Agenda - 06-24-1986 - Laserfiche WebLink

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with title to the Trust Estate, and shall possess all the powers , duties and obligations herein conferred on the Trustee in the same manner and to the same extent as though it were named herein as Trustee. Section 11 . Rights and Duties of Beneficiaries. The Company hereby irrevocably appoints the Beneficiary the Company ' s Attorney-in-Fact , with full authority in the place and stead of the Company and in the name of the Company, the Beneficiary or otherwise, from time to time in the Beneficiary' s discretion to take any action and to execute any instrument which the Beneficiary may deem necessary or desirable to accomplish the purposes of this Deed of Trust . If the Company shall fail to perform any agreement contained herein, the Beneficiary or either of them may perform, or cause performance of such agreement , and the expenses of the Beneficiary incurred in connection therewith shall be payable by the Company under Section 6 . The powers conferred on the Beneficiary hereunder are solely to protect their interest in the Trust Estate and shall not impose any duty upon the Beneficiary to exercise any such powers. Except for the accounting for monies actually received by them hereunder, the Beneficiary shall have no duty as to the Trust Estate or as to the taking of any necessary steps to preserve their rights against prior parties or any other rights pertaining to the Trust Estate. Section 12. Miscellaneous. (a) Notices. All notices, approvals, consents, requests and other communications hereunder shall be in writing and, unless otherwise provided herein, shall be deemed to have been given when delivered by hand or on the third day following the day on which the same has been mailed by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: (a) if to the Company at Isotechnologies, Inc. , F.O. Box 640, 501 S. Greensboro Street, Building B, Carrboro, North Carolina 27510, Attention: President, (b) if to the Beneficiary at The Orange County Industrial Facilities and Pollution Control Financing Authority, 110 North Churton Street, Hillsborough, North Carolina 27510, Attention: County Attorney, (c) if to the Holder, at NCNB National Bank of North Carolina, P.O. Box 570, Chapel Hill, North Carolina 27514, Attention: Mr . Randy Dickerson, or (d) if to the Trustee, to , at NCNB National Bank of North Carolina, One NCNB Plaza, Charlotte, North Carolina 28233. All notices hereunder delivered or mailed to the Company, the Beneficiary or the Trustee shall likewise be delivered or mailed to the Holder. The Authority, the Company, the Trustee and the Holder may each, by notice given hereunder, designate any further or 10.