Resignation or Replacement of Trustee. Trustee may resign by an instrument in writing addressed to Beneficiary (with a copy to Grantor), and Trustee may be removed at any time with or without cause (in Beneficiary’s sole and absolute discretion) by an instrument in writing executed by Beneficiary. In case of the death, resignation, removal or disqualification of Trustee or if for any reason Beneficiary shall deem it desirable to appoint a substitute, successor or replacement trustee to act instead of Trustee originally named (or in place of any substitute, successor or replacement trustee), Beneficiary shall have the right and is hereby authorized and empowered to appoint a successor, substitute or replacement trustee, without any formality other than appointment and designation in writing executed by Beneficiary, which instrument shall be recorded if required by the applicable law of the State and Beneficiary shall otherwise provide Grantor with written notice thereof. The laws of the State shall govern the qualification of any trustee. The authority conferred upon Trustee by this Deed of Trust shall automatically extend to any and all other successor, substitute and replacement trustee(s) successively until the Secured Obligations have been paid in full or the Mortgaged Property has been sold hereunder or released in accordance with the provisions of the Loan Documents to which Beneficiary is a party or which grants a security for the benefit of Beneficiary. Beneficiary’s written appointment and designation of Trustee shall be full evidence of Beneficiary’s right and authority to make the same and of all facts therein recited. No confirmation, authorization, approval or other action by Grantor shall be required in connection with any resignation or other replacement of Trustee and Beneficiary and/or Trustee shall provide Grantor with written notice of any such resignation or replacement.
Appears in 2 contracts
Samples: And Security Agreement (NTS Realty Holdings Lp), And Security Agreement (NTS Realty Holdings Lp)
Resignation or Replacement of Trustee. Trustee may resign by an instrument in writing addressed to Beneficiary (with a copy to Grantor)Beneficiary, and Trustee may be removed at any time with or without cause (i.e., in Beneficiary’s sole and absolute discretion) by an instrument in writing executed by Beneficiary. In case of the death, resignation, removal or disqualification of Trustee or if for any reason Beneficiary shall deem it desirable to appoint a substitute, successor or replacement trustee Trustee to act instead of Trustee originally named (or in place of any substitute, successor or replacement trusteeTrustee), then Beneficiary shall have the right and is hereby authorized and empowered to appoint a successor, substitute or replacement trusteeTrustee, and, if preferred, several substitute trustees in succession, without any formality other than appointment and designation in writing executed by Beneficiary, which instrument shall be recorded if required by the applicable law of the State and Beneficiary shall otherwise provide Grantor with written notice thereofof Nevada. The laws law of the State of Nevada shall govern the qualification qualifications of any trusteeTrustee. The authority conferred upon Trustee by this Deed of Trust shall automatically extend to any and all other successor, substitute and replacement trustee(sTrustee(s) successively until the Secured Obligations have been paid in full or the Mortgaged Property has been sold hereunder or released in accordance with the provisions of the Loan Documents to which Beneficiary is a party or which grants a security for the benefit of BeneficiaryCredit Documents. Beneficiary’s written appointment and designation of any Trustee shall be full evidence of Beneficiary’s right and authority to make the same and of all facts therein recited. No confirmation, authorization, approval or other action by Grantor Trustor shall be required in connection with any resignation or other replacement of Trustee and Beneficiary and/or Trustee shall provide Grantor with written notice of any such resignation or replacementTrustee.
Appears in 2 contracts
Samples: Security Agreement (Fulcrum Bioenergy Inc), Security Agreement (Fulcrum Bioenergy Inc)
Resignation or Replacement of Trustee. Trustee may resign by an instrument in writing addressed to Beneficiary (with a copy to Grantor)Beneficiary, and Trustee may be removed at any time with or without cause (i.e., in Beneficiary’s 's sole and absolute discretion) by an instrument in writing executed by Beneficiary. In case of the death, resignation, removal or disqualification of Trustee or if for any reason Beneficiary shall deem it desirable to appoint a substitute, successor or replacement trustee Trustee to act instead of Trustee originally named (or in place of any substitute, successor or replacement trusteeTrustee), then Beneficiary shall have the right and is hereby authorized and empowered to appoint a successor, substitute or replacement trusteeTrustee, without any formality other than appointment and designation in writing executed by Beneficiary, which instrument shall be recorded if required by the applicable law of the State and Beneficiary shall otherwise provide Grantor with written notice thereofof Nevada. The laws law of the State of Nevada shall govern the qualification qualifications of any trusteeTrustee. The authority conferred upon Trustee by this Deed of Trust shall automatically extend to any and all other successor, substitute and replacement trustee(sTrustee(s) successively until the Secured Obligations have been paid in full or the Mortgaged Property Trust Estate has been sold hereunder or released in accordance with the provisions of the Loan Documents to which Beneficiary is a party or which grants a security for the benefit of BeneficiaryDocuments. Beneficiary’s 's written appointment and designation of any Trustee shall be full evidence of Beneficiary’s 's right and authority to make the same and of all facts therein recited. No confirmation, authorization, approval or other action by Grantor Trustor shall be required in connection with any resignation or other replacement of Trustee and Beneficiary and/or Trustee shall provide Grantor with written notice of any such resignation or replacementTrustee.
