or for such adjourned sale or sales; and, except as otherwise provided by any applicable provision of law, Trustee or Beneficiary, as the case may beMortgagee, without further notice or publication, may make such sale at the time and place to which the same shall be so adjourned. (b) Upon the completion of any sale or sales made by Trustee or Beneficiary, as the case may be, Mortgagee under or by virtue of this Article II, TrusteeMortgagee, or an officer of any court empowered to do so, shall execute and deliver to the accepted purchaser or purchasers a good and sufficient instrument or instruments conveying, assigning and transferring all estate, right, title and interest in and to the property and rights sold. Trustee Mortgagee is hereby appointed the true and lawful attorney irrevocable of GrantorMortgagor, in its name and stead, to make all necessary conveyances, assignments, transfers and deliveries of the Mortgaged Property and rights so sold and for that purpose Trustee Mortgagee may execute all necessary instruments of conveyance, assignment and transfer, and may substitute one or more persons with like power, Grantor Mortgagor hereby ratifying and confirming all that its said attorney or such substitute or substitutes shall lawfully do by virtue hereof. Nevertheless, GrantorMortgagor, if requested by Trustee or BeneficiaryMortgagee, shall ratify and confirm any such sale or sales by executing and delivering to Trustee Mortgagee or to such purchaser or purchasers all such instruments as may be advisable, in the judgment of Trustee or BeneficiaryMortgagee, for the purpose, and as may be designated in such request. Any such sale or sales made under or by virtue of this Article II, whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, shall operate to divest all the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of Grantor Mortgagor in and to the properties and rights so sold, and shall be a perpetual bar both at law and in equity against Grantor Mortgagor and against any and all persons claiming or who may claim the same, or any part thereof from, through or under GrantorMortgagor. (c) In the event of any sale or sales made under or by virtue of this Article II (whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale), the entire principal of, and interest and other sums on, the Note, if not previously due and payable, and all other sums required to be paid by Grantor Mortgagor pursuant hereto, immediately thereupon shall, anything in any of said documents (other than Section 4.08 hereof) to the contrary notwithstanding, become due and payable. (d) The purchase money, proceeds or avails of any sale or sales made under or by virtue of this Article II, together with any other sums which then may be held by Trustee or Beneficiary Mortgagee hereunder, whether under the provisions of this Article II or otherwise, shall be applied as follows:

Other Matters Concerning Sales. (a) Trustee or Beneficiary Mortgagee may adjourn from time to time any sale by it to be made hereunder or by virtue hereof by announcement at the time and place appointed for such sale or for such adjourned sale or sales; and, except as otherwise provided by any applicable provision of law, Trustee or Beneficiary, as the case may beMortgagee, without further notice or publication, may make such sale at the time and place to which the same shall be so adjourned. (b) Upon the completion of any sale or sales made by Trustee or Beneficiary, as the case may be, Mortgagee under or by virtue of this Article II, TrusteeMortgagee, or an officer of any court empowered to do so, shall execute and deliver to the accepted purchaser or purchasers a good and sufficient instrument or instruments conveying, assigning and transferring all estate, right, title and interest in and to the property and rights sold. Trustee Mortgagee is hereby appointed the true and lawful attorney irrevocable of GrantorMortgagor, in its name and stead, to make all necessary conveyances, assignments, transfers and deliveries of the Mortgaged Property and rights so sold and for that purpose Trustee Mortgagee may execute all necessary instruments of conveyance, assignment and transfer, and may substitute one or more persons with like power, Grantor Mortgagor hereby ratifying and confirming all that its said attorney or such substitute or substitutes shall lawfully do by virtue hereof. Nevertheless, GrantorMortgagor, if requested by Trustee or BeneficiaryMortgagee, shall ratify and confirm any such sale or sales by executing and delivering to Trustee Mortgagee or to such purchaser or purchasers all such instruments as may be advisable, in the judgment of Trustee or BeneficiaryMortgagee, for the purpose, and as may be designated in such request. Any such sale or sales made under or by virtue of this Article II, whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, shall operate to divest all