Common use of POWER TO FILE NOTICES AND CURE DEFAULTS Clause in Contracts

POWER TO FILE NOTICES AND CURE DEFAULTS. Trustor hereby irrevocably appoints Beneficiary and its successors and assigns, as its attorney-in-fact, which agency is coupled with an interest, (a) to execute and/or record any notices of completion, cessation of labor, or any other notices that Beneficiary deems appropriate to protect Beneficiary's interest, (b) upon the issuance of a deed pursuant to the foreclosure of this Deed of Trust or the delivery of a deed in lieu of foreclosure, to execute all instruments of assignment or further assurance with respect to the Leases and Payments in favor of the grantee of any such deed, as may be necessary or desirable for such purpose, (c) to prepare, execute and file or record financing statements, continuation statements, applications for registration and like papers necessary to create, perfect or preserve Beneficiary's security interests and rights in or to any of the Collateral and any other property or interests securing the payment and the performance of the Secured Obligations, and (d) upon the occurrence of a Default, Beneficiary may perform any obligation of Trustor hereunder; provided, however, that: (i) Beneficiary as such attorney-in-fact shall only be accountable for such funds as are actually received by Beneficiary; and (ii) Beneficiary shall not be liable to Trustor or any other person or entity for any failure to act under this Section.

Appears in 3 contracts

Samples: Prudential Bache Equitec Real Estate Partnership, Prudential Bache Equitec Real Estate Partnership, Prudential Bache Equitec Real Estate Partnership

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POWER TO FILE NOTICES AND CURE DEFAULTS. Trustor Borrower hereby irrevocably appoints Beneficiary and its successors and assigns, as its attorney-in-fact, which agency is coupled with an interest, (a) to execute and/or and record any notices of completion, cessation of labor, or any other notices that Beneficiary deems appropriate to protect Beneficiary's ’s interest, (b) upon the issuance of a deed pursuant to the foreclosure of this Deed of Trust or the delivery of a deed in lieu of foreclosure, to execute all instruments of assignment or further assurance with respect to the Leases and Payments Rents in favor of the grantee of any such deed, as may be necessary or desirable for such purpose, (c) to prepare, execute and file or record financing statements, continuation statements, applications for registration and like papers necessary to create, perfect or preserve Beneficiary's ’s security interests and rights in or to any of the Collateral and any other property or interests securing the payment and the performance of the Secured ObligationsCollateral, and (d) upon the occurrence of a an event, act or omission which, with notice or passage of time or both, would constitute an Event of Default, Beneficiary may perform any obligation of Trustor Borrower hereunder; provided, however, that: (i) Beneficiary as such attorney-in-fact shall only be accountable for such funds as are actually received by Beneficiary; and (ii) Beneficiary shall not be liable to Trustor Borrower or any other person or entity for any failure to act under this Section.

Appears in 1 contract

Samples: ALST Casino Holdco, LLC

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POWER TO FILE NOTICES AND CURE DEFAULTS. Trustor Grantor hereby irrevocably appoints Beneficiary and its successors and assigns, as its attorney-in-fact, which agency is coupled with an interest, (a) to execute and/or record any notices of completion, cessation of labor, or any other notices that Beneficiary deems appropriate to protect Beneficiary's interest, (b) upon the issuance of a deed pursuant to the foreclosure of this Deed of Trust or the delivery of a deed in lieu of foreclosure, to execute all instruments of assignment or further assurance with respect to the Leases and Payments in favor of the grantee of any such deed, as may be necessary or desirable for such purpose, (c) to prepare, execute and file or record financing statements, continuation statements, applications for registration and like papers necessary to create, perfect or preserve Beneficiary's security interests and rights in or to any of the Collateral and any other property or interests securing the payment and the performance of the Secured Obligations, and (d) upon the occurrence of a Default, Beneficiary may perform any obligation of Trustor Grantor hereunder; provided, however, that: (i) Beneficiary as such attorney-in-fact shall only be accountable for such funds as are actually received by Beneficiary; and (ii) Beneficiary shall not be liable to Trustor Grantor or any other person or entity for any failure to act under this Section.

Appears in 1 contract

Samples: Prudential Bache Equitec Real Estate Partnership

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