Common use of Mortgagee's Costs and Expenses Clause in Contracts

Mortgagee's Costs and Expenses. (a) Mortgagor will pay all filing, registration, and recording fees and all expenses incident to the preparation, execution, acknowledgement, filing and recording of this Mortgage, and any financing statements, releases, continuation statements, and any instruments of further assurance, and all federal, state, county and municipal stamp taxes and other taxes, duties, imposts, assessments, and charges arising out of or in connection with the execution and delivery of this Mortgage. Mortgagor shall further pay all reasonable costs and expenses of Mortgagee, including, without limitation, reasonable attorneys’ fees, for the release, discharge and satisfaction of this Mortgage and any other lien or encumbrance relating to this Mortgage, and the preparation of any and all documents necessary to effectuate the foregoing. (b) If any action is commenced to foreclose this Mortgage or to collect the Indebtedness, Mortgagor agrees to pay to Mortgagee all costs and expenses of every kind incurred by Mortgagee in connection with such action, which costs and expenses may be collected in such action and shall, to the extent permitted by law, be a lien on the Premises prior to any interest in, or claim upon the Premises arising subsequent to the lien hereof. “Costs and expenses” as used in the preceding sentence shall include, without limitation, the actual attorneys’ fees incurred by Mortgagee in retaining counsel for advice, suit, appeal, or any insolvency or other proceedings under the Federal Bankruptcy Code or otherwise.

Mortgagee's Costs and Expenses. (a) Mortgagor will shall pay all filingcosts, registration, and recording fees and all expenses incident to the preparation, execution, acknowledgement, filing and recording of this Mortgage, and any financing statements, releases, continuation statements, and any instruments of further assurance, and all federal, state, county and municipal stamp taxes and other taxes, duties, imposts, assessments, and charges arising out of or in connection with the execution and delivery of this Mortgage. Mortgagor shall further pay all reasonable costs and expenses of Mortgagee, includingits agents and counsel, without limitationin connection with the performance of Mortgagee’s obligations, duties, rights, options and permitted actions hereunder. Mortgagor will pay or reimburse Mortgagee upon demand for all reasonable attorneysattorney’s and paralegals’ fees, for costs and expenses, including those in connection with appellate proceedings, incurred by Mortgagee in any proceedings involving the releaseestate of a decedent or an insolvent, discharge and satisfaction of this Mortgage and or in any other lien action, legal proceeding or encumbrance relating to this Mortgage, and the preparation dispute of any and all documents necessary to effectuate kind in which Mortgagee is a plaintiff or defendant, affecting the foregoing. (b) If any action is commenced to foreclose indebtedness secured hereby or the Property or Collateral, this Mortgage or the interest created herein, any condemnation action involving the Property or any action to collect protect the Indebtednesssecurity hereof; and any such amounts paid by Mortgagee shall be secured by this Mortgage. If Mortgagor shall default in the payment of any tax, Mortgagor agrees to pay to Mortgagee lien, assessment or charge levied or assessed against the Property; in the payment of any utility charge, whether public or private; in the payment of any insurance premium; in the procurement of insurance coverage and the delivery of the insurance policies required hereunder; in the performance of any covenant, term or condition of any leases affecting all or any part of the Property; or in the performance or observance of any covenant, condition or term of this Mortgage; then Mortgagee, at its option, may perform or observe the same, and all payments made or costs and expenses of every kind incurred by Mortgagee in connection therewith, shall be secured hereby and shall be, without demand, immediately repaid by Mortgagor to Mortgagee with interest thereon at the Default Rate as described in the Note. Mortgagee shall be the sole judge of the legality, validity and priority of any such actiontax, which costs lien, assessment, charge, claim, premium and expenses may obligation, of the necessity for any such actions and of the amount necessary to be collected paid in such action satisfaction thereof. Mortgagee is hereby empowered to enter and shall, to the extent permitted by law, be a lien on the Premises prior authorize others to any interest in, or claim enter upon the Premises arising subsequent to Property or any part thereof for the lien hereof. “Costs and expenses” as used in the preceding sentence shall includepurpose of performing or observing any such defaulted covenant, condition or term, without limitation, the actual attorneys’ fees incurred by Mortgagee in retaining counsel for advice, suit, appeal, thereby becoming liable to Mortgagor or any insolvency other person in possession holding under Mortgagor. All rights of Mortgagee as set forth herein are rights to be exercised at the sole option and discretion of Mortgagee and Mortgagee shall have no duty to Mortgagor or any other proceedings under the Federal Bankruptcy Code person or otherwiseentity to perform any acts authorized by this Section or to incur any expense, make any appearance or take any other action.

Mortgagee's Costs and Expenses. If (a) Mortgagor will pay all filingshall fail to make any payment of Obligations when the same shall be due and payable, registrationor shall fail to perform any of the Obligations under this Mortgage or any other Loan Document, and recording fees and all expenses incident or (b) Mortgagee shall exercise any of its rights or remedies hereunder, or (c) any action or proceeding involving Mortgagor or any of the Mortgaged Property is commenced in which it becomes necessary to defend or uphold the preparation, execution, acknowledgement, filing and recording lien or priority of this MortgageMortgage or any action or proceeding is commenced to which Mortgagee is or becomes a party, and any financing statementsor (d) the taking, releases, continuation statements, and any instruments of further assurance, and all federal, state, county and municipal stamp taxes and other taxes, duties, imposts, assessments, and charges arising out of holding or in connection with the execution and delivery servicing of this Mortgage. Mortgagor shall further pay all reasonable costs and expenses of MortgageeMortgage by Mortgagee is alleged to subject Mortgagee to any civil or criminal fine or penalty based on the taking, including, without limitation, reasonable attorneys’ fees, for the release, discharge and satisfaction holding or servicing of this Mortgage and not based on any other lien wrongful act or encumbrance relating to this Mortgageomission of Mortgagee, and the preparation or (e) Mortgagee's review or approval of any and all documents necessary to effectuate document, including, but without limiting the generality of the foregoing. (b) If , any action Lease, is commenced to foreclose this Mortgage requested by Mortgagor or to collect the Indebtednessreasonably required by Mortgagee, Mortgagor agrees to pay to Mortgagee then, in any such event, all costs such reasonable costs, expenses and expenses of every kind fees incurred by Mortgagee in connection with such actiontherewith (including, which but without limiting the generality of the foregoing, any civil or criminal fines or penalties and attorneys' fees, reasonable costs and expenses may disbursements): (i) shall be collected in such action and shalldeemed to be Obligations, to the extent permitted by law, (ii) shall be a lien on the Premises Mortgaged Property prior to any right or title to, interest in, or claim upon the Premises arising subsequent Mortgaged Property subordinate to the lien hereofof this Mortgage, and (iii) shall be payable, within ten (10) days after written demand, together with interest thereon at the Interest Rate, from the date of such demand for payment by Mortgagee to the date of repayment. “Costs and expenses” as used in In any action to foreclose this Mortgage or to recover or collect the preceding sentence shall include, without limitationObligations or any portion thereof, the actual attorneys’ fees incurred provisions of this Article with respect to the recovery of reasonable costs, expenses, disbursements and penalties shall prevail unaffected by Mortgagee in retaining counsel for advice, suit, appeal, the provisions of any Legal Requirement with respect to the same to the extent that the provisions of this Article are not inconsistent therewith or any insolvency or other proceedings under the Federal Bankruptcy Code or otherwiseviolative thereof.