Common use of Rights of Beneficiary Clause in Contracts

Rights of Beneficiary. Grantor authorizes Beneficiary to perform any or all of the following acts at any time in its sole discretion, all without notice to Grantor and without affecting Beneficiary’s rights or Grantor’s obligations under this Deed of Trust: (a) Beneficiary may alter any terms of the Third Party Secured Obligations or any part of them, including renewing, compromising, modifying, extending or accelerating, terminating early, or otherwise changing the time for payment of, or increasing or decreasing the rate of interest on, the Third Party Secured Obligations or any part of them. (b) Beneficiary may enforce or forbear from enforcing the Third Party Secured Obligations on a net or gross basis. (c) Beneficiary may take and hold security for the Third Party Secured Obligations, accept additional or substituted security for that obligation, and subordinate, exchange, enforce, waive, release, reconvey, compromise, fail to perfect and sell or otherwise dispose of any such security. (d) Beneficiary may direct the order and manner of any sale of all or any part of any security now or later to be held for the Third Party Secured Obligations, and Beneficiary may also bid at any such sale and may apply all or any part of the Third Party Secured Obligations against the amount so bid. (e) Beneficiary may apply any payments or recoveries from Borrower (or any of them), Grantor or any other source, and any proceeds of any security, to the Third Party Secured Obligations in such manner, order and priority as Beneficiary may elect, whether that obligation is secured by this Deed of Trust or not at the time of the application. (f) Beneficiary may substitute, add or release any Borrower, guarantors or endorsers. (g) In addition to the Third Party Secured Obligation, Beneficiary may extend other credit to any Borrower, and may take and hold security for the credit so extended, whether or not such security is also security for the Third Party Secured Obligations, all without affecting Beneficiary’s rights or Grantor’s liability under this Deed of Trust.

Appears in 7 contracts

Samples: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (KBS Real Estate Investment Trust II, Inc.), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (KBS Real Estate Investment Trust II, Inc.), Deed of Trust (KBS Real Estate Investment Trust III, Inc.)

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Rights of Beneficiary. Grantor Trustor authorizes Beneficiary to perform --------------------- any or all of the following acts at any time in its sole discretion, all without notice to Grantor Trustor and without affecting Beneficiary’s 's rights or Grantor’s Trustor's obligations under this Deed of Trust:. (ai) Beneficiary may alter any terms of the Third Party Secured Obligations Indebtedness or any part of themit, including renewing, compromisingcomprising, modifying, extending or accelerating, terminating early, or otherwise changing the time for payment of, of or increasing or decreasing the rate of interest on, the Third Party Secured Obligations Indebtedness or any part of themit. (b) Beneficiary may enforce or forbear from enforcing the Third Party Secured Obligations on a net or gross basis. (cii) Beneficiary may take and hold security for the Third Party Secured ObligationsIndebtedness, accept additional or substituted security for that obligation, and subordinate, exchange, enforce, waive, release, reconvey, compromisecomprise, fail to perfect and sell or otherwise dispose of any such security. (diii) Beneficiary may direct the order and manner of any sale of all or any part of any security now or later to be held for the Third Party Secured ObligationsIndebtedness, and Beneficiary may also bid at any such sale and may apply all or any part of the Third Party Secured Obligations Indebtedness against the amount so bid. (eiv) Beneficiary may apply any payments or recoveries from Borrower (or any of them)Borrower, Grantor Trustor or any other source, and any proceeds of any security, to the Third Party Secured Obligations Indebtedness in such manner, order and priority as Beneficiary may elect, whether that obligation is secured by this Deed of Trust or not at the time of the application. (fv) Beneficiary may release Borrower of its liability for the Third Party Indebtedness or any part of it. (vi) Beneficiary may substitute, add or release any Borrowerone or more Borrowers, guarantors or endorsers. (gvii) In addition to the Third Party Secured ObligationIndebtedness, Beneficiary may extend other credit to any BorrowerXxxxxxxx, and may take and hold security for the credit so extended, whether or not such security is also security for the Third Party Secured ObligationsIndebtedness, all without affecting Beneficiary’s 's rights or Grantor’s Trustor's liability under this Deed of Trust.

