Common use of Curing of Defaults Clause in Contracts

Curing of Defaults. 8.7.1. If Trustor shall at any time fail to perform or comply with any of the terms, covenants and conditions required on Trustor's part to be performed and complied with under this Deed of Trust or any other Security Document relating to the Trust Estate (after the lapse of any cure period provided therein), then Beneficiary shall have the right, but not the obligation, without waiving or releasing any of the Secured Obligations, to: 8.7.1.1. make any payments thereunder payable by Trustor and take out, pay for and maintain any of the insurance policies provided for therein, and/or 8.7.1.2. after the expiration of any applicable grace period and subject to Trustor's rights to contest certain obligations specifically granted hereby, perform any such other acts thereunder on the part of Trustor to be performed and enter upon the Property and incur reasonable attorneys' fees and expenses for such purpose. 8.7.2. The making by Beneficiary of such payment out of Beneficiary's own funds shall not, however, be deemed to cure such default by Trustor, and the same shall not be so cured unless and until Trustor shall have reimbursed Beneficiary within the applicable cure period for such payment including interest at the Default Rate from the date of such expenditure. All sums so paid and all reasonable costs and expenses actually incurred and paid by Beneficiary in connection with the performance of any such act, together with interest on unpaid balances thereof at the Default Rate from the respective dates of Beneficiary's making of each such payment, shall be secured by the lien of this Deed of Trust, prior to any right, title or interest in or claim upon the Property

Appears in 2 contracts

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

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Curing of Defaults. 8.7.1. 8.7.1 If Trustor shall at any time fail to perform or comply with any of the terms, covenants and conditions required on Trustor's part to be performed and complied with under this Deed of Trust or any other Security Loan Document relating to the Trust Estate (after the lapse of any cure period provided therein), then Beneficiary shall have the right, but not the obligation, without waiving or releasing any of the Secured Obligations, to: 8.7.1.1. 8.7.1.1 make any payments thereunder payable by Trustor and take out, pay for and maintain any of the insurance policies provided for therein, and/or 8.7.1.2. 8.7.1.2 after the expiration of any applicable grace period and subject to Trustor's rights to contest certain obligations specifically granted hereby, perform any such other acts thereunder on the part of Trustor to be performed and enter upon the Property and incur reasonable attorneys' attorneys fees and expenses for such purpose. 8.7.2. 8.7.2 The making by Beneficiary of such payment out of Beneficiary's own funds shall not, not however, be deemed to cure such default by Trustor, and the same shall not be so cured unless and until Trustor shall have reimbursed Beneficiary within the applicable cure period for such payment including interest at the Default Rate from the date of such expenditure. All sums so paid and all reasonable costs and expenses actually incurred and paid by Beneficiary in connection with the performance of any such act, together with interest on unpaid balances thereof at the Default Rate from the respective dates of Beneficiary's making of each such payment, payment shall be secured by the lien of this Deed of Trust, Trust prior to any right, right title or interest in or claim upon the PropertyProperty attaching or accruing subsequent to the lien of this Deed of Trust and shall be payable by, Trustor to Beneficiary within thirty (30) days after receipt of written demand.

Appears in 2 contracts

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

Curing of Defaults. 8.7.1. If Trustor shall at any time fail to perform or comply with any of the terms, covenants and conditions required on Trustor's part to be performed and complied with under this Deed of Trust or any other Security Document relating to the Trust Estate (after the lapse of any cure period provided therein), then Beneficiary shall have the right, but not the obligation, without waiving or releasing any of the Secured Obligations, to: 8.7.1.1. make any payments thereunder payable by Trustor and take out, pay for and maintain any of the insurance policies provided for therein, and/or 8.7.1.2. after the expiration of any applicable grace period and subject to Trustor's rights to contest certain obligations specifically granted hereby, perform any such other acts thereunder on the part of Trustor to be performed and enter upon the Property and incur reasonable attorneys' fees and expenses for such purpose. 8.7.2. The making by Beneficiary of such payment out of Beneficiary's own funds shall not, however, be deemed to cure such default by Trustor, and the same shall not be so cured unless and until Trustor shall have reimbursed Beneficiary within the applicable cure period for such payment including interest at the Default Rate from the date of such expenditure. All sums so paid and all reasonable costs and expenses actually incurred and paid by Beneficiary in connection with the performance of any such act, together with interest on unpaid balances thereof at the Default Rate from the respective dates of Beneficiary's making of each such payment, shall be secured by the lien of this Deed of Trust, prior to any right, title or interest in or claim upon the PropertyProperty attaching or accruing subsequent to the lien of this Deed of Trust, and shall be payable by Trustor to Beneficiary within thirty (30) days after receipt of written demand.

