Common use of Expenses and Attorney Fees Clause in Contracts

Expenses and Attorney Fees. if Lender refers this Note to an attorney for collection or seeks legal advice following a default alleged in good faith under this Note; if Lender is the prevailing party in any litigation instituted in connection with this Note; or if Lender or any other person initiates any judicial or nonjudicial action, suit or proceeding, including but not limited to a foreclosure sale, in connection with this Note or the security therefor, and an attorney is employed by Lender to (a) appear in any such action, suit or proceeding, (b) reclaim, seek relief from a judicial or statutory stay, sequester, protect, preserve or enforce Lender’s interest in this Note, 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, Xxxxxxxx shall pay attorney’s fees and costs and expenses incurred by Xxxxxx and/or its attorney in connection with the above-mentioned events 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, and the cost of surveyors’ reports. 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 added to the principal of the Note and shall bear interest at the Default Rate.

Expenses and Attorney Fees. if If Lender refers this Note to an attorney for collection or seeks legal advice following a default alleged in good faith under this Note; if Lender is the prevailing party in any litigation instituted in connection with this Note; or if Lender or any other person initiates any judicial or nonjudicial action, suit or proceeding, including but not limited to a foreclosure sale, in connection with this Note or the security therefor, and an attorney is employed by Lender to (a) appear in any such action, suit or proceeding, (b) reclaim, seek relief from a judicial or statutory stay, sequester, protect, preserve or enforce Lender’s interest in this Note, the MortgageDeed 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, Xxxxxxxx shall pay attorney’s fees and costs and expenses incurred by Xxxxxx and/or its attorney in connection with the above-mentioned events 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, the cost of appraisals, and the cost of surveyors’ reports. if 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 added to the principal of the this Note and shall bear interest at the Default Rate.

Expenses and Attorney Fees. if Lender If Beneficiary refers this Note any of the Obligations to an attorney for collection or seeks legal advice following a default alleged in good faith under this Notedefault; if Lender Beneficiary is the prevailing party in any litigation instituted in connection with this Noteany of the Obligations; or if Lender Beneficiary or any other person initiates any judicial or nonjudicial action, suit or proceeding, proceeding in connection with any of the Obligations or the Property (including but not limited to a foreclosure saleproceedings under federal bankruptcy law, eminent domain, under probate proceedings or in connection with this Note any state or the security thereforfederal tax lien), and an attorney is employed by Lender 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 LenderBeneficiary’s interest in this Noteinterests, 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, then in any such event, Xxxxxxxx event Grantor shall pay attorney’s fees and reasonable attorney fees, costs and expenses incurred by Xxxxxx Beneficiary and/or its attorney in connection with the above-above mentioned events and or 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, reports and the cost of surveyors’ reports. 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, Such amounts shall be added to the principal secured by this Deed of the Note 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 If Lender refers this Note to an attorney for collection or seeks legal advice following a default alleged in good faith under this Note; if Lender is the prevailing party in any litigation instituted in connection with this Note; or if Lender or any other person initiates any judicial or nonjudicial action, suit or proceeding, including but not limited to a foreclosure sale, in connection with this Note or the security therefor, and an attorney is employed by Lender to (a) appear in any such action, suit or proceeding, (b) reclaim, seek relief from a judicial or statutory stay, sequester, protect, preserve or enforce Lender’s interest in this Note, 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, Xxxxxxxx shall pay attorney’s fees and costs and expenses incurred by Xxxxxx and/or its attorney in connection with the above-mentioned events 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, and the cost of surveyors’ reports. if 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 added to the principal of the Note and shall bear interest at the Default Rate.

Expenses and Attorney Fees. if Lender If Mortgagee refers this the Note to an attorney for collection or seeks legal advice following a default alleged in good faith under this the Note; if Lender Mortgagee is the prevailing party in any litigation instituted in connection with this the Note; or if Lender Mortgagee or any other person initiates any judicial or nonjudicial action, suit or proceedingproceeding in connection with the Note, including the indebtedness evidenced thereby or the security therefor (including, but not limited to, an action to a foreclosure sale, in connection with this Note or recover possession of the security thereforProperty after foreclosure), and an attorney is employed by Lender 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 LenderMortgagee’s interest in this the Note, the Mortgage, Mortgage or any other security for this the Note (including but not limited to proceedings at appellate levels, under federal bankruptcy law, in eminent domain, under probate proceedings, appellate reviews, or in connection with any state or federal tax lien), or (c) assist Lender in any foreclosure sale, then, in any such event, Xxxxxxxx to the extent allowed by law, Mortgagor shall pay attorney’s attorney fees and costs and expenses incurred by Xxxxxx Mortgagee and/or its attorney in connection with the above-mentioned events 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, and the cost of surveyors’ reportsreports and the cost of environmental surveys. if Mortgagor acknowledges and agrees that such fees and expenses shall be 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 BorrowerMortgagor, such amount may, at LenderMortgagee’s option, be added to the principal Principal Balance of the Note (“Principal Balance”) and shall bear interest at the Default Rate.

Expenses and Attorney Fees. if If Lender refers this Note to an attorney for collection or seeks legal advice following a default alleged in good faith under this Note; if Lender is the prevailing party in any litigation instituted in connection with this Note; or if Lender or any other person initiates any judicial or nonjudicial action, suit or proceeding, including but not limited to a foreclosure sale, in connection with this Note or the security therefor, and an attorney is employed by Lender to (a) appear in any such action, suit or proceeding, (b) reclaim, seek relief from a judicial or statutory stay, sequester, protect, preserve or enforce Lender’s interest in this Note, the MortgageDeed 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, Xxxxxxxx Borrower shall pay attorney’s fees and costs and expenses incurred by Xxxxxx and/or its attorney in connection with the above-mentioned events 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, the cost of appraisals, and the cost of surveyors’ reports. if 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 added to the principal of the this Note and shall bear interest at the Default Rate.

Expenses and Attorney Fees. if Lender If Beneficiary refers this Note any of the Obligations to an attorney for collection or seeks legal advice following a default alleged in good faith under this Notedefault; if Lender Beneficiary is the prevailing party in any litigation instituted in connection with this Noteany of the Obligations; or if Lender Beneficiary or any other person initiates any judicial or nonjudicial action, suit or proceeding, proceeding in connection with any of the Obligations or the Property (including but not limited to a foreclosure saleproceedings under federal bankruptcy law, eminent domain, under probate proceedings or in connection with this Note any state or the security thereforfederal tax lien), and an attorney is employed by Lender 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 LenderBeneficiary’s interest in this Noteinterests, 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, then in any such event, Xxxxxxxx event Grantor shall pay attorney’s fees and reasonable attorney fees, costs and and. expenses incurred by Xxxxxx Beneficiary and/or its attorney in connection with the above-above mentioned events and or 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, reports and the cost of surveyors’ reports. 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, Such amounts shall be added to the principal secured by this Deed of the Note Trust and shall bear interest at the Default Raterate 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.