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

Mortgagee's Costs and Expenses. Mortgagor shall pay all costs, fees and expenses of Mortgagee, its agents and counsel, in 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 attorney’s and paralegals’ fees, costs and expenses, including those in connection with appellate proceedings, incurred by Mortgagee in any proceedings involving the estate of a decedent or an insolvent, or in any action, legal proceeding or dispute of any kind in which Mortgagee is a plaintiff or defendant, affecting the 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 protect the security hereof; and any such amounts paid by Mortgagee shall be secured by this Mortgage. If Mortgagor shall default in the payment of any tax, 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 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 tax, lien, assessment, charge, claim, premium and obligation, of the necessity for any such actions and of the amount necessary to be paid in satisfaction thereof. Mortgagee is hereby empowered to enter and to authorize others to enter upon the Property or any part thereof for the purpose of performing or observing any such defaulted covenant, condition or term, without thereby becoming liable to Mortgagor or any 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 person or entity 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 shall pay all costsfail to make any payment of Obligations when the same shall be due and payable, fees or shall fail to perform any of the Obligations under this Mortgage or any other Loan Document, 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 lien or priority of this Mortgage or any action or proceeding is commenced to which Mortgagee is or becomes a party, or (d) the taking, holding or servicing of this Mortgage by Mortgagee is alleged to subject Mortgagee to any civil or criminal fine or penalty based on the taking, holding or servicing of this Mortgage and expenses not based on any other wrongful act or omission of Mortgagee, its agents and counselor (e) Mortgagee's review or approval of any document, including, but without limiting the generality of the foregoing, any Lease, is requested by Mortgagor or reasonably required by Mortgagee, then, in 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 attorney’s and paralegals’ fees, costs and expenses, including those in connection with appellate proceedings, incurred by Mortgagee in any proceedings involving the estate of a decedent or an insolvent, or in any action, legal proceeding or dispute of any kind in which Mortgagee is a plaintiff or defendant, affecting the 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 protect the security hereof; and any such amounts paid by Mortgagee shall be secured by this Mortgage. If Mortgagor shall default in the payment of any taxevent, lienall such reasonable costs, 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 expenses 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 fees incurred by Mortgagee in connection therewiththerewith (including, but without limiting the generality of the foregoing, any civil or criminal fines or penalties and attorneys' fees, reasonable costs and disbursements): (i) shall be secured hereby deemed to be Obligations, (ii) shall be a lien on the Mortgaged Property prior to any right or title to, interest in, or claim upon the Mortgaged Property subordinate to the lien of this Mortgage, and (iii) shall bebe payable, without within ten (10) days after written demand, immediately repaid by Mortgagor to Mortgagee together with interest thereon at the Default Rate as described in Interest Rate, from the Notedate of such demand for payment by Mortgagee to the date of repayment. Mortgagee In any action to foreclose this Mortgage or to recover or collect the Obligations or any portion thereof, the provisions of this Article with respect to the recovery of reasonable costs, expenses, disbursements and penalties shall be prevail unaffected by the sole judge of the legality, validity and priority provisions of any such tax, lien, assessment, charge, claim, premium and obligation, Legal Requirement with respect to the same to the extent that the provisions of the necessity for any such actions and of the amount necessary to be paid in satisfaction this Article are not inconsistent therewith or violative thereof. Mortgagee is hereby empowered to enter and to authorize others to enter upon the Property or any part thereof for the purpose of performing or observing any such defaulted covenant, condition or term, without thereby becoming liable to Mortgagor or any 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 person or entity 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. Mortgagor shall pay all costs, fees If (a) upon the occurrence and expenses during the continuance of Mortgagee, its agents and counsel, in connection with the performance any Event of Mortgagee’s obligations, duties, rights, options and permitted actions hereunder. Mortgagor will pay or reimburse Mortgagee upon