the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of Grantor Mortgagor in and to the properties and rights so sold, and shall be a perpetual bar both at law and in equity against Grantor Mortgagor and against any and all persons claiming or who may claim the same, or any part thereof from, through or under GrantorMortgagor. (c) In the event of any sale or sales made under or by virtue of this Article II (whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale), the entire principal of, and interest and other sums on, the NoteMortgagor Notes, if not previously due and payable, and all other sums required to be paid by Grantor Mortgagor pursuant hereto, to the Loan Agreement, or the Guaranty, immediately thereupon shall, anything in any of said documents (other than Section 4.08 hereof) to the contrary notwithstanding, become due and payable. (d) The purchase money, proceeds or avails of any sale or sales made under or by virtue of this Article II, together with any other sums which then may be held by Trustee or Beneficiary Mortgagee hereunder, whether under the provisions of this Article II or otherwise, shall be applied as follows:

Other Matters Concerning Sales. (a) Trustee or Beneficiary Mortgagee may adjourn from time to time any sale by it to be made hereunder or by virtue hereof by announcement at the time and place appointed for such sale or for such adjourned sale or sales; and, except as otherwise provided by any applicable provision of law, Trustee or Beneficiary, as the case may beMortgagee, without further notice or publication, may make such sale at the time and place to which the same shall be so adjourned. (b) Upon the completion of any sale or sales made by Trustee or Beneficiary, as the case may be, Mortgagee under or by virtue of this Article II, TrusteeMortgagee, or an officer of any court empowered to do so, shall execute and deliver to the accepted purchaser or purchasers a good and sufficient instrument or instruments conveying, assigning and transferring all estate, right, title and interest in and to the property and rights sold. Trustee is hereby appointed the true and lawful attorney irrevocable of Grantor, in its name and stead, to make all necessary conveyances, assignments, transfers and deliveries of the Mortgaged Property and rights so sold and for that purpose Trustee may execute all necessary instruments of conveyance, assignment and transfer, and may substitute one or more persons with like power, Grantor hereby ratifying and confirming all that its said attorney or such substitute or substitutes shall lawfully do by virtue hereof. Nevertheless, GrantorMortgagor, if requested by Trustee or BeneficiaryMortgagee, shall ratify and confirm any such sale or sales by executing and delivering to Trustee Mortgagee or to such purchaser or purchasers all such instruments as may be advisable, in the judgment of Trustee or BeneficiaryMortgagee, for the purpose, and as may be designated in such request. Any such sale or sales made under or by virtue of this Article II, whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, shall operate to divest all the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of Grantor Mortgagor in and to the properties and rights so sold, and shall be a perpetual bar both at law and in equity against Grantor Mortgagor and against any and all persons claiming or who may claim the same, or any part thereof from, through or under GrantorMortgagor. (c) In the event of any sale or sales made under or by virtue of this Article II (whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale), the entire principal of, and interest and other sums on, the Note, if not previously due and payable, and all other sums required to be paid by Grantor Mortgagor pursuant hereto, hereto or to the Guaranty immediately thereupon shall, anything in any of said documents (other than Section 4.08 hereof) to the contrary notwithstanding, become due and payable. (d) The purchase money, proceeds or avails of any sale or sales made under or by virtue of this Article II, together with any other sums which then may be held by Trustee or Beneficiary Mortgagee hereunder, whether under the provisions of this Article II or otherwise, shall be applied as follows:in accordance with the terms and provisions of Section 7.05 of the Common Agreement. (e) Upon any sale or sales made under or by virtue of this Article II, whether made under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, Mortgagee may (at the request of the Required Secured Counterparties), subject to Section 7.02(b) of the Common Agreement, bid for and acquire the Mortgaged Property or any part thereof and in lieu of paying cash therefor may make settlement for the purchase price by crediting upon the obligations secured hereby the net sales price after deducting therefrom the expenses of the sale and the costs of the action and any other sums which Mortgagee is authorized to deduct hereunder.

