Common use of Power of Sale and Other Remedies Clause in Contracts

Power of Sale and Other Remedies. (a) In addition to all other remedies provided for herein if a Lease Indenture Event of Default shall have occurred and be continuing, the Indenture Trustee shall, subject to Sections 4.3 and 4.4 and to provisions of Applicable Law, have the right(s) to (i) sell the Indenture Estate or any part of the Indenture Estate at one or more public sale or sales; or (ii) commence an action or actions to foreclose the lien of this Indenture as a mortgage; and/or (iii) specifically enforce any of the covenants and agreements hereof, in each case in order to pay the Secured Indebtedness, and all impositions, if any, with accrued interest thereon, and all expenses of the sale and of all proceedings in connection therewith, including reasonable attorney's fees, if incurred, and do any acts that it deems necessary or desirable to preserve the value, marketability or rentability of the Indenture Estate, or any part thereof or interest therein, increase the income therefrom or protect the security hereof. If the Indenture Trustee elects to exercise the power of sale herein contained, the Indenture Trustee shall cause to be recorded, published and delivered to the Owner Lessor such notice of sale as then required by Applicable Law. The Indenture Trustee shall, without demand on the Owner Lessor, after lapse of such time as may then be required by law and after recordation of such notice of sale and notice of sale having been given as required by Applicable Law, sell the Indenture Estate at the time and place of sale fixed by it in said notice of sale, either as a whole, or in separate lots or parcels or items as the Indenture Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. The Indenture Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including, without limitation, the Owner Lessor, may bid at and be a purchaser at any such sale. The Indenture Trustee shall apply the proceeds of sale as required by Applicable Law and in accordance with the terms of this Indenture. Subject to A.R.S. Section 33-810.B, the Indenture Trustee may postpone sale of all or any portion of the Indenture Estate by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement or subsequently noticed sale, and without further notice make such sale at the time fixed by the last postponement, or may, in its discretion, give a new notice of sale. The Owner Lessor hereby requests that a copy of any notice of default and any notice of sale hereunder be mailed to it at its address set forth in Section 9.5 of this Indenture. At any such public sale, the Indenture Trustee may execute and deliver to the purchaser a conveyance of the Indenture Estate or any part of the Indenture Estate, and to this end, the Owner Lessor hereby constitutes and appoints the Indenture Trustee the agent(s) and attorney(s) in fact of the Owner Lessor to make such sale and conveyance, and thereby to divest the Owner Lessor of all right, title or equity that the Owner Lessor may have in and to the Indenture Estate and to vest the same in the purchaser or purchasers at such sale or sales, and all the acts and doings of said agent and attorney in fact are hereby ratified and confirmed and any recitals in said conveyance or conveyances as to facts essential to a valid sale shall be binding upon the Owner Lessor. The aforesaid power of sale and agency hereby granted are coupled with an interest and are irrevocable by death or otherwise, are granted as cumulative of the other remedies provided hereby or by law for collection of the Secured Indebtedness and shall not be exhausted by one exercise thereof but may be exercised until full payment of the Secured Indebtedness. Further, if a Lease Indenture Event of Default shall have occurred and be continuing, the Indenture Trustee may, in addition to and not in abrogation of other rights and remedies provided in this Section, either with or without entry or taking possession as herein provided or otherwise, proceed by a suit or suits in law or in equity or by any other appropriate proceeding or remedy (i) to enforce payment of the Lessor Notes or the performance of any term, covenant, condition or agreement of this Indenture or any other right, and (ii) to pursue any other remedy available to it, all as the Indenture Trustee shall determine most effectual for such purposes. Upon any foreclosure sale, the Indenture Trustee may bid for and purchase the Indenture Estate and shall be entitled to apply all or any part of the Secured Indebtedness as a credit to the purchase price. In the event of a foreclosure sale of the Indenture Estate, the proceeds of said sale shall be applied as provided in Section 3.3 hereof. In the event of any such foreclosure sale by the Indenture Trustee, the Owner Lessor shall be deemed a tenant holding over and shall forthwith deliver possession to the purchaser or purchasers at such sale or be summarily dispossessed according to provisions of law applicable to tenants holding over. The Indenture Trustee, at the Indenture Trustee's option, is authorized to foreclose this Indenture subject to the rights of any tenants of the 49 Indenture Estate, and the failure to make any such tenants parties to any such foreclosure proceedings and to foreclose their rights will not be, nor be asserted to be by the Owner Lessor, a defense to any proceedings instituted by the Indenture Trustee to collect the Secured Indebtedness.

