Common use of Off-Set Clause in Contracts

Off-Set. All sums payable by Trustor under the Note and this Trust Deed shall be paid without notices, demand, counterclaim, set-off, deduction or defense and without abatement, suspension, deferment, diminution or reduction. The Obligations and liabilities of Trustor hereunder shall in no way be released, discharged or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of, or any condemnation or similar taking of the Trust Estate or any part thereof; (b) any destruction or prevention of or interference with any use of the Trust Estate or any part thereof; (c) any title defect or encumbrance or any eviction from the Trust Estate or any part thereof by title paramount or otherwise; (d) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to Beneficiary, or any action taken with respect to this Trust Deed by any trustee or receiver of Beneficiary, or by any court, in any such proceeding; (e) any claim which Trustor has or might have against Beneficiary; (f) the occurrence of an Event of Default or any default or failure on the part of Beneficiary to perform or comply with any of the terms, covenants or conditions of this Trust Deed beyond any applicable grace or cure period or of any other agreement with Trustor; or (g) any other occurrence whatsoever, whether similar or dissimilar to the foregoing.

Appears in 1 contract

Sources: Trust Deed, Assignment of Rents, Security Agreement and Fixture Filing (Evans & Sutherland Computer Corp)

Off-Set. All sums payable by Trustor Borrower under the Note and this Deed of Trust shall (unless otherwise specifically provided in this Deed shall of Trust) be paid without noticesnotice, demand, counterclaim, set-off, deduction or defense and without abatement, suspension, deferment, diminution or reduction. The Obligations obligations and liabilities of Trustor Borrower hereunder shall in no way be released, discharged or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of, or any condemnation or similar taking of the Trust Estate Property or any part thereof; (b) any destruction restriction or prevention of or interference with any use of the Trust Estate Property or any part thereof; (c) any title defect or encumbrance or any eviction from the Trust Estate Property or any part thereof by title paramount or otherwise; (d) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to BeneficiaryLender, or any action taken with respect to this Deed of Trust Deed by any trustee or receiver of BeneficiaryLender, or by any court, in any such proceeding; (e) any claim which Trustor Borrower has or might have against BeneficiaryLender; (f) the occurrence of an Event of Default or any default or failure on the part of Beneficiary Lender to perform or comply with any of the terms, covenants or conditions of this Deed of Trust Deed beyond any applicable grace or cure period or of any other agreement with TrustorBorrower; or (g) any other occurrence whatsoever, whether similar or dissimilar to the foregoing.

Appears in 1 contract

Sources: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Financing Statement (SHARING SERVICES GLOBAL Corp)