Common use of PROTECTION OF LENDER'S SECURITY Clause in Contracts

PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform any of its obligations under this Security Instrument or any other Loan Document, or any action or proceeding is commenced that purports to affect the Mortgaged Property, Lender’s security, rights or interests under this Security Instrument or any Loan Document (including eminent domain, insolvency, code enforcement, civil or criminal forfeiture, enforcement of Environmental Laws, fraudulent conveyance or reorganizations or proceedings involving a debtor or decedent), Lender may, at its option, make such appearances, disburse or pay such sums and take such actions, whether before or after an Event of Default or whether directly or to any receiver for the Mortgaged Property, as Lender reasonably deems necessary to perform such obligations of Borrower and to protect the Mortgaged Property or Lender’s security, rights or interests in the Mortgaged Property or the Mortgage Loan, including: (a) paying fees and out-of-pocket expenses of attorneys, accountants, inspectors and consultants; (b) entering upon the Mortgaged Property to make repairs or secure the Mortgaged Property; (c) obtaining (or force-placing) the insurance required by the Loan Documents; and (d) paying any amounts required under any of the Loan Documents that Borrower has failed to pay. Any amounts so disbursed or paid by Lender shall be added to, and become part of, the principal balance of the Indebtedness, be immediately due and payable and bear interest at the Default Rate from the date of disbursement until fully paid. The provisions of this Section 4 shall not be deemed to obligate or require Lender to incur any expense or take any action.

PROTECTION OF LENDER'S SECURITY. If Except when Borrower has exercised Borrower’s rights under §6 above, if Borrower fails to perform any the covenants and agreements contained in this Deed of its obligations under this Security Instrument or any other Loan DocumentTrust, or if a default occurs in a prior lien, or if any action or proceeding is commenced that purports to affect which materially affects Lender’s interest in the Mortgaged Property, then Lender, at Lender’s security, rights or interests under this Security Instrument or any Loan Document (including eminent domain, insolvency, code enforcement, civil or criminal forfeiture, enforcement of Environmental Laws, fraudulent conveyance or reorganizations or proceedings involving a debtor or decedent), Lender may, at its option, with notice to Borrower if required by law, may make such appearances, disburse or pay such sums and take such actions, whether before or after an Event of Default or whether directly or to any receiver for the Mortgaged Property, action as Lender reasonably deems is necessary to perform such obligations of Borrower and to protect the Mortgaged Property or Lender’s security, rights or interests in the Mortgaged Property or the Mortgage Loaninterest, including, but not limited to: (a) paying fees and out-of-pocket expenses of attorneys, accountants, inspectors and consultants; (b) entering upon 9.1 any general or special taxes or ditch or water assessments levied or accruing against the Mortgaged Property to make repairs or secure the Mortgaged Property; (c) obtaining (9.2 the premiums on any insurance necessary to protect any improvements comprising a part of the Property; 9.3 sums due on any prior lien or force-placing) encumbrance on the insurance required Property; 9.4 if the Property is a leasehold or is subject to a lease, all sums due under such lease; 9.5 the reasonable costs and expenses of defending, protecting, and maintaining the Property and Lender’s interest in the Property, including repair and maintenance costs and expenses, costs and expenses of protecting and securing the Property, receiver’s fees and expenses, inspection fees, appraisal fees, court costs, attorney fees and costs, and fees and costs of an attorney in the employment of Lender or holder of the certificate of purchase; 9.6 all other costs and expenses allowable by the Loan Documentsevidence of debt or this Deed of Trust; and (d) paying 9.7 such other costs and expenses which may be authorized by a court of competent jurisdiction. Borrower hereby assigns to Lender any amounts required right Borrower may have by reason of any prior encumbrance on the Property or by law or otherwise to cure any default under any of the Loan Documents that Borrower has failed to paysaid prior encumbrance. Any amounts disbursed by Lender pursuant to this §9, with interest thereon, shall become additional indebtedness of Borrower secured by this Deed of Trust. Such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and Lender may bring suit to collect any amounts so disbursed or paid by Lender plus interest specified in §2.2 (Note: Other Obligations Secured). Nothing contained in this §9 shall be added to, and become part of, the principal balance of the Indebtedness, be immediately due and payable and bear interest at the Default Rate from the date of disbursement until fully paid. The provisions of this Section 4 shall not be deemed to obligate or require Lender to incur any expense or take any actionaction hereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform any of its obligations under the Note, this Security Instrument or any other Loan Document, or any action or proceeding is commenced that purports to affect the Mortgaged Property, Lender’s security, rights or interests under this Security Instrument or any Loan Document (including eminent domain, insolvency, code enforcement, civil or criminal forfeiture, enforcement of Environmental Laws, fraudulent conveyance or reorganizations or proceedings involving a debtor or decedent), Lender may, at its option, make such appearances, disburse or pay such sums and take such actions, whether before or after an Event of Default or whether directly or to any receiver for the Mortgaged Property, as Lender reasonably deems necessary to perform such obligations of Borrower and to protect the Mortgaged Property or Lender’s security, rights or interests in the Mortgaged Property or the Mortgage LoanLoan Documents, including: (a) paying fees and out-of-pocket expenses of attorneys, accountants, inspectors and consultants; (b) entering upon the Mortgaged Property to make repairs or secure the Mortgaged Property; (c) obtaining (or force-placing) the insurance required by the Loan Documents; and (d) paying any amounts required under any of the Loan Documents related to the Note that Borrower has failed to pay. Any amounts so disbursed or paid by Lender shall be added to, and become part of, the principal balance of the Indebtedness, be immediately due and payable and bear interest at the Default Rate any default rate from the date of disbursement until fully paid. The provisions of this Section 4 5 shall not be deemed to obligate or require Lender to incur any expense or take any action.

PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform any the covenants and agreements contained in this Deed of its obligations under this Security Instrument or any other Loan DocumentTrust, or if any action or proceeding is commenced that purports to affect which materially affects Lender’s interest in the Mortgaged Property, Lender’s securityincluding, rights or interests under this Security Instrument or any Loan Document (including but not limited to, eminent domain, insolvency, code enforcement, civil or criminal forfeiture, enforcement of Environmental Laws, fraudulent conveyance or reorganizations arrangements or proceedings involving a debtor bankrupt or decedent), then Lender may, at its Lender’s option, upon notice to Borrower, if required by law, may make such appearances, disburse or pay such sums and take such actions, whether before or after an Event of Default or whether directly or to any receiver for the Mortgaged Property, action as Lender reasonably deems is necessary to perform such obligations of Borrower and to protect the Mortgaged Property or Lender’s security, rights or interests in the Mortgaged Property or the Mortgage Loaninterest, including, but not limited to, disbursement of funds to pay reasonable attorney fees and entry upon the Property to make repairs, and payment of: (a) paying fees and out-of-pocket expenses of attorneys, accountants, inspectors and consultantsany general or special taxes or ditch or water assessments levied or accruing against the Property; (b) entering upon the Mortgaged Property premiums on any insurance necessary to make repairs or secure protect any improvements comprising a part of the Mortgaged Property; (c) obtaining sums due on any lien or encumbrance on the Property; (or force-placingd) the insurance required reasonable costs and expenses of defending, protecting, and maintaining the Property and Lender’s interest in the Property, receiver’s fees and expenses, inspection fees, appraisal fees, court costs, attorney fees and costs, and fees and costs of an attorney in the employment of Lender or holder of the certificate of purchase; (e) all other costs and expenses allowable by the Loan DocumentsNote or this Deed of Trust; and (df) paying such other costs and expenses which may be authorized by a court of competent jurisdiction. Borrower hereby assigns to Lender any amounts required right Borrower may have by reason of any encumbrance on the Property or by law or otherwise to cure any default under any of the Loan Documents that Borrower has failed to paysaid encumbrance. Any amounts so disbursed or paid by Lender pursuant to this paragraph 7, with interest thereon, shall become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to other terms or payment, such amount shall be added topayable upon notice from Lender to Borrower requesting payment thereof, and become part of, the principal balance of the Indebtedness, be immediately due and payable and shall bear interest at the Default Rate from the date of disbursement until fully paidat the rate payable from time to time on outstanding principal under the Note unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate permissible under applicable law. The provisions of Nothing contained in this Section 4 paragraph 7 shall not be deemed to obligate or require Lender to incur any expense or take any actionaction hereunder.

