Common use of Foreclosure; Expense of Litigation Clause in Contracts

Foreclosure; Expense of Litigation. In the event of foreclosure of the lien, there shall be allowed and included as additional Secured Obligations, all expenditures and expenses which may be paid or incurred by or on behalf of Mortgagee for reasonable attorneys’ fees (including, expressly, costs of services of paralegals), appraiser’s fees, outlays for documentary and expert evidence, stenographers’ charges, publication costs, and costs (which may be estimated as to items to be expended after foreclosure sale or entry of the decree) of procuring all such abstracts of title, title searches and examinations, title insurance policies, and similar data and assurances with respect to title as Mortgagee may deem reasonably advisable either to prosecute such suit or to evidence to a bidder at any sale which may be had the true condition of the title to or the value of the Property. All such expenditures and expenses and such expenses and fees as may be incurred in the protection of said premises and the maintenance of the lien of this Mortgage, including the reasonable fees of any attorney employed by Mortgagee in any litigation or proceeding affecting this Mortgage, the Transaction Documents or the Property, including probate and bankruptcy proceedings, or in the preparations for the commencement or defense of any proceeding or threatened suit or proceeding, shall be immediately due and payable by Mortgagor, with interest at the Funding Rate specified in the Facility Agreement, and shall be secured by this Mortgage.

Foreclosure; Expense of Litigation. When the indebtedness hereby secured, or any part thereof, shall become due, whether by acceleration or otherwise, Mortgagee shall have the right to foreclose the lien of this Mortgage for such indebtedness or part thereof. In any civil action to foreclose the event lien of foreclosure of the lienthis Mortgage, there shall be allowed and included as additional Secured Obligations, indebtedness in the order or judgment for sale all expenditures and expenses which may be paid or incurred by or on behalf of Mortgagee for reasonable attorneys’ fees (including, expressly, costs of services of paralegals)' fees, appraiser’s 's fees, outlays for documentary and expert evidence, stenographers’ ' charges, publication costs, and costs (which may be estimated as to items to be expended after foreclosure sale or entry of the decreeorder or judgment) of procuring all such abstracts of title, title searches and examinations, title insurance policies, Torrens certificates, and similar data and assurances with respect to title as Mortgagee may deem reasonably advisable necessary either to prosecute such suit civil actions or to evidence to a bidder bidders at any sale which may be had pursuant to such order or judgment the true condition of the title to or the value of the PropertyPremises. All such expenditures and expenses of the nature mentioned in this Section, and such expenses and fees as may be incurred in the protection of said premises the Premises and the maintenance of the lien of this Mortgage, including the reasonable fees of any attorney employed by Mortgagee in any litigation or proceeding affecting this Mortgage, the Transaction Documents Note or the PropertyPremises, including probate probate, bankruptcy and bankruptcy appellate proceedings, or in the preparations for the commencement or defense of any proceeding or threatened suit civil actions or proceeding, proceeding shall be immediately due and payable by Mortgagor, with interest thereon at the Funding Rate specified in rate of interest applicable under the Facility Note upon the occurrence of an Event of Default under the Loan Agreement, and shall be secured by this Mortgage.

Foreclosure; Expense of Litigation. When the Indebtedness hereby secured, or any part thereof shall become due, whether by acceleration or otherwise, Mortgagee shall have the right to foreclose the lien hereof for such Indebtedness or part thereof. In any suit to foreclose the event of foreclosure of the lienlien hereof, there shall be allowed and included as additional Secured Obligations, Indebtedness in the decree for sale all expenditures and expenses which may be paid or incurred by or on behalf of Mortgagee and/or Lenders for reasonable attorneys’ fees (including, expressly, costs of services of paralegals)fees, appraiser’s fees, actual costs of environmental reviews or audits, outlays for documentary and expert evidence, stenographers’ charges, publication costs, and costs (which may be estimated as to items to be expended after foreclosure sale or entry of the decree) of procuring all such abstracts of title, title searches and examinations, title insurance policies, and similar data and assurances with respect to the title as Mortgagee may deem reasonably advisable necessary either to prosecute such suit action or to evidence to a bidder bidders at any sale which may be had pursuant to such decree the true condition of the title to or the value of the PropertyPremises. All such expenditures and expenses of the nature in this Paragraph mentioned and such expenses and fees as may be incurred in the protection of said premises the Premises and the maintenance of the lien of this Mortgage, including the reasonable fees of any attorney attorneys employed by Mortgagee and/or Lenders in any [MORTGAGE, ASSIGNMENT OF LEASES, SECURITY AGREEMENT AND FIXTURE FILING] ING No. 28193 GECC No. 690081960 litigation or proceeding affecting this Mortgage, the Transaction Documents Notes or the PropertyPremises, including appellate, probate and bankruptcy proceedings, or in the preparations for the commencement or defense of any proceeding proceedings or threatened suit or proceeding, proceeding shall be immediately due and payable by Mortgagor, with interest thereon at the Funding applicable Default Rate specified of interest as set forth in the Facility Agreement, Notes and shall be secured by this Mortgage.

