Common use of Beneficiary's Power of Enforcement Clause in Contracts

Beneficiary's Power of Enforcement. It shall be lawful for Beneficiary, by or through Trustee or otherwise, to (i) immediately sell the Mortgaged Property either in whole or in separate parcels, as prescribed by the State law, under power of sale, which power is hereby granted to Beneficiary and/or Trustee to the full extent permitted by the State law, and thereupon, to make and execute to any purchaser(s) thereof deeds of conveyance pursuant to applicable law or (ii) immediately foreclose this Deed of Trust by judicial action. The court in which any proceeding is pending for the purpose of foreclosure of this Deed of Trust may, at once or at any time thereafter, either before or after sale, without notice and without requiring bond, and without regard to the solvency or insolvency of any person liable for payment of the Obligations secured hereby, and without regard to the then value of the Mortgaged Property or the occupancy thereof as a homestead, appoint a receiver (the provisions for the appointment of a receiver and assignment of rents being an express condition upon which the Loan hereby secured is made) for the benefit of Beneficiary, with power to collect the Rents, due and to become due, during such foreclosure suit and the full statutory period of redemption, if any, notwithstanding any redemption. The receiver, out of the Rents, when collected, may pay costs incurred in the management and operation of the Real Property, prior and subordinate liens, if any, and taxes, assessments, water and other utilities and insurance, then due or thereafter accruing, and may make and pay for any necessary repairs to the Real Property, and may pay all or any part of the Obligations or other sums secured hereby or any deficiency decree entered in such foreclosure proceedings. Upon or at any time after the filing of a suit to foreclose this Deed of Trust, the court in which such suit is filed shall have full power to enter an order placing Trustee or Beneficiary in possession of the Real Property with the same power granted to a receiver pursuant to this subparagraph and with all other rights and privileges of a mortgagee-in-possession under applicable law.

Beneficiary's Power of Enforcement. It shall be lawful for Beneficiary, by or through Trustee or otherwise, Beneficiary to (i) immediately direct the Trustee to sell the Mortgaged Property Property, either in whole or in separate parcels, as prescribed by the State law, under power of sale, which power is hereby granted to Beneficiary and/or Trustee to the full extent permitted by the State law, and thereupon, to make and execute to any purchaser(s) thereof deeds of conveyance pursuant to applicable law or (ii) immediately foreclose this Deed of Trust Instrument by judicial action. The court in which any proceeding is pending for the purpose of sale under or foreclosure of this Deed Instrument if such remedy is taken or any court of Trust competent jurisdiction may, at once or at any time thereafter, either before or after sale, without notice and without requiring bond, and without regard to the solvency or insolvency of any person liable for payment of the Obligations secured herebySecured Obligations, and without regard to the then value of the Mortgaged Property or the occupancy thereof as a homestead, appoint a receiver (the provisions for the appointment of a receiver and assignment of rents being an express condition upon which the Loan Secured Obligations hereby secured is are made) for the benefit of Beneficiary, with power to collect the Rents, due and to become due, during such foreclosure suit or proceeding for such sale and the full statutory period of redemption, if any, notwithstanding any redemption. The receiver, out of the Rents, when collected, may pay costs incurred in the management and operation of the Real Property, prior and subordinate liens, if any, and taxes, assessments, water and other utilities and insurance, then due or thereafter accruing, and may make and pay for any necessary repairs to the Real Property or the Personal Property, and may pay all or any part of the Secured Obligations or other sums secured hereby or any deficiency decree entered in such foreclosure proceedings. Upon or at any time after the filing of a suit to foreclose this Deed of TrustInstrument, the court in which such suit is filed shall have full power to enter an order placing Trustee or Beneficiary in possession of the Real Property with the same power granted to a receiver pursuant to this subparagraph and with all other rights and privileges of a mortgagee-in-possession under applicable law.

Beneficiary's Power of Enforcement. It shall be lawful for Beneficiary, by or through Trustee or otherwise, to (i) immediately sell the Mortgaged Property either in whole or in separate parcels, as prescribed by the State law, under power of sale, which power is hereby granted to The Beneficiary and/or Trustee to the full extent permitted by the State law, and thereupon, to make and execute to any purchaser(s) thereof deeds of conveyance pursuant to applicable law or (ii) may immediately foreclose this Deed of Trust by judicial action. The court in which any proceeding is pending for the purpose of foreclosure of this Deed of Trust by judicial procedure or in connection with the exercise of any non-judicial power of sale by the Trustee may, at once or at any time thereafter, either before or after sale, without notice and without requiring bond, and without regard to the solvency or insolvency of any person liable for payment of the Obligations secured herebySecured, and without regard to the then value of the Mortgaged Property or the occupancy thereof as a homestead, appoint a receiver (the provisions for the appointment of a receiver and assignment of rents being an express condition upon which the Loan loans and other financial accommodations hereby secured is are made) for the benefit of Beneficiarythe Secured Parties, with power to collect the Rents, due and to become due, during such foreclosure suit and the full statutory period of redemption, if any, redemption notwithstanding any redemption. The receiver, out of the Rents, Rents when collected, may pay reasonable costs incurred in the management and operation of the Real Property, prior and subordinate liens, if any, and taxes, assessments, water and other utilities and insurance, then due or thereafter accruing, and may make 10 and pay for any necessary repairs to the Real Property, and may pay all or any part of the Obligations or other sums secured hereby Secured in accordance with the Loan Agreement or any deficiency decree entered in such foreclosure proceedingsproceeding. Upon or at any time after the filing of a suit to foreclose this Deed of Trust, the court in which such suit is filed shall have full power to enter an order placing Trustee or the Beneficiary in possession of the Real Property with the same power granted to a receiver pursuant to this subparagraph clause (a) and with all other rights and privileges of a mortgagee-in-possession under applicable law.

