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HomeMy WebLinkAbout2345 e ~ . ~ ~ i 3 ~ i . ~ 8.2. Power of Sale. If an Event of Default shall have occurred, the Trustees may, and if instructed by two- thirds in interest of the Beneficiaries shall, sell, assign, transfer and deliver the whole or, from time to time, any part of any or all of the Properties, or any interest in any part thereof, at any private sale or by public auctxon, with or without demand, advertisement or notice of the time or place of sale or adjournment thereof or otherr~ise, for cash, on credit or for other property, for immediate or future delivery, and for such price or prices and on such terms as may be directed by two-thirds in interest of the Beneficiaries or, in the absence of such directions. licableTlawteeU~mny determine, or as may be required by app the occurrence of an Event of Default, nothi»g in this sub- section 8.2 shall abridge, restrict, or limit the exercise of the power of sale or other remedies granted in this Indenture and in the Individual Mortgages to the Trustees or a trustee I under any Individual t~iortgage. I ~ . i ; ARTICLE IX ~ 9. Sale Bar Against the Company. The sale of any _ ~ or all of the Properties or any part thereof or any interest : ~ 5 ~ therein, whet33er pursuant to foreclosure or power of sale or ~ ~ otherwise under either this Indenture or the Individual ~ Mortgages, shall be a perpetual bar against the Company. ~ - - ; ~ ARTICLE X ~ ~ y ~ 10. Au_thorization to Execute Deeds, etc. The Company ` ~ irrevocably appoints the Trustees and each trustee under an ~ ~ Yndividual i~tortgage as its true and lawful attorneys, in its name and stead and on its behalf, for the purpose of effectua- ~ ting any sale, assignment, transfer or delivery of any or all ~ of the Properties or any part thereof or any interest therein ~ for the enforcement of this Indenture and the Individual i~iortgages whether pursuant to foreclosure or power of sale or otherwise, ; or in the event of exercise by Lessee of any option or right ~ to purchase any of the Properties provided for in the Lease, ; - to execute and deliver all such deeds, bills of sale, assign- ~ =,V~ ments and other instruments as the Trustees or a trustee # under an Individual ~iortgage may consider necessary or appro- - priate, with full power of substitution, the Company hereby ` ratifying and confirming all that such attorney or any sub- ~ stitute shall lawfully do by virtue hereof. If so requested ~:T: M:::: ~ "i~: ~v.r- ~ ~ 20 r~ . g'3Ye ~ - - - V +~n R- - ~ . : ~ ~ - ~ y~ _ . . . ~ . . . -