Common use of Rights and Duties Clause in Contracts

Rights and Duties. It shall be no part of the duty of Trustee to see to any recording, filing or registration of this Security Instrument or any other instrument in addition or supplemental hereto, or to give any notice thereof, or to see to the payment of or be under any duty in respect of any tax or assessment or other governmental charge which may be levied or assessed on the Property, or any part thereof, or against Trustee, or to see to the performance or observance by Borrower of any of the covenants and agreements contained herein. Trustee shall not be responsible for the execution, acknowledgement or validity of this Security Instrument or of any instrument in addition or supplemental hereto or for the sufficiency of the security purported to be created hereby, and makes no representation in respect thereof or in respect of the rights of Lender. Trustee shall have the right to advice of counsel upon any matters arising hereunder and shall be fully protected in relying as to legal matters on the advice of counsel. Trustee shall not incur any personal liability hereunder except for its own gross negligence or willful misconduct and Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by Trustee hereunder and believed by Trustee in good faith to be genuine.

Appears in 7 contracts

Samples: Deed of Trust, Deed of Trust, Security Agreement, Assignment of Rents and Fixture Filing (Pebblebrook Hotel Trust), Deed of Trust, Security Agreement and Fixture Filing (Glimcher Realty Trust)

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Rights and Duties. It shall be no part of the duty of Deed Trustee to see to any recording, filing or registration of this Security Instrument Deed of Trust or any other instrument in 156 addition or supplemental hereto, or to give any notice thereof, or to see to the payment of or be under any duty in respect of any tax or assessment or other governmental charge which may be levied or assessed on the Trust Property, or any part thereof, or against Deed Trustee, or to see to the performance or observance by Borrower Deed Trustee of any of the covenants and agreements contained herein. Deed Trustee shall not be responsible for the execution, acknowledgement or validity of this Security Instrument Deed of Trust or of any instrument in addition or supplemental hereto or for the sufficiency of the security purported to be created hereby, and makes no representation in respect thereof or in respect of the rights of LenderBeneficiary. Deed Trustee shall have the right to advice of counsel upon any matters arising hereunder and shall be fully protected in relying relaying as to legal matters on the advice of counsel. Deed Trustee shall not incur any personal liability hereunder except for its own gross negligence or willful misconduct and Deed Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by Deed Trustee hereunder and believed by Deed Trustee in good faith to be genuine.

Appears in 1 contract

Samples: Deed of Trust, Security Agreement, Assignment of Rents and Fixture Filing (Host Funding Inc)

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