Appears in 1 contract

Samples: Deed of Trust, Security Agreement, Assignment of Leases and Rents and Fixture Filing (Inco Homes Corp)

Rights of Beneficiary. Grantor Spouse authorizes Beneficiary to perform any or all of the following acts at any time in its sole discretion, all without notice to Grantor Spouse and without affecting Beneficiary’s 's rights or Grantor’s Spouse's obligations under this Deed of Trust: (a) a. Beneficiary may alter any terms of the Third Party Secured Obligations Obligation or any part of themit, including renewing, compromising, modifying, extending or accelerating, terminating early, or otherwise changing the time for payment of, or increasing or decreasing the rate of interest on, the Third Party Secured Obligations Obligation or any part of themit. (b) Beneficiary may enforce or forbear from enforcing the Third Party Secured Obligations on a net or gross basis. (c) b. Beneficiary may take and hold any additional security for the Third Party Secured ObligationsObligation, accept additional or substituted security for that obligation, and subordinate, exchange, enforce, waive, release, reconvey, compromise, fail to perfect and sell or otherwise dispose of or any such security. (d) c. Beneficiary may direct the order and manner of any sale of all or any part of any security now or later to be held for the Third Party Secured ObligationsObligation, and Beneficiary may also bid at any such sale and may apply all or any part of the Third Party Secured Obligations against the amount so bidsale. (e) d. Beneficiary may apply any payments or recoveries from Borrower (or any of them), Grantor Employee or any other source, and any proceeds of any security, to the Third Party Secured Obligations Obligation in such manner, order and priority as Beneficiary may elect, whether that obligation is secured by this Deed of Trust or not at the time of the application. (f) e. Beneficiary may release Employee of Employee's liability for the Third Party Secured Obligation or any part of it. f. Beneficiary may substitute, add or release any Borrower, one or more guarantors or endorsers. (g) g. In addition to the Third Party Secured Obligation, Beneficiary may extend other credit to any BorrowerEmployee, and may take and hold security for the credit so extended, whether or not such security is also security for the Third Party Secured Obligations, all without affecting Beneficiary’s 's rights or Grantor’s Spouse's liability under this Deed of Trust.

Appears in 1 contract

Samples: Executive Relocation Loan Agreement (Ross Stores Inc)

Rights of Beneficiary. With respect to the Obligations, Grantor authorizes Beneficiary to perform any or all of the following acts at any time in its sole discretion, all without notice to or the consent or approval of Grantor and without affecting Beneficiary’s rights or Grantor’s obligations under this Deed of Trust, but subject to the terms and conditions of the Loan Agreement, which shall supersede this Section 3.14: (a) Beneficiary may alter any terms Obligation of the Third Party Secured Obligations or any part of themparty other than Grantor, including renewing, compromising, modifying, extending or accelerating, terminating early, or otherwise changing the time for payment of, or increasing or decreasing the rate of interest on, the Third Party Secured Obligations all or any part of them.any such Obligation; (b) Beneficiary may enforce or forbear from enforcing the Third Party Secured Obligations on a net or gross basis. (c) Beneficiary may take and hold security for the Third Party Secured Obligationsany Obligation, accept additional or substituted security for that obligationtherefor, and subordinate, exchange, enforce, waive, release, reconvey, compromise, fail to perfect perfect, and sell or otherwise dispose of any such security.; (dc) Beneficiary may direct the order and manner of any public or private sale of all or any part of any security now assigned to Beneficiary by Borrower or later any other person, or otherwise to be held for comply with the Third Party Secured ObligationsUniform Commercial Code with respect to any personal property collateral, and Beneficiary may also bid at any such sale and may apply all or any part of the Third Party Secured Obligations against the amount so bid.sale; (ed) Beneficiary may shall apply any payments or recoveries from Borrower Borrower, any guarantor (or any a “Guarantor”) of them), Grantor the Obligations or any other source, and any proceeds of any security, to the Third Party Secured Obligations in such manner, order and priority as Beneficiary may electrequired by the Loan Agreement, whether that obligation is secured by this Deed of Trust or not those obligations are secured at the time of the application.; (e) Beneficiary may release Borrower or any other person of its liability for all or any part of any Obligation; (f) Beneficiary may substitute, add add, or release any Borrower, guarantors one or more Guarantors or endorsers. (g) In addition to the Third Party Secured Obligation, Beneficiary or any Lender may extend other credit to any Borrower, and may take and hold security for the credit so extended, whether or not such security is also security for the Third Party Secured Obligations, all without affecting Beneficiary’s rights or Grantor’s liability under this Deed of Trust.

