Common use of Power of Sale; Suits for Enforcement Clause in Contracts

Power of Sale; Suits for Enforcement. If an Event of Default shall occur and be continuing, Mortgagee, with or without entry, in its discretion, may: (a) sell, subject to any mandatory requirements of applicable law, the Trust Estate as an entirety, or in such parcels, as Mortgagee may determine, to the highest bidder at public auction at such place and at such time (which sale may be adjourned by Mortgagee from time to time in its discretion by announcement at the time and place fixed for such sale, without further notice) and upon such terms as Mortgagee may fix and briefly specify in a notice of sale to be published as required by law; or (b) proceed to protect and enforce its rights under this Mortgage by sale pursuant to judicial proceedings or by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Mortgage or in aid of the execution of any power granted in this Mortgage or for the foreclosure of this Mortgage or for the enforcement of any other legal, equitable or other remedy, as Mortgagee shall deem most effectual to protect and enforce any of the rights of Mortgagee; the failure to join tenants shall not be asserted as a defense to any foreclosure or proceeding to enforce the rights of Mortgagee.

Power of Sale; Suits for Enforcement. If an Event of Default shall occur and be continuing, Mortgagee, with or without entry, in its discretion, may: (a) sell, subject to any mandatory requirements of applicable law, the Trust Estate as an entirety, or in such parcels, as Mortgagee may determine, to the highest bidder at public auction at such place and at such time (which sale may be adjourned by Mortgagee from time to time in its discretion by announcement at the time and place fixed for such sale, without further notice) and upon such terms as Mortgagee may fix and briefly specify in a notice of sale to be published as required by law; or (b) proceed to protect and enforce its rights under this TCHI Note Guarantee Mortgage by sale pursuant to judicial proceedings or by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this TCHI Note Guarantee Mortgage or in aid of the execution of any power granted in this TCHI Note Guarantee Mortgage or for the foreclosure of this TCHI Note Guarantee Mortgage or for the enforcement of any other legal, equitable or other remedy, as Mortgagee shall deem most effectual to protect and enforce any of the rights of Mortgagee; the failure to join tenants shall not be asserted as a defense to any foreclosure or proceeding to enforce the rights of Mortgagee.

Power of Sale; Suits for Enforcement. If an Event of Default shall occur and be continuing, Mortgagee, with or without entry, in its discretion, may: (a) sell, subject to any mandatory requirements of applicable law, the Trust Estate as an entirety, or in such parcels, as Mortgagee may determine, to the highest bidder at public auction at such place and at such time (which sale may be adjourned by Mortgagee from time to time in its discretion by announcement at the time and place fixed for such sale, without further notice) and upon such terms as Mortgagee may fix and briefly specify in a notice of sale to be published as required by law; or (b) proceed to protect and enforce its rights under this Senior Guarantee Mortgage by sale pursuant to judicial proceedings or by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Senior Guarantee Mortgage or in aid of the execution of any power granted in this Senior Guarantee Mortgage or for the foreclosure of this Senior Guarantee Mortgage or for the enforcement of any other legal, equitable or other remedy, as Mortgagee shall deem most effectual to protect and enforce any of the rights of Mortgagee; the failure to join tenants shall not be asserted as a defense to any foreclosure or proceeding to enforce the rights of Mortgagee.