Foreclosure; Expense of Litigation. When the Indebtedness hereby secured, or any part thereof shall become due, whether by acceleration or otherwise, Mortgagee shall have the right to foreclose the lien hereof for such Indebtedness or part thereof. In any suit to foreclose the event of foreclosure of the lienlien hereof, there shall be allowed and included as additional Secured Obligations, Indebtedness in the decree for sale all expenditures and expenses which may be paid or incurred by or on behalf of Mortgagee and/or Lenders for reasonable attorneys’ fees (including, expressly, costs of services of paralegals)fees, appraiser’s fees, actual costs of environmental reviews or audits, outlays for documentary and expert evidence, stenographers’ charges, publication costs, and costs (which may be estimated as to items to be expended after foreclosure sale or entry of the decree) of procuring all such abstracts of title, title searches and examinations, title insurance policies, and similar data and assurances with respect to the title as Mortgagee may deem reasonably advisable necessary either to prosecute such suit action or to evidence to a bidder bidders at [LEASEHOLD MORTGAGE, ASSIGNMENT OF LEASES, SECURITY AGREEMENT AND FIXTURE FILING] ING No. 28193 GECC No. 690081960 any sale which may be had pursuant to such decree the true condition of the title to or the value of the PropertyLeasehold Premises. All such expenditures and expenses of the nature in this Paragraph mentioned and such expenses and fees as may be incurred in the protection of said premises the Leasehold Premises and the maintenance of the lien of this Mortgage, including the reasonable fees of any attorney attorneys employed by Mortgagee and/or Lenders in any litigation or proceeding affecting this Mortgage, the Transaction Documents Notes or the PropertyLeasehold Premises, including appellate, probate and bankruptcy proceedings, or in the preparations for the commencement or defense of any proceeding proceedings or threatened suit or proceeding, proceeding shall be immediately due and payable by Mortgagor, with interest thereon at the Funding applicable Default Rate specified of interest as set forth in the Facility Agreement, Notes and shall be secured by this Mortgage.

Foreclosure; Expense of Litigation. If foreclosure is made by Trustee, reasonable attorneys' fees for services and costs incurred (including, expressly, costs of services of paralegals) in the supervision of said foreclosure proceeding shall be allowed by Trustee as part of the foreclosure costs. In the event of foreclosure of the lien, there shall be allowed and included as additional Secured Obligations, all expenditures and expenses which may be paid or incurred by or on behalf of Mortgagee Beneficiary for reasonable attorneys’ ' fees (including, expressly, costs of services of paralegals), appraiser’s 's fees, outlays for documentary and expert evidence, stenographers’ ' charges, publication costs, and costs (which may be estimated as to items to be expended after foreclosure sale or entry of the decree) of procuring all such abstracts of title, title searches and examinations, title insurance policies, Trustee's sale guarantees and similar data and assurances with respect to title as Mortgagee Beneficiary may deem reasonably advisable either to prosecute such suit or to evidence to a bidder at any sale which may be had the true condition of the title to or the value of the Property. All such expenditures and expenses and such expenses and fees as may be incurred in the protection of said premises and the maintenance of the lien of this MortgageDeed of Trust, including the reasonable fees of any attorney employed by Mortgagee Beneficiary in any litigation or proceeding affecting this MortgageDeed of Trust, the Transaction Loan Documents or the Property, including probate and bankruptcy proceedings, or in the preparations for the commencement or defense of any proceeding or threatened suit or proceeding, shall be immediately due and payable by MortgagorTrustor, with interest at the Funding Rate specified in the Facility AgreementInterest Rate, and shall be secured by this MortgageDeed of Trust.

