Common use of Legal Proceedings and Foreclosure Clause in Contracts

Legal Proceedings and Foreclosure. If an Event of Default shall have occurred, Trustee or Beneficiary may proceed by suit or suits at law or in equity or by any other appropriate remedy to protect and enforce its rights hereunder, whether for the specific performance of any covenant or agreement contained herein, or for an injunction against the violation of any of the terms hereof, or in aid of the exercise of any right, power or remedy available to it, or to enforce the payment of the Indebtedness under the Loan Agreement, or to foreclose the lien and security interest of this Indenture as against all or any part of the Property and to have all or any part of the Property sold, in any manner permitted by law, under the judgment or decree of a court or courts of competent jurisdiction, or otherwise, and to pursue any other remedy available to it. If Beneficiary proceeds to foreclose the lien of this Indenture, Beneficiary shall have the statutory power of sale if permitted by applicable law. In the event of any such suit or proceeding, Beneficiary and/or Trustee shall comply with any local laws applicable to any such suits or proceedings. Any such suit or proceeding instituted by Trustee shall be brought in its name as Trustee and any recovery or judgement shall be for the benefit of Beneficiary. All costs and expenses (including, without limitation, reasonable attorney's fees and expenses) incurred by Trustee or Beneficiary in connection with any such suit or proceeding, together with interest thereon (to the extent permitted by law) computed at the Default Rate from the date on which such costs or expenses are incurred to the date of payment thereof, shall constitute additional Indebtedness secured by this Indenture and shall be paid by Borrower to Trustee or Beneficiary, as the case may be, on demand.

Legal Proceedings and Foreclosure. If an Event of Default shall have occurred, Trustee or Beneficiary Grantee may proceed by suit or suits at law or in equity or by any other appropriate remedy to protect and enforce its rights hereunder, whether for the specific performance of any covenant or agreement contained herein, or for an injunction against the violation of any of the terms hereof, or in aid of the exercise of any right, power or remedy available to it, or to enforce the payment of the Indebtedness under the Loan Agreement, or to foreclose the lien estate created by this Indenture and the security interest of this Indenture as against all or any part of the Property and to have all or any part of the Property sold, in any manner permitted by law, under the judgment or decree of a court or courts of competent jurisdiction, or otherwise, and to pursue any other remedy available to it. If Beneficiary Grantee proceeds to foreclose the lien of this Indentureestate created hereby, Beneficiary Grantee shall have the statutory power of sale if permitted by applicable law. In the event of any such suit or proceeding, Beneficiary and/or Trustee Grantee shall comply with any local laws applicable to any such suits or proceedings. Any such suit or proceeding instituted by Trustee Grantee shall be brought in its name as Trustee Grantee and any recovery or judgement shall be for the benefit of BeneficiaryGrantee. All costs and expenses (including, without limitation, reasonable attorney's fees and expenses) incurred by Trustee or Beneficiary Grantee in connection with any such suit or proceeding, together with interest thereon (to the extent permitted by law) computed at the Default Rate from the date on which such costs or expenses are incurred to the date of payment thereof, shall constitute additional Indebtedness secured by this Indenture and shall be paid by Borrower Grantor to Trustee or BeneficiaryGrantee, as the case may be, on demand.

Legal Proceedings and Foreclosure. If an Event of Default shall have occurred, Trustee or Beneficiary may proceed by suit or suits at law or in equity or by any other appropriate remedy to protect and enforce its rights hereunder, whether for the specific performance of any covenant or agreement contained herein, or for an injunction against the violation of any of the terms hereof, or in aid of the exercise of any right, power or remedy available to it, or to enforce the payment of the Indebtedness under the Loan Agreement, or to foreclose the lien and security interest of this Indenture as against all or any part of the Property and to have all or any part of the Property sold, in any manner permitted by law, under the judgment or decree of a court or courts of competent jurisdiction, or otherwise, and to pursue any other remedy available to it. If Beneficiary proceeds to foreclose the lien of this Indenture, Beneficiary Trustee shall have the statutory power of sale if permitted by applicable law. In the event of any such suit or proceeding, Beneficiary and/or Trustee shall comply with any local laws applicable to any such suits or proceedings. Any such suit or proceeding instituted by Trustee shall be brought in its name as Trustee and any recovery or judgement judgment shall be for the benefit of Beneficiary. All costs and expenses (including, without limitation, reasonable attorney's fees and expenses) incurred by Trustee or Beneficiary in connection with any such suit or proceeding, together with interest thereon (to the extent permitted by law) computed at the Default Rate from the date on which such costs or expenses are incurred to the date of payment thereof, shall constitute additional Indebtedness secured by this Indenture and shall be paid by Borrower to Trustee or Beneficiary, as the case may be, on demand.

