Common use of Expenses and Attorney Fees Clause in Contracts

Expenses and Attorney Fees. If Beneficiary refers any of the Obligations to an attorney for collection or seeks legal advice following a default; if Beneficiary is the prevailing party in any litigation instituted in connection with any of the Obligations; or if Beneficiary or any other person initiates any judicial or nonjudicial action, suit or proceeding in connection with any of the Obligations or the Property (including but not limited to proceedings under federal bankruptcy law, eminent domain, under probate proceedings or in connection with any state or federal tax lien), and an attorney is employed by Beneficiary to (a) appear in any such action, suit or proceeding, or (b) reclaim, seek relief from a judicial or statutory stay, sequester, protect, preserve or enforce Beneficiary’s interests, then in any such event Grantor shall pay reasonable attorney fees, costs and expenses incurred by Beneficiary and/or its attorney in connection with the above mentioned events or any appeals related to such events, including but not limited to costs incurred in searching records, the cost of title reports and the cost of surveyors’ reports. Such amounts shall be secured by this Deed of Trust and shall bear interest at the Default Rate, as defined in the Note Purchase Agreement, from the date Beneficiary’s written demand for reimbursement to Grantor therefor is forwarded to Grantor; and all such sums and the interest thereon shall be immediately due and payable and be added to and become a part of the Obligations secured hereby in such manner or order as Beneficiary may desire or determine and be secured hereby, having the benefit of the lien hereby created and of its priority.

Expenses and Attorney Fees. If Beneficiary Lender refers any of the Obligations this Note to an attorney for collection or seeks legal advice following a defaultdefault alleged in good faith under this Note; if Beneficiary Lender is the prevailing party in any litigation instituted in connection with any of the Obligationsthis Note; or if Beneficiary Lender or any other person initiates any judicial or nonjudicial action, suit or proceeding in connection with any of the Obligations or the Property (proceeding, including but not limited to proceedings under federal bankruptcy lawa foreclosure sale, eminent domain, under probate proceedings or in connection with any state this Note or federal tax lien)the security therefor, and an attorney is employed by Beneficiary Lender to (a) appear in any such action, suit or proceeding, or (b) reclaim, seek relief from a judicial or statutory stay, sequester, protect, preserve or enforce BeneficiaryLender’s interestsinterest in this Note, then the Mortgage, or any other security for this Note (including but not limited to proceedings at appellate levels, under federal bankruptcy law, in eminent domain, under probate proceedings, or in connection with any state or federal tax lien), or (c) assist Lender in any foreclosure sale, then, in any such event Grantor event, Xxxxxxxx shall pay reasonable attorney fees, attorney’s fees and costs and expenses incurred by Beneficiary Xxxxxx and/or its attorney in connection with the above above-mentioned events or and any appeals related to such events, including but not limited to costs incurred in searching records, the cost of title reports reports, the cost of appraisals, and the cost of surveyors’ reports. Such amounts shall If not paid within ten days after such fees, costs and expenses become due and written demand for payment is made upon Borrower, such amount may, at Lender’s option, be secured by this Deed added to the principal of Trust the Note and shall bear interest at the Default Rate, as defined in the Note Purchase Agreement, from the date Beneficiary’s written demand for reimbursement to Grantor therefor is forwarded to Grantor; and all such sums and the interest thereon shall be immediately due and payable and be added to and become a part of the Obligations secured hereby in such manner or order as Beneficiary may desire or determine and be secured hereby, having the benefit of the lien hereby created and of its priority.