Power of Sale and Other Remedies. (a) In addition to all other remedies provided for herein if a Lease Indenture Event of Default shall have occurred and be continuing, the Indenture Trustee shall, subject to Sections 4.3 and 4.4 and to provisions of Applicable Law4.4, have the right(s) right to (i) sell foreclose this Indenture and to have a judicial sale of the Indenture Estate or any part of the Indenture Estate at one or more public sale or sales; or (ii) commence an action or actions to foreclose the lien of this Indenture as a mortgage; and/or (iii) specifically enforce any of the covenants and agreements hereof, in each case in order to pay the Secured Indebtedness, and all impositions, if any, with accrued interest thereon, and all expenses of the sale and of all proceedings in connection therewith, including reasonable attorney's fees, if incurred, and do any acts that it deems necessary or desirable to preserve the value, marketability or rentability of the Indenture Estate, or any part thereof or interest therein, increase the income therefrom or protect the security hereof. If the Indenture Trustee elects to exercise the power of sale herein contained, the Indenture Trustee shall cause to be recorded, published and delivered to the Owner Lessor such notice of sale as then required by Applicable Law. The Indenture Trustee shall, without demand on the Owner Lessor, after lapse of such time as may then be required by law and after recordation of such notice of sale and notice of sale having been given as required by Applicable Law, sell the Indenture Estate at the time and place of sale fixed by it in said notice of sale, either as a whole, or in separate lots or parcels or items as the Indenture Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. The Indenture Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including, without limitation, the Owner Lessor, may bid at and be a purchaser at any such sale. The Indenture Trustee shall apply the proceeds of sale as required by Applicable Law and in accordance with the terms of this Indenture. Subject to A.R.S. Section 33-810.B, the Indenture Trustee may postpone sale of all or any portion of the Indenture Estate by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement or subsequently noticed sale, and without further notice make such sale at the time fixed by the last postponement, or may, in its sole discretion, give a new notice of sale. The Owner Lessor hereby requests that a copy of any notice of default and any notice of sale hereunder be mailed to it at its address set forth in Section 9.5 of this Indenture. At with any such public sale, sale(s) to be under the Indenture Trustee may execute and deliver to the purchaser judgment or decree of a conveyance court of the Indenture Estate or any part of the Indenture Estate, and to this end, the Owner Lessor hereby constitutes and appoints the Indenture Trustee the agent(s) and attorney(s) in fact of the Owner Lessor to make such sale and conveyance, and thereby to divest the Owner Lessor of all right, title or equity that the Owner Lessor may have in and to the Indenture Estate and to vest the same in the purchaser or purchasers at such sale or sales, and all the acts and doings of said agent and attorney in fact are hereby ratified and confirmed and any recitals in said conveyance or conveyances as to facts essential to a valid sale shall be binding upon the Owner Lessor. The aforesaid power of sale and agency hereby granted are coupled with an interest and are irrevocable by death or otherwise, are granted as cumulative of the other remedies provided hereby or by law for collection of the Secured Indebtedness and shall not be exhausted by one exercise thereof but may be exercised until full payment of the Secured Indebtednesscompetent jurisdiction. Further, if a Lease Indenture Event of Default shall have occurred and be continuing, the Indenture Trustee may, in addition to and not in abrogation of other rights and remedies provided in this Section, either with or without entry or taking possession as herein provided or otherwise, proceed by a suit or suits in law or in equity or by any other appropriate proceeding or remedy (i) to enforce payment of the Lessor Notes or the performance of any term, covenant, condition or agreement of this Indenture or any other right, and (ii) to pursue any other remedy available to it, all as the Indenture Trustee shall determine most effectual for such purposes. Upon any foreclosure sale, the Indenture Trustee may bid for and purchase the Indenture Estate and shall be entitled to apply all or any part of the Secured Indebtedness as a credit to the purchase price. In the event of a foreclosure sale of the Indenture Estate, the proceeds of said sale shall be applied as provided in Section 3.3 hereof. In the event of any such foreclosure sale by the Indenture Trustee, the Owner Lessor shall be deemed a tenant holding over and shall forthwith deliver possession to the purchaser or purchasers at such sale or be summarily dispossessed according to provisions of law applicable to tenants holding over. The Indenture Trustee, at the Indenture Trustee's option, is authorized to foreclose this Indenture subject to the rights of any tenants of the 49 Indenture Estate, and the failure to make any such tenants parties to any such foreclosure proceedings and to foreclose their rights will not be, nor be asserted to be by the Owner Lessor, a defense to any proceedings instituted by the Indenture Trustee to collect the Secured Indebtedness.