demand for all reasonable attorney’s and paralegals’ fees, costs and expenses, including those in connection with appellate proceedings, incurred by Mortgagee in any proceedings involving the estate of a decedent or an insolventDefault, or (b) Mortgagee shall exercise any of its rights or remedies hereunder, or (c) any action or proceeding is commenced in which it becomes necessary to defend or uphold the Lien or priority of this Mortgage or any action, legal action or proceeding or dispute of any kind in is Commenced to which Mortgagee is or becomes a plaintiff party, or defendant(d) the taking, affecting the indebtedness secured hereby holding or the Property or Collateral, servicing of this Mortgage by Mortgagee is alleged to subject Mortgagee to any civil or criminal fine or penalty, or (e) Mortgagee's review and approval of any document, including, but without limiting the interest created hereingenerality of the foregoing, any condemnation action involving the Property Lease, is requested by Mortgagor or any action to protect the security hereof; and required by Mortgagee, then, in any such amounts paid by Mortgagee shall be secured by this Mortgage. If Mortgagor shall default in the payment of any taxevent, lienall actual reasonable costs, 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 expenses 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 fees incurred by Mortgagee in connection therewiththerewith (including, but without limiting the generality of the foregoing, any civil or criminal fines or penalties and reasonable attorneys' fees, costs and disbursements) (i) shall be secured hereby deemed to be Secured Indebtedness, and (ii) shall bebe payable, without promptly on demand, immediately repaid by Mortgagor to Mortgagee together with interest thereon at the Default Interest Rate as described (except that no interest shall be payable in the Note. Mortgagee shall be case of items incurred under clause (e) of this paragraph prior to any Event of Default), from the sole judge of the legality, validity and priority date of any such tax, lien, assessment, charge, claim, premium and obligation, payment by Mortgagee to the date of repayment to Mortgagee. In any action to foreclose this Mortgage or to recover or collect the necessity for any such actions and of the amount necessary to be paid in satisfaction thereof. Mortgagee is hereby empowered to enter and to authorize others to enter upon the Property Secured Indebtedness or any part thereof for portion thereof, the purpose provisions of performing this Article with respect to the recovery of costs, expenses, disbursements and penalties shall prevail unaffected by 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 observing any such defaulted covenant, condition or term, without thereby becoming liable to Mortgagor or any 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 person or entity to perform any acts authorized by this Section or to incur any expense, make any appearance or take any other actionviolative thereof.

Mortgagee's Costs and Expenses. Mortgagor shall pay all costs, fees and expenses of Mortgagee, its agents and counsel, in connection with the performance of Mortgagee’s 's obligations, duties, rights, options and permitted actions hereunder. Mortgagor will pay or reimburse Mortgagee upon demand for all reasonable attorney’s 's and paralegals’ ' fees, costs and expenses, including those in connection with appellate proceedings, incurred by Mortgagee in any proceedings involving the estate of a decedent or an insolvent, or in any action, legal proceeding or dispute of any kind in which Mortgagee is a plaintiff or defendant, affecting the 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 protect the security hereof; and any such amounts paid by Mortgagee shall be secured by this Mortgage. If Mortgagor shall default in the payment of any tax, 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 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 tax, lien, assessment, charge, claim, premium and obligation, of the necessity for any such actions and of the amount necessary to be paid in satisfaction thereof. Mortgagee is hereby empowered to enter and to authorize others to enter upon the Property or any part thereof for the purpose of performing or observing any such defaulted covenant, condition or term, without thereby becoming liable to Mortgagor or any 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 person or entity 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 shall pay all costs, fees fail to make any payment of Indebtedness when the same shall be due and expenses of Mortgagee, its agents and counsel, in 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 attorney’s and paralegals’ fees, costs and expenses, including those in connection with appellate proceedings, incurred by Mortgagee in payable (subject to any proceedings involving the estate of a decedent or an insolventapplicable grace period), or shall fail to perform (subject to any applicable grace period) any of the Obligations, or (b) Mortgagee