Actions Affecting Trust Estate. Trustor shall appear in and contest any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and shall pay all costs and expenses, including the cost of evidence of title and reasonable attorneys’ fees, in any such action or proceeding in which Beneficiary or Trustee may appear.
Actions Affecting Trust Estate. Trustor hereby covenants and agrees to appear in and contest any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney’s fees, in any such action or proceeding in which Beneficiary or Trustee may appear.
Actions Affecting Trust Estate. Borrower shall give Lender and Trustee prompt written notice of the assertion of any claim with respect to, or the filing of any action or proceeding purporting to affect the Trust Estate, the security hereof or the rights or powers of Lender or Trustee. Borrower shall appear in and contest any such action or proceeding and shall pay all costs and expenses, including cost of evidence of title and attorneys' fees, in any such action or proceeding in which Lender or Trustee may appear.
Actions Affecting Trust Estate. If Grantor fails to perform the obligations, covenants and agreements contained in the Security Instruments, or if any action or proceeding is commenced which affects Xxxxxxx's interest in the Trust Estate, then Grantee, at Grantee's option, upon notice to Grantor, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Xxxxxxx's interest. Any amounts disbursed by Grantee pursuant to this Paragraph 7, with interest thereon, at the rate of eight percent (8%) per annum, shall become additional indebtedness of Grantor secured by this Deed of Trust. Unless Grantor and Xxxxxxx agree to other terms of payment, such amounts shall be payable upon notice from Grantee to Grantor requesting payment thereof. Nothing contained in this Paragraph 7 shall require Grantee to incur any such expense or take any such action.
Actions Affecting Trust Estate. The Grantor covenants and agrees to appear in and contest any action or proceeding purporting to affect the security hereof or the rights or powers of the Beneficiary or the Trustee, and to pay all costs and expenses (including cost of evidence of title and attorneys' fees) in any such action or proceeding in which the Beneficiary or the Trustee may appear.
Actions Affecting Trust Estate. Trustor shall appear in and contest any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs and expenses, including cost of evidence of title and attorney’s fees, in any such action or proceeding in which Beneficiary or Trustee may appear. Should Trustor fail to make any payment or to do any act as and in the manner provided in any of the Loan Instruments, Beneficiary and/or Trustee, each in its own discretion, without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. Trustor shall, immediately upon demand therefore by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, including without limitation costs of evidence to title, court costs, appraisals, surveys and attorney’s fees. Any such costs and expenses not paid within ten (10) days of written demand shall draw interest at the default rate provided in the Note.
Actions Affecting Trust Estate. Trustor shall appear in and contest any action or proceeding purporting to or which may in fact adversely affect title to the Trust Estate or the security or priority hereof or the rights or powers of Beneficiary or Trustee; and Trustor shall indemnify Trustee and Beneficiary from all costs and expenses, including cost of evidence of title and attorneys' fees, incurred by Trustee and Beneficiary in any such action or proceeding in which Beneficiary or Trustee may appear. Trustor shall pay all real estate taxes and assessments levied on the Real Estate, including any tax levied on the debt secured hereby, when they become due and payable and before they become delinquent. Trustor shall pay and promptly discharge, at Trustor's cost and expense, all such liens, encumbrances and charges imposed upon the Trust Estate, or any part thereof or interest therein. If Trustor shall fail to discharge or pay promptly any such tax, assessment, lien, encumbrance or charge, such failure shall be considered an Event of Default and Beneficiary shall be entitled to all the remedies provided under this Deed of Trust or available at law or equity. If Trustor shall fail to discharge any such tax, assessment, lien, encumbrance or charge, then, in addition to any other right or remedy of Beneficiary, Beneficiary may, but shall not be obligated to, discharge the same, either by paying the amount claimed to be due, or by procuring the discharge of such lien by depositing in court a bond in the amount claimed or otherwise giving security for such claim, or in such manner as is or may be prescribed by law. Any such payment shall be payable immediately upon written demand and shall bear interest from the date of disbursement until paid at the maximum amount allowed under state law. The Trustor will promptly comply with all present and future laws, ordinances, rules and regulations of any governmental authority affecting the Trust Estate or any part thereof. This shall apply to any improvements upon the Trust Estate as well as the operation of any business upon the Trust Estate.
Actions Affecting Trust Estate. Trustor shall notify Beneficiary promptly upon obtaining written notice of any condemnation proceeding against the Trust Estate. Trustor shall appear in and contest any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee hereunder; and shall pay all reasonable and documented costs and expenses (including costs of evidence of title, litigation and attorneys’ fees) in any such action or proceeding in which Beneficiary or Trustee may appear. Notwithstanding the foregoing, Beneficiary may, but shall not be required to, participate in any such proceedings or contest, at Trustor’s sole cost and expense.
Actions Affecting Trust Estate. Trustor shall promptly give Beneficiary written notice of and shall appear in and contest any action or proceeding purporting to affect any portion of the Trust Estate or the security hereof or the rights or powers of Beneficiary; and shall pay all costs and expenses, including the cost of evidence of title and attorneys’ fees, in any such action or proceeding in which Beneficiary may appear.
