Common use of PROTECTION OF BENEFICIARY’S SECURITY Clause in Contracts

PROTECTION OF BENEFICIARY’S SECURITY. If Trustor fails to perform the covenants and agreements contained in this Deed of Trust or any other Loan Document, or if any action or proceeding is commenced which affects the Property or title thereto or the interest of Beneficiary therein, including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, Beneficiary at Beneficiary’s option may make such appearances, disburse such sums and take such action as Beneficiary deems reasonably necessary, in its sole discretion, to protect Beneficiary’s interest, including, but not limited to, (i) disbursement of attorney’s fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided herein, (iv) the payment of any taxes and/or assessments levied against the Property and then due and payable, and (v) payment of any other amounts contemplated in any of the Loan Documents. Any amounts disbursed by Beneficiary pursuant to this Section, with interest thereon, shall become additional indebtedness of Trustor secured by this Deed of Trust. Unless Trustor and Beneficiary agree to other terms of payment, such amounts shall be immediately due and payable upon demand and shall bear interest from the date of disbursement at the rate then applicable to principal under the Notes unless collection from Trustor of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Trustor under applicable law. Nothing contained in this Section or elsewhere in any of the Loan Documents shall require Beneficiary to incur any expense or take any action hereunder.

PROTECTION OF BENEFICIARY’S SECURITY. If Trustor Subject to the rights of Grantor under paragraph 15 hereof, if Grantor fails to perform or comply with any of the covenants and agreements contained in this Deed of Trust or any other Loan Document, or if any action or proceeding is commenced which affects the Property or title thereto Collateral or the interest of Trustee or Beneficiary therein, includingor the title thereto, but not limited tothen Beneficiary, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, Beneficiary at Beneficiary’s option option, may make perform such appearancescovenants and agreements, disburse defend against and/or investigate such sums and action or proceeding, and/or take such other action as Beneficiary reasonably deems reasonably necessary, in its sole discretion, necessary to protect Beneficiary’s interestits interests in the exercise of its judgment, includingincluding without limitation, but not limited to, (i) disbursement of attorney’s fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided herein, (iv) advancing funds for the payment of any taxes and/or assessments levied against taxes, levies or insurance costs with respect to the Property Collateral or to protect the Collateral from waste, damage or abuse. Beneficiary shall be entitled to rely on an opinion of counsel as to the legality, validity and then due and payable, and (v) payment priority of any other amounts contemplated in any claim, lien, encumbrance, tax, assessment, charge and premium paid by it and shall be the sole reasonable judge of the Loan Documentsamount necessary to be paid in satisfaction thereof. Any reasonable amounts or expenses disbursed or incurred by Beneficiary pursuant to this Sectionparagraph 18, or to otherwise enforce any provisions of this Deed of Trust, to preserve any of the rights, powers or privileges of Beneficiary granted or created hereby, or otherwise in order to protect the Collateral from waste, damage, or abuse, including, without limitation, reasonable attorney’s fees (including fees and costs incurred in any appeal), with interest thereonthereon as hereinafter stated, shall become additional indebtedness of Trustor Obligations secured by this Deed of TrustTrust with same effect and priority as if disbursed on or before the date this Deed of Trust is recorded. Unless Trustor Grantor and Beneficiary agree in writing to other terms of paymentrepayment, such amounts shall be immediately due and payable upon demand ten days’ written notice from Beneficiary, and shall bear interest from the date of disbursement at the a rate then applicable to principal under the Notes of ten (10%) per annum, unless collection from Trustor of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Trustor under applicable law. Beneficiary shall, at its option, be subrogated to the lien of any mortgage or other lien discharged in whole or in part by the Obligations or by Beneficiary under the provisions hereof, and any such subrogation rights shall be additional and cumulative security for this Deed of Trust. Nothing contained in this Section or elsewhere in any of the Loan Documents paragraph 18 shall require Beneficiary to incur any expense or take do any act hereunder, and Beneficiary shall not be liable to Grantor for any damages or claims arising out of action hereundertaken by Beneficiary in accordance with the provisions of this paragraph 18.

