Foreclosure Proceedings. The provisions of Section 24 notwithstanding, foreclosure proceedings shall include without limitation non-judicial foreclosure pursuant to a power of sale in accordance with statutes of the State of Texas then in force governing sales of real estate under powers of sale conferred by deed of trust. Upon the occurrence and during the continuance of an Event of Default, or at any time thereafter, Grantor authorizes and empowers the Trustee, at the request of Beneficiary (which request is hereby conclusively presumed), to enforce this Deed of Trust by selling, in one or more sales as Beneficiary or Trustee may elect, the Trust Property then subject to the lien hereof at public auction, to the highest bidder, for cash or for credit against the indebtedness secured hereby if Beneficiary is the highest bidder, at the county court house in the county in Texas in which such Trust Property or any part thereof is situated, as herein described, in the area designated by the commissioners court for such purpose pursuant to a recordation of such designation in the real property records of such county, or if no such recorded designation by the commissioners court has been made, in the area at the county court house designated in the notice of proposed sale posted, filed and served in accordance with the further provisions of this paragraph, between the hours of 10:00 a.m. and 4:00 p.m. on the first Tuesday of any month. The Trustee shall give notice of the time, place and terms of said sale, and of the property to be sold as follows:
(i) Notice of such proposed sale shall be given by posting written notice thereof at least twenty-one days preceding the date of the sale at the court house door, and by filing a copy of the Notice in the office of the county clerk of the county in which the sale is to be made, and if the property to be sold is situated in more than one county, one notice shall be posted at the court house door and filed with the county clerk of each county in which the property to be sold is situated. In addition, Beneficiary shall, at least twenty-one days preceding the date of sale, serve written notice of the proposed sale by certified mail on each debtor obligated to pay the debt secured hereby according to the records of Beneficiary. Service of such notice shall be completed upon deposit of the notice, enclosed in a postpaid wrapper, properly addressed to each such debtor at the most recent address as shown by the records of Beneficiary, in a post off...
Foreclosure Proceedings. The first sentence of Subsection 11.13 is hereby deleted and replaced in its entirety with the following: Subject to Subsection 11.02, in the event that title to the Mortgaged Property is acquired in foreclosure or by deed in lieu of foreclosure, the deed or certificate of sale shall be taken in the name of the Trust, where permitted by applicable law or regulation, and where not so permitted, in the name of the trustee of the Trust or its nominee.
Foreclosure Proceedings. Filing of any foreclosure proceeding, giving notice of a trustee’s sale, or any other action by any Person, other than Lender, to realize upon any of the Collateral under any Lien or Encumbrance on any or all of the Collateral, regardless of whether such Lien or Encumbrance is a Permitted Exception and regardless of whether junior or senior to the Security Instrument.
Foreclosure Proceedings. For so long as the Investor or an Affiliate thereof, (i) holds all of the Classes of the Subordinate Certificates and (ii) has not forfeited its rights set forth in the related Servicing Agreements, the Master Servicer (A) shall promptly notify the Investor, as Controlling Class Holder, of its receipt of any Foreclosure Notice and any Non-Foreclosure Notice and (B) shall promptly notify the Investor of the Fair Value Prices (as defined in the related Servicing Agreements) and related calculations of the purchase price of the Mortgage Loans determined pursuant to the related Servicing Agreements. In the event that the Investor has notified the Master Servicer in writing that the Investor no longer holds all of the Subordinate Certificates and the related Servicer, as applicable, and that has forfeited its rights set forth in the related Servicing Agreement, the Master Servicer shall provide the related Servicer with an Expiration Notice indicating such event.
