Control in Manager Sample Clauses

Control in Manager. Subject to the provisions of Section 3.2 and except as otherwise expressly stated elsewhere in this Agreement, the Manager has exclusive control over the business of the Company (with all acts and decisions being in its sole discretion except as specifically set forth in this Agreement), including the power to assign duties, to determine how to invest the Company's assets, to sign bills of sale, title documents, leases, notes, security agreements, Mortgage Investments and contracts, and to assume direction of the business operations. As Manager of the Company and its business, the Manager has all duties generally associated with that position, including dealing with Members, being responsible for all accounting, tax and legal matters, performing internal reviews of the Company's investments and loans, determining how and when to invest the Company's capital, and determining the course of action to take for Company loans that are in default. The Manager also has all of these powers for ancillary matters. Without limiting the generality of the foregoing, the powers include the right (except as specifically set forth in this Agreement, including under Section 3.2): 3.1.1. To evaluate potential Company investments and to expend the capital of the Company in furtherance of the Company's business; 3.1.2. To acquire, hold, lease, sell, trade, exchange, or otherwise dispose of all or any portion of Company property or any interest therein at a price and upon the terms and conditions as the Manager may deem proper; 3.1.3. To cause the Company to become a joint venturer, general or limited partner or member of an entity formed to own, develop, operate and dispose of properties owned or co-owned by the Company acquired through foreclosure of a Mortgage Loan; 3.1.4. To manage, operate and develop Company property, or to employ and supervise a property manager who may, or may not, be an Affiliate of the Manager; 3.1.5. To borrow money from banks and other lending institutions for any Company purpose, and as security therefore, to encumber Company property; 3.1.6. To repay in whole or in part, refinance, increase, modify, or extend, any obligation, affecting Company property; 3.1.7. To employ or engage from time to time, at the expense of the Company, Persons, including the Manager and its Affiliates, required for the operation of the Company's business, including employees, agents, independent contractors, brokers, accountants, attorneys, and others; to enter into agre...