to Trustee. The Trustee, subject to the provisions of Section 7.01, may receive an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer or other disposition, and any such assumption, comply with the provisions of this Article.
to Trustee. The Trustee, subject to the provisions of Section 7.01, may receive an Officers’ Certificate or an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer or other disposition, and any such assumption, comply with the provisions of this Article.
to Trustee. The Trustee, subject to the provisions of Section 3.01, may receive an opinion of counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer or other disposition, and any such assumption, comply with the provisions of this Article.
to Trustee. Any request, demand, authorization, direction, notice, consent, waiver or act of the Owners or other documents provided or permitted by this Agreement to be made upon, given or furnished to, or filed with the Trustee by any Owner, the Class A-8 and Class A-9 Certificate Insurer or by the Sponsor shall be sufficient for every purpose hereunder if made, given, furnished or filed in writing to or with and received by the Trustee at its corporate trust office as set forth in Section 2.2 hereof.
to Trustee. The undersigned is the legal owner and Authority of the note or notes and of all indebtedness secured by the foregoing Deed of Trust. Said note or notes, together with all other indebtedness secured by said Deed of Trust, have been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel said note or notes above mentioned, an all other evidences of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you under the same. Dated Please mail Deed of Trust, Note and Reconveyance to Do Not lose or destroy this Deed of Trust OR THE NOTE which it secures. Both must be delivered to the Trustee for cancellation before reconveyance will be made. XXXXX TO FIRST AMENDED AND RESTATED DEED OF TRUST WITH ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FILING THIS RIDER TO FIRST AMENDED AND RESTATED DEED OF TRUST WITH ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FILING (“Rider”) is executed this day of , 2024, by and GRACE HOUSING LIMITED PARTNERSHIP, a California limited partnership (“Trustor”) in favor of the CARSON HOUSING AUTHORITY, a public body, corporate and politic (“Beneficiary”), as successor to the housing assets and functions of the Xxxxxx Redevelopment Agency, the same parties to that certain “First Amended and Restated Deed of Trust With Assignment of Rents, Security Agreement and Fixture Filing” dated as of even date herewith (“Deed of Trust”) to which this Rider is attached. This Rider is made a part of and is incorporated into said Deed of Trust. This Rider shall supersede any conflicting term or provision of the form Deed of Trust to which it is attached. Reference is made to the following agreements and documents: (i) Second Amended and Restated Promissory Note made by Trustor as “Maker” in favor of Authority as “Beneficiary” dated as of even date herewith, the repayment of which by Trustor is secured by this Deed of Trust (“Note”);
to Trustee. The Company will give prompt written notice to the Trustee of any fact known to the Company that would prohibit the Company from making any payment to or by the Trustee in respect of the Subordinated Notes in accordance with the provisions of this Article XI. The Trustee will not be charged with the knowledge of the existence of any default or event of default with respect to any Senior Indebtedness or of any other facts that would prohibit the making of any payment to or by the Trustee or any Paying Agent unless and until the Trustee will have received notice in writing at its Corporate Trust Office to that effect signed by an Authorized Officer, or by a holder of Senior Indebtedness or a Trustee or agent thereof; and prior to the receipt of any such written notice, the Trustee will, subject to Article V of this Indenture, be entitled to assume that no such facts exist; provided that, if the Trustee will not have received the notice provided for in this Section 11.6 at least two Business Days prior to the date upon which, by the terms of this Indenture, any monies will become payable for any purpose (including, without limitation, the payment of the principal of or interest on any Subordinated Note), then, notwithstanding anything herein to the contrary, the Trustee will have full power and authority to receive any monies from the Company and to apply the same to the purpose for which they were received, and will not be affected by any notice to the contrary that may be received by it on or after such prior date except for an acceleration of the Subordinated Notes prior to such application. The foregoing will not apply if the Paying Agent is the Company. The Trustee will be entitled to rely on the delivery to it of a written notice by a Person representing himself or itself to be a holder of any Senior Indebtedness (or a trustee on behalf of, or agent of, such holder) to establish that such notice has been given by a holder of such Senior Indebtedness or a trustee or agent on behalf of any such holder. In the event that the Trustee determines in good faith that any evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution in accordance with this Article XI, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participa...
to Trustee. The undersigned is the legal owner and holder of the note, and of all other indebtedness secured by the foregoing Deed of Trust. Said note(, together with the indebtedness secured by said Deed of Trust, have been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums due and owing to you under the terms of said Deed of Trust, to cancel said note and other evidences of indebtedness secured thereby, and said Deed of Trust, and to re-convey, without warranty, to the person(s) legally entitled thereto all of the estate now held by you under same. Dated: ____________________________________ _________________________________________ _________________________________________ Please mail the respective, canceled note, other evidences of indebtedness, and Deed of Trust to: Xxxx Xxxxxxx, President Del Toro Silver Corp. X.X. Xxx 00 Xxxxx, Xxxxxx 00000 DO NOT LOSE OR DESTROY THIS DEED OF TRUST: When paid, this Deed of Trust and the original promissory note secured by same must be surrendered to the Trustee for cancellation before reconveyance will be made. Schedule A
to Trustee. Any request, demand, authorization, direction, notice, consent, waiver or act of the Noteholders or other document provided or permitted by this Indenture and in any supplemental indenture to be made upon, given or furnished to, or filed with:
to Trustee. Any request, demand, authorization, direction, notice, consent, waiver or act of the Owners or other documents provided or permitted by this Agreement to be made upon, given or furnished to, or filed with the Trustee by any Owner, the Depositor, the Certificate Insurer or either of the Sellers shall be sufficient for every purpose hereunder if made, given, furnished or filed in writing to or with and received by the Trustee at the Corporate Trust Office.
to Trustee. Subject to the provisions of subsection (5) below, if Trustee receives a bill xx invoice for an Imposition, Trustee shall apply the Imposition Deposits held by Trustee to pay Impositions. Trustee shall have no obligation to pay any Imposition to the extent it exceeds Imposition Deposits then held by Trustee and Lessee shall pay any such deficiency upon Trustee's demand. Lessee's failure to pay any such amount within ten (10) days after Trustee's demand therefor shall constitute a Lease Event of Default. Trustee may pay an Imposition according to any bill, xxatement or estimate from the appropriate Governmental Authority or insurance company without inquiring into the accuracy of the bill, xxatement or estimate or into the validity of the Imposition.
