Common use of BENEFICIARY'S EXPENSES, INCLUDING ATTORNEY'S FEES Clause in Contracts

BENEFICIARY'S EXPENSES, INCLUDING ATTORNEY'S FEES. Regardless of the occurrence of a Default or Event of Default, Trustor agrees to pay to Beneficiary any and all advances, charges, costs and expenses, including the reasonable fees and expenses of counsel and any experts or agents, that Beneficiary may reasonable incur in connection with (i) the administration of this Deed of Trust, including any amendment thereto or any workout or restructuring, (ii) the creation, perfection or continuation of the lien of this Deed of Trust or protection of its priority or the Trust Estate, including the discharging of any prior or junior lien or adverse claim against the Trust Estate or any part thereof that is not permitted hereby or by the Loan Agreement, (iii) the custody, preservation or sale of, collection from, or other realization upon, any of the Trust Estate, (iv) the exercise or enforcement of any of the rights, powers or remedies of Beneficiary under this Deed of Trust or under Applicable Laws with respect hereto (including reasonable attorneys fees and expenses incurred by Beneficiary in connection with the operation, maintenance or foreclosure of the lien of this Deed of Trust) or any bankruptcy proceeding with respect hereto or (v) the failure by Trustor to perform or observe any of the provisions hereof. All such amounts and all other amounts payable hereunder shall be payable on demand, together with interest at the interest rate provided under the Loan Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Sands Regent)

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BENEFICIARY'S EXPENSES, INCLUDING ATTORNEY'S FEES. Regardless of the occurrence of a Default or Event of Default, Trustor agrees to pay to Beneficiary any and all advances, charges, costs and expenses, including including, without limitation, the reasonable fees and expenses of counsel and any experts or agents, that Beneficiary may reasonable reasonably incur in connection with (i) the administration of this Deed of Trust, including any amendment thereto or any workout or restructuring, (ii) the creation, perfection or continuation of the lien Lien of this Deed of Trust or protection of its priority or the Trust Estate, including the discharging of any prior or junior lien Lien or adverse claim against the Trust Estate or any part thereof that is not permitted hereby or by the Loan AgreementIndenture, (iii) the custody, preservation or sale of, collection from, or other realization upon, any of the Trust Estate, (iv) the exercise or enforcement of any of the rights, powers or remedies of Beneficiary under this Deed of Trust or under Applicable Laws with respect hereto (including reasonable attorneys attorneys' fees and expenses incurred by Beneficiary in connection with the operation, maintenance or foreclosure of the lien Lien of this Deed of Trust) or any bankruptcy proceeding with respect hereto or (v) the failure by Trustor to perform or observe any of the provisions hereof. All such amounts and all other amounts payable hereunder shall be payable on demand, together with interest at the interest rate provided under the Loan AgreementDefault Rate.

Appears in 1 contract

Samples: Deed of Trust, Security Agreement and Fixture Filing With Assignment of Rents (Majestic Investor Capital Corp)

BENEFICIARY'S EXPENSES, INCLUDING ATTORNEY'S FEES. Regardless of the occurrence of a Default or Event of Default, Trustor agrees to pay to Beneficiary any and all advances, charges, costs and expenses, including the reasonable fees and expenses of counsel and any experts or agents, that Beneficiary may reasonable reasonably incur in connection with (i) the administration of this Deed of Trust, including any amendment thereto or any workout or restructuring, (ii) the creation, perfection or continuation of the lien Lien of this Deed of Trust or protection of its priority or the Trust Estate, including the discharging of any prior or junior lien Lien or adverse claim against the Trust Estate or any part thereof that is not permitted hereby or by the Loan AgreementIndenture, (iii) the custody, preservation or sale of, collection from, or other realization upon, any of the Trust Estate, (iv) the exercise or enforcement of any of the rights, powers or remedies of Beneficiary under this Deed of Trust or under Applicable Laws with respect hereto (including reasonable attorneys attorneys' fees and expenses incurred by Beneficiary in connection with the operation, maintenance or foreclosure of the lien Lien of this Deed of Trust) or any bankruptcy proceeding with respect hereto or (v) the failure by Trustor to perform or observe any of the provisions hereof. All such amounts and all other amounts payable hereunder shall be payable on demand, together with interest at the interest rate provided under the Loan AgreementDefault Rate.