Appears in 1 contract

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

Curing of Defaults. 8.7.1. 8.7.1 If Trustor shall at any time fail to perform or comply with any of the terms, covenants and conditions required on Trustor's part to be performed and complied with under this Deed of Trust or any other Security Loan Document relating to the Trust Estate (after the lapse of any cure period period, if any, provided thereintherein such that an Event of Default has occurred and is continuing as a result of such failure), then Beneficiary shall have the right, but not the obligation, without waiving or releasing any of the Secured Obligations, to: 8.7.1.1. 8.7.1.1 make any payments thereunder payable by Trustor and take out, pay for and maintain any of the insurance policies provided for therein, and/or 8.7.1.2. 8.7.1.2 after the expiration of any applicable grace period and subject to Trustor's rights to contest certain obligations specifically granted hereby, perform any such other acts thereunder on the part of Trustor to be performed and enter upon the Property and incur reasonable attorneys' attorneys fees and expenses for such purpose. 8.7.2. 8.7.2 The making by Beneficiary of such payment out of Beneficiary's own funds shall not, however, be deemed to cure such default Event of Default by Trustor, and the same shall not be so cured unless and until Trustor shall have reimbursed Beneficiary within the applicable cure period for such payment including interest at the Default Rate from the date of such expenditure. All sums so paid and all reasonable costs and expenses actually incurred and paid by Beneficiary in connection with the performance of any such act, together with interest on unpaid balances thereof at the Default Rate from the respective dates of Beneficiary's making of each such payment, payment shall be secured by the lien of this Deed of Trust, Trust prior to any right, right title or interest in or claim upon the PropertyProperty attaching or accruing subsequent to the lien of this Deed of Trust and shall be payable by Trustor to Beneficiary within thirty (30) days after receipt of written demand.

Appears in 1 contract

Samples: Loan and Security Agreement (Sands Regent)

Curing of Defaults. 8.7.1. If Trustor shall at any time fail to perform or comply with any of the terms, covenants and conditions required on Trustor's part to be performed and complied with under this Deed of Trust Trust, any of the other Loan Documents or any other Security Document relating agreement that, under the terms of this Deed of Trust, Trustor is required to the Trust Estate (after the lapse of any cure period provided therein)perform, then Beneficiary shall have the rightBeneficiary, but not the obligation, and without waiving or releasing Trustor from any of the Secured Obligations, tomay, in its sole discretion: 8.7.1.1. make any payments thereunder payable by Trustor and (i) take out, pay for and maintain any of the insurance policies provided for therein, ; and/or 8.7.1.2. (ii) after the expiration of any applicable grace period or notice and cure period make any payments thereunder payable by Trustor and subject to Trustor's rights to contest certain obligations specifically granted hereby, perform any such other acts thereunder on the part of Trustor to be performed and enter upon the Property and incur reasonable attorneys' fees and expenses for such purpose. 8.7.2. The making by Beneficiary of such payment All sums so paid out of Beneficiary's own funds shall not, however, be deemed to cure such default by Trustor, and the same shall not be so cured unless and until Trustor shall have reimbursed Beneficiary within the applicable cure period for such payment including interest at the Default Rate from the date of such expenditure. All sums so paid and all reasonable costs and expenses actually incurred and paid by Beneficiary in connection with the performance of any such act, together with interest on unpaid balances thereof at the Default Secondary Interest Rate from the respective dates of Beneficiary's making of each such payment, shall be secured added to the principal of the Indebted- ness, shall be secuxxx by the Loan Documents and by the lien of this Deed of Trust, prior to any right, title or interest in or claim upon the PropertyProperty attaching or accruing subsequent to the lien of this Deed of Trust, and shall be payable by Trustor to Beneficiary or demand.

