Expenditures and Expenses. In any action to foreclose the lien hereof or otherwise enforce Lender's rights and remedies hereunder, there shall be allowed and included as additional Indebtedness all Costs (as defined in the Loan Agreement) which may be paid or incurred by or on behalf of Lender. All Costs and such other costs, expenses and fees as may be incurred by Lender in the protection of the Property and the maintenance of the lien of this Mortgage, including, attorneys' fees and costs in any litigation or proceeding affecting this Mortgage, the Notes, the other Loan Documents, the Property or the Personal Property, including probate, appellate, and bankruptcy proceedings and any post-judgment proceedings to collect or enforce any judgment or order relating to this Mortgage or the other Loan Documents or in preparation for the commencement or defense of any action or proceeding, shall be immediately due and payable to Lender, with interest thereon at the Default Rate, and shall be secured by this Mortgage.
Appears in 3 contracts
Samples: And Security Agreement (Balanced Care Corp), Rents and Security Agreement (Balanced Care Corp), And Security Agreement (Balanced Care Corp)
Expenditures and Expenses. In any action to foreclose the lien hereof or otherwise enforce Trustee's and 16 Lender's rights and remedies hereunder, there shall be allowed and included as additional Indebtedness all Costs (as defined in the Loan Agreement) which may be paid or incurred by or on behalf of LenderLender and Trustee. All Costs and such other costs, expenses and fees as may be incurred by Lender or Trustee in the protection of the Property and the maintenance of the lien of this Mortgage, including, attorneys' fees and costs in any litigation or proceeding affecting this Mortgage, the Notes, the other Loan Documents, the Property or the Personal Property, including probate, appellate, and bankruptcy proceedings and any post-judgment proceedings to collect or enforce any judgment or order relating to this Mortgage or the other Loan Documents or in preparation for the commencement or defense of any action or proceeding, shall be immediately due and payable to LenderLender or Trustee, as applicable, with interest thereon at the Default Rate, and shall be secured by this Mortgage.
Appears in 1 contract