PROTECTION OF BENEFICIARY’S SECURITY. If Trustor fails to perform the covenants and agreements contained in this Deed of Trust or any other Loan DocumentInstrument, or if any action or proceeding is commenced which affects all or any portion of the Property or title thereto or the interest of Beneficiary therein, including, but not limited to, eminent domain, insolvency, building code enforcement, or arrangements or proceedings involving a bankrupt bankruptcy or decedent, Beneficiary then Beneficiary, at Beneficiary’s option option, may make such appearances, disburse such sums and take such action as Beneficiary deems reasonably necessary, in its sole discretion, to protect Beneficiary’s interest, including, but not limited toto (a) paying any sums secured by any undisclosed lien deemed to have priority over this Instrument, (ib) disbursement of attorney’s court fees, (iic) payment and disbursement of attorneys’ fees to protect Beneficiary’s interest in the Property and/or rights under this Instrument, (d) entry upon the Property to make repairsrepairs or otherwise to protect the same as security for the Secured Obligations, and (iiie) procurement of satisfactory insurance as provided herein, (iv) the payment of any taxes and/or assessments levied against the Property and then due and payable, and (v) payment of any other amounts contemplated in any of the Loan Documentsthis Instrument. Any amounts disbursed by Beneficiary pursuant to this Section, with interest thereon, Section 8 shall become additional indebtedness of Borrower and/or Trustor and shall be secured by this Deed of TrustInstrument. Unless Trustor and Beneficiary agree to other terms of payment, such amounts shall be immediately due and payable upon demand and shall bear interest from the date of disbursement at the default rate then applicable to principal under as provided in the Notes Note unless collection from Trustor of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Trustor under applicable law. Nothing Trustor hereby covenants and agrees that Beneficiary shall be subrogated to the lien of any mortgage or other lien discharged, in whole or in part, by any advances made by Beneficiary hereunder. The foregoing notwithstanding, nothing contained in this Section or elsewhere in any of the Loan Documents 8 shall require Beneficiary to incur any expense or take any action hereunder, and Beneficiary shall not incur any liability for either (i) failing to appear in any such proceedings or (ii) if Beneficiary does appear in any such proceedings, for failing to prosecute the matter to conclusion or for any errors in judgment made by Beneficiary in good faith.

PROTECTION OF BENEFICIARY’S SECURITY. a. If Trustor fails to perform the covenants and agreements Trustor Covenants or any obligations contained in this Deed of Trust Trust, or any other Loan Documentthe Note, if an Event of Default, as defined hereafter, occurs, or if any action or proceeding is commenced which materially affects the Property or title thereto or the interest of Beneficiary therein, including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, Beneficiary at Beneficiary’s interest in the Security, then Beneficiary, at its option and upon notice to Trustor, may make such appearances, disburse such sums and take such action as Beneficiary deems reasonably necessary, in its sole discretion, it determines necessary to protect Beneficiary’s interest, including, including but not limited to, (i) disbursement of reasonable attorney’s fees, (ii) entry upon fees and necessary repairs to the Property to make repairs, (iii) procurement of satisfactory insurance as provided herein, (iv) the payment of any taxes and/or assessments levied against the Property and then due and payable, and (v) payment of any other amounts contemplated in any of the Loan Documents. Security. b. Any amounts disbursed by Beneficiary pursuant to this Section, with interest thereon, shall Section will become additional an indebtedness of Trustor secured by this Deed of Trust. Unless Trustor and Beneficiary agree to other terms of payment, such amounts shall amount will be immediately due and payable upon demand notice from Beneficiary to Trustor requesting payment thereof, and shall will bear interest of ten percent (10%) from the date of disbursement at the rate then applicable to principal under the Notes unless collection from Trustor payment of interest at such rate would be contrary to applicable law, in which event such amounts shall will bear interest at the highest rate which may be collected from Trustor permissible under applicable law. Nothing contained in this Section or elsewhere in any of the Loan Documents shall require Beneficiary to incur insure any expense or take any action hereunder. c. In the event that Trustor fails to observe or perform any obligations or Trustor Covenants under this Deed of Trust, or the Note, then Beneficiary may hold Trustor in default, treat the occurrence as an Event of Default pursuant to this Deed of Trust, and take any actions available under this Deed of Trust, or the Note, including, but not limited to, acceleration of any payments due or sale of the Security, as provided for hereafter.