Foreclosure; Expense of Litigation. When the Indebtedness hereby secured, or any part thereof shall become due, whether by acceleration or otherwise, Beneficiary shall have the right to foreclose the lien hereof for such Indebtedness or part thereof. In any suit to foreclose the event of foreclosure of the lienlien hereof, there shall be allowed and included as additional Secured Obligations, Indebtedness in the decree for sale all expenditures and expenses which may be paid or incurred by or on behalf of Mortgagee Beneficiary for reasonable attorneys’ fees (including, expressly, costs of services of paralegals)actually incurred, appraiser’s fees, actual costs of environmental reviews or audits, outlays for documentary and expert evidence, stenographers’ charges, publication costs, and costs (which may be estimated as to items to be expended after foreclosure sale or entry of the decree) of procuring all such abstracts of title, title searches and examinations, title insurance policies, and similar data and assurances with respect to the title as Mortgagee Beneficiary may deem reasonably advisable necessary either to prosecute such suit action or to evidence to a bidder bidders at any sale which may be had pursuant to such decree the true condition of the title to or the value of the PropertyPremises. All such expenditures and expenses of the nature in this Paragraph mentioned and such expenses and fees as may be incurred in the protection of said premises the Premises, and the maintenance of the lien of this MortgageDeed of Trust, including the reasonable fees actually incurred of any attorney attorneys employed by Mortgagee Beneficiary in any litigation or proceeding affecting this MortgageDeed of Trust, the Transaction Documents Note or the PropertyPremises, including appellate, probate and bankruptcy proceedings, or in the preparations for the commencement or defense of any proceeding proceedings or threatened suit or proceeding, proceeding shall be immediately due and payable by MortgagorGrantor, with interest thereon at the Funding Default Rate specified of interest as set forth in the Facility Agreement, Note and shall be secured by this MortgageDeed of Trust.

Foreclosure; Expense of Litigation. When the Indebtedness hereby secured, or any part thereof shall become due, whether by acceleration or otherwise, Mortgagee shall have the right to foreclose the lien hereof for such Indebtedness or part thereof. In any suit to foreclose the event of foreclosure of the lienlien hereof, there shall be allowed and included as additional Secured Obligations, Indebtedness in the decree for sale all expenditures and expenses which may be paid or incurred by or on behalf of Mortgagee for reasonable attorneys’ fees (including' fees, expresslyappraiser's fees, actual costs of services of paralegals), appraiser’s feesenvironmental reviews or audits, outlays for documentary and expert evidence, stenographers’ ' charges, publication costs, and costs (which may be estimated as to items to be expended after foreclosure sale or entry of the decree) of procuring all such abstracts of title, title searches and examinations, title insurance policies, and similar data and assurances with respect to the title as Mortgagee may deem reasonably advisable necessary either to prosecute such suit action or to evidence to a bidder bidders at any sale which may be had pursuant to such decree the true condition of the title to or the value of the PropertyPremises. All such expenditures and expenses of the nature in this Paragraph mentioned and such expenses and fees as may be incurred in the protection of said premises the Premises and the maintenance of the lien of this Mortgage, including the reasonable fees of any attorney attorneys employed by Mortgagee in any litigation or proceeding affecting this Mortgage, the Transaction Documents Note or the PropertyPremises, including appellate, probate and bankruptcy proceedings, or in the preparations for the commencement or defense of any proceeding proceedings or threatened suit or proceeding, proceeding shall be immediately due and payable by Mortgagor, with interest thereon at the Funding Default Rate specified of interest as set forth in the Facility Agreement, Note and shall be secured by this Mortgage.

