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 Grantor, conveying the Property or any part thereof so sold to the purchaser or purchasers with special warranty of title by Grantor. It is agreed that in any deeds, assignments or other conveyances given by Trustee, any and all statements of fact or other recitals therein made as to the identity of Beneficiary, the occurrence or existence of any Event of Default, the notice of intention to accelerate, or acceleration of, the maturity of the Indebtedness, 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 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 Grantor does hereby ratify and confirm any and all acts that Trustee may lawfully do in the premises by virtue hereof.
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)
Trustee’s Deeds. After any sale under this subsection, Trustee shall make good and sufficient deeds, assignments assignments, and other conveyances to the purchaser or purchasers thereunder in the name of Grantor, conveying the Mortgaged Property or any part thereof so sold to the purchaser or purchasers with special general warranty of title by Grantor. It is agreed that in any deeds, assignments or other conveyances given by Trustee, any and all statements of fact or other recitals therein made as to the identity of Beneficiary, the occurrence or existence of any Event of Default, the notice of intention to accelerate, or acceleration of, the maturity of the Indebtedness, 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 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 correct, and complete facts and are without further question to be so accepted, and Grantor does hereby ratify and confirm any and all acts that Trustee may lawfully do in the premises by virtue hereof.
Appears in 6 contracts
Sources: Credit Agreement (Powersecure International, Inc.), Deed of Trust (Grubb & Ellis Healthcare REIT II, Inc.), Term Credit Agreement (Powersecure International, Inc.)
Trustee’s Deeds. After any sale under this subsection, Trustee shall make good and sufficient deeds, assignments assignments, and other conveyances to the purchaser or purchasers thereunder in the name of GrantorBorrower, conveying the Property or any part thereof so sold to the purchaser or purchasers with special general warranty of title by GrantorBorrower. It is agreed that in any deeds, assignments or other conveyances given by Trustee, any and all statements of fact or other recitals therein made as to the identity of BeneficiaryLender, the occurrence or existence of any Event of Default, the notice of intention to accelerate, or acceleration of, the maturity of the IndebtednessDebt, 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 Beneficiary 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 correct, and complete facts and are without further question to be so accepted, and Grantor 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
Sources: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Glimcher Realty Trust), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Lasalle Hotel Properties)
Trustee’s Deeds. After any sale under this subsection, Trustee shall make good and sufficient deeds, assignments assignments, and other conveyances to the purchaser or purchasers thereunder in the name of GrantorBorrower, conveying the Property or any part thereof so sold to the purchaser or purchasers with special general warranty of title by GrantorBorrower. It is agreed that in any deeds, assignments or other conveyances given by Trustee, any and all statements of fact or other recitals therein made as to the identity of BeneficiaryLender, the occurrence or existence of any Event of Default, the notice of intention to accelerate, or acceleration of, the maturity of the IndebtednessDebt, 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 Beneficiary 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 correct, and complete facts and are without further question to be so accepted, and Grantor 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 assignments, and other conveyances to the purchaser or purchasers thereunder in the name of Grantor, conveying the Property or any part thereof so sold to the purchaser or purchasers with special general warranty of title by GrantorBorrower. It is agreed that in any deeds, assignments or other conveyances given by Trustee, any and all statements of fact or other recitals therein made as to the identity of BeneficiaryLender, the occurrence or existence of any Event of Default, the notice of intention to accelerate, or acceleration of, the maturity of the IndebtednessDebt, 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 Beneficiary 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 correct, and complete facts and are without further question to be so accepted, and Grantor 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
Sources: Deed of Trust, Assignment of Leases and Rents and Security Agreement (Lodging Fund REIT III, Inc.)
Trustee’s Deeds. After any sale under this subsection, Trustee shall make good and sufficient deeds, assignments assignments, and other conveyances to the purchaser or purchasers thereunder in the name of GrantorBorrower, conveying the Property or any part thereof so sold to the purchaser or purchasers with special general warranty of title by GrantorBorrower. It is agreed that in any deeds, assignments or other conveyances given by Trustee, any and all statements of fact or other recitals therein made as to the identity of BeneficiaryLender, the occurrence or existence of any Event of Default, the notice of intention to accelerate, or acceleration of, the maturity of the IndebtednessDebt, 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 Beneficiary 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 correct, and complete facts and are without further question to be so accepted, and Grantor Borrower does hereby ratify and confirm any and all acts that Trustee may lawfully do in the premises Property by virtue hereof.