Appears in 1 contract

Samples: Deed of Trust (Maxxam Inc)

Rights of Beneficiary. Grantor Co-Owner authorizes Beneficiary to perform any or all of the following acts at any time in its sole discretion, all without notice to Grantor Co-Owner and without affecting Beneficiary’s 's rights or Grantor’s Co-Owner's obligations under this Deed of Trust: (a) Beneficiary may alter any terms of the Third Party Secured Obligations Obligation or any part of themit, including renewing, compromising, modifying, extending or accelerating, terminating early, or otherwise changing the time for payment of, or increasing or decreasing the rate of interest on, the Third Party Secured Obligations Obligation or any part of them.it; (b) Beneficiary may enforce or forbear from enforcing the Third Party Secured Obligations on a net or gross basis. (c) Beneficiary may take and hold any additional security for the Third Party Secured ObligationsObligation, accept additional or substituted security for that obligation, and subordinate, exchange, enforce, waive, release, reconvey, compromise, fail to perfect and sell or otherwise dispose of any such security.; (dc) Beneficiary may direct the order and manner of any sale of all or any part of any security now or later to be held for the Third Party Secured ObligationsObligation, and Beneficiary may also bid at any such sale and may apply all or any part of the Third Party Secured Obligations against the amount so bid.sale; (ed) Beneficiary may apply any payments or recoveries from Borrower (or any of them), Grantor or any other source, and any proceeds of any security, to the Third Party Secured Obligations Obligation in such manner, order and priority as Beneficiary may elect, whether that obligation is secured by this Deed of Trust or not at the time of the application.; (e) Beneficiary may release Borrower of Borrower's liability for the Third Party Secured Obligation or any part of it; (f) Beneficiary may substitute, add or release any Borrower, one or more guarantors or endorsers.; and (g) In addition to the Third Party Secured Obligation, Beneficiary may extend other credit to any Borrower, and may take and hold security for the credit so extended, whether or not such security is also security for the Third Party Secured Obligations, all without affecting Beneficiary’s 's rights or Grantor’s Co-Owner's liability under this Deed of Trust.

Appears in 1 contract

Samples: Separation Agreement (Lynx Therapeutics Inc)

Rights of Beneficiary. Grantor authorizes Beneficiary to perform any or all of the following acts at any time in its sole discretion, all without notice to Grantor and without affecting Beneficiary’s rights or Grantor’s obligations under this Deed of Trust: (a) Beneficiary may alter any terms of the Third Party Secured Obligations or any part of them, including renewing, compromising, modifying, extending or accelerating, terminating early, or otherwise changing the time for payment of, or increasing or decreasing the rate of interest on, the Third Party Secured Obligations or any part of them. (b) Beneficiary may enforce or forbear from enforcing the Third Party Secured Obligations on a net or gross basis. (c) Beneficiary may take and hold security for the Third Party Secured Obligations, accept additional or substituted security for that obligation, and subordinate, exchange, enforce, waive, release, reconvey, compromise, fail to perfect and sell or otherwise dispose of any such security. (d) Beneficiary may direct the order and manner of any sale of all or any part of any security now or later to be held for the Third Party Secured Obligations, and Beneficiary may also bid at any such sale and may apply all or any part of the Third Party Secured Obligations against the amount so bid. (e) To the extent permitted by applicable Laws, Beneficiary may apply any payments or recoveries from Borrower (or any of them), Grantor or any other source, and any proceeds of any security, to the Third Party Secured Obligations in such manner, order and priority as Beneficiary may elect, whether that obligation is secured by this Deed of Trust or not at the time of the application. (f) Beneficiary may substitute, add or release any Borrower, guarantors or endorsers. (g) In addition to the Third Party Secured Obligation, Beneficiary may extend other credit to any Borrower, and may take and hold security for the credit so extended, whether or not such security is also security for the Third Party Secured Obligations, all without affecting Beneficiary’s rights or Grantor’s liability under this Deed of Trust.