Expenses and Attorney Fees. If Beneficiary if Lender refers any of the Obligations this Note to an attorney for collection or seeks legal advice following a defaultdefault alleged in good faith under this Note; if Beneficiary Lender is the prevailing party in any litigation instituted in connection with any of the Obligationsthis Note; or if Beneficiary Lender or any other person initiates any judicial or nonjudicial action, suit or proceeding in connection with any of the Obligations or the Property (proceeding, including but not limited to proceedings under federal bankruptcy lawa foreclosure sale, eminent domain, under probate proceedings or in connection with any state this Note or federal tax lien)the security therefor, and an attorney is employed by Beneficiary Lender to (a) appear in any such action, suit or proceeding, or (b) reclaim, seek relief from a judicial or statutory stay, sequester, protect, preserve or enforce BeneficiaryLender’s interestsinterest in this Note, then the Mortgage, or any other security for this Note (including but not limited to proceedings at appellate levels, under federal bankruptcy law, in eminent domain, under probate proceedings, or in connection with any state or federal tax lien), or (c) assist Lender in any foreclosure sale, then, in any such event Grantor event, Xxxxxxxx shall pay reasonable attorney fees, attorney’s fees and costs and expenses incurred by Beneficiary Xxxxxx and/or its attorney in connection with the above above-mentioned events or and any appeals related to such events, including but not limited to costs incurred in searching records, the cost of title reports reports, the cost of appraisals, and the cost of surveyors’ reports. Such amounts shall if not paid within ten days after such fees, costs and expenses become due and written demand for payment is made upon Borrower, such amount may, at Lender’s option, be secured by this Deed added to the principal of Trust the Note and shall bear interest at the Default Rate, as defined in the Note Purchase Agreement, from the date Beneficiary’s written demand for reimbursement to Grantor therefor is forwarded to Grantor; and all such sums and the interest thereon shall be immediately due and payable and be added to and become a part of the Obligations secured hereby in such manner or order as Beneficiary may desire or determine and be secured hereby, having the benefit of the lien hereby created and of its priority.

Expenses and Attorney Fees. If Beneficiary Lender refers any of the Obligations this Note to an attorney for collection or seeks legal advice following a defaultdefault alleged in good faith under this Note; if Beneficiary Lender is the prevailing party in any litigation instituted in connection with any of the Obligationsthis Note; or if Beneficiary Lender or any other person initiates any judicial or nonjudicial action, suit or proceeding in connection with any of the Obligations or the Property (proceeding, including but not limited to proceedings under federal bankruptcy lawa foreclosure sale, eminent domain, under probate proceedings or in connection with any state this Note or federal tax lien)the security therefor, and an attorney is employed by Beneficiary Lender to (a) appear in any such action, suit or proceeding, or (b) reclaim, seek relief from a judicial or statutory stay, sequester, protect, preserve or enforce BeneficiaryLender’s interestsinterest in this Note, then the Deed of Trust, or any other security for this Note (including but not limited to proceedings at appellate levels, under federal bankruptcy law, in eminent domain, under probate proceedings, or in connection with any state or federal tax lien), or (c) assist Lender in any foreclosure sale, then, in any such event Grantor event, Xxxxxxxx shall pay reasonable attorney fees, attorney’s fees and costs and expenses incurred by Beneficiary Xxxxxx and/or its attorney in connection with the above above-mentioned events or and any appeals or discretionary reviews related to such events, including but not limited to costs incurred in searching records, the cost of title reports reports, the cost of appraisals, and the cost of surveyors’ reports. Such amounts shall If not paid within ten days after such fees, costs and expenses become due and written demand for payment is made upon Borrower, such amount may, at Lender’s option, be secured by added to the principal of this Deed of Trust Note and shall bear interest at the Default Rate, as defined in the Note Purchase Agreement, from the date Beneficiary’s written demand for reimbursement to Grantor therefor is forwarded to Grantor; and all such sums and the interest thereon shall be immediately due and payable and be added to and become a part of the Obligations secured hereby in such manner or order as Beneficiary may desire or determine and be secured hereby, having the benefit of the lien hereby created and of its priority.

Expenses and Attorney Fees. If Beneficiary Mortgagee refers any of the Obligations Note to an attorney for collection or seeks legal advice following a defaultdefault alleged in good faith under the Note; if Beneficiary Mortgagee is the prevailing party in any litigation instituted in connection with any of the ObligationsNote; or if Beneficiary Mortgagee or any other person initiates any judicial or nonjudicial action, suit or proceeding in connection with any of the Obligations Note, the indebtedness evidenced thereby or the Property security therefor (including including, but not limited to, an action to proceedings under federal bankruptcy law, eminent domain, under probate proceedings or in connection with any state or federal tax lienrecover possession of the Property after foreclosure), and an attorney is employed by Beneficiary Mortgagee to (a) appear in any such action, suit or proceeding, or (b) reclaim, seek relief from a judicial or statutory stay, sequester, protect, preserve or enforce BeneficiaryMortgagee’s interestsinterest in the Note, then the Mortgage or any other security for the Note (including but not limited to proceedings under federal bankruptcy law, in eminent domain, under probate proceedings, appellate reviews, or in connection with any state or federal tax lien), then, in any such event Grantor event, to the extent allowed by law, Mortgagor shall pay reasonable attorney fees, fees and costs and expenses incurred by Beneficiary Mortgagee and/or its attorney in connection with the above above-mentioned events or and any appeals related to such events, including but not limited to costs incurred in searching records, the cost of title reports, the cost of appraisals, the cost of surveyors’ reports and the cost of surveyors’ reportsenvironmental surveys. Such amounts Mortgagor acknowledges and agrees that such fees and expenses shall be secured by this Deed deemed to be advances to protect Mortgagee’s interest in the Property, and may be charged and collected from Mortgagor in connection with a reinstatement following a default hereunder. If not paid within ten (10) days after such fees, costs and expenses become due and written demand for payment is made upon Mortgagor, such amount may, at Mortgagee’s option, be added to the Principal Balance of Trust the Note (“Principal Balance”) and shall bear interest at the Default Rate, as defined in the Note Purchase Agreement, from the date Beneficiary’s written demand for reimbursement to Grantor therefor is forwarded to Grantor; and all such sums and the interest thereon shall be immediately due and payable and be added to and become a part of the Obligations secured hereby in such manner or order as Beneficiary may desire or determine and be secured hereby, having the benefit of the lien hereby created and of its priority.