Appears in 2 contracts
Samples: Consent and Landlord Mortgagee Agreement (Coast Resorts Inc), Fixture Filing and Security Agreement (Riviera Holdings Corp)
Resignation or Replacement of Trustee. Trustee may resign by an instrument in writing addressed to Beneficiary (with a copy to Grantor)Beneficiary, and Trustee may be removed at any time with or without cause (i.e., in Beneficiary’s 's sole and absolute discretion) by an instrument in writing executed by Beneficiary. In case of the death, resignation, removal or disqualification of Trustee or if for any reason Beneficiary shall deem it desirable to appoint a substitute, successor or replacement trustee Trustee to act instead of Trustee originally named (or in place of any substitute, successor or replacement trusteeTrustee), then Beneficiary shall have the right and is hereby authorized and empowered to appoint a successor, substitute or replacement trusteeTrustee, without any formality other than appointment and designation in writing executed by Beneficiary, which instrument shall be recorded if required by in the applicable Office of the Recorder of Xxxxx County, Nevada. The law of the State and Beneficiary shall otherwise provide Grantor with written notice thereof. The laws of Nevada (including, without limitation, the State Nevada Gaming Laws) shall govern the qualification qualifications of any trusteeTrustee. The authority conferred upon Trustee by this Deed of Trust shall automatically extend to any and all other successor, substitute and replacement trustee(sTrustee(s) successively until the Secured Obligations obligations secured hereunder have been paid in full or the Mortgaged Property Trust Estate has been sold hereunder or released in accordance with the provisions of the Guaranty and the other Loan Documents to which Beneficiary is a party or which grants a security for (including the benefit of BeneficiarySecurity Documents). Beneficiary’s 's written appointment and designation of any Trustee shall be full evidence of Beneficiary’s 's right and authority to make the same and of all facts therein recited. No confirmation, authorization, approval or other action by Grantor Trustor shall be required in connection with any resignation or other replacement of Trustee and Beneficiary and/or Trustee shall provide Grantor with written notice of any such resignation or replacementTrustee.
Appears in 1 contract
Samples: Credit Agreement (Wynn Resorts LTD)
Resignation or Replacement of Trustee. Trustee may resign by an instrument in writing addressed to Beneficiary (with a copy to Grantor)Beneficiary, and Trustee may be removed at any time with or without cause (i.e., in Beneficiary’s 's sole and absolute discretion) by an instrument in writing executed by Beneficiary. In case of the death, resignation, removal or disqualification of Trustee or if for any reason Beneficiary shall deem it desirable to appoint a substitute, successor or replacement trustee Trustee to act instead of Trustee originally named (or in place of any substitute, successor or replacement trusteeTrustee), then Beneficiary shall have the right and is hereby authorized and empowered to appoint a successor, substitute or replacement trusteeTrustee, without any formality other than appointment and designation in writing executed by Beneficiary, which instrument shall be recorded if required by the applicable law of the State and Beneficiary shall otherwise provide Grantor with written notice thereofof Nevada. The laws of the State of Nevada shall govern the qualification qualifications of any trusteeTrustee. The authority conferred upon Trustee by this Deed of Trust shall automatically extend to any and all other successor, substitute and replacement trustee(sTrustee(s) successively until the Secured Obligations obligations secured hereunder have been paid in full or the Mortgaged Property Trust Estate has been sold hereunder or released in accordance with the provisions of the Credit Agreement and each other Loan Documents Document to which the Beneficiary is a party or which grants a security for the benefit of the Beneficiary. Beneficiary’s 's written appointment and designation of any Trustee shall be full evidence of Beneficiary’s 's right and authority to make the same and of all facts therein recited. No confirmation, authorization, approval or other action by Grantor Trustor shall be required in connection with any resignation or other replacement of Trustee and Beneficiary and/or Trustee shall provide Grantor with written notice of any such resignation or replacementTrustee.
