Succession Instruments. Any substitute trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed, or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its or his/her predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Lender or of the substitute trustee, the Trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trustee, upon the trusts herein expressed, all the estates, properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such Trustee to the substitute trustee so appointed in the Trustee’s place.
Appears in 18 contracts
Samples: Security Agreement and Fixture Filing, Filing and Security Agreement (Manufactured Housing Properties Inc.), Security Agreement and Fixture Filing (Moody National REIT II, Inc.)
Succession Instruments. Any substitute trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed, or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its or his/her predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Lender or of the substitute trustee, the Trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trustee, upon the trusts herein expressed, all the estates, properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such Trustee to the substitute trustee so appointed in the Trustee’s 's place.
Appears in 15 contracts
Samples: Security Agreement and Fixture Filing (Glimcher Realty Trust), Deed of Trust and Security Agreement (Global Geophysical Services Inc), Trust and Security Agreement (Corporate Property Associates 15 Inc)
Succession Instruments. Any substitute trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed, deed or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its its, his or his/her predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Lender or of the substitute trustee, the Trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trustee, upon the trusts herein expressed, all the estates, properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such Trustee to the substitute trustee so appointed in the such Trustee’s place.
Appears in 9 contracts
Samples: , Security Agreement and Fixture Filing (Campus Crest Communities, Inc.), Management Agreement (Campus Crest Communities, Inc.), Fixture Filing (KBS Real Estate Investment Trust II, Inc.)
Succession Instruments. Any substitute trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed, deed or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its or his/her his predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Lender Beneficiary or of the substitute trustee, the Trustee trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trustee, upon the trusts herein expressed, all the estates, properties, rights, powers, and trusts of the Trustee trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys monies held by such Trustee trustee to the substitute trustee so appointed in the Trusteetrustee’s place.
Appears in 8 contracts
Samples: Security Agreement and Fixture Filing (Radnor Holdings Corp), Security Agreement and Fixture Filing (Radnor Holdings Corp), Security Agreement and Fixture Filing (Radnor Holdings Corp)
Succession Instruments. Any substitute trustee Trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed, or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its or his/her his predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Lender Beneficiary or of the substitute trusteeTrustee, the Trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trusteeTrustee, upon the trusts herein expressed, all the estates, properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such Trustee to the substitute trustee Trustee so appointed in the Trustee’s place.
Appears in 8 contracts
Samples: Deed of Trust (Grubb & Ellis Healthcare REIT II, Inc.), And Attornment Agreement (Jacobs Entertainment Inc), And Attornment Agreement (Jacobs Entertainment Inc)
Succession Instruments. Any substitute trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed, deed or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its its, his or his/her predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Lender Beneficiary or of the substitute trustee, the Trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trustee, upon the trusts herein expressed, all the estates, properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such Trustee to the substitute trustee so appointed in the such Trustee’s 's place.
Appears in 6 contracts
Samples: Defined Terms (Bluerock Residential Growth REIT, Inc.), M & F Worldwide Corp, Trust and Security Agreement (Cornerstone Realty Income Trust Inc)
Succession Instruments. Any substitute trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed, deed or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its its, his or his/her predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Lender Beneficiary or of the substitute trustee, the Trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trustee, upon the trusts herein expressed, all the estates, properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such Trustee to the substitute trustee so appointed in the such Trustee’s place.
Appears in 5 contracts
Samples: Agreement and Fixture Filing, Credit and Guaranty Agreement (Del Frisco's Restaurant Group, LLC), Security Agreement and Fixture Filing (TNP Strategic Retail Trust, Inc.)
Succession Instruments. Any substitute trustee Trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed, or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its or his/her his predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Lender or of the substitute trusteeTrustee, the Trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trusteeTrustee, upon the trusts herein expressed, all the estates, properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such Trustee to the substitute trustee Trustee so appointed in the Trustee’s place.
Appears in 4 contracts
Samples: And Security Agreement (Gladstone Commercial Corp), Security Agreement and Fixture Filing (Inland American Real Estate Trust, Inc.), And Security Agreement (Gladstone Commercial Corp)
Succession Instruments. Any substitute trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed, or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its or his/her predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Lender Agent or of the substitute trustee, the Trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trustee, upon the trusts herein expressed, all the estates, properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such Trustee to the substitute trustee so appointed in the Trustee’s place.
Appears in 3 contracts
Samples: Agreement and Fixture Filing (Excel Trust, L.P.), Agreement and Fixture Filing (Excel Trust, L.P.), Security Agreement and Fixture Filing (Dixie Group Inc)
Succession Instruments. Any substitute trustee Trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed, or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its or his/her his predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Lender or of the substitute trusteeTrustee, the Trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trusteeTrustee, upon the trusts herein expressed, all the estates, properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such Trustee to the substitute trustee Trustee so appointed in the Trustee’s 's place.
Appears in 3 contracts
Samples: Loan Agreement (Coolbrands International Inc), Sun Communities Inc, Behringer Harvard Short Term Opportunity Fund I Lp
Succession Instruments. Any substitute trustee Trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed, or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its or his/her his predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Lender Beneficiary or of the substitute trusteeTrustee, the Trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trusteeTrustee, upon the trusts herein expressed, all the estates, properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such Trustee to the substitute trustee Trustee so appointed in the Trustee’s place.