Foreclosure; Expense of Litigation. When the indebtedness hereby secured, or any part thereof, shall become due, whether by acceleration or otherwise, Mortgagee shall have the right to foreclose the lien hereof for such indebtedness or part thereof. In any suit to foreclose the event lien hereof or to enforce the obligations of foreclosure Mortgagee hereunder or under the Notes or the Credit Agreement or any other instrument securing the performance of the liensuch obligations, there shall be allowed and included as additional Secured Obligations, indebtedness in the decree for sale or other judgment or decree all expenditures and expenses which may be paid or incurred by or on behalf of Mortgagee for reasonable attorneys’ ' costs and fees (including, expressly, including the costs of services and fees of paralegals), appraiser’s survey charges, appraisers' fees, inspecting engineers' and/or architects' fees, fees for environmental studies and assessments and all additional expenses incurred by Mortgagee with respect to environmental matters, outlays for documentary and expert evidence, stenographers’ ' charges, publication costs, and costs (which may be estimated as to items to be expended after foreclosure sale or entry of the decree) of procuring all such abstracts of title, title searches and examinations, title insurance policies, Torrens certificates, and similar data and assurances with respect to title as Mortgagee may deem reasonably advisable necessary either to prosecute such suit or to evidence to a bidder bidders at any sale which may be had pursuant to such decree the true condition of the title to or the value of of, or the environmental condition of, the Mortgaged Property. All such expenditures and expenses of the nature in this paragraph mentioned, and such expenses and fees as may be incurred in the protection of said premises the Mortgaged Property and the maintenance of the lien of this Mortgage, including the reasonable fees of any attorney employed by Mortgagee in any litigation or proceeding affecting this Mortgage, the Transaction Documents Notes or the Mortgaged Property, including probate and bankruptcy proceedings, or in the preparations for the commencement or defense of any suit or proceeding or threatened suit or proceeding, shall be immediately due and payable by Mortgagor, with interest thereon at the Funding Rate specified highest default rate provided in the Facility Agreement, Notes and shall be secured by this Mortgage.

Foreclosure; Expense of Litigation. When the Indebtedness hereby secured, or any part thereof shall become due, whether by acceleration or otherwise, Mortgagee shall have the right to foreclose the lien hereof for such Indebtedness or part thereof. In any suit to foreclose the event of foreclosure of the lienlien hereof, there shall be allowed and included as additional Secured Obligations, Indebtedness in the decree for sale all expenditures and expenses which may be paid or incurred by or on behalf of Mortgagee for reasonable attorneys’ fees (including' fees, expresslyappraiser's fees, actual costs of services of paralegals), appraiser’s feesenvironmental reviews or audits, outlays for documentary and expert evidence, stenographers’ ' charges, publication costs, and costs (which may be estimated as to items to be expended after foreclosure sale or entry of the decree) of procuring all such abstracts of title, title searches and examinations, title insurance policies, and similar data and assurances with respect to the title as Mortgagee may deem reasonably advisable necessary either to prosecute such suit action or to evidence to a bidder bidders at any sale which may be had pursuant to such decree the true condition of the title to or the value of the PropertyPremises. All such expenditures and expenses of the nature in this Paragraph mentioned and such expenses and fees [MORTGAGE, SECURITY AGREEMENT, FINANCING STATEMENT AND FIXTURE FILING] ING No. 27449 as may be incurred in the protection of said premises the Premises and the maintenance of the lien of this Mortgage, including the reasonable fees of any attorney attorneys employed by Mortgagee in any litigation or proceeding affecting this Mortgage, the Transaction Documents Note or the PropertyPremises, including appellate, probate and bankruptcy proceedings, or in the preparations for the commencement or defense of any proceeding proceedings or threatened suit or proceeding, proceeding shall be immediately due and payable by Mortgagor, with interest thereon at the Funding Default Rate specified of interest as set forth in the Facility Agreement, Note and shall be secured by this Mortgage.