Other Matters Concerning Sales. (a) Trustee or Beneficiary ------------------------------ may adjourn from time to time any sale by it to be made hereunder or by virtue hereof by announcement at the time and place appointed for such sale or for such adjourned sale or sales; and, except as otherwise provided by any applicable provision of law, Trustee or Beneficiary, as the case may be, without further notice or publication, may make such sale at the time and place to which the same shall be so adjourned. (b) Upon the completion of any sale or sales made by Trustee or Beneficiary, as the case may be, under or by virtue of this Article II, Trustee, or an officer of any court empowered to do so, shall execute and deliver to the accepted purchaser or purchasers a good and sufficient instrument or instruments conveying, assigning and transferring all estate, right, title and interest in and to the property and rights sold. Trustee is hereby appointed the true and lawful attorney irrevocable of Grantor, in its name and stead, to make all necessary conveyances, assignments, transfers and deliveries of the Mortgaged Property and rights so sold and for that purpose Trustee may execute all necessary instruments of conveyance, assignment and transfer, and may substitute one or more persons with like power, Grantor hereby ratifying and confirming all that its said attorney or such substitute or substitutes shall lawfully do by virtue hereof. Nevertheless, Grantor, if requested by Trustee or Beneficiary, shall ratify and confirm any such sale or sales by executing and delivering to Trustee or to such purchaser or purchasers all such instruments as may be advisable, in the judgment of Trustee or Beneficiary, for the purpose, and as may be designated in such request. Any such sale or sales made under or by virtue of this Article II, whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, shall operate to divest all the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of Grantor in and to the properties and rights so sold, and shall be a perpetual bar both at law and in equity against Grantor and against any and all persons claiming or who may claim the same, or any part thereof from, through or under Grantor. (c) In the event of any sale or sales made under or by virtue of this Article II (whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale), the entire principal of, and interest and other sums on, the Note, if not previously due and payable, and all other sums required to be paid by Grantor pursuant hereto, immediately thereupon shall, anything in any of said documents (other than Section 4.08 hereof) to the contrary notwithstanding, become due and payable. (d) The purchase money, proceeds or avails of any sale or sales made under or by virtue of this Article II, together with any other sums which then may be held by Trustee or Beneficiary hereunder, whether under the provisions of this Article II or otherwise, shall be applied as follows:

Other Matters Concerning Sales. (a) Trustee or Beneficiary Mortgagee may adjourn from time to time any sale by it to be made hereunder or by virtue hereof by announcement at the time and place appointed for such sale or for such adjourned sale or sales; and, except as otherwise provided by any applicable provision of law, Trustee or Beneficiary, as the case may beMortgagee, without further notice or publication, may make such sale at the time and place to which the same shall be so adjourned. (ba) Upon the completion of any sale or sales made by Trustee or Beneficiary, as the case may be, Mortgagee under or by virtue of this Article II, TrusteeMortgagee, or an officer of any court empowered to do so, shall execute and deliver to the accepted purchaser or purchasers a good and sufficient instrument or instruments conveying, assigning and transferring all estate, right, title and interest in and to the property and rights sold. Trustee Mortgagee is hereby appointed the true and lawful attorney irrevocable of GrantorMortgagor, in its name and stead, to make all necessary conveyances, assignments, transfers and deliveries of the Mortgaged Property and rights so sold and for that purpose Trustee Mortgagee may execute all necessary instruments of conveyance, assignment and transfer, and may substitute one or more persons with like power, Grantor Mortgagor hereby ratifying and confirming all that its said attorney or such substitute or substitutes shall lawfully do by virtue hereof. Nevertheless, GrantorMortgagor, if requested by Trustee or BeneficiaryMortgagee, shall ratify and confirm any such sale or sales by executing and delivering to Trustee Mortgagee or to such purchaser or purchasers all such instruments as may be advisable, in the judgment of Trustee or BeneficiaryMortgagee, for the purpose, and as may be designated in such request. Any such sale or sales made under or by virtue of this Article II, whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, shall operate to divest all the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of Grantor Mortgagor in and to the properties and rights so sold, and shall be a perpetual bar both at law and in equity against Grantor