Mortgagee's Costs and Expenses. Upon the occurrence of any Event of Default or the proper exercise by Mortgagee of any Mortgagee's rights hereunder, or if any action or proceeding be commenced, to which action or proceeding Mortgagee is or becomes party or in which it becomes necessary to defend or uphold the lien of this Mortgage, or if the taking, holding or servicing of this Mortgage by Mortgagee is alleged to subject Mortgagee to any civil fine, or if Mortgagee's review and approval of any document is requested by Borrower or required by Mortgagee in connection therewith, then any fees incurred by Mortgagee in connection therewith (including any civil fines and attorneys' fees and disbursements) shall, after notice and demand, be paid by Borrower, or, if paid by Mortgagee, the amount thereof, together with interest thereon at the Default Rate (as such term is hereinafter defined) shall be added to the Indebtedness, payable on demand, and shall be secured by this Mortgage; and, in any action to foreclose this Mortgage, or to recover or collect the Indebtedness, the provisions of this Section 12 with respect to the recovery of costs, disbursements and allowances shall prevail unaffected by the provisions of any law with respect to the same to the extent that the provisions of this Section 12 are not violative thereof.
Appears in 3 contracts
Samples: Mortgage and Security Agreement (Ifs International Inc/De), Note And (Ifs International Inc/De), Extension and Security Agreement (Ifs International Inc/De)
Mortgagee's Costs and Expenses. Upon the occurrence of any Event of Default or the proper exercise by Mortgagee of any of Mortgagee's rights hereunder, or if any action or proceeding be commenced, to which action or proceeding Mortgagee is or becomes party or in which it becomes necessary to defend or uphold the lien of this Junior Mortgage, or if the taking, holding or servicing of this Junior Mortgage by Mortgagee is alleged to subject Mortgagee to any civil fine, or if Mortgagee's review and approval of any document is requested by Borrower Mortgagors or required by Mortgagee in connection therewithMortgagee, then any all reasonable costs, out-of-pocket expenses and fees incurred by Mortgagee in connection therewith (including any civil fines and reasonable attorneys' fees and disbursements) shall, after on notice and demand, be paid by Borrower, or, if paid by Mortgagee, the amount thereofMortgagors, together with interest thereon from the date of disbursement until paid at the Default Rate (as such term is hereinafter defined) and shall be added to a lien on the Indebtedness, payable on demand, Mortgaged Property and shall be secured by this Junior Mortgage; and, in any action to foreclose this Junior Mortgage, or to recover or collect the IndebtednessSecured Obligations, the provisions of this Section 12 Article 16 with respect to the recovery of costs, disbursements and allowances shall prevail unaffected by the provisions of any law with respect to the same to the extent that the provisions of this Section 12 Article 16 are not inconsistent therewith or violative thereof.
Appears in 2 contracts
Samples: Junior Mortgage and Security Agreement (Atlantic Gulf Communities Corp), Junior Mortgage and Security Agreement (Atlantic Gulf Communities Corp)
Mortgagee's Costs and Expenses. Upon the occurrence of any Event of Default or the proper exercise by Mortgagee of any of Mortgagee's rights hereunder, or if any action or proceeding be commenced, to which action or proceeding Mortgagee is or becomes party or in which it becomes necessary to defend or uphold the lien of this Mortgage, or if the taking, holding or servicing of this Mortgage by Mortgagee is alleged to subject Mortgagee to any civil fine, or if Mortgagee's review and approval of any document is requested by Borrower Mortgagor or required by Mortgagee in connection therewithMortgagee, then any all reasonable costs, out-of-pocket expenses and fees incurred by Mortgagee in connection therewith (including any civil fines and reasonable attorneys' fees and disbursements) shall, after on notice and demand, be paid by Borrower, or, if paid by Mortgagee, the amount thereofMortgagor, together with interest thereon from the date of disbursement until paid at the Default Rate (as such term is hereinafter defined) and shall be added to a lien on the Indebtedness, payable on demand, Mortgaged Property and shall be secured by this Mortgage; and, in any action to foreclose this Mortgage, or to recover or collect the IndebtednessSecured Obligations, the provisions of this Section 12 Article 16 with respect to the recovery of costs, disbursements and allowances shall prevail unaffected by the provisions of any law with respect to the same to the extent that the provisions of this Section 12 Article 16 are not inconsistent therewith or violative thereof.
Appears in 2 contracts
Samples: Mortgage and Security Agreement (Atlantic Gulf Communities Corp), Mortgage and Security Agreement (Atlantic Gulf Communities Corp)