Foreclosure Proceedings. Lender may institute proceedings, judicial or otherwise, for the complete or partial foreclosure of this Mortgage and sale of all or any portion of the Property at public auction, the power of sale being hereby specifically granted. Such rights shall include Lender’s right (and Borrower hereby expressly grants to Lender such right) to sell the Property through Power of Sale, as and to the extent such remedy is available to Lender. With respect to such Power of Sale, if the Property is located in the State of New York: (a) Borrower hereby expressly grants to Lender the power to sell the Property pursuant to Article 14 of the Real Property Actions and Proceedings Law of the State of New York or any Law or similar Law permitting non-judicial sale (“Article 14”); (b) as used in this Mortgage, the term or terms “foreclosure”, “action to foreclose”, “proceeding to foreclose”, “action to collect the mortgage debt” and any similar term or terms used herein shall be deemed to expressly include and refer to Lender’s power to sell the Property pursuant to Article 14; and (c) Borrower waives (to the extent permitted by Law) any right granted pursuant to Section 1421 of the Real Property Actions and Proceedings Law of New York or any similar Law, to challenge Lender’s election to enforce this Mortgage by means of such non-judicial foreclosure by Power of Sale. Mortgage CD Form 127 Page 51 Loan No. 110686537 File No. 123-33001 04-09-11
Foreclosure Proceedings. In any foreclosure proceeding concerning any Collateral, each holder of an Obligation if bidding for its own account or for its own account and the accounts of other Creditors is prohibited from including in the amount of its bid an amount to be applied as a credit against the Obligations held by it or the Obligations held by the other Creditors; instead, such holder must bid in cash only. However, in any such foreclosure proceeding, the Collateral Agent may (but shall not be obligated to) submit a bid for all Creditors in the form of a credit against the Obligations. If in any foreclosure proceedings concerning any Collateral the Collateral Agent, any Lender, any Currency Hedge Provider or any Cash Management Provider accepts a transfer, conveyance or assignment of title to any of the Collateral, it shall accept such transfer, conveyance or assignment of title only for the benefit of all of the Creditors.
Foreclosure Proceedings. Neither Agent nor any successor in interest to Agent will name any AINC Parties as a party in any Foreclosure action or proceeding unless such joinder is necessary to foreclose the lien of the Pledge Agreement or Security Agreement, but only to foreclose the related lien and not to terminate any AINC Agreements. For purposes of the foregoing, “Foreclosure” means any exercise of the remedies available to Agent under the Loan Documents following an Event of Default, which results in a transfer of title to, or direct or indirect possession or control of, Parent, Borrower or any property owned by Parent or Borrower (whether directly or indirectly), or the Pledged Equity pledged to Agent pursuant to the Pledge Agreement. The term “Foreclosure” includes: (i) a transfer by judicial or non-judicial foreclosure; (ii) a transfer by deed or assignment in lieu of foreclosure; (iii) the appointment by a court of a receiver to assume possession or control of the applicable real property; (iv) a transfer of either ownership or control of Parent or Borrower, direct or indirect in either case, by exercise of a pledge or otherwise; (v) a transfer resulting from an order entered in any bankruptcy proceeding or a transfer approved by a court in such a proceeding (including, but not limited to, a sale pursuant to Section 363 or Section 1123(a)(5) of the U.S. Bankruptcy Code) (an “Insolvency Proceeding”); or (vi) a transfer through any similar judicial or non-judicial exercise of the remedies held by the holder of the Pledge Agreement.
Foreclosure Proceedings. Nothing in this Agreement shall be construed to in any way limit or impair the right of: (i) any First Priority Lender or Second Priority Lender to bid for or purchase Common Collateral at any private or judicial foreclosure upon such Common Collateral initiated by a First Priority Secured Party, (ii) any Second Priority Secured Party to join (but not control) any judicial foreclosure proceeding or other judicial lien enforcement proceeding with respect to the Common Collateral initiated by a First Priority Secured Party, except to the extent that any such action could reasonably be expected, in any material respect, to restrain, hinder, limit or delay for any material period the Exercise of Secured Creditor Remedies by First Priority Secured Parties, or (iii) any Second Priority Secured Party to receive payments in accordance with the terms of this Agreement from the Proceeds of the Common Collateral.
Foreclosure Proceedings. The filing of a foreclosure proceeding by the owner and holder of any mortgage or lien affecting the Mortgaged Property, regardless of whether same is or is asserted to be prior or inferior in dignity and enforceability to the lien and security interest of this Mortgage.
Foreclosure Proceedings. Amerex hereby covenants and agrees that it will not interfere with or oppose Lender in, and hereby consents to, any:
(a) foreclosure proceedings by court action or otherwise, or any other proceedings instituted by Lender in connection with realizing upon the security granted pursuant to the Security Agreement and other Loan Documents, including the right to institute proceedings against Amerex in order to effectuate such foreclosure; and
(b) action to quiet title which may be instituted by Lender to perfect its right, title and interest in the Stock. Amerex waives the right to a hearing in connection with any such foreclosure proceeding or other suit or proceedings, and further waives the right to require sale of the Stock in any such suit to be made in parcels. If Amerex contests Lender’s right to proceed in any suit or other proceeding, in addition to Amerex being liable to Lender or its designee for all damages which Lender may suffer as a result thereof, Amerex acknowledges and agrees that it will be liable to Lender for all reasonable attorneys’ fees and court costs incurred by Lender in such suit. This provision in this section shall survive the closing of the transactions contemplated in this Agreement.
