My WebLink
|
Help
|
About
|
Sign Out
Browse
200608869
LFImages
>
Deeds
>
Deeds By Year
>
2006
>
200608869
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
3/4/2012 11:19:50 AM
Creation date
10/3/2006 4:51:21 PM
Metadata
Fields
Template:
DEEDS
Inst Number
200608869
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
37
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
Show annotations
View images
View plain text
Beneficiary shall not be construed to bind the Beneficiary to the performance of any of the <br />covenants, conditions or provisions contained in any Lease or otherwise impose any obligation <br />upon the Beneficiary. The Trustor covenants that it will not hereafter collect or accept payment <br />of any Rents more than one month prior to the due dates of such Rents and that no Rents will be <br />waived, released, reduced, discounted or otherwise discharged or compromised by the Trustor, <br />except as may be previously approved in writing by the Beneficiary. The Trustor agrees that it <br />will not assign any of the Leases or Rents to any other Person. The Beneficiary shall have no <br />liability for any loss which may arise from a failure or inability to collect any Rents. The Trustor <br />shall maintain all security deposits in accordance with applicable law. <br />3.02 Revocable License A ent. Notwithstanding the foregoing, but subject to the <br />terms of this Article III, the Beneficiary grants to the Trustor a revocable license to operate and <br />manage the Trust Property. <br />3.03 Rents. (a) Prior to the occurrence of an Event of Default, all Rents shall be <br />collected, deposited and disbursed pursuant to the Account Agreement. Upon the occurrence <br />and during the continuance of an Event of Default, without the need for notice or demand, the <br />license granted pursuant to this Article III shall immediately and automatically be revoked. <br />Upon the revocation of such license, the Trustor grants to the Beneficiary the right, at its option, <br />to exercise all the rights granted in Section 4.02(a) hereof. Nothing herein contained shall be <br />construed as constituting the Beneficiary a mortgagee or trustee in possession in the absence of <br />the taking of actual possession of the Trust Property by the Beneficiary pursuant to such Section <br />4.02(a). <br />(b) From and after the termination of such license, the Trustor may, at the <br />Beneficiary's direction, be the agent for the Beneficiary in collection of the Rents and all of the <br />Rents so collected by the Trustor shall be held in trust by the Trustor for the sole and exclusive <br />benefit of the Beneficiary and the Trustor shall, within one (1) Business Day after receipt of any <br />Rents, pay the same to the Beneficiary to be applied by the Beneficiary as provided herein. All <br />Rents collected shall be remitted to the Depositary Agent for application to the Project Revenues <br />Collection Account in accordance with Section 5.1(d) of the Account Agreement. Neither <br />demand for nor collection of Rents by the Beneficiary shall constitute any assumption by the <br />Beneficiary of any obligations under any Lease or agreement relating thereto. <br />(c) Any funds expended by the Beneficiary to take control of and manage the Trust <br />Property and collect the Rents shall become part of the Obligations secured hereby. Such <br />amounts shall be payable upon demand from the Trustor to the Beneficiary and shall bear <br />interest from the date of expenditure at the interest rate set forth in Section 2.9(c) of the Credit <br />Agreement. <br />3.04 Sale of Trust Property. (a) Upon any sale of any of the Trust Property by or for <br />the benefit of the Beneficiary pursuant to this Deed of Trust, the Rents attributable to the part of <br />the Trust Property so sold shall be included in such sale and shall pass to the purchaser free and <br />clear of any rights granted herein to the Trustor. <br />(b) The Trustor acknowledges and agrees that, upon recordation of this Deed of <br />Trust, the Beneficiary's interest in the Rents shall be deemed to be fully perfected, "choate" and <br />10 <br />
The URL can be used to link to this page
Your browser does not support the video tag.