Common use of Succession Instruments Clause in Contracts

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

Sources: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing, Deed of Trust, Assignment of Leases and Rents, Fixture Filing and Security Agreement (Manufactured Housing Properties Inc.), Deed of Trust, Assignment of Leases and Rents, 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 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 's place.

Appears in 9 contracts

Sources: Deed of Trust, Assignment of Leases and Rents and Security Agreement (Lodging Fund REIT III, Inc.), Deed of Trust, Assignment of Leases and Rents and Security Agreement (Lodging Fund REIT III, Inc.), Deed of Trust (Electro Scientific Industries 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

Sources: Deed of Trust, Security Agreement and Fixture Filing (Campus Crest Communities, Inc.), Deed of Trust, Security Agreement and Fixture Filing (Campus Crest Communities, Inc.), Deed of Trust, Security Agreement, Assignment of Rents and Fixture Filing (Lightstone Value Plus Real Estate Investment 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 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

Sources: Deed of Trust (Grubb & Ellis Healthcare REIT II, Inc.), Deed of Trust (Jacobs Entertainment Inc), Credit Line Deed of Trust (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 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

Sources: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Styrochem U S LTD), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Styrochem U S LTD), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Styrochem U S LTD)

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 7 contracts

Sources: Deed of Trust, Security Agreement, Assignment of Leases and Fixture Filing (Medalist Diversified REIT, Inc.), Deed of Trust, Security Agreement, Assignment of Leases and Fixture Filing (Medalist Diversified REIT, Inc.), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Moody National REIT I, 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

Sources: Deed of Trust (Bluerock Residential Growth REIT, Inc.), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (M & F Worldwide Corp), Credit Line Deed of Trust (Glimcher Realty 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 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 5 contracts

Sources: Deed of Trust (Parks America, Inc), Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing (Inland American Real Estate Trust, Inc.), Deed of Trust, Assignment of Leases and Rents 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, 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

Sources: Deed of Trust, Credit and Guaranty Agreement (Del Frisco's Restaurant Group, LLC), Deed of Trust (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 's place.

Appears in 3 contracts

Sources: Loan Agreement (Coolbrands International Inc), Deed of Trust (Behringer Harvard Short Term Opportunity Fund I Lp), Deed of Trust (Sun Communities 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 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

Sources: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Excel Trust, L.P.), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Excel Trust, L.P.), Deed of Trust, Assignment of Leases and Rents, 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 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

Sources: Deed of Trust and Security Agreement (Nei Webworld Inc), Deed of Trust (Cellstar Corp)

Succession Instruments. Any substitute trustee new 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 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 trusteesuccessor Trustee, the Trustee ceasing to act shall execute and deliver any an instrument in recordable form transferring to such substitute trusteesuccessor 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 successor Trustee so appointed in the Trustee’s its place.

Appears in 2 contracts

Sources: Credit Agreement (Mueller Water Products, Inc.), Credit Agreement (Mueller Water Products, 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 2 contracts

Sources: Deed of Trust, Assignment of Leases and Rents, Fixture Filing and Security Agreement (JOSS Realty REIT, Inc.), Deed of Trust and Security Agreement (Behringer Harvard Reit I 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

Sources: Leasehold Deed of Trust and Security Agreement (Wells Real Estate Investment Trust Inc), Leasehold Deed of 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 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

Sources: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Sirius Xm Radio Inc.), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Sirius Xm Radio 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

Sources: Deed of Trust and Security Agreement (Koger Equity Inc), Leasehold Deed of Trust, Assignment of Leases and Rents, Fixture Filing and Security Agreement (Taubman Centers 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 place.

Appears in 2 contracts

Sources: 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, 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

Sources: Deed of Trust (Jameson Inns Inc), Loan 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 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

Sources: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Cornerstone Growth & Income 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 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

Sources: Deed of Trust

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

Sources: Deed of Trust (New Cf&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, 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

Sources: Deed of Trust and Security Agreement (Inland Diversified Real Estate 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 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

Sources: 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 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

Sources: Credit Agreement (Sanders Morris Harris 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 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

Sources: Purchase and Sales 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 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

Sources: Deed of Trust (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 ▇▇▇▇▇▇▇▇▇▇▇ 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

Sources: 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 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

Sources: Deed of Trust, Security Agreement, Fixture Financing Statement and Assignment of Leases and Rents (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 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

Sources: Credit 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 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

Sources: Credit and Security Agreement (General Communication 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 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

Sources: Deed of Trust, Security Agreement, Assignment of Leases and Rents and Fixture Filing Statement (Seaport Entertainment Group Inc.)

Succession Instruments. Any substitute trustee appointed pursuant to any of the provisions hereof of this Security Instrument 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 under this Security Instrument with like effect as if originally named as Trustee hereinin this Security Instrument; 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 in this Security Instrument 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 1 contract

Sources: Deed of Trust and Security Agreement

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

Sources: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (KBS Real Estate Investment Trust III, 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

Sources: Credit Line Deed of Trust and Security Agreement (Wells Real Estate Investment 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 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

Sources: Amendment Agreement (Consolidated Communications Holdings, Inc.)