Appears in 2 contracts
Samples: Credit Agreement (Powersecure International, Inc.), Term Credit Agreement (Powersecure International, Inc.)
Succession Instruments. Any substitute trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed, or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its or his/her his predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Lender Beneficiary or of the substitute trustee, the Trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trustee, upon the trusts herein expressed, all the estates, properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such Trustee to the substitute trustee so appointed in the Trustee’s place.
Appears in 2 contracts
Samples: Sirius Xm Radio Inc., Sirius Xm Radio Inc.
Succession Instruments. Any substitute trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed, deed or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its or his/her predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Lender Beneficiary or of the substitute trustee, the Trustee predecessor trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trustee, upon the trusts herein expressed, all of the estates, properties, rights, powers, powers and trusts of the Trustee such predecessor trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such Trustee trustee to the such substitute trustee so appointed in the Trustee’s placetrustee.
Appears in 2 contracts
Samples: Trust and Security Agreement (Wells Real Estate Investment Trust Inc), Trust and Security Agreement (Wells Real Estate Investment Trust Inc)
Succession Instruments. Any substitute trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed, or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its or his/her his predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Lender or of the substitute trustee, the Trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trustee, upon the trusts herein expressed, all the estates, properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such Trustee to the substitute trustee so appointed in the Trustee’s place.
Appears in 2 contracts
Samples: Fixture Filing and Security Agreement (Taubman Centers Inc), Security Agreement (Koger Equity Inc)
Succession Instruments. Any substitute trustee Trustee appointed pursuant to ---------------------- any of the provisions hereof shall, without any further act, deed, or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its or his/her his predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Lender Beneficiary or of the substitute trusteeTrustee, the Trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trusteeTrustee, upon the trusts herein expressed, all the estates, properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such Trustee to the substitute trustee Trustee so appointed in the Trustee’s 's place.
Appears in 2 contracts
Samples: Deed of Trust and Security Agreement (Nei Webworld Inc), Cellstar Corp
Succession Instruments. Any substitute trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed, deed or conveyance, become vested with all the estates, properties, rights, powers, powers and trusts of its its, his or his/her predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Lender or of the substitute trustee, the Trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trustee, upon the trusts herein expressed, all the estates, properties, rights, powers, powers and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such Trustee to the substitute trustee so appointed in the such Trustee’s place.
Appears in 2 contracts
Samples: Loan Agreement (Jameson Inns Inc), Environmental Indemnity Agreement (Jameson Inns Inc)
Succession Instruments. Any substitute trustee Trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed, or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its or his/her his predecessor in the rights hereunder with like effect as if originally named as the Trustee herein; but nevertheless, upon the written request of Lender the Beneficiary or of the substitute trusteeTrustee, the Trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trusteeTrustee, upon the trusts herein expressed, all the estates, properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such Trustee to the substitute trustee Trustee so appointed in the Trustee’s place.
Appears in 1 contract
Samples: Credit Agreement (Consolidated Communications Holdings, Inc.)
Succession Instruments. Any substitute trustee appointed pursuant to any of the provisions hereof shallwill, without any further act, deed, or conveyance, become vested with all the estates, properties, rights, powers, and trusts trust of its or his/her predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Lender Administrative Agent or of the substitute trustee, the Trustee ceasing to act shall will execute and deliver any instrument transferring to such substitute trustee, upon the trusts herein expressed, all the estates, properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall will duly assign, transfer and deliver any of the property and moneys held by such Trustee to the substitute trustee so appointed in the Trustee’s place.
Appears in 1 contract
Succession Instruments. Any substitute trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed, or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its or his/her predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Lender Agent or of the substitute trustee, the Trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trustee, upon the trusts herein expressed, all the estates, properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such Trustee to the substitute trustee so appointed in the Trustee’s place.]
Appears in 1 contract
Samples: Assignment and Acceptance Agreement (U-Store-It Trust)
Succession Instruments. Any substitute trustee Trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed, or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its or his/her his predecessor in the rights hereunder with like effect as if originally named as Trustee herein; , but nevertheless, upon the written request of Lender Beneficiary or of the substitute trusteeTrustee, the Trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trusteeTrustee, upon the trusts herein expressed, all the estates, properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such Trustee to the The substitute trustee Trustee so appointed in the Trustee’s 's place.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Healthtech International Inc)
Succession Instruments. Any substitute trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed, deed or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its or his/her predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Lender or of the substitute trustee, the Trustee predecessor trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trustee, upon the trusts herein expressed, all of the estates, properties, rights, powers, powers and trusts of the Trustee such predecessor trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such Trustee trustee to the such substitute trustee so appointed in the Trustee’s placetrustee.
Appears in 1 contract
Samples: Trust and Security Agreement (Wells Real Estate Investment Trust Inc)
Succession Instruments. Any substitute trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed, or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its or his/her his predecessor in the rights hereunder with like effect as if originally named as the Trustee herein; but nevertheless, upon the written request of Lender or of the substitute trustee, the Trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trustee, upon the trusts herein expressed, all the estates, properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such Trustee to the substitute trustee so appointed in the Trustee’s place.