Power of Sale and Other Remedies. (a) In addition to all other remedies provided for herein if a Lease Indenture Event of Default shall have occurred and be continuing, the Lease Indenture Trustee shall, subject to Sections 4.3 and 4.4 and to provisions of Applicable Law, shall have the right(s) right to (i) sell the Indenture Estate or any part of the Indenture Estate at one or more public sale or sales; or (ii) commence an action or actions to foreclose the lien of this Indenture as a mortgage; and/or (iii) specifically enforce any of the covenants and agreements hereof, in each case in order to pay the Secured Indebtedness, and all impositions, if any, with accrued interest thereon, and all expenses of the sale and of all proceedings in connection therewith, including reasonable attorney's fees, if incurred, and do any acts that it deems necessary or desirable to preserve the value, marketability or rentability of the Indenture Estate, or any part thereof or interest therein, increase the income therefrom or protect the security hereof. If the Indenture Trustee elects to exercise the power of sale herein contained, the Indenture Trustee shall cause to be recorded, published and delivered to the Owner Lessor such notice of sale as then required by Applicable Law. The Indenture Trustee shall, without demand on the Owner Lessor, after lapse of such time as may then be required by law and after recordation of such notice of sale and notice of sale having been given as required by Applicable Law, sell the Indenture Estate at the time and place of sale fixed by it in said notice of sale, either as a whole, or in separate lots or parcels or items as the Indenture Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. The Indenture Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including, without limitation, the Owner Lessor, may bid at and be a purchaser at any such sale. The Indenture Trustee shall apply the proceeds of sale as required by Applicable Law and in accordance with the terms of this Indenture. Subject to A.R.S. Section 33-810.B, the Indenture Trustee may postpone sale of all or any portion of the Indenture Estate by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement or subsequently noticed sale, and without further notice make such sale at the time fixed by the last postponement, or may, in its discretion, give a new notice of sale. The Owner Lessor hereby requests that a copy of any notice of default and any notice of sale hereunder be mailed to it at its address set forth in Section 9.5 of this Indenture. At any such public sale, the Lease Indenture Trustee may execute and deliver to the purchaser a conveyance of the Indenture Estate or any part of the Indenture Estate, and to this end, the Owner Lessor hereby constitutes and appoints the Lease Indenture Trustee the agent(s) agent and attorney(s) attorney in fact of the Owner Lessor to make such sale and conveyance, and thereby to divest the Owner Lessor of all right, title or equity that the Owner Lessor may have in and to the Indenture Estate and to vest the same in the purchaser or purchasers at such sale or sales, and all the acts and doings of said agent and attorney in fact are hereby ratified and confirmed and any recitals in said conveyance or conveyances as to facts essential to a valid sale shall be binding upon the Owner Lessor. The aforesaid power of sale and agency hereby granted are coupled with an interest and are irrevocable by death or otherwise, are granted as cumulative of the other remedies provided hereby or by law for collection of the Secured Indebtedness and shall not be exhausted by one exercise thereof but may be exercised until full payment of the Secured Indebtedness. Further, if a Lease Indenture Event of Default shall have occurred and be continuing, the Lease Indenture Trustee may, in addition to and not in abrogation of other rights and remedies provided in this Section, either with or without entry or taking possession as herein provided or otherwise, proceed by a suit or suits in law or in equity or by any other appropriate proceeding or remedy (i) to enforce payment of the Lessor Notes or the performance of any term, covenant, condition or agreement of this Indenture or any other right, and (ii) to pursue any other remedy available to it, all as the Lease Indenture Trustee shall determine most effectual for such purposes. Upon any foreclosure sale, the Lease Indenture Trustee may bid for and purchase the Indenture Estate and shall be entitled to apply all or any part of the Secured Indebtedness as a credit to the purchase price. In the event of a foreclosure sale of the Indenture Estate, the proceeds of said sale shall be applied as provided in Section 3.3 hereof. In the event of any such foreclosure sale by the Lease Indenture Trustee, the Owner Lessor shall be deemed a tenant holding over and shall forthwith deliver possession to the purchaser or purchasers at such sale or be summarily dispossessed according to provisions of law applicable to tenants holding over. The Lease Indenture Trustee, at the Lease Indenture Trustee's option, is authorized to foreclose this Indenture subject to the rights of any tenants of the 49 Indenture Estate, and the failure to make any such tenants parties to any such foreclosure proceedings and to foreclose their rights will not be, nor be asserted to be by the Owner Lessor, a defense to any proceedings instituted by the Lease Indenture Trustee to collect the Secured Indebtedness.