Foreclosure; Expense of Litigation. When the Indebtedness hereby secured, or any part thereof shall become due, whether by acceleration or otherwise, Mortgagee shall have the right to foreclose the lien hereof for such Indebtedness or part thereof. In any suit to foreclose the event of foreclosure of the lienlien hereof, there shall be allowed and included as additional Secured Obligations, Indebtedness in the decree for sale all reasonable expenditures and expenses which may be paid or incurred by or on behalf of Mortgagee for reasonable attorneys’ fees (including, expressly, costs of services of paralegals)fees, appraiser’s fees, actual costs of environmental reviews or audits, outlays for documentary and expert evidence, stenographers’ charges, publication costs, and costs (which may be estimated as to items to be expended after foreclosure sale or entry of the decree) of procuring all such abstracts of title, title searches and examinations, title insurance policies, and similar data and assurances with respect to the title as Mortgagee may deem reasonably advisable necessary either to prosecute such suit action or to evidence to a bidder bidders at any sale which may be had pursuant to such decree the true condition of the title to or the value of the PropertyPremises. All such expenditures and expenses of the nature in this Paragraph mentioned and such expenses and fees as may be incurred in the protection of said premises the Premises and the maintenance of the lien of this Mortgage, including the reasonable fees of any attorney attorneys employed by Mortgagee in any litigation or proceeding affecting this Mortgage, the Transaction Documents Note or the PropertyPremises, including appellate, probate and bankruptcy proceedings, or in the preparations for the commencement or defense of any proceeding proceedings or threatened suit or proceeding, proceeding shall be immediately due and payable by Mortgagor, with interest thereon at the Funding Default Rate specified of interest as set forth in the Facility Agreement, Note and shall be secured by this Mortgage.

Foreclosure; Expense of Litigation. When the Indebtedness hereby secured, or any part thereof shall become due, whether by acceleration or otherwise, Grantee shall have the right to foreclose the security title or interest hereof for such Indebtedness or part thereof. In the event of any foreclosure of the liensecurity title or interest hereof, there shall be allowed and included as additional Secured Obligations, Indebtedness in the decree for sale all expenditures and expenses which may be paid or incurred by or on behalf of Mortgagee Grantee for reasonable attorneys’ fees (including, expressly, costs of services of paralegals)fees, appraiser’s fees, actual costs of environmental reviews or audits, outlays for documentary and expert evidence, stenographers’ charges, publication costs, and costs (which may be estimated as to items to be expended after foreclosure sale or entry of the decree) of procuring all such abstracts of title, title searches and examinations, title insurance policies, and similar data and assurances with respect to the title as Mortgagee Grantee may deem reasonably advisable necessary either to prosecute such suit action or to evidence to a bidder bidders at any sale which may be had pursuant to such decree the true condition of the title to or the value of the PropertyPremises. All such expenditures and expenses of the nature in this Paragraph mentioned and such expenses and fees as may be incurred in the protection of said premises the Premises and the maintenance of the lien security title or interest of this MortgageSecurity Deed, including the reasonable fees of any attorney attorneys employed by Mortgagee Grantee in any litigation or proceeding affecting this MortgageSecurity Deed, the Transaction Documents Note or the PropertyPremises, including appellate, probate and bankruptcy proceedings, or in the preparations for the commencement or defense of any proceeding proceedings or threatened suit or proceeding, proceeding shall be immediately due and payable by MortgagorGrantor, with interest thereon at the Funding Default Rate specified of interest as set forth in the Facility Agreement, Note and shall be secured by this MortgageSecurity Deed.