Appears in 1 contract
Samples: Fixture Filing and Security Agreement (Aladdin Capital Corp)
Resignation or Replacement of Trustee. Trustee may resign by an instrument in writing addressed to Beneficiary (with a copy to Grantor)Beneficiary, and Trustee may be removed at any time with or without cause (i.e., in Beneficiary’s 's sole and absolute discretion) by an instrument in writing executed by Beneficiary. In case of the death, resignation, removal or disqualification of Trustee or if for any reason Beneficiary shall deem it desirable to appoint a substitute, successor or replacement trustee Trustee to act instead of Trustee originally named (or in place of any substitute, successor or replacement trusteeTrustee), then Beneficiary shall have the right and is hereby authorized and empowered to appoint a successor, substitute or replacement trusteeTrustee, without any formality other than appointment and designation in writing executed by Beneficiary, which instrument shall be recorded if required by the applicable law of the State and Beneficiary shall otherwise provide Grantor with written notice thereofof Nevada. The laws law of the State of Nevada (including, without limitation, the Nevada Gaming Laws) shall govern the qualification qualifications of any trusteeTrustee. The authority conferred upon Trustee by this Deed of Trust shall automatically extend to any and all other successor, substitute and replacement trustee(sTrustee(s) successively until the Secured Obligations obligations secured hereunder have been paid in full or the Mortgaged Property Trust Estate has been sold hereunder or released in accordance with the provisions of the Guaranty and the other Loan Documents to which Beneficiary is a party or which grants a security for (including the benefit of BeneficiarySecurity Documents). Beneficiary’s 's written appointment and designation of any Trustee shall be full evidence of Beneficiary’s 's right and authority to make the same and of all facts therein recited. No confirmation, authorization, approval or other action by Grantor Trustor shall be required in connection with any resignation or other replacement of Trustee and Beneficiary and/or Trustee shall provide Grantor with written notice of any such resignation or replacementTrustee.
Appears in 1 contract
Resignation or Replacement of Trustee. Trustee may resign by an instrument in writing addressed to Beneficiary (with a copy to Grantor)Beneficiary, and Trustee may be removed at any time with or without cause (i.e., in Beneficiary’s 's sole and absolute discretion) by an instrument in writing executed by Beneficiary. In case of the death, resignation, removal or disqualification of Trustee or if for any reason Beneficiary shall deem it desirable to appoint a substitute, successor or replacement trustee Trustee to act instead of Trustee originally named (or in place of any substitute, successor or replacement trusteeTrustee), then Beneficiary shall have the right and is hereby authorized and empowered to appoint a successor, substitute or replacement trusteeTrustee, without any formality other than appointment and designation in writing executed by Beneficiary, which instrument shall be recorded if required by the applicable law of the State and Beneficiary shall otherwise provide Grantor with written notice thereofof Nevada. The laws of the State of Nevada (including, without limitation, the Nevada Gaming Laws) shall govern the qualification qualifications of any trusteeTrustee. The authority conferred upon Trustee by this Leasehold Deed of Trust shall automatically extend to any and all other successor, substitute and replacement trustee(sTrustee(s) successively until the Secured Obligations obligations secured hereunder have been paid in full or the Mortgaged Property Trust Estate has been sold hereunder or released in accordance with the provisions of the Loan Mortgage Notes Indenture Security Documents and each other Security Document to which the Beneficiary is a party or which grants a security for the benefit of the Beneficiary. Beneficiary’s 's written appointment and designation of any Trustee shall be full evidence of Beneficiary’s 's right and authority to make the same and of all facts therein recited. No confirmation, authorization, approval or other action by Grantor Trustor shall be required in connection with any resignation or other replacement of Trustee and Beneficiary and/or Trustee shall provide Grantor with written notice of any such resignation or replacementTrustee.
Appears in 1 contract
Samples: Leases and Security Agreement (Grand Canal Shops Mall Construction LLC)
Resignation or Replacement of Trustee. Trustee may resign by an instrument in writing addressed to Beneficiary (with a copy to Grantor)Beneficiary, and Trustee may be removed at any time with or without cause (i.e., in Beneficiary’s 's sole and absolute discretion) by an instrument in writing executed by Beneficiary. In case of the death, resignation, removal or disqualification of Trustee or if for any reason Beneficiary shall deem it desirable to appoint a substitute, successor or replacement trustee Trustee to act instead of Trustee originally named (or in place of any substitute, successor or replacement trusteeTrustee), then Beneficiary shall have the right and is hereby authorized and empowered to appoint a successor, substitute or replacement trusteeTrustee, without any formality other than appointment and designation in writing executed by Beneficiary, which instrument shall be recorded if required by the applicable law of the State and Beneficiary shall otherwise provide Grantor with written notice thereofof Nevada. The laws law of the State of Nevada shall govern the qualification qualifications of any trusteeTrustee. The authority conferred upon Trustee by this Deed of Trust shall automatically extend to any and all other successor, substitute and replacement trustee(sTrustee(s) successively until the Secured Obligations have been paid in full or the Mortgaged Property Trust Estate has been sold hereunder or released in accordance with the provisions of the Loan Documents to which Beneficiary is a party or which grants a security for the benefit of BeneficiaryDocuments. Beneficiary’s 's written appointment and designation of any Trustee shall be full evidence of Beneficiary’s 's right and authority to make the same and of all facts therein recited. No confirmation, authorization, approval or other action by Grantor Trustor shall be required in connection with any resignation or other replacement of Trustee and Beneficiary and/or Trustee shall provide Grantor with written notice of any such resignation or replacementTrustee.
