APPLICATION OF OTHER SUMS. All sums received by Mortgagee under Section 6.2 or Section 3.2, less all costs and expenses incurred by Mortgagee or any receiver under either Section 6.2 or Section 3.2, including, without limitation, attorneys’ fees, shall be applied in payment of the Secured Obligations in such order as Mortgagee shall determine in its sole discretion; provided, however, Mortgagee shall have no liability for funds not actually received by Mortgagee.
Appears in 4 contracts
Samples: Open End Mortgage (KBS Real Estate Investment Trust II, Inc.), Open End Mortgage (KBS Real Estate Investment Trust II, Inc.), Open End Mortgage (KBS Real Estate Investment Trust II, Inc.)
APPLICATION OF OTHER SUMS. All sums received by Mortgagee under Section 6.2 or Section 3.2, less all costs and expenses incurred by Mortgagee or any receiver under either Section 6.2 or Section 3.2, including, without limitation, attorneys’ fees, shall be applied in payment of the Secured Obligations in such order as Mortgagee shall determine in its sole discretion; provided, however, Mortgagee shall have no liability for funds not actually received by Mortgagee.
Appears in 3 contracts
Samples: Security Agreement and Fixture Filing (KBS Real Estate Investment Trust, Inc.), Security Agreement and Fixture Filing (Virco MFG Corporation), KBS Real Estate Investment Trust, Inc.
APPLICATION OF OTHER SUMS. All sums received by Mortgagee under Section 6.2 or Section 3.2, less all costs and expenses incurred by Mortgagee or any receiver under either Section 6.2 or Section 3.26.2, including, without limitation, attorneys’ ' fees, shall be applied in payment of the Secured Obligations in such order as Mortgagee shall determine in its sole discretion; provided, however, Mortgagee shall have no liability for funds not actually received by Mortgagee.
Appears in 2 contracts
Samples: Security Agreement and Fixture, Security Agreement and Fixture Filing (KBS Strategic Opportunity REIT II, Inc.)
APPLICATION OF OTHER SUMS. All sums received by Mortgagee under Section 6.2 or Section 3.2, less all costs and expenses incurred by Mortgagee or any receiver under either Section 6.2 or Section 3.2of said Sections, including, without limitation, attorneys’ fees, shall be applied in payment of the Secured Obligations in such order as Mortgagee shall determine in its sole discretion; provided, however, Mortgagee shall have no liability for funds not actually received by Mortgagee.
Appears in 1 contract
Samples: Steadfast Income REIT, Inc.
APPLICATION OF OTHER SUMS. All sums received by Mortgagee under Section 6.2 or Section 3.2, less all costs and expenses incurred by Mortgagee or any receiver under either Section 6.2 or Section 3.26.2, including, without limitation, attorneys’ ' fees, shall be applied in payment of the Secured Obligations in such order as Mortgagee shall determine in its sole discretion; ny-1258362 provided, however, Mortgagee shall have no liability for funds not actually received by Mortgagee.
Appears in 1 contract
Samples: Security Agreement and Fixture Filing (KBS Strategic Opportunity REIT II, Inc.)
APPLICATION OF OTHER SUMS. All Except as set forth in Section 6.3 above, all sums received by Mortgagee under Section 6.2 or Section 3.2, less all costs and expenses incurred by Mortgagee or any receiver under either Section 6.2 or Section 3.2, including, without limitation, attorneys’ ' fees, shall be applied in payment of the Secured Obligations in such order as Mortgagee shall determine in its sole discretion; provided, however, Mortgagee shall have no liability for funds not actually received by Mortgagee.
Appears in 1 contract
APPLICATION OF OTHER SUMS. All To the extent permitted by applicable law, all sums received by Mortgagee under Section 6.2 or Section 3.2, less all costs and expenses incurred by Mortgagee or any receiver under either Section 6.2 or Section 3.2, including, without limitation, attorneys’ fees, shall be applied in payment of the Secured Obligations in such Loan No. 1002012 order as Mortgagee shall determine in its sole discretion; provided, however, Mortgagee shall have no liability for funds not actually received by Mortgagee.
Appears in 1 contract
Samples: Security Agreement and Fixture Filing (KBS Real Estate Investment Trust II, Inc.)
APPLICATION OF OTHER SUMS. All To the extent permitted by applicable law, all sums received by Mortgagee under Section 6.2 or Section 3.2, less all costs and expenses incurred by Mortgagee or any receiver under either Section 6.2 or Section 3.2, including, without limitation, attorneys’ fees, shall be applied in payment of the Secured Obligations in such order as Mortgagee shall determine in its sole discretion; provided, however, Mortgagee shall have no liability for funds not actually received by Mortgagee.
Appears in 1 contract
Samples: Security Agreement and Fixture Filing (KBS Real Estate Investment Trust, Inc.)
APPLICATION OF OTHER SUMS. All sums received by Mortgagee under Section 6.2 or Section 3.2, less all costs and expenses incurred by Mortgagee or any receiver under either Section 6.2 or Section 3.2, including, without limitation, attorneys’ ' fees, shall be applied in payment of the Secured Obligations in such order as Mortgagee shall determine in its sole discretion; provided, however, Mortgagee shall have no liability for funds not actually received by Mortgagee.
Appears in 1 contract
Samples: Virco MFG Corporation
APPLICATION OF OTHER SUMS. All sums received by Mortgagee under Section 6.2 or Section 3.2, less all costs and expenses incurred by Mortgagee or any receiver under either Section 6.2 or Section 3.26.2, including, without limitation, attorneys’ ' fees, shall be applied in payment of the Secured Obligations in such order as Mortgagee shall determine in its sole discretion; provided, however, Mortgagee shall have no liability for funds not actually received by Mortgagee.. ny-1260332
Appears in 1 contract
Samples: Security Agreement and Fixture Filing (KBS Strategic Opportunity REIT II, Inc.)
