Common use of Application of Foreclosure Sale Proceeds Clause in Contracts

Application of Foreclosure Sale Proceeds. After deducting all costs, fees and expenses of Trustee, and of this trust, including costs of evidence of title and attorneys' fees in connection with a sale, all proceeds of any foreclosure sale shall be applied first, to payment of all Secured Obligations (including without limitation, all sums expended by Beneficiary under the terms hereof and not then repaid, with accrued interest at the highest rate per annum payable under any Secured Obligation), in such order and amounts as Beneficiary in its sole discretion shall determine; and the remainder, if any, to the person or persons legally entitled thereto.

Appears in 2 contracts

Samples: Deed of Trust (Infonet Services Corp), Loan Agreement (Elmers Restaurants Inc)

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Application of Foreclosure Sale Proceeds. After deducting all costs, fees and expenses of Trustee, and of this trustsale, including costs of evidence of title and attorneys' fees in connection with a sale, all proceeds of any foreclosure sale shall be applied first, to payment of all Secured Obligations (including without limitation, all sums expended by Beneficiary Mortgagee under the terms hereof and not then repaid, with accrued interest at the highest rate per annum payable under any Secured Obligation), in such order and amounts as Beneficiary Mortgagee in its sole discretion shall determine; and the remainder, if any, to the person or persons legally entitled thereto.

Appears in 2 contracts

Samples: Mortgage, Assignment of Rents and Leases, Security Agreement (MGP Ingredients Inc), Mortgage, Assignment of Rents, Security Agreement (MGP Ingredients Inc)

Application of Foreclosure Sale Proceeds. After deducting all costs, fees and expenses of Trustee, and of this trustsale, including costs of evidence of title and attorneys' fees in connection with a sale, all proceeds of any foreclosure sale shall be applied first, to payment of all Secured Obligations (including without limitation, all sums expended by Beneficiary Mortgagee under the terms hereof and not then repaid, with accrued interest at the highest rate per annum payable under any Secured Obligation), in such order and amounts as Beneficiary Mortgagee in its sole discretion shall determine; and the remainder, if any, to the person Person or persons Persons legally entitled thereto.

Appears in 1 contract

Samples: Master Loan Agreement (DT Acceptance Corp)

Application of Foreclosure Sale Proceeds. After Except as otherwise may be required by applicable law, after deducting all costs, fees and expenses of Trustee, and of this trust, including costs of evidence of title and attorneys' fees in connection with a sale, all proceeds of any foreclosure sale shall be applied first, to payment of all Secured Obligations (including without limitation, all sums expended by Beneficiary under the terms hereof and not then repaid, with accrued interest at the highest rate per annum payable under any Secured Obligation), in such order and amounts as Beneficiary in its sole discretion shall determine; and the remainder, if any, to the person or persons legally entitled thereto.

Appears in 1 contract

Samples: Credit and Security Agreement (HC2 Holdings, Inc.)

Application of Foreclosure Sale Proceeds. After Except as otherwise may be required by applicable law, after deducting all costs, fees and expenses of Trustee, and of this trust, including costs of evidence of title and attorneys' fees in connection with a sale, all proceeds of any foreclosure sale shall be applied first, to payment of all Secured Obligations (including without limitation, all sums expended by Beneficiary under the terms hereof and not then repaid, with accrued interest at the highest rate per annum payable under any Secured Obligation), in such order and amounts as Beneficiary in its sole discretion shall determine; and the remainder, if any, to the person Person or persons Persons legally entitled thereto.

Appears in 1 contract

Samples: Master Loan Agreement (DT Acceptance Corp)

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Application of Foreclosure Sale Proceeds. After deducting all costs, fees and expenses of Trustee, and of this trust, including costs cost of evidence of title and attorneys' fees in connection with a salesale and costs and expenses of sale and of any judicial proceeding wherein such sale may be made, Trustee shall apply all proceeds of any foreclosure sale shall be applied first, sale: (i) to payment of all Secured Obligations (including without limitation, all sums expended by Beneficiary under the terms hereof and not then repaid, with accrued interest at the highest rate per annum payable under any Secured Obligation), in such order and amounts as Beneficiary in its sole discretion shall determineDefault Rate; (ii) to payment of all other obligations secured hereby; and (iii) the remainder, if any, to the person or persons legally entitled thereto.thereto.‌

Appears in 1 contract

Samples: Purchase and Sale Agreement

Application of Foreclosure Sale Proceeds. After deducting all costs, fees and expenses of Trustee, and of this trustsale, including costs of evidence of title and attorneys' fees in connection with a sale, all proceeds of any foreclosure sale shall shall, to the extent permitted by law, be applied first, to payment of all Secured Obligations (including without limitation, all sums expended by Beneficiary Mortgagee under the terms hereof and not then repaid, with accrued interest at the highest default rate per annum payable under any Secured Obligationprovided for in the Loan Agreement), in such order and amounts as Beneficiary Mortgagee in its sole discretion shall determine; and the remainder, if any, to the person Person or persons Persons legally entitled thereto.

Appears in 1 contract

Samples: Mortgage, Assignment of Rents and Leases, Security Agreement, Fixture Filing and Financing Statement (AquaBounty Technologies, Inc.)

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