Power of Sale and Other Remedies. (a) In addition to all other remedies provided for herein if a Lease an Indenture Event of Default shall have occurred and be continuing, the Indenture Trustee shallTrustee, subject to Sections 4.3 and 4.4 and to provisions of Applicable Lawat Indenture Trustee's option, have the right(s) to (i) may sell the Indenture Estate or any part of the Indenture Estate at one or more public sale or sales; or (ii) commence an action or actions to foreclose sales before the lien of this Indenture as a mortgage; and/or (iii) specifically enforce any door of the covenants and agreements hereofcourthouse of the county in which the Indenture Estate or any part of the Indenture Estate is situated, in each case to the highest bidder for cash, in order to pay the Secured Indebtedness, and all impositions, if any, with accrued interest thereon, and all expenses of the sale and of all proceedings in connection therewith, including reasonable attorney's fees, if incurred, after advertising the time, place and do any acts that it deems necessary or desirable to preserve the value, marketability or rentability of the Indenture Estate, or any part thereof or interest therein, increase the income therefrom or protect the security hereof. If the Indenture Trustee elects to exercise the power terms of sale herein contained, the Indenture Trustee shall cause to be recorded, published and delivered once a week for four (4) weeks immediately preceding such sale (but without regard to the Owner Lessor such notice number of sale as then required by Applicable Law. The Indenture Trustee shall, without demand on the Owner Lessor, after lapse of such time as may then be required by law and after recordation of such notice of sale and notice of sale having been given as required by Applicable Law, sell the Indenture Estate at the time and place of sale fixed by it days) in a newspaper in which sheriff's sales are advertised in said notice of sale, either as a whole, or in separate lots or parcels or items as the Indenture Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. The Indenture Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including, without limitation, the Owner Lessor, may bid at and be a purchaser at any such sale. The Indenture Trustee shall apply the proceeds of sale as required by Applicable Law and in accordance with the terms of this Indenture. Subject to A.R.S. Section 33-810.B, the Indenture Trustee may postpone sale of all or any portion of the Indenture Estate by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement or subsequently noticed sale, and without further notice make such sale at the time fixed by the last postponement, or may, in its discretion, give a new notice of sale. The Owner Lessor hereby requests that a copy of any notice of default and any notice of sale hereunder be mailed to it at its address set forth in Section 9.5 of this Indenturecounty. At any such public sale, the Indenture Trustee may execute and deliver to the purchaser a conveyance of the Indenture Estate or any part of the Indenture EstateEstate in fee simple, and to this end, the Owner Lessor Trustee hereby constitutes and appoints the Indenture Trustee the agent(s) agent and attorney(s) attorney in fact of the Owner Lessor Trustee to make such sale and conveyance, and thereby to divest the Owner Lessor Trustee of all right, title or equity that the Owner Lessor Trustee may have in and to the Indenture Estate and to vest the same in the purchaser or purchasers at such sale or sales, and all the acts and doings of said agent and attorney in fact are