Appears in 1 contract
Samples: Trust and Security Agreement (Behringer Harvard Reit I Inc)
Succession Instruments. Any substitute trustee Trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed, or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its or his/her his predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Lender Beneficiary or of the substitute trusteeTrustee, the Trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trusteeTrustee, upon the trusts herein expressed, all the estates, properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall duly assign, DEED OF TRUST - Page 38 transfer and deliver any of the property and moneys held by such Trustee to the substitute trustee Trustee so appointed in the Trustee’s place.
Appears in 1 contract
Succession Instruments. Any substitute trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed, or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its or his/her predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Lender Beneficiary or of the substitute trustee, the Trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trustee, upon the trusts herein expressed, all the estates, properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such Trustee to the substitute trustee so appointed in the Trustee’s place.
Appears in 1 contract
Samples: Fixture Filing Statement (Seaport Entertainment Group Inc.)
Succession Instruments. Any substitute trustee Trustee appointed pursuant to any of the provisions hereof and applicable law shall, without any further act, deed, or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its or his/her his predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Lender Beneficiary or of the substitute trusteeTrustee, the Trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trusteeTrustee, upon the trusts herein expressed, all the estates, properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such Trustee to the substitute trustee Trustee so appointed in the Trustee’s 's place.
Appears in 1 contract
Samples: Security Agreement (New Cf&i Inc)
Succession Instruments. Any substitute trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed, or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its or his/her predecessor in the rights hereunder with like effect as if originally named as the Trustee herein; but nevertheless, upon the written request of Lender the Beneficiary or of the substitute trustee, the Trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trustee, upon the trusts herein expressed, all the estates, properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such the Trustee to the substitute trustee so appointed in the Trustee’s 's place.
Appears in 1 contract
Succession Instruments. Any substitute trustee Trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed, or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its or his/her such Trustee’s predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Lender Beneficiary or of the substitute trusteeTrustee, the Trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trusteeTrustee, upon the trusts herein expressed, all the estates, properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such Trustee to the substitute trustee Trustee so appointed in the Trustee’s 's place.
Appears in 1 contract
Samples: Security Agreement and Fixture Filing (Cornerstone Growth & Income REIT, Inc.)
Succession Instruments. Any substitute trustee Trustee appointed pursuant to any of the provisions hereof shall, without any further act, . deed, or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its or his/her his predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Lender Beneficiary or of the substitute trusteeTrustee, the Trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trusteeTrustee, upon the trusts herein expressed, all the estates, properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such Trustee to the substitute trustee Trustee so appointed in the Trustee’s 's place.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (Inland Diversified Real Estate Trust, Inc.)
Succession Instruments. Any substitute trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed, or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its or his/her predecessor in the rights hereunder with like effect as if originally named as the Trustee herein; but nevertheless, upon the written request of Lender or of the substitute trustee, the Trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trustee, upon the trusts herein expressed, all the estates, properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such Trustee to the substitute trustee so appointed in the Trustee’s place.
Appears in 1 contract
Samples: Trust, Security Agreement (NNN Apartment REIT, Inc.)
Succession Instruments. Any substitute trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed, or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its or his/her his predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Lender Beneficiary or of the substitute trustee, the Trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trustee, upon the trusts herein expressed, all the estates, properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall duly EXHIBIT G-1 – CBL 4873-9001-7310\2 assign, transfer and deliver any of the property and moneys held by such Trustee to the substitute trustee so appointed in the Trustee’s place.
Appears in 1 contract
Succession Instruments. Any substitute trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed, deed or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its its, his or his/her predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Lender or of the substitute trustee, the Trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trustee, upon the trusts herein expressed, all the estates, properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such Trustee to the substitute trustee so appointed in the such Trustee’s 's place.
Appears in 1 contract
Samples: Security Agreement and Fixture Filing (Glimcher Realty Trust)
Succession Instruments. Any substitute trustee appointed pursuant ---------------------- to any of the provisions hereof shall, without any further act, deed, deed or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its its, his or his/her predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Lender Xxxxxxxxxxx or of the substitute trustee, the Trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trustee, upon the trusts herein expressed, all the estates, properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such Trustee to the substitute trustee so appointed in the such Trustee’s 's place.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (Cornerstone Realty Income Trust Inc)
Succession Instruments. Any substitute trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed, or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its or his/her predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Lender or of the substitute trustee, the Trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trustee, upon the trusts herein expressed, all the estates, properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such Trustee to the substitute trustee so appointed in the Trustee’s 's place.. ARTICLE 16 -
Appears in 1 contract
Succession Instruments. Any substitute trustee Trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed, or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its or his/her predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Lender Beneficiary or of the substitute trusteeTrustee, the Trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trusteeTrustee, upon the trusts herein expressed, all the estates, properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall duly assign, transfer transfer, and deliver any of the property and moneys held by such Trustee to the substitute trustee Trustee so appointed in the Trustee’s 's place.
Appears in 1 contract
Samples: Fiber Exchange Agreement (General Communication Inc)
