Common use of Foreclosure and Sale Clause in Contracts

Foreclosure and Sale. Institute proceedings for the complete foreclosure of this Deed of Trust, either by judicial action or by power of sale, in which case the Mortgaged Property may be sold for cash or credit in one or more parcels as Beneficiary may determine. With respect to any notices required or permitted under the UCC, Grantor agrees that ten (10) days prior written notice shall be deemed commercially reasonable. At any such sale by virtue of any judicial proceedings, power of sale, or any other legal right, remedy or recourse, the title to and right of possession of any such property shall pass to the purchaser thereof, and to the fullest extent permitted by law, Grantor shall be completely and irrevocably divested of all of its right, title, interest, claim, equity, equity of redemption, and demand whatsoever, either at law or in equity, in and to the property sold and such sale shall be a perpetual bar both at law and in equity against Grantor, and against all other Persons claiming or to claim the property sold or any part thereof, by, through or under Grantor. Beneficiary or any of the Lenders may be a purchaser at such sale. If Beneficiary is the highest bidder, Beneficiary may credit the portion of the purchase price that would be distributed to Beneficiary against the Indebtedness in lieu of paying cash. In the event this Deed of Trust is foreclosed by judicial action, appraisement of the Mortgaged Property is waived.

Appears in 6 contracts

Samples: Credit Agreement (Skilled Healthcare Group, Inc.), Credit Agreement (Skilled Healthcare Group, Inc.), Maxxam Inc

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Foreclosure and Sale. Institute proceedings for the complete foreclosure of this Deed of Trust, either Trust by judicial action or by power of sale, in which case the Mortgaged Property may be sold for cash or credit in one or more parcels as Beneficiary may determine. With respect to any notices required or permitted under the UCC, Grantor agrees that ten (10) days days’ prior written notice shall be deemed commercially reasonable. At any such sale by virtue of any judicial proceedings, power of sale, or any other legal right, remedy or recourse, the title to and right of possession of any such property shall pass to the purchaser thereof, and to the fullest extent permitted by law, Grantor shall be completely and irrevocably divested of all of its right, title, interest, claim, equity, equity of redemption, and demand whatsoever, either at law or in equity, in and to the property sold and such sale shall be a perpetual bar both at law and in equity against Grantor, and against all other Persons claiming or to claim the property sold or any part thereof, by, through or under Grantor. Beneficiary or any of the Lenders other Secured Parties may be a purchaser at such sale. If Beneficiary or such other Secured Party is the highest bidder, Beneficiary or such other Secured Party may credit the portion of the purchase price that would be distributed to Beneficiary or such other Secured Party against the Indebtedness in lieu of paying cash. In the event this Deed of Trust is foreclosed by judicial action, appraisement of the Mortgaged Property is waived.

Appears in 5 contracts

Samples: Security Agreement (Houghton Mifflin Harcourt Co), Security Agreement (Houghton Mifflin Harcourt Co), Credit Agreement (Dean Foods Co)

Foreclosure and Sale. Institute proceedings for the complete judicial or, to the extent permitted by applicable law, non-judicial foreclosure of this Deed of Trust, either by judicial action or by power of saleMortgage, in which case the Mortgaged Property may be sold for cash or credit in one or more parcels as Beneficiary may determineparcels. With respect to any notices required or permitted under the UCC, Grantor Mortgagor agrees that ten (10) days prior written notice shall be deemed commercially reasonable. At any such sale by virtue of any judicial proceedings, power of sale, proceedings or any other legal right, remedy or recourse, the title to and right of possession of any such property shall pass to the purchaser thereof, and to the fullest extent permitted by law, Grantor Mortgagor shall be completely and irrevocably divested of all of its right, title, interest, claim, equity, equity of redemption, claim and demand whatsoever, either at law or in equity, in and to the property sold and such sale shall be a perpetual bar both at law and in equity against GrantorMortgagor, and against all other Persons persons claiming or to claim the property sold or any part thereof, by, through or under GrantorMortgagor. Beneficiary or any of the Lenders Mortgagee may be a purchaser at such sale. If Beneficiary sale and if Mortgagee is the highest bidder, Beneficiary may credit the portion of the purchase price that would be distributed to Beneficiary Mortgagee against the Indebtedness Obligations in lieu of paying cash. In the event this Deed of Trust is foreclosed by judicial action, appraisement of the Mortgaged Property is waived.

Appears in 5 contracts

Samples: Credit Agreement (KAR Auction Services, Inc.), Credit Agreement (Carbuyco, LLC), Security Agreement (IAA Acquisition Corp.)