Mortgagor and against any and all persons claiming or who may claim the same, or any part thereof from, through or under GrantorMortgagor. (cb) In the event of any sale or sales made under or by virtue of this Article II (whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale), the entire principal of, and interest and other sums on, the NoteMortgagor Notes, if not previously due and payable, and all other sums required to be paid by Grantor Mortgagor pursuant hereto, to the Loan Agreement immediately thereupon shall, anything in any of said documents (other than Section 4.08 hereof) to the contrary notwithstanding, become due and payable. (dc) The purchase money, proceeds or avails of any sale or sales made under or by virtue of this Article II, together with any other sums which then may be held by Trustee or Beneficiary Mortgagee hereunder, whether under the provisions of this Article II or otherwise, shall be applied as follows:

Other Matters Concerning Sales. (a) Trustee or Beneficiary Mortgagee may adjourn from time to time any sale by it to be made hereunder or by virtue hereof by announcement at the time and place appointed for such sale or for such adjourned sale or sales; and, except as otherwise provided by any applicable provision of law, Trustee or Beneficiary, as the case may beMortgagee, without further notice or publication, may make such sale at the time and place to which the same shall be so adjourned. (b) Upon the completion of any sale or sales made by Trustee or Beneficiary, as the case may be, Mortgagee under or by virtue of this Article II, TrusteeMortgagee, or an officer of any court empowered to do so, shall execute and deliver to the accepted purchaser or purchasers a good and sufficient instrument or instruments conveying, assigning and transferring all estate, right, title and interest in and to the property and rights sold. Trustee Mortgagee is hereby appointed the true and lawful attorney irrevocable of GrantorMortgagor, in its name and stead, to make all necessary conveyances, assignments, transfers and deliveries of the Mortgaged Property and rights so sold and for that purpose Trustee Mortgagee may execute all necessary instruments of conveyance, assignment and transfer, and may substitute one or more persons with like power, Grantor Mortgagor hereby ratifying and confirming all that its said attorney or such substitute or substitutes shall lawfully do by virtue hereof. Nevertheless, GrantorMortgagor, if requested by Trustee or BeneficiaryMortgagee, shall ratify and confirm any such sale or sales by executing and delivering to Trustee Mortgagee or to such purchaser or purchasers all such instruments as may be advisable, in the judgment of Trustee or BeneficiaryMortgagee, for the purpose, and as may be designated in such request. Any such sale or sales made under or by virtue of this Article II, whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, shall operate to divest all the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of Grantor Mortgagor in and to the properties and rights so sold, and shall be a perpetual bar both at law and in equity against Grantor Mortgagor and against any and all persons claiming or who may claim the same, or any part thereof from, through or under GrantorMortgagor. (c) In the event of any sale or sales made under or by virtue of this Article II (whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale), the entire principal of, and interest and other sums on, the Note, if not previously due and payable, and all other sums required to be paid by Grantor Mortgagor pursuant hereto, immediately thereupon shall, anything in any of said documents (other than Section 4.08 3.08 hereof) to the contrary notwithstanding, become due and payable. (d) The purchase money, proceeds or avails of any sale or sales made under or by virtue of this Article II, together with any other sums which then may be held by Trustee or Beneficiary Mortgagee hereunder, whether under the provisions of this Article II or otherwise, shall be applied as follows:

Other Matters Concerning Sales. (a) Trustee or Beneficiary may adjourn from time to time any sale by it to be made hereunder or by virtue hereof by announcement at the time and place appointed for such sale or for such adjourned sale or sales; and, except as otherwise provided by any applicable provision of law, Trustee or Beneficiary, as the case may be, without further notice or publication, may make such sale at the time and place to which the same shall be so adjourned. (b) Upon the completion of any sale or sales made by Trustee or Beneficiary, as the case may be, under or by virtue of this Article II, Trustee, or an officer of any court empowered to do so, shall execute and deliver to the accepted purchaser or purchasers a good and sufficient instrument or instruments conveying, assigning and transferring all estate, right, title and interest in and to the property and rights sold. Trustee is hereby appointed the true and lawful attorney irrevocable of Grantor, in its name and stead, to make all necessary conveyances, assignments, transfers and deliveries of the Mortgaged Property and rights so sold