Common use of Foreclosure; Lawsuits Clause in Contracts

Foreclosure; Lawsuits. Mortgagee shall have the right, in one or several concurrent or consecutive proceedings, to foreclose the lien hereof upon the Property or any part thereof, for the Secured Obligations, or any part thereof, by any proceedings appropriate under applicable law. Mortgagee or its nominee may bid and become the purchaser of all or any part of the Property at any foreclosure or other sale hereunder, and the amount of Mortgagee's successful bid shall be credited on the Secured Obligations. Without limiting the foregoing, Mortgagee may proceed by a suit or suits in law or equity, whether for specific performance of any covenant or agreement herein contained or contained in any of the other Loan Documents (as defined in the Loan Agreement), or in aid of the execution of any power herein granted, or for any foreclosure under the judgment or decree of any court of competent jurisdiction, or for damages, or to collect the indebtedness secured hereby, or for the enforcement of any other appropriate legal, equitable, statutory or contractual remedy. Mortgagee may sell the Property at public auction in one or more parcels, at Mortgagee's option, and convey the same to the purchaser in fee simple, Mortgagor to remain liable for any deficiency for which Mortgagor shall be personally liable.

Appears in 3 contracts

Samples: Secure Debt and Security Agreement (Glimcher Realty Trust), Mortgage, Security Agreement (Glimcher Realty Trust), Mortgage, Security Agreement (Glimcher Realty Trust)

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Foreclosure; Lawsuits. Mortgagee Beneficiary shall have the right, in one or several concurrent or consecutive proceedings, to foreclose the lien hereof upon the Property or any part thereof, for the Secured Obligations, or any part thereof, by any proceedings appropriate under applicable law. Mortgagee Beneficiary or its nominee may bid and become the purchaser of all or any part of the Property at any foreclosure or other sale hereunder, and the amount of MortgageeBeneficiary's successful bid shall be credited on the Secured Obligations. Without limiting the foregoing, Mortgagee Beneficiary may proceed by a suit or suits in law or equity, whether for specific performance of any covenant or agreement herein contained or contained in any of the other Loan Documents (as defined in the Loan Agreement), or in aid of the execution of any power herein granted, or for any foreclosure under the judgment or decree of any court of competent jurisdiction, or for damages, or to collect the indebtedness secured hereby, or for the enforcement of any other appropriate legal, equitable, statutory or contractual remedy. Mortgagee Trustee, at the direction of the Beneficiary, may sell the Property at public auction in one or more parcels, at MortgageeBeneficiary's option, and convey the same to the purchaser in fee simple, Mortgagor Trustor to remain liable for any deficiency for which Mortgagor Trustor shall be personally liable.

Appears in 1 contract

Samples: Fixture Filing And (Glimcher Realty Trust)

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Foreclosure; Lawsuits. Mortgagee Beneficiary shall have the right, in one or several concurrent or consecutive proceedings, to foreclose the lien hereof upon the Property or any part thereof, for the Secured Obligations, or any part thereof, by any nonjudicial or judicial proceedings appropriate under applicable law. Mortgagee Beneficiary or its nominee may bid and become the purchaser of all or any part of the Property at any foreclosure or other sale hereunder, and the amount of MortgageeBeneficiary's successful bid shall be credited on the Secured Obligations. Without limiting the foregoing, Mortgagee Beneficiary may proceed by a suit or suits in law or equity, whether for specific performance of any covenant or agreement herein contained or contained in any of the other Loan Documents (as defined in the Loan Agreement), or in aid of the execution of any power herein granted, or for any foreclosure under the judgment or decree of any court of competent jurisdiction, or for damages, or to collect the indebtedness secured hereby, or for the enforcement of any other appropriate legal, equitable, statutory or contractual remedy. Mortgagee Trustee, at the direction of the Beneficiary, may sell the Property at public auction in one or more parcels, at MortgageeBeneficiary's option, and convey the same to the purchaser in fee simple, Mortgagor Trustor to remain liable for any deficiency for which Mortgagor Trustor shall be personally liable.

Appears in 1 contract

Samples: Fixture Filing And (Glimcher Realty Trust)

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