Common use of Proceeds of Foreclosure Clause in Contracts

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 Mortgagee Trustee or Holder 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 expensesexpenses (including the market value of services provided by in-house counsel), advertising costs, auctioneers’ auctioneer’s fees, costs of title rundowns and rundowns, lien searches, trustee’s sale guaranties, foreclosure sale guaranties, litigation guaranties and/or other title policies and endorsements, inspection fees, appraisal costs, fees for professional services, environmental assessment and remediation fees, all court costs and charges of every character, and the maximum fee legally permitted, or a reasonable fee when the law provides no maximum limit, to Trustee acting under the provisions of clause (c) of Section 5.1 hereof if foreclosed by power of sale as provided in said clause (c), 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 Loan and the amounts due and unpaid and owed to Mortgagee Xxxxxx and Lenders under this MortgageDeed of Trust, the order and manner of application to the items in this clause FIRST to be in MortgageeHolder’s sole discretion; and SECOND, the remainder, if any there shall beany, shall be paid to MortgagorGrantor, or to MortgagorGrantor’s representatives, successors or assigns, or such other persons or entities (including the Mortgagee holder or beneficiary of any inferior lien) as may be entitled thereto by law; provided, however, that if Mortgagee Holder is uncertain which person or persons are so entitled, Mortgagee Holder, on behalf of itself and Lenders, 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 Mortgagee Trustee or Holder 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 expensesexpenses (including the market value of services provided by in-house counsel), advertising costs, auctioneers’ auctioneer’s fees, costs of title rundowns and rundowns, lien searches, trustee’s sale guaranties, foreclosure sale guaranties, litigation guaranties and/or other title policies and endorsements, inspection fees, appraisal costs, fees for professional services, environmental assessment and remediation fees, all court costs and charges of every character, and the maximum fee legally permitted, or a reasonable fee when the law provides no maximum limit, to Trustee acting under the provisions of clause (c) of Section 5.1 hereof if foreclosed by power of sale as provided in said clause (c), 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 Loan and the amounts due and unpaid and owed to Mortgagee Holder and Lenders under this MortgageDeed of Trust, the order and manner of application to the items in this clause FIRST to be in MortgageeHolder’s sole discretion; and SECOND, the remainder, if any there shall beany, shall be paid to MortgagorGrantor, or to MortgagorGrantor’s representatives, successors or assigns, or such other persons or entities (including the Mortgagee holder or beneficiary of any inferior lien) as may be entitled thereto by law; provided, however, that if Mortgagee Holder is uncertain which person or persons are so entitled, Mortgagee Holder, on behalf of itself and Lenders, 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 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.. February-16-2012

Proceeds of Foreclosure. The proceeds of any sale held by Mortgagee Grantee or its trustee or Holder 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’ auctioneer’s 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 a reasonable fee (not exceeding five percent (5%) of the gross proceeds of such sale or any lesser maximum amount set by applicable law) to Grantee or its trustee acting under the provisions of paragraph (c) 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 reasonable attorneys’ fees due and unpaid on the Note and the amounts due and unpaid and owed to Mortgagee Holder under this MortgageDeed of Trust, the order and manner of application to the items in this clause FIRST to be in MortgageeHolder’s sole discretion; and SECOND, the remainder, if any there shall be, shall be paid to MortgagorGrantor, or to MortgagorGrantor’s heirs, devisees, representatives, successors or assigns, or such other persons or entities (including the Mortgagee holder or beneficiary of any inferior lien) as may be entitled thereto by law; provided, however, that if Mortgagee Holder is uncertain which person or persons are so entitled, Mortgagee Holder may deposit or 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 Mortgagee Trustee or Holder 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’ auctioneer's fees, costs of title rundowns and lien searches, inspection fees, appraisal costs, reasonable fees for professional services, environmental assessment and remediation fees, 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 (c) 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 reasonable attorneys’ ' fees due and unpaid on the Promissory Note and the amounts due and unpaid and owed to Mortgagee Holder under this MortgageAmended and Restated Deed of Trust, the order and manner of application to the items in this clause FIRST to be in Mortgagee’s Holder's sole discretion; and SECOND, the remainder, if any there shall be, shall be paid to MortgagorGrantor, or to Mortgagor’s Grantor's heirs, devisees, representatives, successors or assigns, or such other persons or entities (including the Mortgagee holder or beneficiary of any inferior lien) as may be entitled thereto by law; provided, however, that if Mortgagee Holder is uncertain which person or persons are so entitled, Mortgagee Holder 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 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 NL 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 's sole discretion; and SECOND, the remainder, if any there shall be, shall be paid to Mortgagor, or to Mortgagor’s '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 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’ auctioneer’s 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 Loan and the amounts due and unpaid and owed to Mortgagee under this MortgageMortgage and the amounts due and unpaid and owed to