Appears in 1 contract

Samples: Fee and Leasehold Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (KBS Real Estate Investment Trust II, Inc.)

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Rights of Beneficiary. With respect to the Obligations, Grantor authorizes Beneficiary to perform any or all of the following acts at any time in its sole discretion, all without notice to or the consent or approval of Grantor and without affecting Beneficiary’s rights or Grantor’s 's obligations under this Deed of Trust, but subject to the terms and conditions of the Loan Agreement, which shall supersede this Section 3.14: (a) Beneficiary may alter any terms Obligation of the Third Party Secured Obligations or any part of themparty other than Grantor, including renewing, compromising, modifying, extending or accelerating, terminating early, or otherwise changing the time for payment of, or increasing or decreasing the rate of interest on, the Third Party Secured Obligations all or any part of them.any such Obligation; (b) Beneficiary may enforce or forbear from enforcing the Third Party Secured Obligations on a net or gross basis. (c) Beneficiary may take and hold security for the Third Party Secured Obligationsany Obligation, accept additional or substituted security for that obligationtherefor, and subordinate, exchange, enforce, waive, release, reconvey, compromise, fail to perfect perfect, and sell or otherwise dispose of any such security.; (dc) Beneficiary may direct the order and manner of any public or private sale of all or any part of any security now assigned to Beneficiary by Borrower or later any other person, or otherwise to be held for comply with the Third Party Secured ObligationsUniform Commercial Code with respect to any personal property collateral, and Beneficiary may also bid at any such sale and may apply all or any part of the Third Party Secured Obligations against the amount so bid.sale; (ed) Beneficiary may shall apply any payments or recoveries from Borrower Borrower, any guarantor (or any a "Guarantor") of them), Grantor the Obligations or any other source, and any proceeds of any security, to the Third Party Secured Obligations in such manner, order and priority as Beneficiary may electrequired by the Loan Agreement, whether that obligation is secured by this Deed of Trust or not those obligations are secured at the time of the application.; (e) Beneficiary may release Borrower or any other person of its liability for all or any part of any Obligation; (f) Beneficiary may substitute, add add, or release any Borrower, guarantors one or more Guarantors or endorsers. (g) In addition to the Third Party Secured Obligation, Beneficiary or any Lender may extend other credit to any Borrower, and may take and hold security for the credit so extended, whether or not such security is also security for the Third Party Secured Obligations, all without affecting Beneficiary’s rights or Grantor’s 's liability under this Deed of Trust.

Appears in 1 contract

Samples: Deed of Trust (Maxxam Inc)