PROTECTION OF LENDER'S SECURITY. If Except when Borrower has exercised Borrower’s rights under paragraph 6 above, if the Borrower fails to perform any the covenants and agreements contained in this Deed of its obligations under this Security Instrument or any other Loan DocumentTrust, or if a default occurs in prior lien, or if any action or proceeding is commenced that purports to affect which materially affects Lender’s interest in the Mortgaged Property, then Lender, at Lender’s security, rights or interests under this Security Instrument or any Loan Document (including eminent domain, insolvency, code enforcement, civil or criminal forfeiture, enforcement of Environmental Laws, fraudulent conveyance or reorganizations or proceedings involving a debtor or decedent), Lender may, at its option, with notice to Borrower if required by law, may make such appearances, disburse or pay such sums and take such actionsaction as is necessary to protect Lender’s interest, whether before including, but not limited to: any general or after an Event special taxes or ditch or water assessments levied or accruing against the Property; the premiums on any insurance necessary to protect any improvements comprising a part of Default the Property; sums due on any prior lien or whether directly encumbrance on the Property; if the Property is a leasehold or is subject to any receiver for a lease, all sums due under such lease; the Mortgaged reasonable costs and expenses of defending, protecting, and‌ maintaining the Property and Lender’s interest in the Property, as including repair and maintenance costs and expenses, costs and expenses of protecting and securing the Property, receiver’s fees and expenses, inspection fees, appraisal fees, court costs, attorney fees and costs, and fees and costs of an attorney in the employment of the Lender reasonably deems necessary or holder of the certificate of purchase; all other costs and expenses allowable by the evidence of debt or this Deed of Trust, and such other costs and expenses which may be authorized by the court of competent jurisdiction. Borrower hereby assigns to perform such obligations Lender any right Borrower may have by reason of Borrower and to protect any prior encumbrance on the Mortgaged Property or Lender’s security, rights by law or interests in the Mortgaged Property or the Mortgage Loan, including: (a) paying fees and out-of-pocket expenses of attorneys, accountants, inspectors and consultants; (b) entering upon the Mortgaged Property otherwise to make repairs or secure the Mortgaged Property; (c) obtaining (or force-placing) the insurance required by the Loan Documents; and (d) paying cure any amounts required default under any of the Loan Documents that Borrower has failed to paysaid prior encumbrance. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional indebtedness of Borrower secured by this Deed of Trust. Such amounts shall be payable upon notice from the Lender to Borrower requesting payment thereof, and Lender may bring suit to collect any amounts so disbursed or paid by Lender plus interest. Nothing contained in this paragraph 7 shall be added to, and become part of, the principal balance of the Indebtedness, be immediately due and payable and bear interest at the Default Rate from the date of disbursement until fully paid. The provisions of this Section 4 shall not be deemed to obligate or require Lender to incur any expense or take any actionactions hereunder.