Appears in 1 contract
Sources: Deed of Trust and Security Agreement (Koger Equity Inc)
Trustee’s Deeds. After any sale under this subsection, Trustee shall make good and sufficient deeds, assignments assignments, and other conveyances to the purchaser or purchasers thereunder in the name of Grantor, conveying the Property or any part thereof so sold to the purchaser or purchasers with special general warranty of title by binding on Grantor. It is agreed that in In any deeds, assignments or other conveyances given by Trustee, any and all statements of fact or other recitals therein made as to the identity of Beneficiary, the occurrence or existence of any Event of Default, the notice of intention to accelerate, or acceleration of, the maturity of the Indebtednessindebtedness secured hereby, 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 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 correct, and complete facts and are without further question to be so accepted, and Grantor does hereby ratify and confirm any and all acts that Trustee may lawfully do in the premises by virtue hereoffacts.
Appears in 1 contract
Sources: Senior Secured Notes Agreement (Office Properties Income Trust)
Trustee’s Deeds. After any sale under this subsection, Trustee shall make good and sufficient deeds, assignments assignments, and other conveyances to the purchaser or purchasers thereunder in the name of Grantor, conveying the Subject Property and Collateral or any part thereof so sold to the purchaser or purchasers with special general warranty of title by Grantor. It is agreed that in any deeds, assignments or other conveyances given by Trustee, any and all statements of fact or other recitals therein made as to the identity of Beneficiary, the occurrence or existence of any Event of Default, the notice of intention to accelerate, or acceleration of, the maturity of the IndebtednessSecured Obligations, 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 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 correct, and complete facts and are without further question to be so accepted, and 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
Sources: Deed of Trust (Intervoice Inc)
Trustee’s Deeds. After any sale under this subsection, Trustee shall make good and sufficient deeds, assignments assignments, and other conveyances to the purchaser or purchasers thereunder in the name of Grantor, conveying the Trust Property or any part thereof so sold to the purchaser or purchasers with special general warranty of title by Grantor. It is agreed that in any deeds, assignments or other conveyances given by Trustee, any and all statements of fact or other recitals therein made as to the identity of Beneficiary, the occurrence or existence of any Event of Default, the notice of intention to accelerate, or acceleration of, the maturity of the IndebtednessDebt, 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 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 correct, and complete facts and are without further question to be so accepted, and 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
Sources: Deed of Trust and Security Agreement (Resource Real Estate Opportunity REIT, Inc.)
Trustee’s Deeds. After any sale under this subsection, Trustee shall make good and sufficient deeds, assignments assignments, and other conveyances to the purchaser or purchasers thereunder in the name of Grantor, conveying the Mortgaged Property or any part thereof so sold to the purchaser or purchasers with special general warranty of title by Grantor. It is agreed that in any deeds, assignments assignments, or other conveyances given by Trustee, any and all statements of fact or other recitals therein made as to the identity of Beneficiary, the occurrence or existence of any Event of Default, the notice of intention to accelerate, or acceleration of, the maturity of the Indebtedness, 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 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 correct, and complete facts and are without further question to be so accepted, and 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
Sources: Credit and Security Agreement (General Communication Inc)
Trustee’s Deeds. After any sale under this subsection, Trustee shall make good and sufficient deeds, assignments assignments, and other conveyances to the purchaser or purchasers thereunder in the name of Grantor, conveying the Property or any part thereof so sold to the purchaser or purchasers with special general warranty of title by Grantor. It is agreed that in any deeds, assignments or other conveyances given by Trustee, any and all statements of fact or other recitals therein made as to the identity of Beneficiary, the occurrence or existence of any Event of Default, the notice of intention to accelerate, or acceleration of, the maturity of the IndebtednessSecured Obligations, 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 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 correct, and complete facts and are without further question to be so accepted, and 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
Trustee’s Deeds. After any sale under this subsection, Trustee shall make good and sufficient deeds, assignments assignments, and other conveyances to the purchaser or purchasers thereunder in the name of Grantor, conveying the Property or any part thereof so sold to the purchaser or purchasers with special general warranty of title by Grantor. It is agreed that in any deeds, assignments or other conveyances given by Trustee, any and all statements of fact or other recitals therein made as to the identity of BeneficiaryAgent, the occurrence or existence of any Event of Default, the notice of intention to accelerate, or acceleration of, the maturity of the IndebtednessSecured Obligations, 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 Beneficiary Agent 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 correct, and complete facts and are without further question to be so accepted, and 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