PROTECTION OF BENEFICIARY’S SECURITY. If Trustor fails to perform the covenants and agreements contained in any of its Indebtedness under this Deed of Trust Security Instrument or any other Loan Document, or if any action or proceeding is commenced which affects purports to affect the Property Mortgaged Property, Beneficiary’s security or title thereto or the interest of Beneficiary thereinBeneficiary’s rights under this Security Instrument, including, but not limited to, including eminent domain, insolvency, code enforcement, civil or arrangements criminal forfeiture, enforcement of Hazardous Materials Laws, fraudulent conveyance or reorganizations or proceedings involving a bankrupt or decedent, then Beneficiary at Beneficiary’s option and upon notice to Trustor may make such appearances, disburse such sums and take such action actions as Beneficiary reasonably deems reasonably necessary, in its sole discretion, necessary to perform such Indebtedness of Trustor and to protect Beneficiary’s interest, including, but not limited to, including (i) disbursement of attorney’s feesfees and out of pocket expenses of attorneys, accountants, inspectors and consultants, (ii) entry upon the Mortgaged Property to make repairsrepairs or secure the Mortgaged Property, (iii) procurement of satisfactory the insurance as provided hereincoverages required under the Loan Agreement, and (iv) the payment of any taxes and/or assessments levied against the Property and then due and payable, and (v) payment of any other amounts contemplated in any of the Loan Documentswhich Trustor has failed to pay under Section 9. Any amounts disbursed by Beneficiary pursuant to under this SectionSection 7, with interest thereonor under any other provision of this Security Instrument, or under any of the other Loan Documents, that treats such disbursement as being made under this Section 7, shall be added to, and become additional indebtedness part of Trustor secured by this Deed of Trust. Unless Trustor and Beneficiary agree to other terms of paymentthe Indebtedness, such amounts shall be immediately due and payable upon demand and shall bear interest from the date of disbursement until paid at the rate then applicable to principal under the Notes unless collection from Trustor of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Trustor under applicable lawDefault Rate. Nothing contained in this Section or elsewhere in any of the Loan Documents 7 shall require Beneficiary to incur any expense or take any action hereunderaction.

PROTECTION OF BENEFICIARY’S SECURITY. A. If Trustor Grantor fails to perform the covenants and agreements contained in this Deed of Trust or any other Loan DocumentInstrument, or if any action or proceeding is commenced which affects the Property or title thereto or the interest of Beneficiary therein, including, but not limited towithout limitation, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, Beneficiary then Beneficiary, at Beneficiary’s option 's option, may make such appearances, disburse such sums and take such action as Beneficiary deems reasonably necessary, in its sole discretion, to protect Beneficiary’s 's interest, including, but not limited towithout limitation, (i) disbursement of attorney’s attorneys' fees, (ii) entry upon the Property to make repairs, and (iii) procurement of satisfactory insurance insurances as provided herein, (iv) the payment of any taxes and/or assessments levied against the Property and then due and payable, and (v) payment of any other amounts contemplated in any of the Loan Documents. Section 4.04. B. Any amounts disbursed by Beneficiary pursuant to this Section, with interest thereon, shall become additional indebtedness of Trustor Grantor secured by this Deed of TrustInstrument. Unless Trustor Grantor and Beneficiary agree to other terms of payment, such amounts shall be immediately due and payable upon demand and shall bear interest from the date of disbursement at the rate then applicable to principal under stated in the Notes Note unless collection from Trustor Grantor of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest non-usurious rate which may be collected from Trustor Grantor under applicable law. Grantor covenants and agrees that Beneficiary shall be subrogated, if and to the extent permitted by applicable law, to the lien of any mortgage or other lien discharged, in whole or in part, by the Indebtedness. Nothing contained in this Section or elsewhere in any of the Loan Documents shall require Beneficiary to incur any expense or take any action hereunderunder this Instrument.