and for that purpose Trustee may execute all necessary instruments of conveyance, assignment and transfer, and may substitute one or more persons with like power, Grantor hereby ratifying and confirming all that its said attorney or such substitute or substitutes shall lawfully do by virtue hereof. Nevertheless, Grantor, if requested by Trustee or Beneficiary, shall ratify and confirm any such sale or sales by executing and delivering to Trustee or to such purchaser or purchasers all such instruments as may be advisable, in the judgment of Trustee or Beneficiary, for the purpose, and as may be designated in such request. Any such sale or sales made under or by virtue of this Article II, whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, shall operate to divest all the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of Grantor in and to the properties and rights so sold, and shall be a perpetual bar both at law and in equity against Grantor and against any and all persons claiming or who may claim the same, or any part thereof from, through or under Grantor. (c) In the event of any sale or sales made under or by virtue of this Article II (whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale), the entire principal of, and interest and other sums on, the Note, if not previously due and payable, and all other sums required to be paid by Grantor pursuant heretohereto or to any of the other Loan Documents, immediately thereupon shall, anything in any of said documents (other than Section 4.08 hereof) to the contrary notwithstanding, become due and payable. (d) The purchase money, proceeds or avails of any sale or sales made under or by virtue of this Article II, together with any other sums which then may be held by Trustee or Beneficiary hereunder, whether under the provisions of this Article II or otherwise, shall be applied as follows:

Other Matters Concerning Sales. (a) Trustee or Beneficiary Mortgagee may adjourn from time to time any sale by it to be made hereunder or by virtue hereof by announcement at the time and place appointed for such sale or for such adjourned sale or sales; and, except as otherwise provided by any applicable provision of law, Trustee or Beneficiary, as the case may beMortgagee, without further notice or publication, may make such sale at the time and place to which the same shall be so adjourned. (b) Upon the completion of any sale or sales made by Trustee or Beneficiary, as the case may be, Mortgagee under or by virtue of this Article II, TrusteeMortgagee, or an officer of any court empowered to do so, shall execute and deliver to the accepted purchaser or purchasers a good and sufficient instrument or instruments conveying, assigning and transferring all estate, right, title and interest in and to the property and rights sold. Trustee Mortgagee is hereby appointed the true and lawful attorney irrevocable of GrantorMortgagor, in its name and stead, to make all necessary conveyances, assignments, transfers and deliveries of the Mortgaged Property and rights so sold and for that purpose Trustee Mortgagee may execute all necessary instruments of conveyance, assignment and transfer, and may substitute one or more persons with like power, Grantor Mortgagor hereby ratifying and confirming all that its said attorney or such substitute or substitutes shall lawfully do by virtue hereof. Nevertheless, GrantorMortgagor, if requested by Trustee or BeneficiaryMortgagee, shall ratify and confirm any such sale or sales by executing and delivering to Trustee Mortgagee or to such purchaser or purchasers all such instruments as may be advisable, in the judgment of Trustee or BeneficiaryMortgagee, for the purpose, and as may be designated in such request. Any such sale or sales made under or by virtue of this Article II, whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, shall operate to divest all the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of Grantor Mortgagor in and to the properties and rights so sold, and shall be a perpetual bar both at law and in equity against Grantor Mortgagor and against any and all persons claiming or who may claim the same, or any part thereof from, through or under GrantorMortgagor. (c) In the event of any sale or sales made under or by virtue of this Article II (whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale), the entire principal of, and interest and Additional Interest and other sums on, the Note, if not previously due and payable, and all other sums required to be paid by Grantor Mortgagor pursuant heretohereto or to the Loan Agreement, immediately thereupon shall, anything in any of said documents (other than Section 4.08 hereof) to the contrary notwithstanding, become due and payable. (d) The purchase money, proceeds or avails of any sale or sales made under or by virtue of this Article II, together with any other sums which then may be held by Trustee or Beneficiary Mortgagee hereunder, whether under the provisions of this Article II or otherwise, shall be applied as follows:

