Common use of Acceleration; Foreclosure Clause in Contracts

Acceleration; Foreclosure. Upon the occurrence of any Event of Default and at any time thereafter while such Event of Default exists, Lender may, at its option, exercise one or more of the following rights and remedies (and any other rights and remedies available to it): a. Lender may declare immediately due and payable all Notes secured by this Mortgage, and the entire balance of the same, including accrued interest, shall thereupon be immediately due and payable, without further notice of demand. b. Lender shall have and may exercise with respect to the Personal Property, all the rights and remedies accorded upon default of a secured party under the Iowa Uniform Commercial Code. If notice to Borrower of intended disposition of such property is required by law in a particular instance, such notice shall be deemed commercially reasonable if given to Borrower at least ten days prior to the date of intended disposition. c. Lender may (and is hereby authorized and empowered to) foreclose this Mortgage in accordance with the law of the State of Iowa, and at any time after the commencement of an action in foreclosure, or during the period of redemption, the court having jurisdiction of the case shall at the request of Lender appoint a receiver to take immediate possession of the Mortgaged Property and of the Revenues and Income accruing therefrom, and to rent or cultivate the same as the trustee may deem best for the interest of all parties concerned, and such receiver shall be liable to account to Borrower only for the net profits, after application of rents, issues and profits upon the costs and expenses of the receivership and foreclosure and upon the Note.

Acceleration; Foreclosure. Upon In the event that the Obligations, or any part thereof, are not promptly and fully paid when the same shall become due and payable, or in the event of Mortgagor’s breach of any covenant or agreement of Mortgagor in Mortgagor Loan Documents resulting in the occurrence of any an Event of Default and at any time thereafter while such Event of Default existsDefault, Lender maythe Obligations shall, at its optionthe option of Mortgagee, exercise one or more of the following rights and remedies (and any other rights and remedies available to it): a. Lender may declare immediately due and payable all Notes secured by this Mortgage, and the entire balance of the same, including accrued interest, shall thereupon be become immediately due and payable, without further notice of demand. b. Lender shall have and may exercise with respect anything therein or herein contained to the Personal Propertycontrary notwithstanding, all the rights and remedies accorded upon default of a secured party under the Iowa Uniform Commercial Code. If notice to Borrower of intended disposition of such property is required by law in a particular instance, such notice it shall be deemed commercially reasonable if given lawful for Mortgagee, without making a demand and without notice or putting in default, the same being hereby expressly waived, to Borrower cause all or any part of the Property to be seized and sold by executory or ordinary process, at least ten days prior Mortgagee’s sole option, in accordance with applicable law, issued by any competent court, either with or without appraisement (appraisement being expressly waived) either as an entirety or in such lots or parcels as Mortgagee may determine to the date of intended disposition. c. Lender highest bidder for cash (or such other terms as Mortgagee may (elect). Mortgagee is hereby appointed agent and attorney-in-fact for Mortgagor and is hereby authorized and empowered to) foreclose to carry out and enforce all rights, corporeal and incorporeal, included in the Property. This power, being coupled with an interest, is irrevocable so long as any of the Obligations remain outstanding and without the necessity of making demand upon Mortgagor in default, all of which are expressly waived by Mortgagor. Further, to the maximum extent permitted by applicable law, 90526305v3 Mortgagee may proceed with the enforcement of this Mortgage in accordance with the any other manner provided by law of the State of Iowa, and at any time after the commencement of an action or provided in foreclosure, or during the period of redemption, the court having jurisdiction of the case shall at the request of Lender appoint a receiver to take immediate possession of the Mortgaged Property and of the Revenues and Income accruing therefrom, and to rent or cultivate the same as the trustee may deem best for the interest of all parties concerned, and such receiver shall be liable to account to Borrower only for the net profits, after application of rents, issues and profits upon the costs and expenses of the receivership and foreclosure and upon the Notethis Mortgage.

Acceleration; Foreclosure. Upon the occurrence of any Event of Default and at any time thereafter while such Event of Default exists, Lender Mortgagee may, at its option, after such notice as may be required by law, exercise one or more of the following rights and remedies (and any other rights and remedies available to it): a. Lender Mortgagee may declare immediately due and payable all Notes Obligations secured by this Mortgage, and the entire balance of the same, including accrued interest, same shall thereupon be immediately due and payable, without further notice of or demand. b. Lender Mortgagee shall have and may exercise with respect to the Personal Property, all the rights and remedies accorded upon default of to a secured party under the Iowa Uniform Commercial Code. If notice to Borrower Mortgagors of intended disposition of such property is required by law in a particular instance, such notice shall be deemed commercially reasonable if given to Borrower Mortgagors at least ten (10) days prior to the date of intended disposition. c. Lender Mortgagee may (and is hereby authorized and empowered to) foreclose this Mortgage in accordance with the law of the State of Iowa, and at any time after the commencement of an action in foreclosure, or during the period of redemption, the court having jurisdiction of the case shall at the request of Lender Mortgagee appoint a receiver to take immediate possession of the Mortgaged Property and of the Revenues and Income accruing therefrom, and to rent or cultivate the same as the trustee he may deem best for the interest of all parties concerned, and such receiver shall be liable to account to Borrower Mortgagors only for the net profits, after application of rents, issues and profits upon the costs and expenses of the receivership and foreclosure and upon the NoteObligations.

