Proceeds of Foreclosure. The proceeds of any sale held by Mortgagee or any receiver or public officer in foreclosure of the liens and security interests evidenced hereby shall be applied in accordance with the requirements of applicable laws and to the extent consistent therewith: FIRST, to the payment of all necessary out of pocket costs and expenses incident to such foreclosure sale, including but not limited to all reasonable attorneys’ fees and legal expenses, advertising costs, auctioneers’ fees, costs of title rundowns and lien searches, inspection fees, appraisal costs, fees for professional services, environmental assessment and remediation fees, all court costs and charges of every character, and to the payment of the other Secured Indebtedness, including specifically without limitation the principal, accrued interest and reasonable attorneys’ fees due and unpaid on the Note and the amounts due and unpaid and owed to Mortgagee under this Mortgage, the order and manner of application to the items in this clause FIRST to be in Mortgagee’s sole discretion; and SECOND, the remainder, if any there shall be, shall be paid to Mortgagor, or to Mortgagor’s representatives, successors or assigns, or such other persons or entities (including the Mortgagee or beneficiary of any inferior lien) as may be entitled thereto by law; provided, however, that if Mortgagee is uncertain which person or persons are so entitled, Mortgagee may interplead such remainder in any court of competent jurisdiction, and the amount of any reasonable attorneys’ fees, court costs and out of pocket expenses incurred in such action shall be a part of the Secured Indebtedness and shall be reimbursable (without limitation) from such remainder.
Proceeds of Foreclosure. The proceeds of any sale held by Trustee or Grantee or any receiver or public officer in foreclosure of the liens and security interests evidenced hereby shall be applied: FIRST, to the payment of all necessary costs and expenses incident to such foreclosure sale, including but not limited to all reasonable attorneys' fees and legal expenses, all court costs and charges of every character, and a reasonable fee (not exceeding five percent (5%) of the gross proceeds of such sale) to Trustee acting under the provisions of paragraph (a) of Section 5.1 hereof if foreclosed by power of sale as provided in said paragraph, and to the payment of the other Secured Indebtedness, including specifically without limitation, the principal, accrued interest and attorneys' fees due and unpaid on the Loans and the amounts due and unpaid and owed to Grantee under this Deed of Trust, the order and manner of application to the items in this clause FIRST to be in Grantee's sole discretion; and SECOND, the remainder, if any there shall be, shall be paid to Grantor, or to Grantor's successors or assigns, or such other persons (including the holder or beneficiary of any inferior lien) as may be entitled thereto by law; provided, however, that if Grantee is uncertain which person or persons are so entitled, Grantee may interplead such remainder in any court of competent jurisdiction, and the amount of any attorneys' fees, court costs and expenses incurred in such action shall be a part of the Secured Indebtedness and shall be reimbursable (without limitation) from such remainder.
Proceeds of Foreclosure. The proceeds of any sale held by the Lender or any receiver or public officer in foreclosure of the liens and security interests under this Mortgage shall be applied: FIRST, to the payment of all necessary costs and expenses incident to such foreclosure sale, including but not limited to all attorneys’ fees and legal expenses, and a reasonable fee (not exceeding two percent (2%) of the gross proceeds of such sale) to the Lender if foreclosed by power of sale, and to the payment of the other secured indebtedness, including specifically without limitation the principal, accrued interest and attorneys’ fees due and unpaid on the Note and the amounts due and unpaid and owed to the Lender under this Mortgage, the order and manner of application to the items in this clause FIRST to be as provided in the Note or otherwise in the Lender’s sole discretion; and SECOND, the remainder, if any there shall be, shall be paid to the Borrower, or to such other persons as may be entitled to the remainder by law.
Proceeds of Foreclosure. The proceeds of any sale held in foreclosure of the mortgage lien evidenced hereby shall be applied as follows, except as otherwise required by applicable law: FIRST, to the payment of all necessary costs and expenses incident to such foreclosure sale, including but not limited to reasonable attorney’s fees, all court costs and charges of every character in the event foreclosed by suit or any judicial proceeding, if any; SECOND, to be applied to the payment of the secured obligations described herein up to the amount of the Maximum Liability; and THIRD, the remainder, if any there shall be, shall be paid to Mortgagor, or to Xxxxxxxxx’s successors or assigns, or such other Persons as may be entitled thereto by law.