Other Matters Concerning Sales. (a) Trustee or Beneficiary Mortgagee may adjourn from time to time any sale by it to be made hereunder or by virtue hereof by announcement at the time and place appointed for such sale or for such adjourned sale or sales; and, except as otherwise provided by any applicable provision of law, Trustee or Beneficiary, as the case may beMortgagee, without further notice or publication, may make such sale at the time and place to which the same shall be so adjourned. (b) . Upon the completion of any sale or sales made by Trustee or Beneficiary, as the case may be, Mortgagee under or by virtue of this Article II, TrusteeMortgagee, or an officer of any court empowered to do so, shall execute and deliver to the accepted purchaser or purchasers a good and sufficient instrument or instruments conveying, assigning and transferring all estate, right, title and interest in and to the property and rights sold. Trustee Mortgagee is hereby appointed the true and lawful attorney irrevocable of GrantorMortgagor, in its name and stead, to make all necessary conveyances, assignments, transfers and deliveries of the Mortgaged Property and rights so sold and for that purpose Trustee Mortgagee may execute all necessary instruments of conveyance, assignment and transfer, and may substitute one or more persons with like power, Grantor Mortgagor hereby ratifying and confirming all that its said attorney or such substitute or substitutes shall lawfully do by virtue hereof. Nevertheless, GrantorMortgagor, if requested by Trustee or BeneficiaryMortgagee, shall ratify and confirm any such sale or sales by executing and delivering to Trustee Mortgagee or to such purchaser or purchasers all such instruments as may be advisable, in the judgment of Trustee or BeneficiaryMortgagee, for the purpose, and as may be designated in such request. Any such sale or sales made under or by virtue of this Article II, whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, shall operate to divest all the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of Grantor Mortgagor in and to the properties and rights so sold, and shall be a perpetual bar both at law and in equity against Grantor Mortgagor and against any and all persons claiming or who may claim the same, or any part thereof from, through or under Grantor. (c) Mortgagor. In the event of any sale or sales made under or by virtue of this Article II (whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale), the entire principal of, and interest interest, Additional Interest, and other sums on, the Note, if not previously due and payable, and all other sums required to be paid by Grantor Mortgagor pursuant heretohereto or to the Note, immediately thereupon shall, anything in any of said documents (other than Section 4.08 hereof) to the contrary notwithstanding, become due and payable. (d) . The purchase money, proceeds or avails of any sale or sales made under or by virtue of this Article II, together with any other sums which then may be held by Trustee or Beneficiary Mortgagee hereunder, whether under the provisions of this Article II or otherwise, shall be applied as follows:

Other Matters Concerning Sales. (a) Trustee or Beneficiary Mortgagee may adjourn from time to time any sale by it to be made hereunder or by virtue hereof by announcement at the time and place appointed for such sale or for such adjourned sale or sales; and, except as otherwise provided by any applicable provision of law, Trustee or BeneficiaryMortgagee, as the case may be, 19 without further notice or publication, may make such sale at the time and place to which the same shall be so adjourned. (b) Upon the completion of any sale or sales made by Trustee or Beneficiary, as the case may be, Mortgagee under or by virtue of this Article II, TrusteeMortgagee, or an officer of any court empowered to do so, shall execute and deliver to the accepted purchaser or purchasers a good and sufficient instrument or instruments conveying, assigning and transferring all estate, right, title and interest in and to the property and rights sold. Trustee Mortgagee is hereby appointed the true and lawful attorney irrevocable of GrantorMortgagor, in its name and stead, to make all necessary conveyances, assignments, transfers and deliveries of the Mortgaged Property and rights so sold and for that purpose Trustee Mortgagee may execute all necessary instruments of conveyance, assignment and transfer, and may substitute one or more persons with like power, Grantor Mortgagor hereby ratifying and confirming all that its said attorney or such substitute or substitutes shall lawfully do by virtue hereof. Nevertheless, GrantorMortgagor, if requested by Trustee or BeneficiaryMortgagee, shall ratify and confirm any such sale or sales by executing and delivering to Trustee Mortgagee or to such purchaser or purchasers all such instruments as may be advisable, in the judgment of Trustee or BeneficiaryMortgagee, for the purpose, and as may be designated in such request. Any such sale or sales made under or by virtue of this Article II, whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, shall operate to divest all the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of Grantor Mortgagor in and to the properties and rights so sold, and shall be a perpetual