Common use of Application of Foreclosure Sale Proceeds Clause in Contracts

Application of Foreclosure Sale Proceeds. Beneficiary and Trustee shall apply the proceeds of any Foreclosure Sale in the following manner: (a) First, to pay the portion of the Secured Obligations attributable to the expenses of sale, costs of any action and any other sums for which Trustor is obligated to reimburse Beneficiary or Trustee hereunder or under any other Transaction Document; (b) Second, to pay the portion of the Secured Obligations attributable to any sums expended or advanced by Beneficiary or Trustee under the terms of this Deed of Trust which then remain unpaid; (c) Third, to pay any and all other Secured Obligations, in any order and proportion as Beneficiary, according to the Indenture, may elect; and (d) Fourth, the remainder, if any, shall be remitted to the person or persons entitled to it.

Appears in 1 contract

Sources: Intercreditor Agreement (Eldorado Resorts LLC)

Application of Foreclosure Sale Proceeds. Beneficiary and ---------------------------------------- Trustee shall apply the proceeds of any Foreclosure Sale in the following manner: (a) First, to pay the portion of the Secured Obligations attributable to the expenses of salesale incurred in accordance with applicable law, costs of any action and any other sums for which Trustor is obligated to reimburse Beneficiary or Trustee hereunder or under any other Transaction Document;Section 5.11; ---- (b) Second, to pay the portion of the Secured Obligations attributable to any sums expended or advanced by Beneficiary or Trustee under the terms of this Deed of Trust which then remain unpaid; (c) Third, to pay any and all other Secured Obligations, Obligations in any order and proportion proportions as Beneficiary, according to the Indenture, Beneficiary in its sole discretion may electchoose; and (d) Fourth, to remit the remainder, if any, shall be remitted any to the person or persons entitled to it.

Appears in 1 contract

Sources: Construction Deed of Trust (Coast Hotels & Casinos Inc)

Application of Foreclosure Sale Proceeds. To the extent permitted by law, Beneficiary and Trustee shall apply the proceeds of any Foreclosure Sale in the following manner: (a) First, to pay the portion of the Secured Obligations attributable to the expenses of sale, costs of any action and any other sums for which Trustor Grantor is obligated to reimburse Beneficiary or Trustee hereunder or under any other Transaction DocumentSection 5.9 of this Deed of Trust; (b) Second, to pay the portion of the Secured Obligations attributable to any sums expended or advanced by Beneficiary or Trustee under the terms of this Deed of Trust which then remain unpaid; (c) Third, to pay any and all other Secured Obligations, Obligations in any order and proportion proportions as Beneficiary, according to the Indenture, Beneficiary in its sole discretion may electchoose; and (d) Fourth, to remit the remainder, if any, shall be remitted to the person or persons entitled to it.

Appears in 1 contract

Sources: Deed of Trust (TNP Strategic Retail Trust, Inc.)

Application of Foreclosure Sale Proceeds. Beneficiary and Trustee shall apply Except as otherwise required by applicable law, the proceeds of any Foreclosure Sale shall be applied in the following manner: (a) First, to pay the portion of the Secured Obligations attributable to the expenses of sale, costs of any action and any other sums for which Trustor Grantor is obligated to reimburse Beneficiary or Trustee hereunder or under any other Transaction DocumentSection 5.10 of this Deed of Trust; (b) Second, to pay the portion of the Secured Obligations attributable to any sums expended or advanced by Beneficiary or Trustee under the terms of this Deed of Trust which then remain unpaid; (c) Third, to pay any and all other Secured Obligations, Obligations in any order and proportion proportions as Beneficiary, according to the Indenture, Beneficiary in its sole discretion may electchoose; and (d) Fourth, to remit the remainder, if any, shall be remitted to the person or persons entitled to itthereto.

Appears in 1 contract

Sources: Leasehold Deed of Trust (Glimcher Realty Trust)

Application of Foreclosure Sale Proceeds. Beneficiary and Trustee shall apply the The proceeds of any Foreclosure Sale shall be applied in the following manner:manner or as otherwise required by law; (a) First, to pay the portion of the Secured Obligations attributable to the expenses of sale, including the fees and expenses of the officer conducting the sale, costs of any action and any other sums for which Trustor Borrower is obligated to reimburse Beneficiary or Trustee Lender hereunder or under any the other Transaction Document;Loan Documents. (b) Second, to pay the portion of the Secured Obligations attributable to any sums expended or advanced by Beneficiary or Trustee Lender under the terms of this Deed of Trust which then remain unpaid;. (c) Third, to pay any and all other Secured Obligations, Obligations in any order and proportion proportions as Beneficiary, according to the Indenture, Lender in its sole discretion may elect; andchoose. (d) Fourth, to remit the remainder, if any, shall be remitted to the person or persons entitled to it.

Appears in 1 contract

Sources: Deed of Trust, Security Agreement, and Financing Statement (Medbox, Inc.)

Application of Foreclosure Sale Proceeds. Subject to applicable law, Beneficiary and Trustee shall apply the proceeds of any Foreclosure Sale in the following manner: (a) First, to pay the portion of the Secured Obligations attributable to the expenses of sale, costs of any action and any other sums for which Trustor Grantor is obligated to reimburse Beneficiary or Trustee hereunder or under any Sections 5.9, 5.21 and other Transaction Documentsections of this Deed of Trust; (b) Second, to pay the portion of the Secured Obligations attributable to any sums expended or advanced by Beneficiary or Trustee under the terms of this Deed of Trust which then remain unpaid; (c) Third, to pay any and all other Secured Obligations, Obligations in any order and proportion proportions as Beneficiary, according to the Indenture, Beneficiary in its sole discretion may electchoose; and (d) Fourth, to remit the remainder, if any, shall be remitted to the Grantor and to such other person or persons entitled to it.

Appears in 1 contract

Sources: Deed of Trust (Bluerock Residential Growth REIT, Inc.)

Application of Foreclosure Sale Proceeds. Trustee, Beneficiary and Trustee , if applicable, the other Secured Parties shall apply the proceeds of any Foreclosure Sale in the following manner: (a) First, to pay the portion of the Secured Obligations attributable to the expenses of sale, costs of any action and any other sums for which Trustor Grantor is obligated to reimburse Trustee, Beneficiary or Trustee hereunder or under any other Transaction Documentthe Secured Parties; (b) Second, to pay the portion of the Secured Obligations attributable to any sums expended or advanced by Trustee, Beneficiary or Trustee the Secured Parties under the terms of this Deed deed of Trust trust which then remain unpaid; (c) Third, to pay any and all other Secured Obligations, Obligations in any order and proportion proportions as Beneficiary, according to the Indenture, Beneficiary may electchoose; and (d) Fourth, to remit the remainder, if any, shall be remitted to the person or persons entitled to it.

Appears in 1 contract

Sources: Deed of Trust (Qad Inc)