Appears in 1 contract

Samples: Promissory Note (JMB Income Properties LTD Xii)

Curing of Defaults. 8.7.1. If Trustor shall at any time fail to perform or comply with any of the terms, covenants and conditions required on Trustor's part to be performed and complied with under this Deed of Trust Trust, any of the other Loan Documents or any other Security Document relating agreement that, under the terms of this Deed of Trust, Trustor is required to the Trust Estate (after the lapse of any cure period provided therein)perform, then Beneficiary shall have the rightBeneficiary, but not the obligation, and without waiving or releasing Trustor from any of the Secured Obligations, tomay, in its sole discretion: 8.7.1.1. make any payments thereunder payable by Trustor and (i) take out, pay for and maintain any of the insurance policies provided for therein, ; and/or 8.7.1.2. (ii) after the expiration of any applicable grace period or notice and cure period make any payments thereunder payable by Trustor and subject to Trustor's rights to contest certain obligations specifically granted hereby, perform any such other acts thereunder on the part of Trustor to be performed and enter upon the Property and incur reasonable attorneys' fees and expenses for such purpose. 8.7.2. The making by Beneficiary of such payment All sums so paid out of Beneficiary's own funds shall not, however, be deemed to cure such default by Trustor, and the same shall not be so cured unless and until Trustor shall have reimbursed Beneficiary within the applicable cure period for such payment including interest at the Default Rate from the date of such expenditure. All sums so paid and all reasonable costs and expenses actually incurred and paid by Beneficiary in connection with the performance of any such act, together with interest on unpaid balances thereof at the Default Secondary Interest Rate from the respective dates of Beneficiary's making of each such payment, shall be added to the principal of the Indebted- xxxx, shall be secured by the Loan Documents and by the lien of this Deed of Trust, prior to any right, title or interest in or claim upon the PropertyProperty attaching or accruing subsequent to the lien of this Deed of Trust, and shall be payable by Trustor to Beneficiary or demand.

Appears in 1 contract

Samples: Promissory Note (JMB Income Properties LTD Xiii)

Curing of Defaults. 8.7.1. If Trustor shall at any time fail to perform or comply with any of the terms, covenants and conditions required on Trustor's part to be performed and complied with under this Deed of Trust or any other Security Document relating to the Trust Estate (after the lapse of any cure period provided therein), then Beneficiary shall have the right, but not the obligation, upon the occurrence and during the continuance of an Event of Default, without waiving or releasing any of the Secured Obligations, to: 8.7.1.1. make any payments thereunder payable by Trustor and take out, pay for and maintain any of the insurance policies provided for therein, and/or 8.7.1.2. after the expiration of any applicable grace period and subject to Trustor's rights to contest certain obligations specifically granted hereby, perform any such other acts thereunder on the part of Trustor to be performed and enter upon the Property and incur reasonable attorneys' fees and expenses for such purpose. 8.7.2. The making by Beneficiary of such payment out of Beneficiary's own funds shall not, however, be deemed to cure such default by Trustor, and the same shall not be so cured unless and until Trustor shall have reimbursed Beneficiary within the applicable cure period for such payment including interest at the Default Rate from the date of such expenditure. All sums so paid and all reasonable costs and expenses actually incurred and paid by Beneficiary in connection with the performance of any such act, together with interest on unpaid balances thereof at the Default Rate from the respective dates of Beneficiary's making of each such payment, shall be secured by the lien of this Deed of Trust, prior to any right, title or interest in or claim upon the PropertyProperty attaching or accruing subsequent to the lien of this Deed of Trust, and shall be payable by Trustor to Beneficiary within thirty (30) days after receipt of written demand.