hereby ratified and confirmed and any recitals in said conveyance or conveyances as to facts essential to a valid sale shall be binding upon the Owner LessorTrustee. The aforesaid power of sale and agency hereby granted are coupled with an interest and are irrevocable by death or otherwise, are granted as cumulative of the other remedies provided hereby or by law for collection of the Secured Indebtedness and shall not be exhausted by one exercise thereof but may be exercised until full payment of the Secured Indebtedness. Further, if a Lease an Indenture Event of Default Defalt shall have occurred and be continuing, the Indenture Trustee may, in addition to and not in abrogation of other rights and remedies provided in this SectionArticle, either with or without entry or taking possession as herein provided or otherwise, proceed by a suit or suits in law or in equity or by any other appropriate proceeding or remedy (i) to enforce payment of the Lessor Notes or the performance of any term, covenant, condition or of agreement of this Indenture or any other right, and (ii) to pursue any other remedy available to it, all as the Indenture Trustee shall determine most effectual for such purposes. Upon any foreclosure sale, the Indenture Trustee may bid for and purchase the Indenture Estate and shall be entitled to apply all or any part of the Secured Indebtedness as a credit to the purchase price. In the event of a foreclosure sale of the Indenture Estate, the proceeds of said sale shall be applied applied, as provided in Section 3.3 hereof. In the event of any such foreclosure sale by the Indenture Trustee, the Owner Lessor Trustee shall be deemed a tenant holding over and shall forthwith deliver possession to the purchaser or purchasers at such sale or be summarily dispossessed according to provisions of law applicable to tenants holding over. The Indenture Trustee, at the Indenture Trustee's option, is authorized to foreclose this Indenture subject to the rights of any tenants of the 49 Indenture Estate, and the failure to make any such tenants parties to any such foreclosure proceedings and to foreclose their rights will not be, nor be asserted to be by the Owner LessorTrustee, a defense to any proceedings instituted by the Indenture Trustee to collect the Secured Indebtedness. In addition, as part of the consideration for the Secured Indebtedness, Owner Trustee has absolutely and unconditionally assigned and transferred to Indenture Trustee the Revenues, including those now due, past due or to become due by virtue of any lease or other agreement for the occupancy or use of all or any part of the Indenture Estate. Owner Trustee hereby authorizes Indenture Trustee or Indenture Trustee's agents to collect the Revenues and hereby directs such tenants of the Indenture Estate to pay the Revenues to Indenture Trustee or Indenture Trustee's agents; provided, however, that prior to written notice given by Indenture Trustee to Owner Trustee of any Indenture Event of Default by Owner Trustee, Owner Trustee shall collect and receive the Revenues as trustee for the benefit of Indenture Trustee and Owner Trustee, to apply the Revenues so collected to the Secured Indebtedness with the balance, so long as no Indenture Event of Default has occurred, to the account of Owner Trustee. Owner Trustee agrees that each tenant of the Indenture Estate shall pay the Revenues to Indenture Trustee or Indenture Trustee's agents on Indenture Trustee's written demand therefor without any liability on the part of said tenant to inquire further as to the existence of an Indenture Event of Default.