Appears in 1 contract

Samples: Deed of Trust, Security Agreement and Fixture Filing With Assignment of Rents (Fitzgeralds Gaming Corp)

BENEFICIARY'S EXPENSES, INCLUDING ATTORNEY'S FEES. Regardless of the occurrence of a Default or Event of Default, Trustor agrees the Trustors agree to pay to Beneficiary any and all advances, charges, costs and expenses, including the reasonable fees and expenses of counsel and any experts or agents, that Beneficiary may reasonable reasonably incur in connection with (i) the administration of this Deed of Trust, including any amendment thereto or any workout or restructuring, (ii) the creation, perfection or continuation of the lien Lien of this Deed of Trust or protection of its priority or the Trust Estate, including the discharging of any prior or junior lien Lien or adverse claim against the Trust Estate or any part thereof that is not permitted hereby or by the Loan AgreementIndenture, (iii) the custody, preservation or sale of, collection from, or other realization upon, any of the Trust Estate, (iv) the exercise or enforcement of any of the rights, powers or remedies of Beneficiary under this Deed of Trust or under Applicable Laws with respect hereto (including reasonable attorneys attorneys’ fees and expenses incurred by Beneficiary in connection with the operation, maintenance or foreclosure of the lien Lien of this Deed of Trust) or any bankruptcy proceeding with respect hereto or (v) the failure by any Trustor to perform or observe any of the provisions hereof. All such amounts and all other amounts payable hereunder shall be payable on demand, together with interest at the interest rate provided under the Loan AgreementDefaulted Interest rate.

Appears in 1 contract

Samples: Leasehold and Fee Deed of Trust, Security Agreement and Fixture Filing With Assignment of Rents (Oasis Interval Ownership, LLC)

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BENEFICIARY'S EXPENSES, INCLUDING ATTORNEY'S FEES. Regardless of the occurrence of a Default or Event of Default, Trustor agrees to pay to Beneficiary any and all advances, charges, costs and expenses, including the reasonable fees and expenses of counsel and any experts or agents, that Beneficiary may reasonable reasonably incur in connection with (i) the administration of this Deed of Trust, including any amendment thereto or any workout or restructuring, (ii) the creation, perfection or continuation of the lien Lien of this Deed of Trust or protection of its priority or the Trust Estate, including the discharging of any prior or junior lien Lien or adverse claim against the Trust Estate or any part thereof that is not permitted hereby or by the Loan AgreementIndenture, (iii) the custody, preservation or sale of, collection from, or other realization upon, any of the Trust Estate, (iv) the exercise or enforcement of any of the rights, powers or remedies of Beneficiary under this Deed of Trust or under Applicable Laws with respect hereto (including reasonable attorneys attorneys' fees and expenses incurred by Beneficiary in connection with the operation, maintenance or foreclosure of the lien Lien of this Deed of Trust) or any bankruptcy proceeding with respect hereto or of (v) the failure by Trustor to perform or observe any of the provisions hereof. All such amounts and all other amounts payable hereunder shall be payable on demand, together with interest at the interest rate provided under the Loan AgreementDefault Rate.

Appears in 1 contract

Samples: Deed of Trust, Security Agreement and Fixture Filing (Fitzgeralds Gaming Corp)

BENEFICIARY'S EXPENSES, INCLUDING ATTORNEY'S FEES. Regardless of the occurrence of a Default or Event of Default, Trustor agrees to pay to Beneficiary any and all advances, charges, costs and expenses, including the reasonable fees and expenses of counsel and any experts or agents, that Beneficiary may reasonable reasonably incur in connection with (i) the administration of this Deed of Trust, including any amendment thereto or any workout or restructuring, (ii) the creation, perfection or continuation of the lien Lien of this Deed of Trust or protection of its priority or the Trust Estate, including the discharging of any prior or junior lien Lien or adverse claim against the Trust Estate or any part thereof that is not permitted hereby or by the Loan Agreement, (iii) the custody, preservation or sale of, collection from, or other realization upon, any of the Trust Estate, (iv) the exercise or enforcement of any of the rights, powers or remedies of Beneficiary under this Deed of Trust or under Applicable Laws with respect hereto (including reasonable attorneys attorneys' fees and expenses incurred by Beneficiary in connection with the operation, maintenance or foreclosure of the lien Lien of this Deed of Trust) or any bankruptcy proceeding with respect hereto or (v) the failure by Trustor to perform or observe any of the provisions hereof. All such amounts and all other amounts payable hereunder shall be payable on demand, together with interest at the interest rate provided under the Loan AgreementDefault Rate.

Appears in 1 contract

Samples: Deed of Trust (Fitzgeralds Gaming Corp)

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