Entry onto Property. In order to facilitate Lender's completion or making of the Replacements pursuant to Sections 4.3 and 4.4 above, Borrower grants Lender the right to enter onto the Property and perform any and all work and labor necessary to complete or make the Replacements and/or employ watchmen to protect the Property from damage. All sums so expended by Lender shall be deemed to have been advanced under the Loan to Borrower and secured by the Deed of Trust. For this purpose, Borrower constitutes and appoints Lender its true and lawful attorney-in-fact with full power of substitution to complete or undertake the Replacements in the name of Borrower. Such power of attorney shall be deemed to be a power coupled with an interest and cannot be revoked. Borrower empowers said attorney-in-fact as follows: (a) to use any funds in the Replacement Reserve for the purpose of making or completing the Replacements; (b) to make such additions, changes and corrections to the Replacements as shall be necessary or desirable to complete the Replacements; (c) to employ such contractors, subcontractors, agents, architects and inspectors as shall be required for such purposes; (d) to pay, settle or compromise all existing bills and claims which are or may become liens against the Property, or as may be necessary or desirable for the completion of the Replacements, or for clearance of title; (e) to execute all applications and certificates in the name of Borrower which may be required by any of the contract documents; (f) in its reasonable discretion, to prosecute and defend all actions or proceedings in connection with the Property or the rehabilitation and repair of the Property; and (g) to do any and every act which Borrower might do in its own behalf to fulfill the terms of this Agreement.
Appears in 1 contract
Entry onto Property. In order to facilitate Lender's completion or making of the Replacements pursuant to Sections 4.3 and 4.4 Section 4(c) above, Borrower grants Lender the right to enter onto the Property Hotel following an uncured default hereunder and perform any and all work and labor necessary to complete or make the Replacements and/or employ watchmen to protect the Property Hotel from damage. Borrower shall have the right to have Borrower's representative accompany Lender and its representatives in connection with any of the foregoing; provided, however, that the failure of Borrower's representative to accompany Lender or Lender's representatives shall not negate or diminish Lender's rights set forth in the preceding sentence. All sums so expended by Lender (other than from the Replacement Reserve) shall be deemed to have been advanced to Borrower under the Loan Reimbursement Agreement to Borrower and secured by the Deed of TrustLoan Documents. For this purpose, Borrower constitutes and appoints Lender its true and lawful attorney-in-fact with full power of substitution to complete or undertake the Replacements in the name of Borrower. Such power of attorney shall be deemed to be a power coupled with an interest and cannot be revokedrevoked except upon the termination of this Agreement. Borrower empowers said attorney-in-fact as follows:
(ai) to use any funds in the Replacement Reserve for the purpose of making or completing the Replacements; (bii) to make such additions, changes and corrections to the Replacements as shall be necessary or desirable to complete the Replacements; (ciii) to employ such contractors, subcontractors, agents, architects and inspectors as shall be required for such purposes; (div) to pay, settle or compromise all existing bills and claims which are or may become liens against the PropertyHotel, or as may be necessary or desirable for the completion of the Replacements, or for clearance of title; (ev) to execute all applications and certificates in the name of Borrower which may be required by any of the contract documentsdocuments relating to the Replacements; (fvi) in its reasonable discretion, to prosecute and defend all actions or proceedings in connection with the Property Replacements or the rehabilitation and repair of the Property; any matters related thereto and (gvii) to do any and every act which Borrower might do in its own behalf to fulfill the terms of this Agreement.
Appears in 1 contract
Sources: Replacement Reserve Agreement (El Conquistador Partnership Lp)
Entry onto Property. In order to facilitate Lender's completion or making of the Replacements Tenant Improvements pursuant to Sections Section 4.3 and 4.4 above, Borrower grants Lender the right to enter onto the Property and perform any and all work and labor necessary to complete or make the Replacements Tenant Improvements and/or employ watchmen to protect the Property from damage. All sums so expended by Lender shall be deemed to have been advanced under the Loan to Borrower and secured by the Deed of Trust. For this purpose, Borrower constitutes and appoints Lender its true and lawful attorney-in-fact with full power of substitution to complete or undertake the Replacements Tenant Improvements in the name of Borrower. Such power of attorney shall be deemed to be a power coupled with an interest and cannot be revoked. Borrower empowers said attorney-in-fact as follows:
(a) to use any funds in the Replacement Tenant Improvement and Leasing Commission Reserve for the purpose of making or completing the ReplacementsTenant Improvements; (b) to make such additions, changes and corrections to the Replacements Tenant Improvements as shall be necessary or desirable to complete the ReplacementsTenant Improvements; (c) to employ such contractors, subcontractors, agents, architects and inspectors as shall be required for such purposes; (d) to pay, settle or compromise all existing bills and claims which are or may become liens against the Property, or as may be necessary or desirable for the completion of the ReplacementsTenant Improvements, or for clearance of title; (e) to execute all applications and certificates in the name of Borrower which may be required by any of the contract documents; (f) in its reasonable discretion, to prosecute and defend all actions or proceedings in connection with the Property or the rehabilitation and repair of the Property; and (g) to do any and every act which Borrower might do in its own behalf to fulfill the terms of this Agreement.
Appears in 1 contract
Sources: Tenant Improvement and Leasing Commission Reserve Agreement (Illumina Inc)