Common use of Performance by Beneficiary Clause in Contracts

Performance by Beneficiary. If Grantor shall default in the payment, performance or observance of any term, covenant or condition of this Deed of Trust or the Note, Beneficiary may, at its option, pay, perform or observe the same, and all payments made or costs or expenses incurred by Beneficiary in connection therewith, shall be secured hereby and shall be, without demand, immediately repaid by Grantor to Beneficiary with interest thereon at the default rate provided in the Note. Beneficiary shall be the sole judge of the necessity for any such actions and of the amounts to be paid. Beneficiary is hereby empowered to enter and to authorize others to enter upon the Premises or any part thereof for the purpose of performing or observing any such defaulted term, covenant or condition without thereby becoming liable to Grantor or any person in possession holding under Grantor.

Appears in 1 contract

Samples: Bf Enterprises Inc

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Performance by Beneficiary. If Grantor shall default in the payment, performance or observance of any term, covenant or condition of this Deed of Trust or the NoteTrust, Beneficiary may, at its option, pay, perform or observe the same, and all payments made or costs or expenses incurred by Beneficiary in connection therewith, with interest thereon at the interest rate provided in the Note, shall be secured hereby and shall be, without demand, immediately repaid (subject to the limitations set forth in Sections 1.2 and 3.11) by Grantor to Beneficiary with interest thereon at the default rate provided in the NoteBeneficiary. Beneficiary shall be the sole judge of the necessity for of any such actions and of the amounts to be paid. Beneficiary is hereby empowered to enter and to authorize others to enter upon the Premises Premises, or any part thereof thereof, for the purpose of performing or observing any such defaulted term, covenant or condition without thereby becoming liable to Grantor or any person in possession holding under Grantor.

Appears in 1 contract

Samples: Trust and Security Agreement (American Woodmark Corp)

Performance by Beneficiary. If Grantor there shall default be a Default or Event of Default in the payment, performance or observance of any term, covenant or condition of this Deed of Trust or the NoteInstrument, Beneficiary may, so long as such Default or Event of Default continues, at its option, pay, perform or observe the same, and all payments made or costs or expenses incurred by Beneficiary in connection therewith, shall be secured hereby and shall be, without upon demand, immediately repaid by Grantor to Beneficiary with interest thereon at the default rate provided in the NoteDefault Rate. Beneficiary shall be the sole judge of the necessity for any such actions and of the amounts to be paid. Beneficiary is hereby empowered to enter and to authorize others to enter upon the Premises Land or any part thereof for the purpose of performing or observing any such defaulted term, covenant or condition without thereby becoming liable to Grantor or any person in possession holding under Grantor.

Appears in 1 contract

Samples: Financing Statement (Carter Validus Mission Critical REIT, Inc.)

Performance by Beneficiary. If Borrower and/or Grantor shall default in the payment, performance or observance of any term, covenant or condition of this Deed of Trust or the NoteTrust, Beneficiary may, at its option, pay, perform or observe the same, and all reasonable payments made or costs or expenses incurred by Beneficiary in connection therewith, with interest thereon at the Maximum Rate provided in the Promissory Notes, shall be secured hereby and shall be, without upon written demand, immediately repaid by Borrower and/or Grantor to Beneficiary with interest thereon at the default rate provided in the NoteBeneficiary. Beneficiary shall be the sole judge of the necessity for any such actions and of the amounts to be paid. Beneficiary is hereby empowered to enter and to authorize others to enter upon the Premises or any part thereof for the purpose of performing or observing any such defaulted term, covenant or condition without thereby becoming liable to Grantor or any person in possession holding under Grantor.

Appears in 1 contract

Samples: Credit Agreement (Packaged Ice Inc)

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Performance by Beneficiary. If Grantor Grantors shall default in the payment, performance or observance of any term, covenant or condition of this Deed of Trust or the NoteTrust, Beneficiary may, at its option, pay, perform or observe the same, and all payments made or costs or expenses incurred by Beneficiary in connection therewith, with interest thereon at two percent (2%) in excess of the rate provided in the Note or at the maximum rate from time to time allowed by applicable law, whichever is less, shall be secured hereby and shall be, without demand, immediately repaid by Grantor Grantors to Beneficiary with interest thereon at the default rate provided in the NoteBeneficiary. Beneficiary shall be the sole judge of the necessity for any such actions and of the amounts to be paid. Beneficiary is hereby empowered to enter and to authorize others to enter upon the Premises or any part thereof for the purpose of performing or observing any such defaulted term, covenant or condition without thereby becoming liable to Grantor Grantors or any person in possession holding under GrantorGrantors. Notwithstanding anything to the contrary herein, Beneficiary shall have no obligation, explicit or implied to pay, perform, or observe any term, covenant, or condition.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement (Azur International, Inc.)

Performance by Beneficiary. If Grantor shall default in the payment, performance or observance of any term, covenant or condition of this Deed of Trust or the NoteTrust, Beneficiary may, at its option, pay, perform or observe the same, and all payments made or costs or expenses incurred by Beneficiary in connection therewith, with interest thereon at the interest rate provided in the Note, shall be secured hereby and shall be, without demand, immediately repaid (subject to the limitations set forth in Sections 1.2 and 3.11) by Grantor to Beneficiary with interest thereon at the default rate provided in the NoteBeneficiary. Beneficiary shall be the sole judge of the necessity for of any such actions and of the amounts to be paid. Beneficiary is hereby empowered to enter and to authorize others to enter upon the Premises Premises, or any part thereof thereof, for the purpose of performing or observing any such defaulted term, covenant or condition without thereby becoming liable to Grantor or any person in possession holding under Grantor.. 2.5

Appears in 1 contract

Samples: Trust and Security Agreement

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