Foreclosure; Expense of Litigation. When the indebtedness hereby secured, or any part thereof, shall become due, whether by acceleration or otherwise, Mortgagee shall have the right to foreclose the lien hereof for such indebtedness or part thereof. In any suit to foreclose the event lien hereof or to enforce the obligations of foreclosure Mortgagor hereunder, or under the Notes or the Credit Agreement, or any other instrument securing the performance of the liensuch obligations, there shall be allowed and included as additional Secured Obligations, indebtedness in the decree for sale or other judgment or decree all expenditures and expenses which may be paid or incurred by or on behalf of Mortgagee for reasonable attorneys’ costs and fees (including, expressly, including the costs of services and fees of paralegals), appraiser’s survey charges, appraisers’ fees, inspecting engineers’ and/or architects’ fees, fees for environmental studies and assessments and all additional expenses incurred by Mortgagee with respect to environmental matters, outlays for documentary and expert evidence, stenographers’ charges, publication costs, and costs (which may be estimated as to items to be expended after foreclosure sale or entry of the decree) of or procuring all such abstracts of title, title searches and examinations, title insurance policies, Torrens certificates, and similar data and assurances with respect to title as Mortgagee may deem reasonably advisable necessary either to prosecute such suit or to evidence to a bidder bidders at any sale which may be had pursuant to such decree the true condition of the title to or the value of of, or the Propertyenvironmental condition of, the Mortgaged Premises. All such expenditures and expenses of the nature in this paragraph mentioned, and such expenses and fees as may be incurred in the protection of said premises the Mortgaged Premises and the maintenance Maintenance of the lien of this Mortgage, including the reasonable fees of any attorney employed by Mortgagee in any litigation or proceeding affecting this Mortgage, the Transaction Documents Credit Agreement or the Property, including probate and bankruptcy proceedings, or in the preparations for the commencement Mortgaged Premises or defense of any suit or proceeding or threatened suit or proceeding, shall be immediately due and payable by Mortgagor, with interest thereon at the Funding Default Rate specified in the Facility Agreement, and shall be secured by this Mortgage.

Foreclosure; Expense of Litigation. When the Guaranteed Obligations hereby secured, or any part thereof shall become due, whether by acceleration or otherwise, Mortgagee shall have the right to foreclose the lien hereof for such Guaranteed Obligations or part thereof. In any suit to foreclose the event of foreclosure of the lienlien hereof, there shall be allowed and included as additional Secured Obligations, Guaranteed Obligations in the decree for sale all expenditures and expenses which may be paid or incurred by or on behalf of Mortgagee for reasonable attorneys’ fees (including, expressly, costs of services of paralegals)actually incurred, appraiser’s fees, actual costs of environmental reviews or audits, outlays for documentary and expert evidence, stenographers’ charges, publication costs, and costs (which may be estimated as to items to be expended after foreclosure sale or entry of the decree) of procuring all such abstracts of title, title searches and examinations, title insurance policies, and similar data and assurances with respect to the title as Mortgagee may deem reasonably advisable necessary either to prosecute such suit action or to evidence to a bidder bidders at any sale which may be had pursuant to such decree the true condition of the title to or the value of the PropertyPremises. All such expenditures and expenses of the nature in this Paragraph mentioned and such expenses and fees as may be incurred in the protection of said premises the Premises and the maintenance of the lien of this Mortgage, including the reasonable fees actually incurred of any attorney attorneys employed by Mortgagee in any litigation or proceeding affecting this Mortgage, the Transaction Documents Guaranty or the PropertyPremises, including appellate, probate and bankruptcy proceedings, or in the preparations for the commencement or defense of any proceeding proceedings or threatened suit or proceeding, proceeding shall be immediately due and payable by Mortgagor, with interest thereon at the Funding Default Rate specified of interest as set forth in the Facility Agreement, Affiliate Notes and shall be secured by this Mortgage.

Foreclosure; Expense of Litigation. When the Indebtedness hereby secured, or any part thereof shall become due, whether by acceleration or otherwise, Mortgagee shall have the right to foreclose the lien hereof for such Indebtedness or part thereof. In any suit to foreclose the event of foreclosure of the lienlien hereof, there shall be allowed and included as additional Secured Obligations, Indebtedness in the decree for sale all expenditures and expenses which may be paid or incurred by or on behalf of Mortgagee for reasonable attorneys’ fees (including, expressly, costs of services of paralegals)actually incurred, appraiser’s fees, actual costs of environmental reviews or audits, outlays for documentary and expert evidence, stenographers’ charges, publication costs, and costs (which may be estimated as to items to be expended after foreclosure sale or entry of the decree) of procuring all such abstracts of title, title searches and examinations, title insurance policies, and similar data and assurances with respect to the title as Mortgagee may deem reasonably advisable necessary either to prosecute such suit action or to evidence to a bidder bidders at any sale which may be had pursuant to such decree the true condition of the title to or the value of the PropertyPremises. All such expenditures and expenses of the nature in this Paragraph mentioned and such expenses and fees as may be incurred in the protection of said premises the Premises and the maintenance of the lien of this Mortgage, including the reasonable fees actually incurred of any attorney attorneys employed by Mortgagee in any litigation or proceeding affecting this Mortgage, the Transaction Documents Note or the PropertyPremises, including appellate, probate and bankruptcy proceedings, or in the preparations for the commencement or defense of any proceeding proceedings or threatened suit or proceeding, proceeding shall be immediately due and payable by Mortgagor, with interest thereon at the Funding Default Rate specified of interest as set forth in the Facility Agreement, Note and shall be secured by this Mortgage.