Foreclosure and Sale. Institute proceedings for the complete foreclosure of this Deed of Trust, either Mortgage by judicial action or by power of saleaction, in which case the Mortgaged Property may be sold for cash or credit in one or more parcels as Beneficiary may determineparcels. With respect to any notices required or permitted under the UCC, Grantor Mortgagor agrees that ten (10) days days’ prior written notice shall be deemed commercially reasonable. At any such sale by virtue of any judicial proceedings, power of sale, proceedings or any other legal right, remedy or recourse, the title to and right of possession of any such property shall pass to the purchaser thereof, and to the fullest extent permitted by law, Grantor Mortgagor shall be completely and irrevocably divested of all of its right, title, interest, claim, equity, equity of redemption, and demand whatsoever, either at law or in equity, in and to the property sold and such sale shall be a perpetual bar both at law and in equity against GrantorMortgagor, and against all other Persons claiming or to claim the property sold or any part thereof, by, through or under GrantorMortgagor. Beneficiary or any of the Lenders Mortgagee may be a purchaser at such sale. If Beneficiary sale and if Mortgagee is the highest bidder, Beneficiary Mortgagee may credit the portion of the purchase price that would be distributed to Beneficiary Mortgagee against the Indebtedness in lieu of paying cash. In the event this Deed of Trust Mortgage is foreclosed by judicial action, appraisement of the Mortgaged Property is waived.

Appears in 4 contracts

Samples: Credit Agreement (Ruths Hospitality Group, Inc.), Security Agreement (FTD Group, Inc.), Security Agreement (United Online Inc)

Foreclosure and Sale. Institute proceedings for the complete foreclosure of this Deed of Trust, either by judicial action or by power of sale, in which case the Mortgaged Property may be sold for cash or credit in one or more parcels as Beneficiary may determine. With respect to any notices required or permitted under the UCC, Grantor agrees that ten five (105) days days' prior written notice shall be deemed commercially reasonable. At any such sale by virtue of any judicial proceedings, power of sale, or any other legal right, remedy or recourse, the title to and right of possession of any such property shall pass to the purchaser thereof, and to the fullest extent permitted by law, Grantor shall be completely and irrevocably divested of all of its right, title, interest, claim, equity, equity of redemption, and demand whatsoever, either at law or in equity, in and to the property sold and such sale shall be a perpetual bar both at law and in equity against Grantor, and against all other Persons claiming or to claim the property sold or any part thereof, by, through or under Grantor. Beneficiary or any of the Lenders may be a purchaser at such sale. If Beneficiary is the highest bidder, Beneficiary may credit the portion of the purchase price that would be distributed paid to Beneficiary against the Indebtedness in lieu of paying cash. In the event this Deed of Trust is foreclosed by judicial action, appraisement of the Mortgaged Property is waived.

Appears in 2 contracts

Samples: Credit Agreement (Integrated Defense Technologies Inc), Credit Agreement (Integrated Defense Technologies Inc)

Foreclosure and Sale. Institute proceedings for the complete foreclosure of this Deed of TrustMortgage, either by judicial action or by power of sale, in which case the Mortgaged Property may be sold for cash or credit in one or more parcels as Beneficiary may determineparcels. With respect to any notices required or permitted under the UCC, Grantor Mortgagor agrees that ten five (105) days days' prior written notice shall will be deemed commercially reasonable. At any such sale by virtue of any judicial proceedings, power of sale, or any other legal right, remedy or recourse, the title to and right of possession of any such property shall will pass to the purchaser thereof, and to the fullest extent permitted by law, Grantor shall Mortgagor will be completely and irrevocably divested of all of its right, title, interest, claim, equity, equity of redemption, and demand whatsoever, either at law or in equity, in and to the property sold and such sale shall will be a perpetual bar both at law and in equity against GrantorMortgagor, and against all other Persons claiming or to claim the property sold or any part thereof, by, through or under GrantorMortgagor. Beneficiary or any of the Lenders Mortgagee may be a purchaser at such sale. If Beneficiary sale and if Mortgagee is the highest bidder, Beneficiary Mortgagee may credit the portion of the purchase price that would be distributed to Beneficiary Mortgagee against the Indebtedness in lieu of paying cash. In the event this Deed of Trust Mortgage is foreclosed by judicial action, appraisement of the Mortgaged Property is waived.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Golf Trust of America Inc), Purchase and Sale Agreement (Golf Trust of America Inc)

