Common use of Possession and Delivery of Collateral Clause in Contracts

Possession and Delivery of Collateral. It shall not be necessary for the Beneficiary or the Trustee to have physically present or constructively in its possession any of the Collateral at any foreclosure sale, and the Trustor shall deliver to the purchasers at such sale on the date of sale the Collateral purchased by such purchasers at such sale, and if it should be impossible or impracticable for any of such purchasers to take actual delivery of the Collateral, then the title and right of possession to the Collateral shall pass to the purchaser at such sale as completely as if the same had been actually present and delivered.

Appears in 3 contracts

Samples: Loan Agreement (Gryphon Gold Corp), Deed of Trust (Santa Fe Gold CORP), Deed of Trust (Santa Fe Gold CORP)

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Possession and Delivery of Collateral. It shall not be necessary for the Beneficiary or the Trustee Lender to have physically present or constructively in its possession any of the Collateral at any foreclosure sale, and the Trustor Grantor shall deliver to the purchasers at such sale on the date of sale the Collateral purchased by such purchasers at such sale, and if it should be impossible or impracticable for any of such purchasers to take actual delivery of the Collateral, then the title and right of possession to the Collateral shall pass to the purchaser at such sale as completely as if the same had been actually present and delivered.

Appears in 1 contract

Samples: Mortgage, Security Agreement, Assignment of Production, Rents and Leasehold Interests and Financing Statement (Santa Fe Gold CORP)

Possession and Delivery of Collateral. It shall not be ------------------------------------- necessary for the Beneficiary or the Trustee to have physically present or constructively in its possession any of the Collateral at any foreclosure sale, and the Trustor shall deliver to the purchasers at such sale on the date of sale the Collateral purchased by such purchasers at such sale, and if it should be impossible or impracticable for any of such purchasers to take actual delivery of the Collateral, then the title and right of possession to the Collateral shall pass to the purchaser at such sale as completely as if the same had been actually present and delivered.

Appears in 1 contract

Samples: Loan Agreement (Royal Gold Inc /De/)

Possession and Delivery of Collateral. It shall not be necessary for the Beneficiary or the Trustee Debenture Mortgagees to have physically present or constructively in its their possession any of the Collateral at any foreclosure sale, and the Trustor Mortgagor shall deliver to the purchasers at such sale on the date of sale the Collateral purchased by such purchasers at such sale, and if it should be impossible or impracticable for any of such purchasers to take actual delivery of the Collateral, then the title and right of possession to the Collateral shall pass to the purchaser at such sale as completely as if the same had been actually present and delivered.

Appears in 1 contract

Samples: Mortgage, Assignment of Proceeds, Security Agreement and Financing Statement (Pease Oil & Gas Co /Co/)

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Possession and Delivery of Collateral. It shall not be necessary for the Beneficiary or the Trustee to have physically present or constructively in its possession any of the Collateral at any foreclosure sale, and the Trustor Grantors shall deliver to the purchasers at such sale on the date of sale the Collateral purchased by such purchasers at such sale, and if it should be impossible or impracticable for any of such purchasers to take actual delivery of the Collateral, then the title and right of possession to the Collateral shall pass to the purchaser at such sale as completely as if the same had been actually present and delivered.

Appears in 1 contract

Samples: Deed of Trust (Westmountain Gold, Inc.)

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