Legal Proceedings; Foreclosure. If an Event of Default shall have occurred, the Mortgagee at any time may, at its election, proceed at law or in equity or otherwise to enforce the payment and performance of the Secured Obligations in accordance with the terms hereof and thereof and to foreclose the lien of this Mortgage as against all or any part of the Collateral and to have the same sold under the judgment or decree of a court of competent jurisdiction. The Mortgagee shall be entitled to recover in such proceedings all costs incident thereto, including attorneys' fees and expenses in such amounts as may be fixed by the court.
Legal Proceedings; Foreclosure. (a) If an Event of Default shall have occurred and be continuing, the Beneficiary at any time may, at its election, proceed at law or in equity or otherwise to enforce the payment of the Obligations in accordance with the terms hereof and the other Loan Documents, foreclose this Deed of Trust and its security interests under the other Loan Documents as a mortgage and/or direct the Trustee to foreclose the Lien of this Deed of Trust as against all or any part of the Trust Premises and to have the same sold under the judgment or decree of a court of competent jurisdiction. Without limiting the foregoing, during the continuance of any Event of Default the Trustee may sell, assign, transfer and deliver the whole or, from time to time, any part of the Trust Premises, or any interest in any part thereof, at any private sale or at public auction, with or without demand, advertisement or notice, for cash, on credit or for other property, for immediate or future delivery, and for such price or prices and on such terms as the Beneficiary in its uncontrolled discretion may determine, or as may be required by Law.
Legal Proceedings; Foreclosure. If an Event of Default shall ------------------------------ have occurred and be continuing, the Beneficiary at any time may, at its election, proceed at law or in equity or otherwise to enforce the payment of the Secured Obligations in accordance with the terms hereof and thereof and to foreclose the lien of this Deed of Trust as against all or any part of the Collateral and to have the same sold under the judgment or decree of a court of competent jurisdiction. The Beneficiary shall be entitled to recover in such proceedings all costs incident thereto, including attorneys' fees and expenses in such amounts as may be fixed by the court.
Legal Proceedings; Foreclosure. If an Event of Default shall have occurred (other than an Event of default that has been waived in writing by Xxxxxx or confirmed as having been cured in writing by Lender), Lender at any time may, at Xxxxxx's sole discretion, proceed at law or in equity or otherwise to enforce the payment of the Obligations and the Trustee shall have the right to foreclose the Lien of this Instrument as against all or any part of the Collateral and to have the same sold under the judgment or decree of a court of competent jurisdiction. Xxxxxx and/or Trustee shall be entitled to recover in such proceedings all costs incident thereto, including, without limitation, reasonable attorneys' fees and expenses in such amounts as may be fixed by the court.
Legal Proceedings; Foreclosure. If an Event of Default shall ------------------------------ have occurred and be continuing, the Mortgagee at any time may, at its election, proceed at law or in equity or otherwise to enforce the payment of the Secured Obligations in accordance with the terms hereof and thereof and to foreclose the lien of this Mortgage as against all or any part of the Collateral and to have the same sold under the judgment or decree of a court of competent jurisdiction. The Mortgagee shall be entitled to recover in such proceedings all costs incident thereto, including attorneys' fees and expenses in such amounts as may be fixed by the court. If the Mortgagee commences a foreclosure action, the same shall be conducted pursuant to Wis. Stats. Chapter 846 (as the same may be amended from time to time).
Legal Proceedings; Foreclosure. If an Event of Default shall have occurred, the Trustee at any time may, at its election, proceed at law or in equity or otherwise to enforce the payment and performance of the Secured Obligations in accordance with the terms hereof and thereof and to foreclose the lien of this Deed of Trust as against all or any part of the Trust Premises and to have the same sold under the judgment or decree of a court of competent jurisdiction. The Beneficiary shall be entitled to recover in such proceedings all costs incident thereto, including the Trustee's fees and attorneys' fees and expenses in such amounts as may be fixed by the court.
Legal Proceedings; Foreclosure. If an Event of Default shall have occurred and be continuing, the Mortgagee at any time may, at its election and upon ten (10) days written notice to Mortgagor (unless the giving of such notice is precluded by law), proceed at law or in equity or otherwise to enforce the payment and performance of the Obligations in accordance with the terms hereof and thereof and to foreclose the this Mortgage in accordance with the laws of the State as against all or any part of the Collateral and to have the same sold under the judgment or decree of a court of competent jurisdiction. The Mortgagee shall be entitled to recover in such proceedings all costs incident thereto, including attorneys’ fees and expenses in such amounts as may be fixed by the court.
Legal Proceedings; Foreclosure. Lender shall have rights, benefits and remedies conferred or contemplated by the Deed of Trust Act. Notwithstanding the foregoing, Lender may, at its option in its sole discretion, elect to foreclose this Instrument judicially as authorized by A.R.S. § 33-807, as hereinafter provided. If an Event of Default shall have occurred (other than an Event of default that has been waived in writing by Xxxxxx or confirmed as having been cured in writing by Lender), Lender at any time may, at Xxxxxx’s sole discretion, proceed at law or in equity or otherwise to enforce the payment of the Obligations and the Trustee shall have the right to foreclose the Lien of this Instrument as against all or any part of the Collateral and to have the same sold under the judgment or decree of a court of competent jurisdiction. Xxxxxx and/or Trustee shall be entitled to recover in such proceedings all costs incident thereto, including, without limitation, reasonable attorneys’ fees and expenses in such amounts as may be fixed by the court.