Foreclosure and Sale. Institute proceedings for the complete foreclosure of this Deed of TrustMortgage, either by judicial action or by power of sale, in which case the Mortgaged Property may be sold for cash or credit in one or more parcels as Beneficiary may determineparcels. With respect to any notices required or permitted under the UCC, Grantor Mortgagor agrees that ten (10) days days' prior written notice shall be deemed commercially reasonable. At any such sale by virtue of any judicial proceedings, power of sale, or any other legal right, remedy or recourse, the title to and right of possession of any such property shall pass to the purchaser thereof, and to the fullest extent permitted by law, Grantor Mortgagor shall be completely and irrevocably divested of all of its right, title, interest, claim, equity, equity of redemption, and demand whatsoever, either at law or in equity, in and to the property sold and such sale shall be a perpetual bar both at law and in equity against GrantorMortgagor, and against all other Persons claiming or to claim the property sold or any part thereof, thereof by, through or under GrantorMortgagor. Beneficiary Mortgagee or any of the Lenders may be a purchaser at such sale. If Beneficiary sale and if Mortgagee is the highest bidder, Beneficiary Mortgagee may credit the portion of the purchase price that would be distributed to Beneficiary Mortgagee against the Indebtedness in lieu of paying cash. In the event this Deed of Trust Mortgage is foreclosed by judicial action, appraisement of the Mortgaged Property is waivedwaived to the extent permitted by applicable law.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Simmons Bedding Co), Credit and Guaranty Agreement (Simmons Co /Ga/)

Foreclosure and Sale. Institute proceedings for the complete -------------------- foreclosure of this Deed of Trust, either by judicial action or by power of salesale in accordance with the provisions of applicable law, in which case the Mortgaged Trust Property may be sold for cash or credit in one or more parcels as Beneficiary may determineparcels. With respect to any notices required or permitted under the UCC, Grantor agrees that ten (10) days five days' prior written notice shall be deemed commercially reasonable. At any such sale by virtue of any judicial proceedings, power of sale, or any other legal right, remedy or recourse, the title to and right of possession of any such property shall pass to the purchaser thereof, and to the fullest extent permitted by law, Grantor shall be completely and irrevocably divested of all of its right, title, interest, claim, equity, equity of redemption, and demand whatsoever, either at law or in equity, in and to the property sold and such sale shall be a perpetual bar both at law and in equity against Grantor, and against all other Persons claiming or to claim the property sold or any part thereof, by, through or under Grantor. Beneficiary or any of the Lenders may be a purchaser at such sale. If Beneficiary is the highest bidder, Beneficiary may credit the portion of the purchase price that would be distributed to Beneficiary against the Indebtedness in lieu of paying cash. In the event this Deed of Trust is foreclosed by judicial action, appraisement of the Mortgaged Trust Property is waived.

Appears in 2 contracts

Samples: Sandhills Inc, Sandhills Inc

Foreclosure and Sale. Institute Beneficiary may institute proceedings for the complete foreclosure of this Deed of Trust, either Trust by judicial action or by power of saleaction, in which case the Mortgaged Property may be sold for cash or credit in one or more parcels as Beneficiary may determineparcels, subject to the provisions of any applicable Mortgaged Lease. With respect to any notices required or permitted under the UCC, Grantor agrees that ten (10) days days’ prior written notice shall be deemed commercially reasonable. At any such sale by virtue of any judicial proceedings, power of sale, or any other legal right, remedy or recourse, the title to and right of possession of any such property shall pass to the purchaser thereof, and to the fullest extent permitted by law, Grantor shall be completely and irrevocably divested of all of its right, title, interest, claim, equity, equity of redemption, and demand whatsoever, either at law or in equity, in and to the property sold and such sale shall be a perpetual bar both at law and in equity against Grantor, and against all other Persons claiming or to claim the property sold or any part thereof, by, through or under Grantor. Beneficiary or any of the Lenders may be a purchaser at such sale. If Beneficiary is the highest bidder, Beneficiary may credit the portion of the purchase price that would be distributed to Beneficiary against the Indebtedness in lieu of paying cashSecured Debt pursuant to the Collateral Trust Agreement. In the event this Deed of Trust is foreclosed by judicial action, appraisement of the Mortgaged Property is waived.

Appears in 2 contracts

Samples: Security Agreement (Consol Energy Inc), Collateral Trust Agreement (Consol Energy Inc)

Foreclosure and Sale. Institute proceedings for the complete foreclosure of this Deed of Trust, either Trust by judicial action or by power of sale, in which case the Mortgaged Property may be sold for cash or credit in one or more parcels as Beneficiary may determine. With respect to any notices required or permitted under the UCC, Grantor agrees that ten (10) days days' prior written notice shall be deemed commercially reasonable. At any such sale by virtue of any judicial proceedings, power of sale, or any other legal right, remedy or recourse, the title to and right of possession of any such property shall pass to the purchaser thereof, and to the fullest extent permitted by law, Grantor shall be completely and irrevocably divested of all of its right, title, interest, claim, equity, equity of redemption, and demand whatsoever, either at law or in equity, in and to the property sold and such sale shall be a perpetual bar both at law and in equity against Grantor, and against all other Persons claiming or to claim the property sold or any part thereof, by, through or under Grantor. Beneficiary or any of the Lenders other Lender Parties may be a purchaser at such sale. If Beneficiary or such other Lender Party is the highest bidder, Beneficiary or such other Lender Party may credit the portion of the purchase price that would be distributed to Beneficiary or such other Lender Party against the Indebtedness in lieu of paying cash. In the event this Deed of Trust is foreclosed by judicial action, appraisement of the Mortgaged Property is waived.