Trustee’s Deeds. After any sale under this subsection, Trustee shall make good and sufficient deeds, assignments assignments, and other conveyances to the purchaser or purchasers thereunder in the name of Grantor, conveying the Mortgaged Property or any part thereof so sold to the purchaser or purchasers with special general warranty of title by Grantor. It is agreed that in any deeds, assignments or other conveyances given by Trustee, any and all statements of fact or other recitals therein made as to the identity of Beneficiary, the occurrence or existence of any Event of Default, the notice of intention to accelerate, or acceleration of, the maturity of the Indebtedness, 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 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 correct, and complete facts and are without further question to be so accepted, and 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
Sources: Purchase and Sale Agreement (Behringer Harvard Reit I Inc)
Trustee’s Deeds. After any sale under this subsection, Trustee shall make good and sufficient deeds, assignments assignments, and other conveyances to the purchaser or purchasers thereunder in the name of GrantorBorrower, conveying the Property or any part thereof so sold to the purchaser or purchasers with special general warranty of title by GrantorBorrower. It is agreed that in any deeds, assignments or other conveyances given by Trustee, any and all statements of fact or other recitals therein made as to the identity of BeneficiaryLender, the occurrence or existence of any Event of Default, the notice of intention to accelerate, or acceleration of, the maturity of the IndebtednessDebt, 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 Beneficiary 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 correct, and complete facts and are without further question to be so accepted, and Grantor 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 assignments, and other conveyances to the purchaser or purchasers thereunder in the name of Grantor, conveying the Property or any part thereof so sold to the purchaser or purchasers with special general warranty of title by Grantor. It is agreed that in any deeds, assignments or other conveyances given by Trustee, any and all statements of fact or other recitals therein made as to the identity of Beneficiary, the occurrence or existence of any Event of Default, the notice of intention to accelerate, or acceleration of, the maturity of the IndebtednessIndebtedness and Obligations, 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 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 correct, and complete facts and are without further question to be so accepted, and 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
Sources: Deed of Trust, Security Agreement and Fixture Filing (NNN 2003 Value Fund LLC)
Trustee’s Deeds. After any sale under this subsection, Trustee --------------- shall make good and sufficient deeds, assignments assignments, and other conveyances to the purchaser or purchasers thereunder in the name of GrantorObligor, conveying the Property or any part thereof so sold to the purchaser or purchasers with special general warranty of title by GrantorObligor. It is agreed that in any deeds, assignments or other conveyances given by Trustee, any and all statements of fact or other recitals therein made as to the identity of BeneficiaryAgent, the occurrence or existence of any Event of Default, the notice of intention to accelerate, or acceleration of, the maturity of the IndebtednessSecured Obligations, 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 Beneficiary Agent 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 correct, and complete facts and are without further question to be so accepted, and Grantor Obligor 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 assignments, and other conveyances to the purchaser or purchasers purchaser thereunder in the name of Grantor, conveying the The Mortgaged Property or any part thereof so sold to the purchaser or purchasers purchaser with special general warranty of title by Grantor. It is agreed that in any deeds, assignments or other conveyances given by Trustee, any and all statements of fact or other recitals therein made as to the identity identify of Beneficiary, the occurrence or existence of any Event of Default, the notice of intention to accelerate, or acceleration of, the maturity of the Indebtedness, 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 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 correct, and complete facts and are without further question to be so accepted, and 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
Sources: Purchase and Sales Agreement (Healthtech International Inc)
Trustee’s Deeds. After any sale under this subsection, Trustee shall make good and sufficient deeds, assignments assignments, and other conveyances to the purchaser or purchasers thereunder in the name of GrantorBorrower, conveying the Property or any part thereof so sold to the purchaser or purchasers with special general warranty of title by GrantorBorrower. It is agreed that in any deeds, assignments or other conveyances given by Trustee, any and all statements of fact or other recitals therein made as to the identity of BeneficiaryLender, the occurrence or existence of any Event of Default, the notice of intention to accelerate, or acceleration of, the maturity of the Indebtedness, 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 Beneficiary 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 correct, and complete facts and are without further question to be so accepted, and Grantor 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
Sources: Deed of Trust, Security Agreement and Fixture Filing (AmREIT, Inc.)