Appears in 1 contract

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

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Curing of Defaults. 8.7.1. If any Trustor shall at any time fail to perform or comply with any of the terms, covenants and conditions required on such Trustor's ’s part to be performed and complied with under this Deed of Trust or any other Security Indenture Document relating to the Trust Estate (after the lapse of any cure period provided therein), then Beneficiary shall have the right, but not the obligation, without waiving or releasing any of the Secured Obligations, to: 8.7.1.1. make any payments thereunder payable by Trustor the Trustors and take out, pay for and maintain any of the insurance policies provided for therein, and/or 8.7.1.2. after the expiration of any applicable grace period and subject to Trustor's the Trustors’ rights to contest certain obligations specifically granted hereby, perform any such other acts thereunder on the part of Trustor the Trustors to be performed and enter upon the Property and incur reasonable attorneys' fees and expenses for such purpose. 8.7.2. The making by Beneficiary of such payment out of Beneficiary's ’s own funds shall not, however, be deemed to cure such default by such Trustor, and the same shall not be so cured unless and until Trustor the Trustors shall have reimbursed Beneficiary within the applicable cure period for such payment including interest at the Default Rate Defaulted Interest rate from the date of such expenditure. All sums so paid and all reasonable costs and expenses actually incurred and paid by Beneficiary in connection with the performance of any such act, together with interest on unpaid balances thereof at the Default Rate Defaulted Interest rate from the respective dates of Beneficiary's ’s making of each such payment, shall be secured by the lien Lien of this Deed of Trust, prior to any right, title or interest in or claim upon the PropertyProperty attaching or accruing subsequent to the Lien of this Deed of Trust, and shall be payable by the Trustors to Beneficiary within thirty (30) days after receipt of written demand.

Appears in 1 contract

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

Curing of Defaults. 8.7.1. 8.7.1 If Trustor shall at any time fail to perform or comply with any of the terms, covenants and conditions required on Trustor's part to be performed and complied with under this Deed deed of Trust or any other Security Loan Document relating to the Trust Estate (after the lapse of any cure period provided therein), then Beneficiary shall have the right, but not the obligation, without waiving or releasing any of the Secured Obligations, to: 8.7.1.1. 8.7.1.1 make any payments thereunder payable by Trustor and take out, pay for and maintain any of the insurance policies provided for therein, and/or 8.7.1.2. 8.7.1.2 after the expiration of any applicable grace period and subject to Trustor's rights to contest certain obligations specifically granted hereby, perform any such other acts thereunder on the part of Trustor to be performed and enter upon the Real Property and incur reasonable attorneys' fees and expenses for such purpose. 8.7.2. 8.7.2 The making by Beneficiary of such payment out of Beneficiary's own funds shall not, however, be deemed to cure such default by Trustor, and the same shall not be so cured unless and until Trustor shall have reimbursed Beneficiary within the applicable cure period for such payment including interest at the Default Rate from the date of such expenditure. All sums so paid and all reasonable costs and expenses actually incurred and paid by Beneficiary in connection with the performance of any such act, together with interest on unpaid balances thereof at the Default Rate from the respective dates of Beneficiary's making of each such payment, shall be secured by the lien of this Deed of Trust, prior to any right, title or or, interest in or claim upon the PropertyReal Property attaching or accruing subsequent to the lien of this Deed of Trust and shall be payable by Trustor to Beneficiary within thirty (30) days after receipt of written demand.

Appears in 1 contract

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

Curing of Defaults. 8.7.1. 8.7.1 If Trustor shall at any time fail to perform or comply with any of the terms, covenants and conditions required on Trustor's part to be performed and complied with under this Deed of Trust or any other Security Loan Document relating to the Trust Estate (after the lapse of any cure period provided therein), then Beneficiary shall have the right, but not the obligation, without waiving or releasing any of the Secured Obligations, to: 8.7.1.1. 8.7.1.1 make any payments thereunder payable by Trustor and take out, pay for and maintain any of the insurance policies provided for therein, ; and/or 8.7.1.2. 8.7.1.2 after the expiration of any applicable grace period and subject to Trustor's rights to contest certain obligations specifically granted hereby, perform any such other acts thereunder on the part of Trustor to be performed and enter upon the Property and incur reasonable attorneys' fees and expenses for such purpose. 8.7.2. 8.7.2 The making by Beneficiary of such payment out of Beneficiary's own funds shall not, however, be deemed to cure such default by Trustor, and the same shall not be so cured unless and until Trustor shall have reimbursed Beneficiary within the applicable cure period for such payment including interest at the Default Rate from the date of such expenditure. All sums so paid and all reasonable costs and expenses actually incurred and paid by Beneficiary in connection with the performance of any such act, together with interest on unpaid balances thereof at the Default Rate from the respective dates of Beneficiary's making of each such payment, shall be secured by the lien of this Deed of Trust, prior to any right, title or interest in or claim upon the PropertyProperty attaching or accruing subsequent to the lien of this Deed of Trust, and shall be payable by Trustor to Beneficiary within thirty (30) days after receipt of written demand.

Appears in 1 contract

Samples: Deed of Trust (Fitzgeralds Gaming Corp)

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