Appears in 2 contracts

Samples: Credit Agreement (Headwaters Inc), Credit Agreement (Headwaters Inc)

Foreclosure and Sale. Institute proceedings for the complete foreclosure of this Deed of Trust, either Mortgage by judicial action or by power of saleaction, in which case the Mortgaged Property may be sold for cash or credit in one or more parcels as Beneficiary may determineparcels. With respect to any notices required or permitted under the UCC, Grantor Mortgagor agrees that ten (10) days days’ prior written notice shall be deemed commercially reasonable. At any such sale by virtue of any judicial proceedings, power of sale, proceedings or any other legal right, remedy or recourse, the title to and right of possession of any such property shall pass to the purchaser thereof, and to the fullest extent permitted by law, Grantor Mortgagor shall be completely and irrevocably divested of all of its right, title, interest, claim, equity, equity of redemption, and demand whatsoever, either at law or in equity, in and to the property sold and such sale shall be a perpetual bar both at law and in equity against GrantorMortgagor, and against all other Persons claiming or to claim the property sold or any part thereof, by, through or under GrantorMortgagor. Beneficiary or any of the Lenders Mortgagee may be a purchaser at such sale. If Beneficiary sale and, if Mortgagee is the highest bidder, Beneficiary Mortgagee may credit the portion of the purchase price that would be distributed to Beneficiary Mortgagee against the Indebtedness in lieu of paying cash. In the event this Deed of Trust Mortgage is foreclosed by judicial action, appraisement of the Mortgaged Property is waived.

Appears in 1 contract

Samples: Credit Agreement (United Online Inc)

Foreclosure and Sale. Institute (a) If an Event of Default shall occur and be continuing, after the expiration of any notice and cure periods set forth herein or the Mortgage Bond Indenture, the Mortgagee may elect to institute proceedings for the complete foreclosure of this Deed of TrustMortgage, either by judicial action or by power of sale, in which case the Mortgaged Property may be sold for cash or credit in one or more parcels as Beneficiary may determineparcels. With respect to any notices required or permitted under the UCC, Grantor the Mortgagor agrees that ten (10) days days’ prior written notice shall be deemed commercially reasonable. At any such sale by virtue of any judicial proceedings, power of sale, or any other legal right, remedy or recourse, the title to and right of possession of any such property shall pass to the purchaser thereof, and to the fullest extent permitted by law, Grantor the Mortgagor shall be completely and irrevocably divested of all of its right, title, interest, claim, equity, equity of redemption, and demand whatsoever, either at law or in equity, in and to the property sold and such sale shall be a perpetual bar both at law and in equity against Grantorthe Mortgagor, and against all other Persons claiming or to claim the property sold or any part thereof, by, through or under Grantor. Beneficiary or any of the Lenders may be a purchaser at such sale. If Beneficiary is the highest bidder, Beneficiary may credit the portion of the purchase price that would be distributed to Beneficiary against the Indebtedness in lieu of paying cash. In the event this Deed of Trust is foreclosed by judicial action, appraisement of the Mortgaged Property is waivedMortgagor.

Appears in 1 contract

Samples: Mortgage, Security Agreement (Midamerican Energy Co)

Foreclosure and Sale. Institute proceedings for the complete foreclosure of this Deed of Trust, either Mortgage by judicial action or by power of saleaction, in which case the Mortgaged Property may be sold for cash or credit in one or more parcels as Beneficiary may determineparcels. With respect to any notices required or permitted under the UCC, Grantor Mortgagor agrees that ten five (105) days days' prior written notice shall be deemed commercially reasonable. At any such sale by virtue of any judicial proceedings, power of sale, proceedings or any other legal right, remedy or recourse, the title to and right of possession of any such property shall pass to the purchaser thereof, and to the fullest extent permitted by law, Grantor Mortgagor shall be completely and irrevocably divested of all of its right, title, interest, claim, equity, equity of redemption, and demand whatsoever, either at law or in equity, in and to the property sold and such sale shall be a perpetual bar both at law and in equity against GrantorMortgagor, and against all other Persons claiming or to claim the property sold or any part thereof, by, through or under GrantorMortgagor. Beneficiary or any of the Lenders Mortgagee may be a purchaser at such sale. If Beneficiary sale and if Mortgagee is the highest bidder, Beneficiary Mortgagee may credit the portion of the purchase price that would be distributed to Beneficiary Mortgagee against the Indebtedness Financial Obligations in lieu of paying cash. In the event this Deed of Trust Mortgage is foreclosed by judicial action, appraisement of the Mortgaged Property is waived.