Legal Proceedings and Foreclosure. If an Event of Default shall have occurred, Trustee or Beneficiary Grantee may proceed by suit or suits at law or in equity or by any other appropriate remedy to protect and enforce its rights hereunder, whether for the specific performance of any covenant or agreement contained herein, or for an injunction against the violation of any of the terms hereof, or in aid of the exercise of any right, power or remedy available to it, or to enforce the payment of the Indebtedness under the Loan Agreement, or to foreclose the lien estate created by this Indenture and the security interest of this Indenture as against all or any part of the Property and to have all or any part of the Property sold, in any manner permitted by law, under the judgment or decree of a court or courts of competent jurisdiction, or otherwise, and to pursue any other remedy available to it. If Beneficiary Grantee proceeds to foreclose the lien of this Indentureestate created hereby, Beneficiary Grantee shall have the statutory power of sale if permitted by applicable law. In the event of any such suit or proceeding, Beneficiary and/or Trustee Grantee shall comply with any local laws applicable to any such suits or proceedings. Any such suit or proceeding instituted by Trustee Grantee shall be brought in its name as Trustee Grantee and any recovery or judgement judgment shall be for the benefit of BeneficiaryGrantee. All costs and expenses (including, without limitation, reasonable attorney's fees and expenses) incurred by Trustee or Beneficiary Grantee in connection with any such suit or proceeding, together with interest thereon (to the extent permitted by law) computed at the Default Rate from the date on which such costs or expenses are incurred to the date of payment thereof, shall constitute additional Indebtedness secured by this Indenture and shall be paid by Borrower Grantor to Trustee or BeneficiaryGrantee, as the case may be, on demand.

Legal Proceedings and Foreclosure. If an Event of Default shall have occurredoccurred and be continuing, the Trustee or the Beneficiary may proceed by suit or suits at law or in equity or by any other appropriate remedy to protect and enforce its rights hereunder, whether for the specific performance of any covenant or agreement contained herein, or for an injunction against the violation of any of the terms hereof, or in aid of the exercise of any right, power or remedy available to it, or to enforce the payment of the Indebtedness under the Loan Agreement, or to foreclose the lien and security interest of this Indenture as against all or any part of the Property and to have all or any part of the Property sold, in any manner permitted by law, under the judgment or decree of a court or courts of competent jurisdiction, or otherwise, and to pursue any other remedy remedies available to it. If the Beneficiary proceeds to foreclose the lien of this Indenture, the Beneficiary shall have the statutory power of sale if permitted by applicable law. All rights of action under this Indenture may, if permitted by applicable law, be enforced by the Trustee or the Beneficiary without the possession of the Notes and without the production of the Notes, the Loan Agreement or this Indenture at any trial or other proceeding relative thereto. In the event of any such suit or proceeding, the Beneficiary and/or the Trustee shall comply with any local laws applicable to any such suits or proceedings. Any such suit or proceeding instituted by the Trustee shall be brought in its name as Trustee and any recovery or judgement judgment shall be for the benefit of the Beneficiary. All costs and expenses (including, without limitation, reasonable attorney's fees and expenses) incurred by the Trustee or the Beneficiary in connection with any such suit or proceeding, together with interest thereon (to the extent permitted by law) computed at the Default Rate from the date on which such costs or expenses are incurred to the date of payment thereof, shall constitute additional Indebtedness secured by this Indenture and shall be paid by Borrower the Trustor to the Trustee or the Beneficiary, as the case may be, on demand.