Beneficiary's Power of Enforcement. It shall be lawful for Beneficiary, by or through Trustee or otherwise, to (i) immediately sell the Mortgaged Property either in whole or in separate parcels, as prescribed by the State law, under power of sale, which power is hereby granted to The Beneficiary and/or Trustee to the full extent permitted by the State law, and thereupon, to make and execute to any purchaser(s) thereof deeds of conveyance pursuant to applicable law or (ii) may immediately foreclose this Deed of Trust by judicial action. The court in which any proceeding is pending for the purpose of foreclosure of this Deed of Trust by judicial procedure or in connection with the exercise of any non-judicial power of sale by the Trustee may, at once or at any time thereafter, either before or after sale, without notice and without requiring bond, and without regard to the solvency or insolvency of any person liable for payment of the Obligations secured herebySecured, and without regard to the then value of the Mortgaged Property or the occupancy thereof as a homestead, appoint a receiver (the provisions for the appointment of a receiver and assignment of rents being an express condition upon which the Loan loans and other financial accommodations hereby secured is are made) for the benefit of Beneficiarythe Secured Parties, with power to collect the Rents, due and to become due, during such foreclosure suit and the full statutory period of redemption, if any, redemption notwithstanding any redemption. The receiver, out of the Rents, Rents when collected, may pay reasonable costs incurred in the management and operation of the Real Property, prior and subordinate liens, if any, and taxes, assessments, water and other utilities and insurance, then due or thereafter accruing, and may make 9 and pay for any necessary repairs to the Real Property, and may pay all or any part of the Obligations or other sums secured hereby Secured in accordance with the Loan Agreement or any deficiency decree entered in such foreclosure proceedingsproceeding. Upon or at any time after the filing of a suit to foreclose this Deed of Trust, the court in which such suit is filed shall have full power to enter an order placing Trustee or the Beneficiary in possession of the Real Property with the same power granted to a receiver pursuant to this subparagraph clause (a) and with all other rights and privileges of a mortgagee-in-possession under applicable law.

Beneficiary's Power of Enforcement. It 3.3.1 If an Event of Default shall have occurred, Beneficiary may, but shall not be obligated to, cause Trustee to sell, in accordance with the applicable law of the state in which the Encumbered Property or any part of the Encumbered Property is situated, the Encumbered Property or any part of the Encumbered Property at public sale or sales before the door of the courthouse of the county in which the Encumbered Property or any part of the Encumbered Property is situated, to the highest bidder for cash, in order to pay the indebtedness secured hereby and accrued interest thereon and insurance premiums, liens, assessments, taxes and charges, including utility charges, if any, with accrued interest thereon, and all expenses of the sale and of all proceedings in connection therewith, including reasonable attorneys' fees actually incurred, after advertising the time, place and terms of the sale. Trustee shall deliver to the purchaser at the sale of the Site, its deed, without warranty, which shall convey to the purchaser the interest in the Site which Grantor had or had the power to convey at the time of its execution of this Deed of Trust, or such as it may have acquired thereafter. The Trustee's deed shall recite the facts showing that the sale was conducted in compliance with all the requirements of law and this Deed of Trust, which recital shall be lawful prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchasers and encumbrancers for Beneficiary, by or through Trustee or otherwise, to (i) immediately sell the Mortgaged Property either in whole or in separate parcels, as prescribed by the State law, under value. The power of sale, which power sale conferred by this Deed of Trust and by applicable law is hereby granted to Beneficiary and/or Trustee to the full extent permitted by the State lawnot an exclusive remedy, and thereuponwhen not being exercised, to make and execute to any purchaser(s) thereof deeds of conveyance pursuant to applicable law or (ii) immediately Beneficiary may, but shall not be obligated to, foreclose this Deed of Trust by judicial action. The court in which any proceeding is pending for the purpose of foreclosure of this Deed of Trust may, at once or at any time thereafter, either before or after sale, without notice and without requiring bond, and without regard to the solvency or insolvency of any person liable for payment of the Obligations secured hereby, and without regard to the then value of the Mortgaged Property or the occupancy thereof as a homestead, appoint a receiver (the provisions for the appointment of a receiver mortgage and assignment of rents being an express condition upon which the Loan hereby secured is made) for the benefit of Beneficiary, with power to collect the Rents, due and to become due, during such foreclosure suit and the full statutory period of redemption, if any, notwithstanding any redemption. The receiver, out of the Rents, when collected, may Grantor shall pay all costs incurred by Beneficiary in the management and operation of the Real Propertyany suit, prior and subordinate liensor appeal therefrom, if any, and taxes, assessments, water and other utilities and insurance, then due or thereafter accruing, and may make and pay for any necessary repairs to the Real Property, and may pay all or any part of the Obligations or other sums secured hereby or any deficiency decree entered in such foreclosure proceedings. Upon or at any time after the filing of a suit brought by Beneficiary to foreclose this Deed of Trust, the court including without limitation costs of guaranty of title and reasonable attorneys' fees. Trustee is not obligated to notify any party hereto of a pending sale under any other deed of trust or of any action or proceeding in which such suit is filed shall have full power to enter an order placing Grantor, Trustee or Beneficiary in shall be a party, unless such action or proceeding is brought by Trustee. In the event of any such foreclosure sale by Trustee, Grantor shall be deemed a tenant holding over and shall forthwith deliver possession to the purchaser or purchasers at such sale or be summarily dispossessed according to provisions of the Real Property with the same power granted law applicable to a receiver pursuant to this subparagraph and with all other rights and privileges of a mortgagee-in-possession under applicable lawtenants holding over.