Common use of Application of Rents and Other Sums Clause in Contracts

Application of Rents and Other Sums. Beneficiary shall apply any and all Rents collected by it, and any and all sums other than proceeds of a Foreclosure Sale which Beneficiary may receive or collect under Section 6.3 of this Deed of Trust, in the following manner: (a) First, to pay the portion of the Secured Obligations attributable to the costs and expenses of operation and collection that may be incurred by Beneficiary or any receiver; (b) Second, to pay all other Secured Obligations in any order and proportions as Beneficiary in its sole discretion may choose; and (c) Third, to remit the remainder, if any, to the person or persons entitled to it. Beneficiary shall have no liability for any funds which it does not actually receive.

Appears in 3 contracts

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

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Application of Rents and Other Sums. Beneficiary shall apply any and all Rents collected by it, and any and all sums sums, other than proceeds of a Foreclosure Sale Sale, which Beneficiary may receive or collect under Section 6.3 of this Deed of Trustcollect, in the following manner: (a) First, to pay the portion of the Secured Obligations attributable to the costs and expenses of operation and collection that may be incurred by Trustee, Beneficiary or any receiver; (b) Second, to pay any and all other Secured Obligations in any order and proportions proportion as Beneficiary Beneficiary, in its sole discretion discretion, may chooseelect; and (c) Third, to remit the remainder, if any, shall be remitted to the person or persons entitled to it. Beneficiary shall have no liability for any funds which it does not actually receive.

Appears in 2 contracts

Samples: Construction Deed of Trust (Eldorado Resorts LLC), Deed of Trust (Players International Inc /Nv/)

Application of Rents and Other Sums. Beneficiary shall apply any and all Rents collected by it, and any and all sums sums, other than proceeds of a Foreclosure Sale Sale, which Beneficiary may receive or collect under Section 6.3 of this Deed of Trustcollect, in the following manner: : (a) First, to pay the portion of the Secured Obligations attributable to the costs and expenses of operation and collection that may be incurred by Trustee, Beneficiary or any receiver; ; (b) Second, to pay any and all other Secured Obligations in any order and proportions proportion as Beneficiary Beneficiary, in its sole discretion discretion, may chooseelect; and and (c) Third, to remit the remainder, if any, shall be remitted to the person or persons entitled to it. Beneficiary shall have no liability for any funds which it does not actually receive. 40.

Appears in 1 contract

Samples: Credit Agreement (Circus Circus Enterprises Inc)

Application of Rents and Other Sums. Beneficiary shall apply any ----------------------------------- and all Rents collected by it, and any and all sums other than proceeds of a Foreclosure Sale which Beneficiary may receive or collect under Section 6.3 of this Deed of Trust6.3, in --- the following manner: (a) First, to pay the portion of the Secured Obligations attributable to the costs and expenses of operation and collection that may be incurred by Trustee, Beneficiary or any receiverreceiver in accordance with applicable law; (b) Second, to pay all other Secured Obligations in any order and proportions as Beneficiary in its sole discretion may choose; and (c) Third, to remit the remainder, if any, to the person or persons entitled to it. Beneficiary shall have no liability for any funds which it does not actually receive.

Appears in 1 contract

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

Application of Rents and Other Sums. Beneficiary shall apply any and all Rents collected by it, and any and all sums sums, other than proceeds of a Foreclosure Sale Sale, which Beneficiary may receive or collect under Section 6.3 of this Deed of Trustcollect, in the following manner: (a) First, to pay the portion of the Secured Obligations attributable to the costs and expenses of operation and collection that may be incurred by Trustee, Beneficiary or any receiver; (b) Second, to pay any and all other Secured Obligations in any order and proportions proportion as Beneficiary in its sole discretion Beneficiary, according to the Indenture, may chooseelect; and (c) Third, to remit the remainder, if any, shall be remitted to the person or persons entitled to it. Beneficiary shall have no liability for any funds which it does not actually receive.

Appears in 1 contract

Samples: Intercreditor Agreement (Eldorado Resorts LLC)

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Application of Rents and Other Sums. Beneficiary shall apply any and all Rents collected by it, and any and all sums other than proceeds of a Foreclosure Sale which Beneficiary may receive or collect under Section 6.3 of this Deed of Trustabove, in the following manner: (a) First, to pay the portion of the Secured Obligations attributable to the costs and expenses of operation and collection that may be incurred by Beneficiary or any receiver; (b) Second, to pay all other Secured Obligations in any order and proportions as Beneficiary in its sole discretion may choose; and (c) Third, to remit the remainder, if any, to the person Grantor (or persons entitled to itas a court of competent jurisdiction may otherwise order). Beneficiary shall have no liability for any funds which it does not actually receive.

Appears in 1 contract

Samples: Deed of Trust, Assignment of Rents, Security Agreement (Grubb & Ellis Healthcare REIT II, Inc.)

Application of Rents and Other Sums. Beneficiary shall apply any and all Rents collected by it, and any and all sums other than proceeds of a Foreclosure Sale which Beneficiary may receive or collect under Section 6.3 of this Deed of Trustabove, in the following manner: (a) First, to pay the portion of the Secured Obligations attributable to the costs and expenses of operation and collection that may be incurred by Beneficiary or any receiver; (b) Second, to pay all other Secured Obligations in any order and proportions as Beneficiary in its sole discretion may choose; and (c) Third, to remit the remainder, if any, to the Grantor and to such other person or persons entitled to it. Beneficiary shall have no liability for any funds which it does not actually receive.

Appears in 1 contract

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

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