Common use of Contracts of Sale Clause in Contracts

Contracts of Sale. Following the occurrence and during the continuance of an Event of Default, Grantor irrevocably authorizes Beneficiary, at its sole option, to collect, in the name of Grantor or in its own name as assignee, all payments due or to become due under any Contract of Sale. Grantor agrees that it will facilitate in every reasonable way the collection by Beneficiary of such payments, and will, upon written request by Beneficiary, execute a written notice and deliver the same to each purchaser directing the purchaser to make such payments to Beneficiary. In no event shall Beneficiary be accountable for more moneys than it actually receives pursuant to a Contract of Sale, nor shall Beneficiary be liable for any failure to collect payments under any Contract of Sale. The right to determine the method of collection and the extent to which the enforcement of collection shall be prosecuted is reserved to the sole discretion of Beneficiary. Grantor, without the prior written consent of Beneficiary, will not execute any assignment of any Contract of Sale or the payments due thereunder. Grantor shall furnish to Beneficiary, within ten (10) days after a written request from Beneficiary, a written certification containing the names of all contract purchasers of the Property and shall attach to such certification a copy of any Contract of Sale. Nothing contained in this Section shall (a) be construed as a consent by Beneficiary to any Transfer of the Property, or (b) constitute a delegation to Beneficiary of any of Grantor’s duties or obligations under any Contract of Sale. Grantor agrees to indemnify Beneficiary and the Trustees for, and forever hold them harmless from, any Claim arising out of, or in connection with, any Contract of Sale.

Appears in 2 contracts

Sources: Deed of Trust, Assignment, Security Agreement and Fixture Filing (Sunrise Senior Living Inc), Deed of Trust, Assignment, Security Agreement and Fixture Filing (Sunrise Senior Living Inc)

Contracts of Sale. Following Each Contract of Sale covering the occurrence Property or any portion thereof shall be in form and during for a price reasonably approved by the continuance of an Event of Default, Beneficiary. The Grantor irrevocably authorizes the Beneficiary, at its sole option, to collect, in the name of the Grantor or in its own name as assignee, all payments due or to become due under any Contract of Sale. The Grantor agrees that it will facilitate in every reasonable way the collection by the Beneficiary of such payments, and will, upon written request by the Beneficiary, execute a written notice and deliver the same to each purchaser directing the purchaser to make such payments to the Beneficiary. In no event shall the Beneficiary be accountable for more moneys than it actually receives pursuant to a Contract of Sale, nor shall the Beneficiary be liable for any failure to collect payments under any Contract of Sale. The right to determine the method of collection and the extent to which the enforcement of collection shall be prosecuted is reserved to the sole discretion of the Beneficiary. The Grantor, without the prior written consent of the Beneficiary, will not execute any further assignment of any Contract of Sale or the payments due thereunder. The Grantor shall furnish to the Beneficiary, within ten (10) days after a written request from the Beneficiary, a written certification containing the names of all contract purchasers of the Property and shall attach to such certification a copy of any Contract of Sale. Nothing contained in this Section shall (a) be construed as a consent by the Beneficiary to any Transfer of the Property, or (b) constitute a delegation to the Beneficiary of any of the Grantor’s 's duties or obligations under any Contract of Sale. The Grantor agrees to indemnify the Beneficiary and the Trustees Trustee for, and forever hold them harmless from, any Claim arising out of, or in connection with, any Contract of Sale.

Appears in 1 contract

Sources: Business Loan Agreement (Obsidian Enterprises Inc)