PROTECTION OF BENEFICIARY’S SECURITY. 22.1 If Trustor fails to perform the covenants and agreements contained in any of its Indebtedness under this Deed of Trust Security Instrument or any other Loan Document, or if any action or proceeding is commenced which affects purports to affect the Property Mortgaged Property, Beneficiary's security or title thereto or the interest of Beneficiary thereinBeneficiary's rights under this Security Instrument , including, but not limited to, including eminent domain, insolvency, code enforcement, civil or arrangements criminal forfeiture, enforcement of Hazardous Materials Laws, fraudulent conveyance or reorganizations or proceedings involving a bankrupt or decedent, then Beneficiary at Beneficiary’s 's option and upon notice to Trustor may make such appearances, disburse such sums and take such action actions as Beneficiary reasonably deems reasonably necessary, in its sole discretion, necessary to perform such Indebtedness of Trustor and to protect Beneficiary’s 's interest, including, but not limited to, including (i) disbursement of attorney’s feesfees and out of pocket expenses of attorneys, accountants, inspectors and consultants, (ii) entry upon the Mortgaged Property to make repairsrepairs or secure the Mortgaged Property, (iii) procurement of satisfactory the insurance as provided hereincoverages required under the Loan Agreement, and (iv) the payment of any taxes and/or assessments levied against the Property and then due and payable, and (v) payment of any other amounts contemplated in any of the Loan Documents. which Trustor has failed to pay under Section 9. 22.2 Any amounts disbursed by Beneficiary pursuant to under this SectionSection 7, with interest thereonor under any other provision of this Security Instrument , or under any of the other Loan Documents, that treats such disbursement as being made under this Section 7, shall be added to, and become additional indebtedness part of Trustor secured by this Deed of Trust. Unless Trustor and Beneficiary agree to other terms of paymentthe Indebtedness, such amounts shall be immediately due and payable upon demand and shall bear interest from the date of disbursement until paid at the rate then applicable to principal under the Notes unless collection from Trustor of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Trustor under applicable law. Default Rate. 22.3 Nothing contained in this Section or elsewhere in any of the Loan Documents 7 shall require Beneficiary to incur any expense or take any action hereunderaction.

PROTECTION OF BENEFICIARY’S SECURITY. (a) If Trustor Grantor fails to perform the covenants and agreements contained in this Deed of Trust or any other Loan DocumentTrust, or if any action or proceeding is commenced which affects the Property or title thereto or the interest of Beneficiary therein, including, but not limited to, including without limitation eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, Beneficiary Beneficiary, at Beneficiary’s option may make such appearances, disburse such sums and take such action as Beneficiary deems reasonably necessary, in its sole discretion, to protect Beneficiary’s interest, including, but not limited toincluding without limitation, (i) disbursement of attorney’s attorneys’ fees, (ii) entry upon the Property to make repairs, and (iii) procurement of satisfactory insurance as provided herein, . (ivb) the payment of any taxes and/or assessments levied against the Property and then due and payable, and (v) payment of any other amounts contemplated in any of the Loan Documents. Any amounts disbursed by Beneficiary pursuant to this Section, Section with interest thereon, shall become additional indebtedness of Trustor Grantor secured by this Deed of Trust. Unless Trustor Grantor and Beneficiary agree to other terms of payment, such amounts shall be immediately due and payable upon demand and shall bear interest from the date of disbursement at the rate then applicable to principal under stated in the Notes Note unless collection from Trustor Grantor of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest non-usurious rate which may be collected from Trustor Grantor under applicable law. Grantor covenants and agrees that Beneficiary shall be subrogated to the lien of any mortgage or other lien discharged, in whole or in part, by the Indebtedness. Nothing contained in this Section or elsewhere in any of the Loan Documents shall require Beneficiary to incur any expense or take any action hereunderunder this Deed of Trust.

PROTECTION OF BENEFICIARY’S SECURITY. (a) If Trustor Grantor fails to perform the covenants and agreements contained in this Deed of Trust or any other Loan DocumentTrust, or if any action or proceeding is commenced which affects the Property or title thereto or the interest of Beneficiary therein, including, but not limited to, including without limitation eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, Beneficiary then Beneficiary, at Beneficiary’s option 's option, may make such appearances, disburse such sums and take such action as Beneficiary deems reasonably necessary, in its sole discretion, to protect Beneficiary’s 's interest, including, but not limited to, . (ib) disbursement of attorney’s fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided herein, (iv) the payment of any taxes and/or assessments levied against the Property and then due and payable, and (v) payment of any other amounts contemplated in any of the Loan Documents. Any amounts disbursed by Beneficiary pursuant to this SectionSection 4.17, with interest thereon, shall become additional indebtedness of Trustor Grantor secured by this Deed of Trust. Unless Trustor Grantor and Beneficiary agree to other terms of payment, such amounts shall be immediately due and payable upon demand and shall bear interest from the date of disbursement at the rate then applicable to principal under stated in the Notes Note unless collection from Trustor Grantor of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest non-usurious rate which may be collected from Trustor Grantor under applicable law. Grantor covenants and agrees that Beneficiary shall be subrogated to the lien of any mortgage or other lien discharged, in whole or in part, by the Indebtedness. Nothing contained in this Section or elsewhere in any of the Loan Documents 4.17 shall require Beneficiary to incur any expense or take any action hereunderunder this Deed of Trust.