Trustee’s Deeds. After any sale under this subsection, Trustee shall make good and sufficient deeds, assignments, and other conveyances to the purchaser or purchasers thereunder in the name of Borrower, conveying the Property or any part thereof so sold to the purchaser or purchasers with special warranty of title by Xxxxxxxx. It is agreed that in any deeds, assignments or other conveyances given by Trustee, absent fraud, willful misconduct or gross negligence, any and all statements of fact or other recitals therein made as to the identity of Xxxxxx, the occurrence or existence of any Event of Default, the notice of intention to accelerate, or acceleration of, the maturity of the Debt, the request to sell, notice of sale, time, place, terms and manner of sale, and receipt, distribution, and application of the money realized therefrom, the due and proper appointment of a substitute trustee, and without being limited by the foregoing, any other act or thing having been duly done by or on behalf of Lender or by or on behalf of Trustee, shall be taken by all courts of law and equity as prima facie evidence that such statements or recitals state true, correct, and complete facts and are without further question to be so accepted, and Xxxxxxxx does hereby ratify and confirm any and all acts that Trustee may lawfully do in the premises by virtue hereof.”
Appears in 2 contracts
Samples: Trust and Security Agreement (Inland American Real Estate Trust, Inc.), Trust and Security Agreement (Inland American Real Estate Trust, Inc.)
Trustee’s Deeds. After any sale under this subsection, Trustee shall make good and sufficient deeds, assignments, and other conveyances to the purchaser or purchasers thereunder in the name of Borrower, conveying the Property or any part thereof so sold to the purchaser or purchasers with special warranty of title by XxxxxxxxBorrower. It is agreed that in any deeds, assignments or other conveyances given by Trustee, absent fraud, willful misconduct or gross negligence, any and all statements of fact or other recitals therein made as to the identity of XxxxxxLender, the occurrence or existence of any Event of Default, the notice of intention to accelerate, or acceleration of, the maturity of the Debt, the request to sell, notice of sale, time, place, terms and manner of sale, and receipt, distribution, and application of the money realized therefrom, the due and proper appointment of a substitute trustee, and without being limited by the foregoing, any other act or thing having been duly done by or on behalf of Lender or by or on behalf of Trustee, shall be taken by all courts of law and equity as prima facie evidence that such statements or recitals state true, correct, and complete facts and are without further question to be so accepted, and Xxxxxxxx Borrower does hereby ratify and confirm any and all acts that Trustee may lawfully do in the premises by virtue hereof.”
Appears in 2 contracts
Samples: Deed of Trust and Security Agreement (Inland American Real Estate Trust, Inc.), Deed of Trust and Security Agreement (Inland American Real Estate Trust, Inc.)
Trustee’s Deeds. After any sale under this --------------- subsection, Trustee shall make good and sufficient deeds, assignments, and other conveyances to the purchaser or purchasers thereunder in the name of BorrowerGrantor, conveying the Mortgaged Property or any part thereof so sold to the purchaser or purchasers with special general warranty of title by XxxxxxxxGrantor. It is agreed that in any deeds, assignments or other conveyances given by Trustee, absent fraud, willful misconduct or gross negligence, any and all statements of fact or other recitals therein made as to the identity of XxxxxxBeneficiary, the occurrence or existence of any Event of Default, the notice of intention to accelerate, or acceleration of, the maturity of the DebtIndebtedness, the request to sell, notice of sale, time, place, terms and manner of sale, and receipt, distribution, and application of the money realized therefrom, the due and proper appointment of a substitute trusteeTrustee, and without being limited by the foregoing, any other act or thing having been duly done by or on behalf of Lender Beneficiary or by or on behalf of Trustee, shall be taken by all courts of law and equity as prima ----- facie evidence that such statements or recitals state true, ----- correct, and complete facts and are without further question to be so accepted, and Xxxxxxxx Grantor does hereby ratify and confirm any and all acts that Trustee may lawfully do in the premises by virtue hereof.”