Power of Sale and Other Remedies. (a) In addition to all other remedies provided for herein if a Lease an Indenture Event of Default shall have occurred and be continuing, the Indenture Trustee shall, subject to Sections 4.3 and 4.4 and to provisions of Applicable Lawhereof, have the right(s) right to (i) sell foreclose this Indenture and to have a judicial sale of the Indenture Estate or any part of the Indenture Estate at one or more public sale or sales; or (ii) commence an action or actions to foreclose the lien of this Indenture as a mortgage; and/or (iii) specifically enforce any of the covenants and agreements hereof, in each case in order to pay the Secured Indebtedness, and all impositions, if any, with accrued interest thereon, and all expenses of the sale and of all proceedings in connection therewith, including reasonable attorney's fees, if incurred, and do any acts that it deems necessary or desirable to preserve the value, marketability or rentability of the Indenture Estate, or any part thereof or interest therein, increase the income therefrom or protect the security hereof. If the Indenture Trustee elects to exercise the power of sale herein contained, the Indenture Trustee shall cause to be recorded, published and delivered to the Owner Lessor such notice of sale as then required by Applicable Law. The Indenture Trustee shall, without demand on the Owner Lessor, after lapse of such time as may then be required by law and after recordation of such notice of sale and notice of sale having been given as required by Applicable Law, sell the Indenture Estate at the time and place of sale fixed by it in said notice of sale, either as a whole, or in separate lots or parcels or items as the Indenture Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. The Indenture Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including, without limitation, the Owner Lessor, may bid at and be a purchaser at any such sale. The Indenture Trustee shall apply the proceeds of sale as required by Applicable Law and in accordance with the terms of this Indenture. Subject to A.R.S. Section 33-810.B, the Indenture Trustee may postpone sale of all or any portion of the Indenture Estate by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement or subsequently noticed sale, and without further notice make such sale at the time fixed by the last postponement, or may, in its sole discretion, give a new notice of sale. The Owner Lessor hereby requests that a copy of any notice of default and any notice of sale hereunder be mailed to it at its address set forth in Section 9.5 of this Indenture. At with any such public sale, sale(s) to be under the Indenture Trustee may execute and deliver to the purchaser judgment or decree of a conveyance court of the Indenture Estate or any part of the Indenture Estate, and to this end, the Owner Lessor hereby constitutes and appoints the Indenture Trustee the agent(s) and attorney(s) in fact of the Owner Lessor to make such sale and conveyance, and thereby to divest the Owner Lessor of all right, title or equity that the Owner Lessor may have in and to the Indenture Estate and to vest the same in the purchaser or purchasers at such sale or sales, and all the acts and doings of said agent and attorney in fact are hereby ratified and confirmed and any recitals in said conveyance or conveyances as to facts essential to a valid sale shall be binding upon the Owner Lessor. The aforesaid power of sale and agency hereby granted are coupled with an interest and are irrevocable by death or otherwise, are granted as cumulative of the other remedies provided hereby or by law for collection of the Secured Indebtedness and shall not be exhausted by one exercise thereof but may be exercised until full payment of the Secured Indebtednesscompetent jurisdiction. Further, if a Lease an Indenture Event of Default shall have occurred and be continuing, the Indenture Trustee may, in addition to and not in abrogation of other rights and remedies provided in this Section, either with or without entry or taking possession as herein provided or otherwise, proceed by a suit or suits in law or in equity or by any other appropriate proceeding or remedy (i) to enforce payment of the Lessor Notes or the performance of any term, covenant, condition or agreement of this Indenture or any other right, and (ii) to pursue any other remedy available to it, all as the Indenture Trustee shall determine most effectual for such purposes. Upon any foreclosure sale, the Indenture Trustee may bid for and purchase the Indenture Estate and shall be entitled to apply all or any part of the Secured Indebtedness as a credit to the purchase price. In the event of a foreclosure sale of the Indenture Estate, the proceeds of said sale shall be applied as provided in Section 3.3 hereof. In the event of any such foreclosure sale by the Indenture Trustee, the Owner Lessor shall be deemed a tenant holding over and shall forthwith deliver possession to the purchaser or purchasers at such sale or be summarily dispossessed according to provisions of law applicable to tenants holding over. The Indenture Trustee, at the Indenture Trustee's ’s option, is authorized to foreclose this Indenture subject to the rights of any tenants of the 49 Indenture Estate, and the failure to make any such tenants parties to any such foreclosure proceedings and to foreclose their rights will not be, nor be asserted to be by the Owner Lessor, a defense to any proceedings instituted by the Indenture Trustee to collect the Secured Indebtedness.