Expenses and Attorney Fees. If Beneficiary refers any of the Obligations to an attorney for collection or seeks legal advice following a default; if Beneficiary is the prevailing party in any litigation instituted in connection with any of the Obligations; or if Beneficiary or any other person initiates any judicial or nonjudicial action, suit or proceeding in connection with any of the Obligations or the Property (including but not limited to proceedings under federal bankruptcy law, eminent domain, under probate proceedings or in connection with any state or federal tax lien), and an attorney is employed by Beneficiary to (a) appear in any such action, suit or proceeding, or (b) reclaim, seek relief from a judicial or statutory stay, sequester, protect, preserve or enforce Beneficiary’s interests, then in any such event Grantor shall pay reasonable attorney fees, costs and and. expenses incurred by Beneficiary and/or its attorney in connection with the above mentioned events or any appeals related to such events, including but not limited to costs incurred in searching records, the cost of title reports and the cost of surveyors’ reports. Such amounts shall be secured by this Deed of Trust and shall bear interest at the Default Rate, as defined in the Note Purchase Agreement, rate of 12.65 percent per annum from the date Beneficiary’s written demand for reimbursement to Grantor therefor is forwarded to Grantor; and all such sums and the interest thereon shall be immediately due and payable and be added to and become a part of the Obligations secured hereby in such manner or order as Beneficiary may desire or determine and be secured hereby, having the benefit of the lien hereby created and of its priority.

Expenses and Attorney Fees. If Beneficiary Lender refers any of the Obligations this Note to an attorney for collection or seeks legal advice following a defaultdefault alleged in good faith under this Note; if Beneficiary Lender is the prevailing party in any litigation instituted in connection with any of the Obligationsthis Note; or if Beneficiary Lender or any other person initiates any judicial or nonjudicial action, suit or proceeding in connection with any of the Obligations or the Property (proceeding, including but not limited to proceedings under federal bankruptcy lawa foreclosure sale, eminent domain, under probate proceedings or in connection with any state this Note or federal tax lien)the security therefor, and an attorney is employed by Beneficiary Lender to (a) appear in any such action, suit or proceeding, or (b) reclaim, seek relief from a judicial or statutory stay, sequester, protect, preserve or enforce BeneficiaryLender’s interestsinterest in this Note, then the Deed of Trust, or any other security for this Note (including but not limited to proceedings at appellate levels, under federal bankruptcy law, in eminent domain, under probate proceedings, or in connection with any state or federal tax lien), or (c) assist Lender in any foreclosure sale, then, in any such event Grantor event, Borrower shall pay reasonable attorney fees, attorney’s fees and costs and expenses incurred by Beneficiary Xxxxxx and/or its attorney in connection with the above above-mentioned events or and any appeals or discretionary reviews related to such events, including but not limited to costs incurred in searching records, the cost of title reports reports, the cost of appraisals, and the cost of surveyors’ reports. Such amounts shall If not paid within ten days after such fees, costs and expenses become due and written demand for payment is made upon Borrower, such amount may, at Lender’s option, be secured by added to the principal of this Deed of Trust Note and shall bear interest at the Default Rate, as defined in the Note Purchase Agreement, from the date Beneficiary’s written demand for reimbursement to Grantor therefor is forwarded to Grantor; and all such sums and the interest thereon shall be immediately due and payable and be added to and become a part of the Obligations secured hereby in such manner or order as Beneficiary may desire or determine and be secured hereby, having the benefit of the lien hereby created and of its priority.