Common use of Application of Proceeds of Foreclosure Sale Clause in Contracts

Application of Proceeds of Foreclosure Sale. The proceeds of any foreclosure sale of the Property shall be distributed and applied in the following order of priority: first, to all costs and expenses incident to the foreclosure proceedings, including all such items as are mentioned in Section 4.4 above; second, to all other items which may under the terms hereof constitute Secured Indebtedness additional to that evidenced by the Notes, with interest thereon as provided herein or in the other Note Documents; third, to all principal and interest remaining unpaid on the Notes; and fourth, any surplus to Mortgagor, its successors or assigns, as their rights may appear or to any other party legally entitled thereto.

Appears in 3 contracts

Samples: Playtex Sales & Services Inc, Playtex Sales & Services Inc, Playtex Sales & Services Inc

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Application of Proceeds of Foreclosure Sale. The proceeds of any foreclosure sale of the Property shall be distributed and applied in the following order of priority: first, to all costs and expenses incident to the foreclosure proceedings, including all such items as are mentioned in Section 4.4 4.5 above; second, to all other items which may under the terms hereof constitute Secured Indebtedness additional to that evidenced by the Notes, with interest thereon as provided herein or in the other Note Loan Documents; third, to all principal and interest remaining unpaid on the Notes; and fourth, any surplus to Mortgagor, its successors or assigns, as their rights may appear or to any other party legally entitled thereto.

Appears in 2 contracts

Samples: Mortgage, Security Agreement (Akorn Inc), Mortgage, Security Agreement (Akorn Inc)

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Application of Proceeds of Foreclosure Sale. The proceeds of any foreclosure (or partial foreclosure) sale of the Property shall be distributed and applied in the following order of priority: first, to all costs and expenses incident to the foreclosure proceedings, including all such items as are mentioned in Section 4.4 above; second, to all other items which may under the terms hereof constitute Secured Indebtedness secured indebtedness additional to that evidenced by the NotesNote, with interest thereon as provided herein or in the other Note Loan Documents; third, to all principal and interest remaining unpaid on the NotesNote; and fourth, any surplus to MortgagorBorrower, its successors or assigns, as their rights may appear or to any other party legally entitled thereto. Notwithstanding anything in this Section 21 to the contrary, the proceeds of any foreclosure sale shall be applied in accordance with all applicable laws.

Appears in 1 contract

Samples: Mortgage, Security Agreement and Fixture Filing (Standard Management Corp)

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