shall exercise any of its rights or remedies hereunder, or (c) any action or proceeding is commenced in which it becomes necessary to defend or uphold the lien or priority of this Mortgage or any action, legal action or proceeding or dispute of any kind in is commenced to which Mortgagee is or becomes a plaintiff party arising out of or defendantrelated to, affecting directly or indirectly, the indebtedness secured hereby Loan (as such term is defined in the Credit Agreement), or (d) the Property taking, holding or Collateral, servicing of this Mortgage by or the interest created hereinon behalf of Mortgagee is alleged to subject Mortgagee to any civil or criminal fine or penalty then, any condemnation action involving the Property or any action to protect the security hereof; and in any such amounts paid by Mortgagee shall be secured by this Mortgage. If Mortgagor shall default in the payment of any taxevent, lienall such costs, 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 expenses 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 fees incurred by Mortgagee in connection therewiththerewith (including, but without limiting the generality of the foregoing, any civil or criminal fines or penalties and reasonable attorneys' fees, costs and disbursements) (i) shall be secured hereby deemed to be Indebtedness, (ii) shall be a lien on the Property prior to any right or title to, interest in, or claim upon, the Property subordinate to the lien of this Mortgage, and (iii) shall bebe payable, without on demand, immediately repaid by Mortgagor to Mortgagee together with interest thereon at the Default Base Rate (as described defined in Credit Agreement) plus two percent (2%) from the Note. Mortgagee shall be the sole judge of the legality, validity and priority date of any such taxpayment by Mortgagee to the date of repayment to Mortgagee. In any action to enforce any remedy under this Mortgage, lienincluding, assessment, charge, claim, premium and obligation, but without limiting the generality of the necessity for any such actions and foregoing, sale of the amount necessary Property at foreclosure or otherwise, or to be paid in satisfaction recover or collect the Indebtedness or any portion thereof. Mortgagee is hereby empowered , the provisions of this Article 6 with respect to enter the recovery of costs, expenses, disbursements and to authorize others to enter upon penalties shall prevail unaffected by the provisions of any present and future laws, statutes, codes, ordinances, orders, judgments, decrees, injunctions, rules, regulations, restrictions and requirements of every governmental authority having jurisdiction over Mortgagor or the Property with respect to the same to the extent that the provisions of this Article 6 are not inconsistent therewith or any part thereof for the purpose of performing or observing any such defaulted covenant, condition or term, without thereby becoming liable to Mortgagor or any 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 person or entity to perform any acts authorized by this Section or to incur any expense, make any appearance or take any other actionviolative thereof.

Mortgagee's Costs and Expenses. Mortgagor shall pay all costs, fees and expenses of Mortgagee, its agents and counsel, in connection with the performance of Mortgagee’s 's obligations, duties, rights, options and permitted actions hereunder. Mortgagor will pay or reimburse Mortgagee upon demand for all reasonable attorney’s 's and paralegals’ ' fees, costs and expenses, including those in connection with appellate proceedings, incurred by Mortgagee in any proceedings involving the estate of a decedent or an insolvent, or in any action, legal proceeding or dispute of any kind in which Mortgagee is a plaintiff or defendant, affecting the 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 protect the security hereof; and any such amounts paid by Mortgagee shall be secured by this Mortgage. If Mortgagor shall default in the payment of any tax, 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 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 tax, lien, assessment, charge, claim, premium and obligation, of the necessity for any such actions and of the amount necessary to be paid in satisfaction thereof. Mortgagee is hereby empowered to enter and to authorize others to enter upon the Property or any part thereof for the purpose of performing or observing any such defaulted covenant, condition or term, without thereby becoming liable to Mortgagor or any 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 person or entity to perform any acts authorized by this Section or to incur any expense, make any appearance or take any other action. As used herein, the term "reasonable attorney's fees" shall include support staff costs, and the term "costs and expenses" shall include, without limitation, the amounts expended in litigation preparation and computerized research, telephone and telefax expenses, mileage, depositions, postage, photocopies, process service, videotapes and the like.