Foreclosure; Expense of Litigation. If foreclosure is made by the Trustee, reasonable attorneys' fees for services and costs incurred (including, expressly, costs of services of paralegals and computer-assisted legal research) in the supervision of said foreclosure proceeding shall be allowed by the Trustee as part of the foreclosure costs. In the event of foreclosure of the lien, there shall be allowed and included as additional Secured ObligationsDO NOT MARK, PRINT, SIGN OR TYPE OUTSIDE THE LINED MARGIN indebtedness all expenditures and expenses which may be paid or incurred by or on behalf of Mortgagee Beneficiary for reasonable attorneys’ ' fees (including, expressly, costs of services of paralegalsparalegals and computer-assisted legal research), appraiser’s 's fees, outlays for documentary and expert evidence, stenographers’ ' charges, publication costs, and costs (which may be estimated as to items to be expended after foreclosure sale or entry of the decree) of procuring all such abstracts of title, title searches and examinations, title insurance policies, Trustee's sale guarantees and similar data and assurances with respect to title as Mortgagee Beneficiary may deem reasonably advisable either to prosecute such suit or to evidence to a bidder at any sale which may be had the true condition of the title to or the value of the Property. All such expenditures and expenses and such expenses and fees as may be incurred in the protection of said premises and the maintenance of the lien of this MortgageDeed of Trust, including the reasonable fees of any attorney employed by Mortgagee Beneficiary in any litigation or proceeding affecting this MortgageDeed of Trust, the Transaction Documents Note or the Property, including probate and bankruptcy proceedings, or in the preparations for the commencement or defense of any proceeding or threatened suit or proceeding, shall be immediately due and payable by MortgagorTrustor, with interest at the Funding Rate specified in the Facility AgreementDefault Rate, and shall be secured by this MortgageDeed of Trust.

Foreclosure; Expense of Litigation. When the Indebtedness hereby secured, or any part thereof shall become due, whether by acceleration or otherwise, Grantee shall have the right to foreclose the lien hereof for such Indebtedness or part thereof. In any suit to foreclose the event of foreclosure of the lienlien hereof, there shall be allowed and included as additional Secured Obligations, Indebtedness in the decree for sale all expenditures and expenses which may be paid or incurred by or on behalf of Mortgagee Grantee for reasonable attorneys’ fees (including, expressly, costs of services of paralegals)actually incurred, appraiser’s fees, actual costs of environmental reviews or audits, outlays for documentary and expert evidence, stenographers’ charges, publication costs, and costs (which may be estimated as to items to be expended after foreclosure sale or entry of the decree) of procuring all such abstracts of title, title searches and examinations, title insurance policies, and similar data and assurances with respect to the title as Mortgagee Grantee may deem reasonably advisable necessary either to prosecute such suit action or to evidence to a bidder bidders at any sale which may be had pursuant to such decree the true condition of the title to or the value of the PropertyPremises. All such expenditures and expenses of the nature in this Paragraph mentioned and such expenses and fees as may be incurred in the protection of said premises the Premises, and the maintenance of the lien of this MortgageDeed, including the reasonable fees actually incurred of any attorney attorneys employed by Mortgagee Grantee in any litigation or proceeding affecting this MortgageDeed, the Transaction Documents Note or the PropertyPremises, including appellate, [DEED TO SECURE DEBT AND SECURITY AGREEMENT] ING No. 28315 probate and bankruptcy proceedings, or in the preparations for the commencement or defense of any proceeding proceedings or threatened suit or proceeding, proceeding shall be immediately due and payable by MortgagorGrantor, with interest thereon at the Funding Default Rate specified of interest as set forth in the Facility Agreement, Note and shall be secured by this MortgageDeed.