Acceleration; Foreclosure. Upon the occurrence of any Event of Default and the expiration of all applicable cure periods and at any time thereafter while such Event of Default exists, Lender Mortgagee may, at its option, after such notice as may be required by law, exercise one or more of the following rights and remedies (and any other rights and remedies available to it): a. Lender Mortgagee may declare immediately due and payable all Notes Obligations secured by this Mortgage, and the entire balance of the same, including accrued interest, same shall thereupon be immediately due and payable, without further notice of or demand. b. Lender Mortgagee shall have and may exercise with respect to the Personal Property, all the rights and remedies accorded upon default of to a secured party under the Iowa Uniform Commercial Code. If notice to Borrower Mortgagor of intended disposition of such property is required by law in a particular instance, such notice shall be deemed commercially reasonable if given to Borrower Mortgagor at least ten (10) days prior to the date of intended disposition. c. Lender Mortgagee may (and is hereby authorized and empowered to) foreclose this Mortgage in accordance with the law of the State of Iowa, and at any time after the commencement of an action in foreclosure, or during the period of redemption, the court having jurisdiction of the case shall at the request of Lender Mortgagee appoint a receiver to take immediate possession of the Mortgaged Property and of the Revenues and Income accruing therefrom, and to rent or cultivate the same as the trustee he may deem best for the interest of all parties concerned, and such receiver shall be liable to account to Borrower Mortgagor only for the net profits, after application of rents, issues and profits upon the costs and expenses of the receivership and foreclosure and upon the NoteObligations.

Acceleration; Foreclosure. Upon Subject to the terms and conditions of the Subordination Agreement, upon the occurrence of any Event of Default and at any time thereafter while such Event of Default exists, Lender Mortgagees may, at its their option, after such notice as may be required by law, exercise one or more of the following rights and remedies (and any other rights and remedies available to itthem): a. Lender Mortgagees may declare immediately due and payable all Notes Obligations secured by this Mortgage, and the entire balance of the same, including accrued interest, same shall thereupon be immediately due and payable, without further notice of or demand. b. Lender Mortgagees shall have and may exercise with respect to the Personal Property, all the rights and remedies accorded upon default of to a secured party under the Iowa Uniform Commercial Code. If notice to Borrower Mortgagor of intended disposition of such property is required by law in a particular instance, such notice shall be deemed commercially reasonable if given to Borrower Mortgagor at least ten (10) days prior to the date of intended disposition. c. Lender Mortgagees may (and is hereby authorized and empowered to) foreclose this Mortgage in accordance with the law of the State of Iowa, and at any time after the commencement of an action in foreclosure, or during the period of redemption, the court having jurisdiction of the case shall at the request of Lender Mortgagees appoint a receiver to take immediate possession of the Mortgaged Property and of the Revenues and Income accruing therefrom, and to rent or cultivate the same as the trustee he may deem best for the interest of all parties concerned, and such receiver shall be liable to account to Borrower Mortgagor only for the net profits, after application of rents, issues and profits upon the costs and expenses of the receivership and foreclosure and upon the NoteObligations.

Acceleration; Foreclosure. Upon the occurrence of any Event of Default and at any time thereafter while such Event of Default exists, Lender Mortgagee may, at its option, after such notice as may be required by law, exercise one or more of the following rights and remedies (and any other rights and remedies available to it): a. Lender Mortgagee may declare immediately due and payable all Notes Obligations secured by this Mortgage, and the entire balance of the same, including accrued interest, same shall thereupon be immediately due and payable, without further notice of or demand. b. Lender Mortgagee shall have and may exercise with respect to the Personal Property, all the rights and remedies accorded upon default of to a secured party under the Iowa Uniform Commercial Code. If notice to Borrower Mortgagor of intended disposition of such property is required by law in a particular instance, such notice shall be deemed commercially reasonable if given to Borrower Mortgagor at least ten (10) days prior to the date of intended disposition. c. Lender Mortgagee may (and is hereby authorized and empowered to) foreclose this Mortgage in accordance with the law of the State of Iowa, and at any time after the commencement of an action in foreclosure, or during the period of redemption, the court having jurisdiction of the case shall at the request of Lender Mortgagee appoint a receiver to take immediate possession of the Mortgaged Property and of the Revenues and Income accruing therefrom, and to rent or cultivate the same as the trustee he may deem best for the interest of all parties concerned, and such receiver shall be liable to account to Borrower Mortgagor only for the net profits, after application of rents, issues and profits upon the costs and expenses of the receivership and foreclosure and upon the NoteObligations.

Acceleration; Foreclosure. Upon the occurrence of any Event of Default and at any time thereafter while such Event of Default exists, Lender Mortgagee may, at its option, after such notice as may be required by law, exercise one or more of the following rights and remedies (and any other rights and remedies available to it): a. Lender (a) Mortgagee may declare immediately due and payable all Notes Obligations secured by this Mortgage, and the entire balance of the same, including accrued interest, same shall thereupon be immediately due and payable, without further notice of or demand. b. Lender (b) Mortgagee shall have and may exercise with respect to the Personal Property, Property all the rights and remedies accorded upon default of to a secured party under the Iowa Uniform Commercial Code. If notice to Borrower Mortgagors of intended disposition of such property is required by law in a particular instance, such notice shall be deemed commercially reasonable if given to Borrower Mortgagors at least ten (10) days prior to the date of intended disposition. c. Lender (c) Mortgagee may (and is hereby authorized and empowered to) foreclose this Mortgage in accordance with the law of the State of Iowa, and at any time after the commencement of an action in foreclosure, or during the period of redemption, the court Court having jurisdiction of the case shall at the request of Lender Mortgagee appoint a receiver to take immediate possession of the Mortgaged Property and of the Revenues and Income accruing therefrom, therefrom and to rent or cultivate the same as the trustee he may deem best for the interest of all parties concerned, and such receiver shall be liable to account to Borrower Mortgagors only for the net profits, after application of rents, issues issues, and profits upon the costs and expenses of the receivership and foreclosure and upon the NoteObligations.