Rights of Beneficiary. With respect to the Obligations, Grantor authorizes Beneficiary to perform any or all of the following acts at any time in its sole discretion, all without notice to or the consent or approval of Grantor and without affecting Beneficiary’s rights or Grantor’s obligations under this Deed of Trust, but subject to the terms and conditions of the Credit Agreement, which shall supersede this Section 3.14: (a) Beneficiary may alter any terms Obligation of the Third Party Secured Obligations or any part of themparty other than Grantor, including renewing, compromising, modifying, extending or accelerating, terminating early, or otherwise changing the time for payment of, or increasing or decreasing the rate of interest on, the Third Party Secured Obligations all or any part of them.any such Obligation; (b) Beneficiary may enforce or forbear from enforcing the Third Party Secured Obligations on a net or gross basis. (c) Beneficiary may take and hold security for the Third Party Secured Obligationsany Obligation, accept additional or substituted security for that obligationtherefor, and subordinate, exchange, enforce, waive, release, reconvey, compromise, fail to perfect perfect, and sell or otherwise dispose of any such security.; (dc) Beneficiary may direct the order and manner of any public or private sale of all or any part of any security now assigned to Beneficiary by Borrower or later any other person, or otherwise to be held for comply with the Third Party Secured ObligationsUniform Commercial Code with respect to any personal property collateral, and Beneficiary may also bid at any such sale and may apply all or any part of the Third Party Secured Obligations against the amount so bid.sale; (ed) Beneficiary may shall apply any payments or recoveries from Borrower Borrower, any guarantor (or any a “Guarantor”) of them), Grantor the Obligations or any other source, and any proceeds of any security, to the Third Party Secured Obligations in such manner, order and priority as Beneficiary may electrequired by the Credit Agreement, whether that obligation is secured by this Deed of Trust or not those obligations are secured at the time of the application.; (e) Beneficiary may release Borrower or any other person of its liability for all or any part of any Obligation; (f) Beneficiary may substitute, add add, or release any Borrower, guarantors one or more Guarantors or endorsers. (g) In addition to the Third Party Secured Obligation, Beneficiary or any Lender may extend other credit to any Borrower, and may take and hold security for the credit so extended, whether or not such security is also security for the Third Party Secured Obligations, all without affecting Beneficiary’s rights or Grantor’s liability under this Deed of Trust.

Appears in 1 contract

Samples: Deed of Trust (Maxxam Inc)

Rights of Beneficiary. With respect to the Obligations, Grantor authorizes Beneficiary to perform any or all of the following acts at any time in its sole discretion, all without notice to or the consent or approval of Grantor and without affecting Beneficiary’s rights or Grantor’s 's obligations under this Deed of Trust, but subject to the terms and conditions of the Credit Agreement, which shall supersede this Section 3.14: (a) Beneficiary may alter any terms Obligation of the Third Party Secured Obligations or any part of themparty other than Grantor, including renewing, compromising, modifying, extending or accelerating, terminating early, or otherwise changing the time for payment of, or increasing or decreasing the rate of interest on, the Third Party Secured Obligations all or any part of them.any such Obligation; (b) Beneficiary may enforce or forbear from enforcing the Third Party Secured Obligations on a net or gross basis. (c) Beneficiary may take and hold security for the Third Party Secured Obligationsany Obligation, accept additional or substituted security for that obligationtherefor, and subordinate, exchange, enforce, waive, release, reconvey, compromise, fail to perfect perfect, and sell or otherwise dispose of any such security.; (dc) Beneficiary may direct the order and manner of any public or private sale of all or any part of any security now assigned to Beneficiary by Borrower or later any other person, or otherwise to be held for comply with the Third Party Secured ObligationsUniform Commercial Code with respect to any personal property collateral, and Beneficiary may also bid at any such sale and may apply all or any part of the Third Party Secured Obligations against the amount so bid.sale; (ed) Beneficiary may shall apply any payments or recoveries from Borrower Borrower, any guarantor (or any a "Guarantor") of them), Grantor the Obligations or any other source, and any proceeds of any security, to the Third Party Secured Obligations in such manner, order and priority as Beneficiary may electrequired by the Credit Agreement, whether that obligation is secured by this Deed of Trust or not those obligations are secured at the time of the application.; (e) Beneficiary may release Borrower or any other person of its liability for all or any part of any Obligation; (f) Beneficiary may substitute, add add, or release any Borrower, guarantors one or more Guarantors or endorsers. (g) In addition to the Third Party Secured Obligation, Beneficiary or any Lender may extend other credit to any Borrower, and may take and hold security for the credit so extended, whether or not such security is also security for the Third Party Secured Obligations, all without affecting Beneficiary’s rights or Grantor’s 's liability under this Deed of Trust.

Appears in 1 contract

Samples: Deed of Trust (Maxxam Inc)

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