Appears in 1 contract
Samples: Lease Agreement (Showboat Inc)
Resignation or Replacement of Trustee. Trustee may resign by an instrument in writing addressed to Beneficiary (with a copy to Grantor)Beneficiary, and Trustee may be removed at any time with or without cause (i.e., in Beneficiary’s 's sole and absolute discretion) by an instrument in writing executed by Beneficiary. In case of the death, resignation, removal or disqualification of Trustee or if for any reason Beneficiary shall deem it desirable to appoint a substitute, successor or replacement trustee Trustee to act instead of Trustee originally named (or in place of any substitute, successor or replacement trusteeTrustee), then Beneficiary shall have the right and is hereby authorized and empowered to appoint a successor, substitute or replacement trusteeTrustee, without any formality other than appointment and designation in writing executed by Beneficiary, which instrument shall be recorded if required by the applicable law of the State and Beneficiary shall otherwise provide Grantor with written notice thereofof Nevada. The laws law of the State of Nevada (including, without limitation, the Nevada Gaming Laws) shall govern the qualification qualifications of any trusteeTrustee. The authority conferred upon Trustee by this Deed of Trust shall automatically extend to any and all other successor, substitute and replacement trustee(sTrustee(s) successively until the Secured Obligations obligations secured hereunder have been paid in full or the Mortgaged Property Trust Estate has been sold hereunder or released in accordance with the provisions of the Loan Documents to which Beneficiary is a party or which grants a security for Mortgage Notes Indenture and the benefit of Beneficiaryother Indenture Documents. Beneficiary’s 's written appointment and designation of any Trustee shall be full evidence of Beneficiary’s 's right and authority to make the same and of all facts therein recited. No confirmation, authorization, approval or other action by Grantor Trustor shall be required in connection with any resignation or other replacement of Trustee and Beneficiary and/or Trustee shall provide Grantor with written notice of any such resignation or replacementTrustee.
Appears in 1 contract
Samples: Wynn Las Vegas LLC
Resignation or Replacement of Trustee. Trustee may resign by an instrument in writing addressed to Beneficiary (with a copy to Grantor)Beneficiary, and Trustee may be removed at any time with or without cause (i.e., in Beneficiary’s 's sole and absolute discretion) by an instrument in writing executed by Beneficiary. In case of the death, resignation, removal or disqualification of Trustee or if for any reason Beneficiary shall deem it desirable to appoint a substitute, successor or replacement trustee Trustee to act instead of Trustee originally named (or in place of any substitute, successor or replacement trusteeTrustee), then Beneficiary shall have the right and is hereby authorized and empowered to appoint a successor, substitute or replacement trusteeTrustee, without any formality other than appointment and designation in writing executed by Beneficiary, which instrument shall be recorded if required by the applicable law of the State and Beneficiary shall otherwise provide Grantor with written notice thereofof Nevada. The laws law of the State of Nevada (including, without limitation, the Gaming Control Laws) shall govern the qualification qualifications of any trusteeTrustee. The authority conferred upon Trustee by this Deed of Trust shall automatically extend to any and all other successor, substitute and replacement trustee(sTrustee(s) successively until the Secured Obligations obligations secured hereunder have been paid in full or the Mortgaged Property Trust Estate has been sold hereunder or released in accordance with the provisions of the Loan Mortgage Notes Indenture Security Documents and each other Security Document to which the Beneficiary is a party or which grants a security interest for the benefit of the Beneficiary. Beneficiary’s 's written appointment and designation of any Trustee shall be full evidence of Beneficiary’s 's right and authority to make the same and of all facts therein recited. No confirmation, authorization, approval or other action by Grantor Trustor shall be required in connection with any resignation or other replacement of Trustee and Beneficiary and/or Trustee shall provide Grantor with written notice of any such resignation or replacementTrustee.
Appears in 1 contract
Samples: Leases and Security Agreement (Grand Canal Shops Mall Construction LLC)