Appears in 1 contract
Samples: Cellstar Corp
Trustee’s Deeds. After any sale under this subsection, Trustee shall make good and sufficient deeds, assignments, and other conveyances to the purchaser or purchasers thereunder in the name of Borrower, conveying the Mortgaged Property or any part thereof so sold to the purchaser or purchasers with special general warranty of title by XxxxxxxxBorrower. It is agreed that in any deeds, assignments or other conveyances given by Trustee, absent fraud, willful misconduct or gross negligence, any and all statements of fact or other recitals therein made as to the identity of XxxxxxLender, the occurrence or existence of any Event of Default, the notice of intention to accelerate, or acceleration of, the maturity of the DebtIndebtedness, the request to sell, notice of sale, time, place, terms and manner of sale, and receipt, distribution, and application of the money realized therefrom, the due and proper appointment of a substitute trustee, and without being limited by the foregoing, any other act or thing having been duly done by or on behalf of Lender or by or on behalf of Trustee, shall be taken by all courts of law and equity as prima facie PRIMA FACIE evidence that such statements or recitals state true, correct, and complete facts and are without further question to be so accepted, and Xxxxxxxx Borrower does hereby ratify and confirm any and all acts that Trustee may lawfully do in the premises by virtue hereof.”
Appears in 1 contract
Trustee’s Deeds. After any sale under this subsection, Trustee shall make good and sufficient deeds, assignments, and other conveyances to the purchaser or purchasers thereunder in the name of Borrower, conveying the Mortgaged Property or any part thereof so sold to the purchaser or purchasers with special general warranty of title by XxxxxxxxBorrower. It is agreed that in any deeds, assignments or other conveyances given by Trustee, absent fraud, willful misconduct or gross negligence, any and all statements of fact or other recitals therein made as to the identity of XxxxxxLender, the occurrence occurrences or existence of any Event of Default, the notice of intention to accelerate, or acceleration of, the maturity of the DebtIndebtedness, the request to sell, notice of sale, time, place, terms and manner of sale, and receipt, distribution, and application of the money realized therefrom, the due and proper appointment of a substitute trusteeTrustee, and without being limited by the foregoing, any other act or thing having been duly done by or on behalf of Lender or by or on behalf of Trustee, shall be taken by all courts of law and equity as prima facie evidence that such statements or recitals state true, correct, and complete facts and are without further question to be so accepted, and Xxxxxxxx Borrower does hereby ratify and confirm any and all acts that Trustee may lawfully do in the premises by virtue hereof.”
Appears in 1 contract
Trustee’s Deeds. After any sale under this subsection, Trustee shall make good and sufficient deeds, assignments, and other conveyances to the purchaser or purchasers thereunder in the name of Borrower, conveying the Property or any part thereof so sold to the purchaser or purchasers with special general warranty of title by XxxxxxxxBorrower. It is agreed that in any deeds, assignments or other conveyances given by Trustee, absent fraud, willful misconduct or gross negligence, any and all statements of fact or other recitals therein made as to the identity of XxxxxxLender, the occurrence or existence of any Event of Default, the notice of intention to accelerate, or acceleration of, the maturity of the Debt, the request to sell, notice of sale, time, place, terms and manner of sale, and receipt, distribution, and application of the money realized therefrom, the due and proper appointment of a substitute trustee, and without being limited by the foregoing, any other act or thing having been duly done by or on behalf of Lender or by or on behalf of Trustee, shall be taken by all courts of law and equity as prima facie PRIMA FACIE evidence that such statements or recitals state true, correct, and complete facts and are without further question to be so accepted, and Xxxxxxxx Borrower does hereby ratify and confirm any and all acts that Trustee may lawfully do in the premises by virtue hereof.”"
Appears in 1 contract
Samples: Trust and Security Agreement (Behringer Harvard Reit I Inc)
Trustee’s Deeds. After any sale under this subsection, Trustee shall make good and sufficient deeds, assignments, and other conveyances to the purchaser or purchasers thereunder in the name of BorrowerGrantor, conveying the Mortgaged Property or any part thereof so sold to the purchaser or purchasers with special general warranty of title by XxxxxxxxGrantor. It is agreed that in any deeds, assignments assignments, or other conveyances given by Trustee, absent fraud, willful misconduct or gross negligence, any and all statements of fact or other recitals therein made as to the identity of XxxxxxBeneficiary, the occurrence or existence of any Event of Default, the notice of intention to accelerate, or acceleration of, the maturity of the DebtIndebtedness, the request to sell, notice of sale, time, place, terms and manner of sale, and receipt, distribution, and application of the money realized therefrom, the due and proper appointment of a substitute trustee, and without being limited by the foregoing, any other act or thing having been duly done by or on behalf of Lender Beneficiary or by or on behalf of Trustee, shall be taken by all courts of law and equity as conclusive (to the extent authorized by law) or prima facie evidence that such statements or recitals state true, correct, and complete facts and are without further question to be so accepted, and Xxxxxxxx Grantor does hereby ratify and confirm any and all acts that Trustee may lawfully do in the premises by virtue hereof.”
Appears in 1 contract
Samples: Fiber Exchange Agreement (General Communication Inc)