Proceeds of Foreclosure. The proceeds of any sale held in foreclosure of the mortgage lien evidenced hereby shall be applied as follows, except as otherwise required by applicable law: FIRST, to the payment of all necessary costs and expenses incident to such foreclosure sale, including but not limited to reasonable attorney’s fees, all court costs and charges of every character in the event foreclosed by suit or any judicial proceeding, if any; SECOND, to be applied to the payment of the secured obligations; and THIRD, the remainder, if any there shall be, shall be paid to Mortgagor, or to Mortgagor’s successors or assigns, or such other Persons as may be entitled thereto by law.
Proceeds of Foreclosure. The proceeds of any sale held in ------------------------- foreclosure of the liens and/or security interests evidenced hereby shall be applied: FIRST, to the payment of all necessary costs and expenses incident to ----- such foreclosure sale, including but not limited to all court costs and charges of every character in the event foreclosed by suit or any judicial proceeding and including but not limited to a reasonable fee to the Trustee if such sale was made by the Trustee acting under the provisions of Section 4.4(a) and including but not limited to the compensation of the keeper, if any; SECOND, to the payment of the secured indebtedness (including ------ specifically without limitation the principal, interest and attorneys' fees due and unpaid on the Notes and the amounts due and unpaid and owed under this Mortgage) in such manner and order as Agent may elect; and THIRD, the remainder, if any there shall be, shall be paid to ----- Mortgagor, or to Mortgagor's heirs, devisees, representatives, successors or assigns, or such other persons as may be entitled thereto by law.
Proceeds of Foreclosure. The proceeds of any sale held in foreclosure of the mortgage lien evidenced hereby shall be applied as follows, except as otherwise required by applicable law: FIRST, to the payment of all necessary costs and expenses incident to such foreclosure sale, including but not limited to reasonable attorney’s fees, trustees’ or receivers’ fees, accountants’ fees, all court costs and charges of every character in the event foreclosed by suit or any judicial proceeding, if any; SECOND, to the payment of the secured obligations up to the amount of the Maximum Liability;
Proceeds of Foreclosure. The proceeds of any sale held in foreclosure of the liens and/or security interests evidenced hereby shall be applied:
Proceeds of Foreclosure. The proceeds of any sale held by any receiver or public officer in foreclosure of the liens evidenced hereby shall be applied by Assignee in its sole and uncontrolled discretion in any order and amount to the payment of all necessary costs and expenses incident to such foreclosure sale, including, but not limited to, all court costs, attorney fees and charges of every character and to the payment of the indebtedness secured hereby, to unpaid interest and unpaid principal thereon in such order and in such amounts as Assignee shall determine in its sole discretion; the remainder, if any, shall be paid to Assignor, its successors or assigns, as its interests may appear. Assignee shall have the right to become the purchaser at any sale held by any receiver or public officer, and Assignee shall have the right to credit upon the amount of the bid made therefor, to the extent necessary to satisfy such bid.
Proceeds of Foreclosure. The proceeds of any sale held in foreclosure or other enforcement of the liens or security interests created or evidenced hereby shall be applied as follows: FIRST, such proceeds shall be applied to the payment of all costs and expenses incident to such foreclosure sale or other enforcement, including all court costs and charges of every character in the event foreclosed by suit or any judicial proceeding under the provisions of Section 4.4.(a), but excluding attorneys’ fees; SECOND, such proceeds shall be applied to the payment of the secured indebtedness in accordance with the Credit Agreement (or shall be held as cash collateral in accordance therewith); and THIRD, the remainder, if any, of such proceeds shall be paid to Mortgagor, or to Mortgagor’s heirs, devisees, representatives, successors or assigns, or to such other Persons as may be entitled thereto by law.
