Common use of Deficiency Judgments Clause in Contracts

Deficiency Judgments. To the extent permitted by Governmental Rule and subject to Article 9 of the Credit Agreement, if after foreclosure of this Deed of Trust or Trustee’s sale hereunder, there shall remain any deficiency with respect to any amounts payable under the Credit Agreement, including hereunder, or any amounts secured hereby, and Beneficiary shall institute any proceedings to recover such deficiency or deficiencies, all such amounts shall continue to bear interest at the Default Rate. To the extent permitted by Governmental Rule and subject to Article 9 of the Credit Agreement, Trustor waives any defense to Beneficiary’s recovery against Trustor of any deficiency after any foreclosure sale of the Mortgaged Property. To the extent permitted by Governmental Rule and subject to Article 9 of the Credit Agreement, Trustor expressly waives any defense or benefits that may be derived from any statute granting Trustor any defense to any such recovery by Beneficiary. In addition, Beneficiary and Trustee shall be entitled to recovery of all of their reasonable costs and expenditures (including without limitation any court imposed costs) in connection with such proceedings, including their reasonable attorneys’ fees, appraisal fees and the other costs, fees and expenditures referred to in Section 3.14 above. This provision shall survive any foreclosure or sale of the Mortgaged Property, any portion thereof and/or the extinguishment of the lien hereof.

Deficiency Judgments. To the extent permitted by Governmental Rule and subject Subject to Article 9 Section 6.07 of the Credit AgreementIndenture, if after foreclosure of this Deed of Trust or Trustee’s 's sale hereunder, there shall remain any deficiency with respect to any amounts payable under the Credit AgreementFinancing Documents, including hereunder, or any amounts secured hereby, and Beneficiary shall institute any proceedings to recover such deficiency or deficiencies, all such amounts shall continue to bear interest at the Default Rateinterest rate on the Notes. To the extent permitted by Governmental Rule and subject Subject to Article 9 Section 6.07 of the Credit AgreementIndenture, Trustor waives any defense to Beneficiary’s 's recovery against Trustor of any deficiency after any foreclosure sale of the Mortgaged Property. To Subject to Section 6.07 of the Indenture, to the extent permitted by Governmental Rule and subject to Article 9 of the Credit Agreementlaw, Trustor expressly waives any defense or benefits that may be derived from any statute granting Trustor any defense to any such recovery by Beneficiary. In Subject to Section 6.07 of the Indenture, in addition, Beneficiary and Trustee shall be entitled to recovery of all of their reasonable costs and expenditures (including without limitation any court imposed costs) in connection with such proceedings, including their reasonable attorneys’ ' fees, appraisal fees and the other costs, fees and expenditures referred to in Section 3.14 3.18 above. This provision shall survive any foreclosure or sale of the Mortgaged Property, any portion thereof and/or or the extinguishment of the lien hereof.

Deficiency Judgments. To the extent permitted by Governmental Rule and subject Subject to Article 9 8 of the Credit Agreement, if after foreclosure of this Deed of Trust or Trustee’s 's sale hereunder, there shall remain any deficiency with respect to any amounts payable under the Credit AgreementDocuments, including hereunder, or any amounts secured hereby, and Beneficiary shall institute any proceedings to recover such deficiency or deficiencies, all such amounts shall continue to bear interest at the Default Rateinterest rate on the Notes. To the extent permitted by Governmental Rule and subject Subject to Article 9 8 of the Credit Agreement, Trustor waives any defense to Beneficiary’s 's recovery against Trustor of any deficiency after any foreclosure sale of the Mortgaged Property. To Subject to Article 8 of the Credit Agreement, to the extent permitted by Governmental Rule and subject to Article 9 of the Credit Agreementlaw, Trustor expressly waives any defense or benefits that may be derived from any statute granting Trustor any defense to any such recovery by Beneficiary. In Subject to Article 8 of the Credit Agreement, in addition, Beneficiary and Trustee shall be entitled to recovery of all of their reasonable costs and expenditures (including without limitation any court imposed costs) in connection with such proceedings, including their reasonable attorneys’ ' fees, appraisal fees and the other costs, fees and expenditures referred to in Section 3.14 3.18 above. This provision shall survive any foreclosure or sale of the Mortgaged Property, any portion thereof and/or or the extinguishment of the lien hereof.

Deficiency Judgments. To the extent permitted by Governmental Rule and subject to Article 9 of the Credit Agreement, if If after foreclosure of this Deed of Trust or Trustee’s 's sale hereunder, there shall remain any deficiency with respect to any amounts payable under the Credit Agreement, including hereunder, Promissory Note or hereunder or any amounts secured hereby, and Beneficiary shall institute any proceedings to recover such deficiency or deficiencies, all such amounts shall continue to bear interest at the Default Ratedefault interest rate on the Promissory Note. To Trustor waives, to the extent permitted by Governmental Rule and subject to Article 9 of the Credit Agreementapplicable law, Trustor waives any defense to Beneficiary’s 's recovery against Trustor of any deficiency after any foreclosure sale of the Mortgaged PropertyTrust Estate. To Trustor expressly waives, to the extent permitted by Governmental Rule and subject to Article 9 of the Credit Agreementapplicable law, Trustor expressly waives any defense or benefits that may be derived from any statute granting Trustor any defense to any such recovery by Beneficiary. In addition, Beneficiary and Trustee shall be entitled to recovery of all of their reasonable costs and expenditures (including without limitation any court imposed costs) in connection with such proceedings, including their reasonable attorneys’ ' fees, appraisal fees and the other costs, fees and expenditures referred to in Section 3.14 4.18 above. This provision shall survive any foreclosure or sale of the Mortgaged PropertyTrust Estate, any portion thereof and/or the extinguishment of the lien hereof.

Deficiency Judgments. To the extent permitted by Governmental Rule and subject to Article 9 of the Credit Agreement, if If after foreclosure of this Deed of Trust or Trustee’s 's sale hereunder, there shall remain any deficiency with respect to any amounts payable under the Credit Agreement, including hereunder, Notes or hereunder or any amounts secured hereby, and Beneficiary shall institute any proceedings to recover such deficiency defi- ciency or deficiencies, all such amounts shall continue to bear interest at the Default Rate. To the extent permitted by Governmental Rule and subject to Article 9 of the Credit Agreement, Trustor waives any defense to Beneficiary’s 's recovery against Trustor of any deficiency after any foreclosure sale of the Mortgaged PropertyTrust Estate. To the extent permitted by Governmental Rule and subject to Article 9 of the Credit Agreement, Trustor expressly waives any defense or benefits that may be derived from any statute granting Trustor any defense to any such recovery by Beneficiary. In addition, Beneficiary and Trustee shall be entitled to recovery of all of their reasonable costs and expenditures (including without limitation any court imposed costs) in connection with such proceedings, including their reasonable attorneys’ ' fees, appraisal fees and the other costs, fees and expenditures referred to in Section 3.14 4.18 above. This provision shall survive any foreclosure or sale of the Mortgaged PropertyTrust Estate, any portion thereof and/or the extinguishment of the lien hereof.