Mortgagee (or its Affiliates) under any Swap Contracts, 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 heirs, devisees, representatives, successors or assigns, or such other persons or entities (including the Mortgagee holder 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 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’ auctioneer's 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 Holder under this MortgageMortgage and the amounts due and unpaid and owed to Holder (or its affiliates) under any Swap Transaction, the order and manner of application to the items in this clause FIRST to be in Mortgagee’s Xxxxxx's sole discretion; and SECOND, the remainder, if any there shall be, shall be paid to Mortgagor, or to Mortgagor’s 's heirs, devisees, representatives, successors or assigns, or such other persons or entities (including the Mortgagee holder or beneficiary of any inferior lien) as may be entitled thereto by law; provided, however, that if Mortgagee Holder is uncertain which person or persons are so entitled, Mortgagee Holder 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 Mortgagee Trustee or Holder 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’ auctioneer's 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 a reasonable fee (not exceeding five percent (5%) of the gross proceeds of such sale) to Trustee acting under the provisions of paragraph (c) 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 reasonable attorneys’ ' fees due and unpaid on the Note Notes and the amounts due and unpaid and owed to Mortgagee Holder under this MortgageDeed of Trust, the order and manner of application to the items in this clause FIRST to be in Mortgagee’s Holder's sole discretion; and SECOND, the remainder, if any there shall be, shall be paid to MortgagorGrantor, or to Mortgagor’s Grantor's heirs, devisees, representatives, successors or assigns, or such other persons or entities (including the Mortgagee holder or beneficiary of any inferior lien) as may be entitled thereto by law; provided, however, that if Mortgagee Holder is uncertain which person or persons are so entitled, Mortgagee Holder 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 Mortgagee the Trustee or Administrative Lender or any receiver or public officer in foreclosure of the liens and security interests evidenced hereby shall be applied in such order of priority as Administrative Lender may elect, in its sole discretion, which may include the application thereof in accordance with the requirements of applicable laws and to the extent consistent therewithfollowing: 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 a reasonable fee (not exceeding five percent (5%) of the gross proceeds of such sale) to the Trustee acting under the provisions of paragraph (c) 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 reasonable attorneys’ ' fees due and unpaid on the Note Notes and on the Credit Agreement and the amounts due and unpaid and owed to Mortgagee Administrative Lender under this Mortgage, the order and manner of application to the items in this clause FIRST to be in Mortgagee’s Administrative Lender's sole discretion; and SECOND, unless otherwise required by applicable law, the remainder, if any there shall be, shall be paid to MortgagorGrantor, or to Mortgagor’s Grantor's heirs, devisees, representatives, successors or assigns, or such other persons or entities (including the Mortgagee Administrative Lender or beneficiary of any inferior lien) as may be entitled thereto by law; provided, however, that if Mortgagee Administrative Lender is uncertain which person or persons are so entitled, Mortgagee Administrative Lender 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 Mortgagee Trustee or Holder 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’ auctioneer's fees, costs of title rundowns and lien searches, inspection fees, appraisal costs, reasonable fees for professional services, environmental assessment and remediation fees, 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 (c) 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 reasonable attorneys’ ' fees due and unpaid on the Promissory Note and the amounts due and unpaid and owed to Mortgagee Holder under this MortgageCounty Deed of Trust, the order and manner of application to the items in this clause FIRST to be in Mortgagee’s Xxxxxx's sole discretion; and SECOND, the remainder, if any there shall be, shall be paid to MortgagorGrantor, or to Mortgagor’s Grantor's heirs, devisees, representatives, successors or assigns, or such other persons or entities (including the Mortgagee holder or beneficiary of any inferior lien) as may be entitled thereto by law; provided, however, that if Mortgagee Holder is uncertain which person or persons are so entitled, Mortgagee Holder 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 Mortgagee Trustee or Holder 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’ auctioneer's 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 a reasonable fee (not exceeding five percent (5%) of the gross proceeds of such sale) to Trustee acting under the provisions of paragraph (c) 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 reasonable attorneys’ ' fees due and unpaid on the Note and the amounts due and unpaid and owed to Mortgagee Holder under this MortgageDeed of Trust, the order and manner of application to the items in this clause FIRST to be in Mortgagee’s Holder's sole discretion; and SECOND, the remainder, if any there shall be, shall be paid to MortgagorGrantor, or to Mortgagor’s Grantor's heirs, devisees, representatives, successors or assigns, or such other persons or entities (including the Mortgagee holder or beneficiary of any inferior lien) as may be entitled thereto by law; provided, however, that if Mortgagee Holder is uncertain which person or persons are so entitled, Mortgagee Holder 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 Mortgagee Administrative Agent 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 Laws and to the extent consistent therewiththerewith as follows: (i) FIRST, to the payment of all necessary out of pocket reasonable and documented costs and MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT, AND FINANCING STATEMENT- Page 29 DAL 79534929v8 expenses incident to such foreclosure sale, including but not limited to all reasonable and documented attorneys’ ' fees and legal expenses, advertising costs, auctioneers’ auctioneer's 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, character and to the payment of the other Secured Indebtedness, including specifically without limitation the principal, accrued interest and reasonable and documented attorneys’ ' fees due and unpaid on the Note Loan and the amounts due and unpaid and owed to Mortgagee Administrative Agent under this Mortgage, Mortgage the order and manner of application to the items in this clause FIRST to be (all with interest at the rate per annum provided in Mortgagee’s the Loan Agreement all in Administrative Agent's sole discretion; and (ii) SECOND, the remainder, if any there shall beany, shall be paid to Mortgagor, or to Mortgagor’s representatives, 's successors or assigns, or such other persons or entities (including the Mortgagee Administrative Agent or beneficiary of any inferior lien) as may be entitled thereto by law; provided, however, that if Mortgagee Administrative Agent is uncertain which person or persons are so entitled, Mortgagee Administrative Agent 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 Mortgagee Trustee or Holder 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’ auctioneer's fees, costs of title rundowns and lien searches, inspection fees, appraisal costs, reasonable fees for professional services, environmental assessment and remediation fees, 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 (c) 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 reasonable attorneys’ ' fees due and unpaid on the Promissory Note and the amounts due and unpaid and owed to Mortgagee Holder under this MortgageCounty Deed of Trust, the order and manner of application to the items in this clause FIRST to be in Mortgagee’s Holder's sole discretion; and SECOND, the remainder, if any there shall be, shall be paid to MortgagorGrantor, or to Mortgagor’s Grantor's heirs, devisees, representatives, successors or assigns, or such other persons or entities (including the Mortgagee holder or beneficiary of any inferior lien) as may be entitled thereto by law; provided, however, that if Mortgagee Holder is uncertain which person or persons are so entitled, Mortgagee Holder 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 Mortgagee Trustee or Holder 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’ auctioneer's fees, costs of title rundowns and lien searches, inspection fees, appraisal costs, reasonable fees for professional services, environmental assessment and remediation fees, 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 (c) 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 reasonable attorneys’ ' fees due and unpaid on the Note Promissory Notes and the amounts due and unpaid and owed to Mortgagee Holder under this MortgageCounty Deed of Trust, the order and manner of application to the items in this clause FIRST to be in Mortgagee’s Holder's sole discretion; and SECOND, the remainder, if any there shall be, shall be paid to MortgagorGrantor, or to Mortgagor’s Grantor's heirs, devisees, representatives, successors or assigns, or such other persons or entities (including the Mortgagee holder or beneficiary of any inferior lien) as may be entitled thereto by law; provided, however, that if Mortgagee Holder is uncertain which person or persons are so entitled, Mortgagee Holder 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 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 therewithapplied: 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 and actual attorneys’ ' fees and legal expenses, advertising costs, auctioneers’ auctioneer's 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 Indebtednesssecured 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 's sole ----- discretion; and SECOND, the remainder, if any there shall be, shall be paid to ------ Mortgagor, or to Mortgagor’s 's heirs, devisees, representatives, successors or assigns, or such other persons or entities (including the Mortgagee holder 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 secured indebtedness and shall be reimbursable (without limitation) from such remainder.

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 therewithapplied: 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 publication fees and costs, and to the payment of the other Secured Indebtednesssecured 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 's sole ----- discretion; and SECOND, the remainder, if any there shall be, shall be paid to ------ Mortgagor, or to Mortgagor’s 's heirs, devisees, representatives, successors or assigns, or such other persons or entities (including the Mortgagee holder 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 secured indebtedness and shall be reimbursable (without limitation) from such remainder.

Proceeds of Foreclosure. The proceeds of any sale held by Mortgagee Trustee or Holder 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’ auctioneer's fees, costs of title rundowns and lien searches, inspection fees, appraisal costs, reasonable fees for professional services, environmental assessment and remediation fees, 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 (c) 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 reasonable attorneys’ ' fees due and unpaid on the Note Promissory Notes and the amounts due and unpaid and owed to Mortgagee Holder under this MortgageCounty Deed of Trust, the order and manner of application to the items in this clause FIRST to be in Mortgagee’s Xxxxxx's sole discretion; and SECOND, the remainder, if any there shall be, shall be paid to MortgagorGrantor, or to Mortgagor’s Grantor's heirs, devisees, representatives, successors or assigns, or such other persons or entities (including the Mortgagee holder or beneficiary of any inferior lien) as may be entitled thereto by law; provided, however, that if Mortgagee Holder is uncertain which person or persons are so entitled, Mortgagee Holder 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.