bar both at law and in equity against Grantor Mortgagor and against any and all persons claiming or who may claim the same, or any part thereof from, through or under GrantorMortgagor. (c) In the event of any sale or sales made under or by virtue of this Article II (whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale), the entire principal of, and interest and other sums on, the Note, if not previously due and payable, and all other sums required to be paid by Grantor Mortgagor pursuant hereto, immediately thereupon shall, anything in any of said documents (other than Section 4.08 3.08 hereof) to the contrary notwithstanding, become due and payable. (d) The purchase money, proceeds or avails of any sale or sales made under or by virtue of this Article II, together with any other sums which then may be held by Trustee or Beneficiary Mortgagee hereunder, whether under the provisions of this Article II or otherwise, shall be applied as follows:

Other Matters Concerning Sales. (a) Trustee or Beneficiary Mortgagee may adjourn from time to time any sale by it to be made hereunder or by virtue hereof by announcement at the time and place appointed for such sale or for such adjourned sale or sales; and, except as otherwise provided by any applicable provision of law, Trustee or Beneficiary, as the case may beMortgagee, without further notice or publication, may make such sale at the time and place to which the same shall be so adjourned. (b) Upon the completion of any sale or sales made by Trustee or Beneficiary, as the case may be, Mortgagee under or by virtue of this Article II, TrusteeMortgagee, or an officer of any court empowered to do so, shall execute and deliver to the accepted purchaser or purchasers a good and sufficient instrument or instruments conveying, assigning and transferring all estate, right, title and interest in and to the property and rights sold. Trustee Mortgagee is hereby appointed the true and lawful attorney irrevocable of GrantorMortgagor, in its name and stead, to make all necessary conveyances, assignments, transfers and deliveries of the Mortgaged Property and rights so sold and for that purpose Trustee Mortgagee may execute all necessary instruments of conveyance, assignment and transfer, and may substitute one or more persons with like power, Grantor Mortgagor hereby ratifying and confirming all that its said attorney or such substitute or substitutes shall lawfully do by virtue hereof. Nevertheless, GrantorMortgagor, if requested by Trustee or BeneficiaryMortgagee, shall ratify and confirm any such sale or sales by executing and delivering to Trustee Mortgagee or to such purchaser or purchasers all such instruments as may be advisable, in the judgment of Trustee or BeneficiaryMortgagee, for the purpose, and as may be designated in such request. Any such sale or sales made under or by virtue of this Article II, whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, shall operate to divest all the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of Grantor Mortgagor in and to the properties and rights so sold, and shall be a perpetual bar both at law and in equity against Grantor Mortgagor and against any and all persons claiming or who may claim the same, or any part thereof from, through or under GrantorMortgagor. (c) In the event of any sale or sales made under or by virtue of this Article II (whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale), the entire principal of, and interest and other sums on, the NoteMortgagor Notes, if not previously due and payable, and all other sums required to be paid by Grantor Mortgagor pursuant hereto, to the Loan Agreement or the Guaranty immediately thereupon shall, anything in any of said documents (other than Section 4.08 hereof) to the contrary notwithstanding, become due and payable. (d) The purchase money, proceeds or avails of any sale or sales made under or by virtue of this Article II, together with any other sums which then may be held by Trustee or Beneficiary Mortgagee hereunder, whether under the provisions of this Article II or otherwise, shall be applied as follows:

Other Matters Concerning Sales. (a) Trustee or Beneficiary may adjourn from time to time any sale by it to be made hereunder or by virtue hereof by announcement at the time and place appointed for such sale or for such adjourned sale or sales; and, except as otherwise provided by any applicable provision of law, Trustee or Beneficiary, as the case may be, without further notice or publication, may make such sale at the time and place to which the same shall be so adjourned. (b) Upon the completion of any sale or sales made by Trustee or Beneficiary, as the case may be, under or by virtue of this Article II, Trustee, or an officer of any court empowered to do so, shall execute and deliver to the accepted purchaser or purchasers a good and sufficient instrument or instruments conveying, assigning and transferring all estate, right, title and interest in and to the property and rights sold. Trustee is hereby appointed the true and lawful attorney irrevocable of Grantor, in its name and stead, to make all necessary conveyances, assignments, transfers