Appears in 1 contract

Samples: Secondary Collateral Pledge Agreement (Golf Trust of America Inc)

Foreclosure and Sale. Institute proceedings for the complete foreclosure of this Deed of Trust, either by judicial action or by power of sale, in which case the Mortgaged Property may be sold for cash or credit in one or more parcels as Beneficiary may determine. With respect to any notices required or permitted under the UCC, Grantor agrees that ten five (105) days days' prior written notice shall be deemed commercially reasonable. At any such sale by virtue of any judicial proceedings, power of sale, or any other legal right, remedy or recourse, the title to and right of possession of any such property shall pass to the purchaser thereof, and to the fullest extent permitted by law, Grantor shall be completely and irrevocably divested of all of its right, title, interest, claim, equity, equity of redemption, and demand whatsoever, either at law or in equity, in and to the property sold and such sale shall be a perpetual bar both at law and in equity against Grantor, and against all other Persons claiming or to claim the property sold or any part thereof, by, through or under Grantor. Beneficiary or any of the Lenders may be a purchaser at such sale. If Beneficiary is the highest bidder, Beneficiary may credit the portion of the purchase price that would be distributed to Beneficiary against the Indebtedness in lieu of paying cash. In the event this Deed of Trust is foreclosed by judicial action, appraisement of the Mortgaged Property is waived.

Appears in 1 contract

Samples: Security Agreement (Ackerley Group Inc)

Foreclosure and Sale. Institute proceedings for the complete -------------------- foreclosure of this Deed of TrustMortgage, either by judicial action or by power of saleaction, in which case the Mortgaged Property may be sold for cash or credit in one or more parcels as Beneficiary may determineparcels. With respect to any notices required or permitted under the UCC, Grantor Mortgagor agrees that ten (10) days five days' prior written notice shall be deemed commercially reasonable. At any such sale by virtue of any judicial proceedings, power of sale, or any other legal right, remedy or recourse, the title to and right of possession of any such property shall pass to the purchaser thereof, and to the fullest extent permitted by law, Grantor Mortgagor shall be completely and irrevocably divested of all of its right, title, interest, claim, equity, equity of redemption, and demand whatsoever, either at law or in equity, in and to the property sold and such sale shall be a perpetual bar both at law and in equity against GrantorMortgagor, and against all other Persons claiming or to claim the property sold or any part thereof, by, through or under GrantorMortgagor. Beneficiary Mortgagee or any of the Lenders may be a purchaser at such sale. If Beneficiary Mortgagee is the highest bidder, Beneficiary Mortgagee may credit the portion of the purchase price that would be distributed to Beneficiary Mortgagee against the Indebtedness in lieu of paying cash. In the event this Deed of Trust Mortgage is foreclosed by judicial action, appraisement of the Mortgaged Property is waived.

Appears in 1 contract

Samples: Sandhills Inc

Foreclosure and Sale. Institute proceedings for the complete foreclosure of this Deed of Trust, either by judicial action or by power of saleMortgage, in which case the Mortgaged Property may be sold sold, subject to applicable law, for cash or credit in one or more parcels as Beneficiary may determineparcels. With respect to any notices required or permitted under the UCC, Grantor Mortgagor agrees that ten (10) days days’ prior written notice shall be deemed commercially reasonable. At any such sale by virtue of any judicial proceedings, power of sale, proceedings or any other legal right, remedy or recourse, the title to and right of possession of any such property shall pass to the purchaser thereof, and to the fullest extent permitted by law, Grantor Mortgagor shall be completely and irrevocably irrevocable divested of all of its right, title, interest, claim, equity, equity of redemption, and demand whatsoever, either at law or in equity, in and to the property sold and such sale shall be a perpetual bar both at law and in equity against GrantorMortgagor, and against all other Persons claiming or to claim the property sold or any part thereof, by, through or under GrantorMortgagor, subject to all applicable statutory rights of redemption under applicable law. Beneficiary or any of the Lenders Mortgagee may be a purchaser at such sale. If Beneficiary sale and if Mortgagee is the highest bidder, Beneficiary Mortgagee may credit the portion of the purchase price that would be distributed to Beneficiary Mortgagee against the Indebtedness Secured Obligations in lieu of paying cash. In the event this Deed of Trust Mortgage is foreclosed by judicial action, appraisement of the Mortgaged Property is waived.

Appears in 1 contract

Samples: Credit Agreement (Stonemor Partners Lp)

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Foreclosure and Sale. Institute proceedings for the complete foreclosure of this Deed of TrustMortgage, either by judicial action or by power of sale, in which case the Mortgaged Property may be sold for cash or credit in one or more parcels as Beneficiary may determineparcels. With respect to any notices required or permitted under the UCC, Grantor Mortgagor agrees that ten five (105) days days' prior written notice shall be deemed commercially reasonable. At any such sale by virtue of any judicial proceedings, power of sale, or any other legal right, remedy or recourse, the title to and right of possession of any such property shall pass to the purchaser thereof, and to the fullest extent permitted by law, Grantor Mortgagor shall be completely and irrevocably divested of all of its right, title, interest, claim, equity, equity of redemption, and demand whatsoever, either at law or in equity, in and to the property sold and such sale shall be a perpetual bar both at law and in equity against GrantorMortgagor, and against all other Persons claiming or to claim the property sold or any part thereof, by, through or under GrantorMortgagor. Beneficiary Mortgagee or any of the Lenders may be a purchaser at such sale. If Beneficiary sale and if Mortgagee is the highest bidder, Beneficiary Mortgagee may credit the portion of the purchase price that would be distributed to Beneficiary Mortgagee against the Indebtedness in lieu of paying cash. In the event this Deed of Trust Mortgage is foreclosed by judicial action, appraisement of the Mortgaged Property is waivedwaived to the extent permitted by applicable law.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Simmons Co /Ga/)

Foreclosure and Sale. Institute proceedings for the complete foreclosure of this Deed of Trust, either by judicial action or by power of saleMortgage, in which case the Mortgaged Property may be sold sold, subject to applicable law, for cash or credit in one or more parcels as Beneficiary may determineparcels. With respect to any notices required or permitted under the UCC, Grantor Mortgagor agrees that ten (10) days days' prior written notice shall be deemed commercially reasonable. At any such sale by virtue of any judicial proceedings, power of sale, proceedings or any other legal right, remedy or recourse, the title to and right of possession of any such property shall pass to the purchaser thereof, and to the fullest extent permitted by law, Grantor Mortgagor shall be completely and irrevocably irrevocable divested of all of its right, title, interest, claim, equity, equity of redemption, and demand whatsoever, either at law or in equity, in and to the property sold and such sale shall be a perpetual bar both at law and in equity against GrantorMortgagor, and against all other Persons claiming or to claim the property sold or any part thereof, by, through or under GrantorMortgagor, subject to all applicable statutory rights of redemption under applicable law. Beneficiary or any of the Lenders Mortgagee may be a purchaser at such sale. If Beneficiary sale and if Mortgagee is the highest bidder, Beneficiary Mortgagee may credit the portion of the purchase price that would be distributed to Beneficiary Mortgagee against the Indebtedness Secured Obligations in lieu of paying cash. In the event this Deed of Trust Mortgage is foreclosed by judicial action, appraisement of the Mortgaged Property is waived.

Appears in 1 contract

Samples: Credit Agreement (Stonemor Partners Lp)

Foreclosure and Sale. Institute proceedings for the complete judicial or, to the extent permitted by applicable law, nonjudicial foreclosure of this Deed of Trust, either by judicial action or by power of saleMortgage, in which case the Mortgaged Property may be sold for cash or credit in one or more parcels as Beneficiary may determineparcels. With respect to any notices required or permitted under the UCC, Grantor Mortgagor agrees that ten (10) days prior written notice shall be deemed commercially reasonable. At any such sale by virtue of any judicial proceedings, power of sale, sale or any other legal right, remedy or recourse, the title to and right of possession of any such property shall pass to the purchaser thereof, and to the fullest extent permitted by law, Grantor Mortgagor shall be completely and irrevocably divested of all of its right, title, interest, claim, equity, equity of redemption, redemption and demand whatsoever, either at law or in equity, in and to the property sold and such sale shall be a perpetual bar both at law and in equity against GrantorMortgagor, and against all other Persons persons claiming or to claim the property sold or any part thereof, by, through or under GrantorMortgagor. Beneficiary Mortgagee or any of the other Lenders may be a purchaser at such sale. If Beneficiary sale and if Mortgagee or such Lender is the highest bidder, Beneficiary may credit the portion of the purchase price that would be distributed to Beneficiary Mortgagee or such other Lender against the Indebtedness Secured Obligations in lieu of paying cash. In the event this Deed of Trust is foreclosed by judicial action, appraisement of the Mortgaged Property is waived.

Appears in 1 contract

Samples: Mortgage, Security Agreement (Green Plains Inc.)

Foreclosure and Sale. Institute proceedings for the complete foreclosure of this Deed of Trust, either Trust by judicial action or by power of sale, in which case the Mortgaged Property may be sold for cash or credit in one or more parcels parcels[, subject to the terms of the Subject Lease and applicable law] as Beneficiary may determine. With respect to any notices required or permitted under the UCC, Grantor agrees that ten (10) days days’ prior written notice shall be deemed commercially reasonable. At any such sale by virtue of any judicial proceedings, power of sale, or any other legal right, remedy or recourse, the title to and right of possession of any such property shall pass to the purchaser thereof, and to the fullest extent permitted by law, Grantor shall be completely and irrevocably divested of all of its right, title, interest, claim, equity, equity of redemption, and demand whatsoever, either at law or in equity, in and to the property sold and such sale shall be a perpetual bar both at law and in equity against Grantor, and against all other Persons claiming or to claim the property sold or any part thereof, by, through or under Grantor. Beneficiary or any of the Lenders other Secured Parties may be a purchaser at such sale. If Beneficiary or such other Secured Party is the highest bidder, Beneficiary or such other Secured Party may credit the portion of the purchase price that would be distributed to Beneficiary or such other Secured Party against the Indebtedness in lieu of paying cash. In the event this Deed of Trust is foreclosed by judicial action, appraisement of the Mortgaged Property is waived.

Appears in 1 contract

Samples: Assignment and Assumption (Aventine Renewable Energy Holdings Inc)

Foreclosure and Sale. Institute proceedings for the complete foreclosure of this Deed of Trust, either Trust by judicial action or by power of sale, in which case the Mortgaged Property may be sold for cash or credit in one or more parcels as Beneficiary may determine. With respect to any notices required or permitted under the UCC, Grantor agrees that ten (10) days days' prior written notice shall be deemed commercially reasonable. At any such sale by virtue of any judicial proceedings, power of sale, or any other legal right, remedy or recourse, the title to and right of possession of any such property shall pass to the purchaser thereof, and to the fullest extent permitted by law, Grantor shall be completely and irrevocably divested of all of its right, title, interest, claim, equity, equity of redemption, and demand whatsoever, either at law or in equity, in and to the property sold and such sale shall be a perpetual bar both at law and in equity against Grantor, and against all other Persons claiming or to claim the property sold or any part thereof, by, through or under Grantor. Beneficiary or any of the Lenders may be a purchaser at such sale. If sale and if Beneficiary is the highest bidder, Beneficiary may credit the portion of the purchase price that would be distributed to Beneficiary against the Indebtedness in lieu of paying cash. In the event this Deed of Trust is foreclosed by judicial action, appraisement of the Mortgaged Property is waived.

Appears in 1 contract

Samples: Contribution and Loan Agreement (Delphi Properties Inc)

Foreclosure and Sale. Institute proceedings for the complete judicial or, to the extent permitted by applicable law, nonjudicial foreclosure of this Deed of Trust, either by judicial action or by power of saleMortgage, in which case the Mortgaged Property may be sold for cash or credit in one or more parcels as Beneficiary may determineparcels. With respect to any notices required or permitted under the UCC, Grantor Mortgagor agrees that ten (10) days prior written notice shall be deemed commercially reasonable. At any such sale by virtue of any judicial proceedings, power of sale, sale or any other legal right, remedy or recourse, the title to and right of possession of any such property shall pass to the purchaser thereof, and to the fullest extent permitted by law, Grantor Mortgagor shall be completely and irrevocably divested of all of its right, title, interest, claim, equity, equity of redemption, redemption and demand whatsoever, either at law or in equity, in and to the property sold and such sale shall be a perpetual bar both at law and in equity against GrantorMortgagor, and against all other Persons persons claiming or to claim the property sold or any part thereof, by, through or under GrantorMortgagor. Beneficiary Mortgagee or any of the other Lenders may be a purchaser at such sale. If Beneficiary sale and if Mortgagee or such Lender is the highest bidder, Beneficiary may credit the portion of the purchase price that would be distributed to Beneficiary Mortgagee or such other Lender against the Indebtedness Secured Obligations in lieu of paying cash. In the event this Deed of Trust is foreclosed by judicial action, appraisement of the Mortgaged Property is waived.

Appears in 1 contract

Samples: Mortgage, Security Agreement (Green Plains Inc.)

Foreclosure and Sale. Institute proceedings for the complete foreclosure of this Deed of TrustMortgage, either by judicial action or by power of sale, in which case the Mortgaged Property may be sold for cash or credit in one or more parcels as Beneficiary may determineparcels. With respect to any notices required or permitted under the UCC, Grantor Mortgagor agrees that ten (10) days prior written notice shall be deemed commercially reasonable. At any such sale by virtue of any judicial proceedings, power of sale, or any other legal right, remedy or recourse, the title to and right of possession of any such property shall pass to the purchaser thereof, and to the fullest extent permitted by law, Grantor Mortgagor shall be completely and irrevocably divested of all of its right, title, interest, claim, equity, equity of redemption, and demand whatsoever, either at law or in equity, in and to the property sold and such sale shall be a perpetual bar both at law and in equity against GrantorMortgagor, and against all other Persons claiming or to claim the property sold or any part thereof, by, through or under GrantorMortgagor. Beneficiary Mortgagee or any of the Lenders may be a purchaser at Exh. XIV-10 such sale. If Beneficiary Mortgagee is the highest bidder, Beneficiary Mortgagee may credit the portion of the purchase price that would be distributed to Beneficiary Mortgagee against the Indebtedness in lieu of paying cash. In the event this Deed of Trust Mortgage is foreclosed by judicial action, appraisement of the Mortgaged Property is waived.

