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: Amendment and Restatement and Additional Term Loan Assumption Agreement (Skilled Healthcare Group, Inc.), Amendment and Restatement Agreement (Skilled Healthcare Group, Inc.), Deed of Trust (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: Term Loan Credit Agreement (Houghton Mifflin Harcourt Co), Revolving Credit 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: Amendment and Restatement Agreement (KAR Auction Services, Inc.), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing for Commercial Purposes (IAA Acquisition Corp.), Credit Agreement (Auto Disposal of Memphis, 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 4 contracts

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

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: Deed of Trust, Security Agreement, Assignment of Rents and Leases (Sandhills Inc), Deed of Trust, Security Agreement, Assignment of Rents and Leases (Sandhills 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 (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 Co /Ga/), Credit and Guaranty Agreement (Simmons Bedding Co)

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: Revolving Credit Facility (Consol Energy Inc), Credit Agreement (Consol Energy 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 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 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 2 contracts

Samples: Credit Agreement (Isle of Capri Casinos Inc), Credit Agreement (Isle of Capri Casinos 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: Second Lien Credit Agreement (Headwaters Inc), Credit Agreement (Headwaters 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 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: Loan Agreement (Consol Energy 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, Assignment of Leases and Rents and Financing Statement (Green Plains Inc.)

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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 (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 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: Credit Agreement (Ackerley Group 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 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: Lease (Golf Trust of America 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, Assignment of Leases and Rents and Fixture Filing (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 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 -------------------- 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: Mortgage, Security Agreement, Assignment of Rents and Leases (Sandhills 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 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: Credit Agreement (Arterial Vascular Engineering Inc)

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