Power of Sale and Other Remedies. (a) In addition to all other remedies provided for herein if a Lease Indenture Event of Default shall have occurred and be continuing, the Indenture Trustee shall, subject to Sections 4.3 and 4.4 and to provisions of Applicable Law4.4, have the right(s) right to (i) sell the Indenture Estate or any part of the Indenture Estate at one or more public sale or sales; or (ii) commence an action or actions to foreclose the lien of this Indenture as a mortgage; and/or (iii) specifically enforce any of the covenants and agreements hereof, in each case in order to pay the Secured Indebtedness, and all impositions, if any, with accrued interest thereon, and all expenses of the sale and of all proceedings in connection therewith, including reasonable attorney's fees, if incurred, and do any acts that it deems necessary or desirable to preserve the value, marketability or rentability of the Indenture Estate, or any part thereof or interest therein, increase the income therefrom or protect the security hereof. If the Indenture Trustee elects to exercise the power of sale herein contained, the Indenture Trustee shall cause to be recorded, published and delivered to the Owner Lessor such notice of sale as then required by Applicable Law. The Indenture Trustee shall, without demand on the Owner Lessor, after lapse of such time as may then be required by law and after recordation of such notice of sale and notice of sale having been given as required by Applicable Law, sell the Indenture Estate at the time and place of sale fixed by it in said notice of sale, either as a whole, or in separate lots or parcels or items as the Indenture Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. The Indenture Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including, without limitation, the Owner Lessor, may bid at and be a purchaser at any such sale. The Indenture Trustee shall apply the proceeds of sale as required by Applicable Law and in accordance with the terms of this Indenture. Subject to A.R.S. Section 33-810.B, the Indenture Trustee may postpone sale of all or any portion of the Indenture Estate by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement or subsequently noticed sale, and without further notice make such sale at the time fixed by the last postponement, or may, in its discretion, give a new notice of sale. The Owner Lessor hereby requests that a copy of any notice of default and any notice of sale hereunder be mailed to it at its address set forth in Section 9.5 of this Indenture. At any such public sale, the Indenture Trustee may execute and deliver to the purchaser a conveyance of the Indenture Estate or any part of the Indenture Estate, and to this end, the Owner Lessor hereby constitutes and appoints the Indenture Trustee the agent(s) agent and attorney(s) attorney in fact of the Owner Lessor to make such sale and conveyance, and thereby to divest the Owner Lessor of all right, title or equity that the Owner Lessor may have in and to the Indenture Estate and to vest the same in the purchaser or purchasers at such sale or sales, and all the acts and doings of said agent and attorney in fact are hereby ratified and confirmed and any recitals in said conveyance or conveyances as to facts essential to a valid sale shall be binding upon the Owner Lessor. The aforesaid power of sale and agency hereby granted are coupled with an interest and are irrevocable by death or otherwise, are granted as cumulative of the other remedies provided hereby or by law for collection of the Secured Indebtedness and shall not be exhausted by one exercise thereof but may be exercised until full payment of the Secured Indebtedness. Further, if a Lease Indenture Event of Default shall have occurred and be continuing, the Indenture Trustee may, in addition to and not in abrogation of other rights and remedies provided in this Section, either with or without entry or taking possession as herein provided or otherwise, proceed by a suit or suits in law or in equity or by any other appropriate proceeding or remedy (i) to enforce payment of the Lessor Notes or the performance of any term, covenant, condition or agreement of this Indenture or any other right, and (ii) to pursue any other remedy available to it, all as the Indenture Trustee shall determine most effectual for such purposes. Upon any foreclosure sale, the Indenture Trustee may bid for and purchase the Indenture Estate and shall be entitled to apply all or any part of the Secured Indebtedness as a credit to the purchase price. In the event of a foreclosure sale of the Indenture Estate, the proceeds of said sale shall be applied as provided in Section 3.3 hereof. In the event of any such foreclosure sale by the Indenture Trustee, the Owner Lessor shall be deemed a tenant holding over and shall forthwith deliver possession to the purchaser or purchasers at such sale or be summarily dispossessed according to provisions of law applicable to tenants holding over. The Indenture Trustee, at the Indenture Trustee's option, is authorized to foreclose this Indenture subject to the rights of any tenants of the 49 Indenture Estate, and the failure to make any such tenants parties to any such foreclosure proceedings and to foreclose their rights will not be, nor be asserted to be by the Owner Lessor, a defense to any proceedings instituted by the Indenture Trustee to collect the Secured Indebtedness.