and deliveries of the Mortgaged Property and rights so sold and for that purpose Trustee may execute all necessary instruments of conveyance, assignment and transfer, and may substitute one or more persons with like power, Grantor hereby ratifying and confirming all that its said attorney or such substitute or substitutes shall lawfully do by virtue hereof. Nevertheless, Grantor, if requested by Trustee or Beneficiary, shall ratify and confirm any such sale or sales by executing and delivering to Trustee or to such purchaser or purchasers all such instruments as may be advisable, in the judgment of Trustee or Beneficiary, for the purpose, and as may be designated in such request. Any such sale or sales made under or by virtue of this Article II, whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, shall operate to divest all the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of Grantor in and to the properties and rights so sold, and shall be a perpetual bar both at law and in equity against Grantor and against any and all persons claiming or who may claim the same, or any part thereof from, through or under Grantor. (c) In the event of any sale or sales made under or by virtue of this Article II (whether made under the power of sale herein granted or under or by virtue of judicial proceedings proceedings, assent to a decree or of a judgment or decree of foreclosure and sale), the entire principal of, and interest and other sums on, the Note, if not previously due and payable, and all other sums required to be paid by Grantor pursuant hereto, immediately thereupon shall, anything in any of said documents (other than Section 4.08 hereof) to the contrary notwithstanding, become due and payable. (d) The purchase money, proceeds or avails of any sale or sales made under or by virtue of this Article II, together with any other sums which then may be held by Trustee or Beneficiary hereunder, whether under the provisions of this Article II or otherwise, shall be applied as follows:

Other Matters Concerning Sales. (a) Trustee or Beneficiary Mortgagee may adjourn from time to time any sale by it to be made hereunder or by virtue hereof by announcement at the time and place appointed for such sale or for such adjourned sale or sales; and, except as otherwise provided by any applicable provision of law, Trustee or Beneficiary, as the case may beMortgagee, without further notice or publication, may make such sale at the time and place to which the same shall be so adjourned. (ba) Upon the completion of any sale or sales made by Trustee or Beneficiary, as the case may be, Mortgagee under or by virtue of this Article II, TrusteeMortgagee, or an officer of any court empowered to do so, shall execute and deliver to the accepted purchaser or purchasers a good and sufficient instrument or instruments conveying, assigning and transferring all estate, right, title and interest in and to the property and rights sold. Trustee Mortgagee is hereby appointed the true and lawful attorney irrevocable of GrantorMortgagor, in its name and stead, to make all necessary conveyances, assignments, transfers and deliveries of the Mortgaged Property and rights so sold and for that purpose Trustee Mortgagee may execute all necessary instruments of conveyance, assignment and transfer, and may substitute one or more persons with like power, Grantor Mortgagor hereby ratifying and confirming all that its said attorney or such substitute or substitutes shall lawfully do by virtue hereof. Nevertheless, GrantorMortgagor, if requested by Trustee or BeneficiaryMortgagee, shall ratify and confirm any such sale or sales by executing and delivering to Trustee Mortgagee or to such purchaser or purchasers all such instruments as may be advisable, in the judgment of Trustee or BeneficiaryMortgagee, for the purpose, and as may be designated in such request. Any such sale or sales made under or by virtue of this Article II, whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, shall operate to divest all the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of Grantor Mortgagor in and to the properties and rights so sold, and shall be a perpetual bar both at law and in equity against Grantor Mortgagor and against any and all persons claiming or who may claim the same, or any part thereof from, through or under GrantorMortgagor. (cb) In the event of any sale or sales made under or by virtue of this Article II (whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale), the entire principal of, and interest and other sums on, the NoteMortgagor Notes, if not previously due and payable, and all other sums required to be paid by Grantor Mortgagor pursuant hereto, to the Loan Agreement, or the Guaranty, immediately thereupon shall, anything in any of said documents (other than Section 4.08 hereof) to the contrary notwithstanding, become due and payable. (dc) The purchase money, proceeds or avails of any sale or sales made under or by virtue of this Article II, together with any other sums which then may be held by Trustee or Beneficiary Mortgagee hereunder, whether under the provisions of this Article II or otherwise, shall be applied as follows: