|
201005SS9
<br />and powers granted to it under the terms of its receivership shall have all the rights and powers
<br />granted the Beneficiary hereunder including the right to the possession of the Trust Estate, to
<br />collect the rents, income and profits therefrom and otherwise deal with and manage the Trust
<br />Estate and apply such rents, income and profits to the payment of taxes, assessments, insurance
<br />premiums and expenditures for the management, repair and upkeep of the Trust Estate, to the
<br />performance of landlord's obligations under any leases and to the Obligations, all without waiver
<br />of the power of sale or any other rights.
<br />Section 5.09. Due On Sale Or Morti;aging, Etc. in the event of: (a) a sale,
<br />conveyance, transfer, pledge, grant of a security interest in, hypothecation, or encumbrance of (i)
<br />the Trust Estate, or any part thereof, (ii) any ownership interest in Grantor or any entity which
<br />owns, directly ar indirectly, an interest in Grantor at any level of the ownership structure, (iii) all
<br />or a substantial part of Grantor's assets, or (iv) any Collateral or any interest therein (except as
<br />permitted by Section ~l.a 1(B) above) (whether in one transaction ar in a series of transactions) to
<br />any other person or entity; (b) the liquidation, dissolution ar suspension of business operations by
<br />Grantor; or (c) the merger or consolidation of Grantor into any person or entity without the prior
<br />written approval of Beneficiary, then at the sole option of the Beneficiary, the Beneficiary may
<br />declare the entire Obligations due and payable. in full and call for payment of the same in full at
<br />once. Grantor will not in any manner transfer any property without prior or present receipt of fixl]
<br />and adequate consideration.
<br />ARTICLE VI.
<br />POSSESSION UNTIL DEFAULT; SATISFACTION
<br />Section 6.0.1. Possession Until llefault. Until one or more Events of Default shall have
<br />occurred, the Grantor shall be permitted to retain actual possession of the Trust Estate, and to
<br />manage, operate and use the same and any part thereof, with the rights and franchises
<br />appertaining thereto, including, without limitation, to collect, receive, take, use and enjoy the
<br />rents, revenues, issues, earnings, income, products, profits and proceeds thereof or therefrom,
<br />subject to the provisions of this Deed of Trust.
<br />Section 6.02. Satisfaction. If the Grantor shall well and truly pay or cause to be paid the
<br />Obligations at the times,and in the manner provided in the Credit Agreements, and shall also pay
<br />or cause to be paid all other sums payable by the Grantor hereunder,.and shall keep and perform
<br />all covenants herein and in the Credit Agreements required to be kept and performed by it, and
<br />there are no further obligations to make advances to the Grantor under any of the Credit
<br />Agreements, then and in that case, all property, rights and interest hereby conveyed or assigned
<br />or pledged shall, upon the written request oi' the Grantor, revert to the Grantor and the estate,
<br />right, title and interest of the Beneficiary shall thereupon cease, determine and become void, and
<br />the Beneficiary,, in such case, at the Beneficiary's cost and expense, shall enter satisfaction of this
<br />Deed of Trust upon the record.
<br />ARTICLE VII.
<br />19
<br />
|