Appears in 1 contract

Samples: Credit Agreement (Sybron Dental Specialties Inc)

Foreclosure and Sale. Institute proceedings for the complete foreclosure of this Deed of TrustMortgage, either by judicial action or by power of sale, in which case the Mortgaged Property may be sold for cash or credit in one or more parcels as Beneficiary may determineparcels. With respect to any notices required or permitted under the UCC, Grantor Mortgagor agrees that ten (10) days days' prior written notice shall be deemed commercially reasonable. At any such sale by virtue of any judicial proceedings, power of sale, or any other legal right, remedy or recourse, the title to and right of possession of any such property shall pass to the purchaser thereof, and to the fullest extent permitted by law, Grantor Mortgagor shall be completely and irrevocably divested of all of its right, title, interest, claim, equity, equity of redemption, and demand whatsoever, either at law or in equity, in and to the property sold and such sale shall be a perpetual bar both at law and in equity against GrantorMortgagor, and against all other Persons claiming or to claim the property sold or any part thereof, by, through or under GrantorMortgagor. Beneficiary Mortgagee or any of the Lenders may be a purchaser at such sale. If Beneficiary sale and if Mortgagee is the highest bidder, Beneficiary Mortgagee may credit the portion of the purchase price that would be distributed to Beneficiary Mortgagee against the Indebtedness in lieu of paying cash. In the event this Deed of Trust Mortgage is foreclosed by judicial action, appraisement of the Mortgaged Property is waived.

Appears in 1 contract

Samples: Credit Agreement (DMW Worldwide Inc)

Foreclosure and Sale. Institute proceedings for the complete foreclosure of this Deed of Trust, either by judicial action or by power of sale, in which case the Mortgaged Property may be sold for cash or credit in one or more parcels as Beneficiary may determine. With respect to any notices required or permitted under the UCC, Grantor agrees that ten fifteen (1015) days days' prior written notice shall be deemed commercially reasonable. At any such sale by virtue of any judicial proceedings, power of sale, or any other legal right, remedy or recourse, the title to and right of possession of any such property shall pass to the purchaser thereof, and to the fullest extent permitted by law, Grantor shall be completely and irrevocably divested of all of its right, title, interest, claim, equity, equity of redemption, and demand whatsoever, either at law or in equity, in and to the property sold and such sale shall be a perpetual bar both at law and in equity against Grantor, and against all other Persons claiming or to claim the property sold or any part thereof, by, through or under Grantor. Beneficiary or any of the Lenders may be a purchaser at such sale. If Beneficiary is the highest bidder, Beneficiary may credit the portion of the purchase price that would be distributed to Beneficiary against the Indebtedness Secured Obligations in lieu of paying cash. In the event this Deed of Trust is foreclosed by judicial action, appraisement of the Mortgaged Property is waived.

Appears in 1 contract

Samples: Security Agreement (Arterial Vascular Engineering Inc)

Foreclosure and Sale. Institute proceedings for the complete foreclosure of this Deed of Trust, either Trust by judicial action or by power of sale, in which case the Mortgaged Property may be sold for cash or credit in one or more parcels as Beneficiary may determine, subject to the provisions of any applicable Mortgaged Lease. With respect to any notices required or permitted under the UCC, Grantor agrees that ten (10) days days’ prior written notice shall be deemed commercially reasonable. At any such sale by virtue of any judicial proceedings, power of sale, or any other legal right, remedy or recourse, the title to and right of possession of any such property shall pass to the purchaser thereof, and to the fullest extent permitted by law, Grantor shall be completely and irrevocably divested of all of its right, title, interest, claim, equity, equity of redemption, and demand whatsoever, either at law or in equity, in and to the property sold and such sale shall be a perpetual bar both at law and in equity against Grantor, and against all other Persons claiming or to claim the property sold or any part thereof, by, through or under Grantor. Beneficiary or any of the Lenders other Secured Parties may be a purchaser at such sale. If Beneficiary or such other Secured Party is the highest bidder, Beneficiary or such other Secured Party may credit the portion of the purchase price that would be distributed to Beneficiary or such other Secured Party against the Indebtedness in lieu of paying cash. In the event this Deed of Trust is foreclosed by judicial action, appraisement of the Mortgaged Property is waived.

Appears in 1 contract

Samples: Security Agreement (Consol Energy Inc)

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