Power of Sale and Other Remedies. (a) In addition to all other remedies provided for herein herein, if a Lease an Indenture Event of Default shall have occurred and be continuing, the Indenture Trustee shall, subject to Sections 4.3 and 4.4 and to provisions of Applicable Law, shall have the right(s) right to (i) exercise the statutory power of sale and sell the Indenture Estate or any part of the Indenture Estate at one or more public sale or sales; or (ii) commence an action or actions to foreclose the lien of this Indenture as a mortgage; and/or (iii) specifically enforce any of the covenants and agreements hereof, in each case in order to pay the Secured Indenture Indebtedness, and all impositions, if any, with accrued interest thereon, and all expenses of the sale and of all proceedings in connection therewith, including reasonable attorney's fees, if incurred, and do any acts that it deems necessary or desirable to preserve the value, marketability or rentability of the Indenture Estate, or any part thereof or interest therein, increase the income therefrom or protect the security hereof. If the Indenture Trustee elects to exercise the power of sale herein contained, the Indenture Trustee shall cause to be recorded, published and delivered to the Owner Lessor such notice of sale as then required by Applicable Law. The Indenture Trustee shall, without demand on the Owner Lessor, after lapse of such time as may then be required by law and after recordation of such notice of sale and notice of sale having been given as required by Applicable Law, sell the Indenture Estate at the time and place of sale fixed by it in said notice of sale, either as a whole, or in separate lots or parcels or items as the Indenture Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. The Indenture Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including, without limitation, the Owner Lessor, may bid at and be a purchaser at any such sale. The Indenture Trustee shall apply the proceeds of sale as required by Applicable Law and in accordance with the terms of this Indenture. Subject to A.R.S. Section 33-810.B, the Indenture Trustee may postpone sale of all or any portion of the Indenture Estate by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement or subsequently noticed sale, and without further notice make such sale at the time fixed by the last postponement, or may, in its discretion, give a new notice of sale. The Owner Lessor hereby requests that a copy of any notice of default and any notice of sale hereunder be mailed to it at its address set forth in Section 9.5 of this Indenture. At any such public sale, the Indenture Trustee may execute and deliver to the purchaser a conveyance of the Indenture Estate or any part of the Indenture Estate, and to this end, the Owner Lessor Trust hereby constitutes and appoints the Indenture Trustee the agent(s) agent and attorney(s) attorney in fact of the Owner Lessor Trust to make such sale and conveyance, and thereby to divest the Owner Lessor Trust of all right, title or equity that the Owner Lessor Trust may have in and to the Indenture Estate and to vest the same in the purchaser or purchasers at such sale or sales, and all the acts and doings of said agent and attorney in fact are hereby ratified and confirmed and any recitals in said conveyance or conveyances as to facts essential to a valid sale shall be binding upon the Owner LessorTrust. The aforesaid power of sale and agency hereby granted are coupled with an interest and are irrevocable by death or otherwise, are granted as cumulative of the other remedies provided hereby or by law for collection of the Secured Indenture Indebtedness and shall not be exhausted by one exercise thereof but may be exercised until full payment of the Secured Indebtedness. Further, if a Lease Indenture Event of Default shall have occurred and be continuing, the Indenture Trustee may, in addition to and not in abrogation of other rights and remedies provided in this Section, either with or without entry or taking possession as herein provided or otherwise, proceed by a suit or suits in law or in equity or by any other appropriate proceeding or remedy (i) to enforce payment of the Lessor Notes or the performance of any term, covenant, condition or agreement of this Indenture or any other right, and (ii) to pursue any other remedy available to it, all as the Indenture Trustee shall determine most effectual for such purposes. Upon any foreclosure sale, the Indenture Trustee may bid for and purchase the Indenture Estate and shall be entitled to apply all or any part of the Secured Indebtedness as a credit to the purchase price. In the event of a foreclosure sale of the Indenture Estate, the proceeds of said sale shall be applied as provided in Section 3.3 hereof. In the event of any such foreclosure sale by the Indenture Trustee, the Owner Lessor shall be deemed a tenant holding over and shall forthwith deliver possession to the purchaser or purchasers at such sale or be summarily dispossessed according to provisions of law applicable to tenants holding over. The Indenture Trustee, at the Indenture Trustee's option, is authorized to foreclose this Indenture subject to the rights of any tenants of the 49 Indenture Estate, and the failure to make any such tenants parties to any such foreclosure proceedings and to foreclose their rights will not be, nor be asserted to be by the Owner Lessor, a defense to any proceedings instituted by the Indenture Trustee to collect the Secured Indebtedness.