PROTECTION OF LENDER'S SECURITY. If (a) Borrower fails to pay the Indebtedness or to perform any the Obligations and such default ripens into an Event of its obligations under this Security Instrument or any other Loan DocumentDefault, or (b) any action or proceeding is commenced that purports which affects or could reasonably be expected to affect the Mortgaged Property or Agent’s or Lender’s interest therein, including any loss, damage, cost, expense or liability incurred by Agent or Lender with respect to (i) any environmental matters relating to the Property or (ii) the preparation of the commencement or defense of any action or proceeding or any threatened action or proceeding affecting the Loan Documents or the Property, Lender’s security, rights or interests under this Security Instrument or any Loan Document (including eminent domain, insolvency, code enforcement, civil or criminal forfeiture, enforcement of Environmental Laws, fraudulent conveyance or reorganizations or proceedings involving a debtor or decedent), Lender maythen Agent, at its Agent’s option, may make such appearances, disburse or pay such sums and take such actionsaction as Agent deems necessary, whether before or after an Event of Default or whether directly or to any receiver for the Mortgaged Propertyin its reasonable discretion, as Lender reasonably deems necessary to perform such obligations of Borrower and to protect the Mortgaged Property or Agent’s or Lender’s securityinterest therein, rights or interests in the Mortgaged Property or the Mortgage Loan, including: (a) paying fees and out-of-pocket expenses of attorneys, accountants, inspectors and consultants; (b) entering including entry upon the Mortgaged Property (subject to make repairs the rights of tenants and subtenants) to take such actions Agent determines reasonably appropriate to preserve, protect or secure restore the Mortgaged Property; (c) obtaining (or force-placing) the insurance required by the Loan Documents; and (d) paying any amounts required under any of the Loan Documents that Borrower has failed to pay. Any amounts so disbursed by Agent or paid by Lender shall be added topursuant to this Section 7 (including reasonable attorneys’ fees, costs and become part ofexpenses), the principal balance of the Indebtedness, be immediately due and payable and bear together with interest thereon at the “Default Rate Rate” (defined in the Note) from the date of disbursement until fully paid. The provisions disbursement, shall become additional Indebtedness of Borrower secured by the lien of this Mortgage and the other Loan Documents and shall be due and payable on demand. Nothing contained in this Section 4 7 shall not be deemed to obligate require Agent or require Lender to incur any expense or take any actionaction hereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform any of its obligations under the Note, this Security Instrument or any other the Loan DocumentAgreement, or any action or proceeding is commenced that purports to affect the Mortgaged Property, LenderXxxxxx’s security, rights or interests under this Security Instrument or any the Loan Document Agreement (including eminent domain, insolvency, code enforcement, civil or criminal forfeiture, enforcement of Environmental Laws, fraudulent conveyance or reorganizations or proceedings involving a debtor or decedent), Lender may, at its option, make such appearances, disburse or pay such sums and take such actions, whether before or after an Event of Default or whether directly or to any receiver for the Mortgaged Property, as Lender reasonably deems necessary to perform such obligations of Borrower and to protect the Mortgaged Property or Lender’s security, rights or interests in the Mortgaged Property or the Mortgage LoanNote, including: (a) paying fees and out-of-pocket expenses of attorneys, accountants, inspectors and consultants; (b) entering upon the Mortgaged Property to make repairs or secure the Mortgaged Property; (c) obtaining (or force-placing) the insurance required by the Loan Documents; and (d) paying any amounts required under any of the Loan Documents related to the Note that Borrower Xxxxxxxx has failed to pay. Any amounts so disbursed or paid by Lender shall be added to, and become part of, the principal balance of the Indebtedness, be immediately due and payable and bear interest at the Default Rate any default rate from the date of disbursement until fully paid. The provisions of this Section 4 5 shall not be deemed to obligate or require Lender to incur any expense or take any action.

PROTECTION OF LENDER'S SECURITY. If Borrower Grantor fails to perform any of its obligations under this Security Instrument or any other Loan Document, or any action or proceeding is commenced that purports to affect the Mortgaged Property, Lender’s security, rights or interests under this Security Instrument or any Loan Document (including eminent domain, insolvency, code enforcement, civil or criminal forfeiture, enforcement of Environmental Laws, fraudulent conveyance or reorganizations or proceedings involving a debtor or decedent), Lender may, at its option, make such appearances, disburse or pay such sums and take such actions, whether before or after an Event of Default or whether directly or to any receiver for the Mortgaged Property, as Lender reasonably deems necessary to perform such obligations of Borrower Grantor and to protect the Mortgaged Property or Lender’s security, rights or interests in the Mortgaged Property or the Mortgage Loan, including: (a) paying fees and out-of-pocket expenses of attorneys, accountants, inspectors and consultants; (b) entering upon the Mortgaged Property to make repairs or secure the Mortgaged Property; (c) obtaining (or force-placing) the insurance required by the Loan Documents; and (d) paying any amounts required under any of the Loan Documents that Borrower Grantor has failed to pay. Any amounts so disbursed or paid by Lender Xxxxxx shall be deemed to be obligatory advances and added to, and become part of, the principal balance of the Indebtedness, be immediately due and payable and bear interest at the Default Rate from the date of disbursement until fully paid. The provisions of this Section 4 shall not be deemed to obligate or require Lender to incur any expense or take any action.

PROTECTION OF LENDER'S SECURITY. If Borrower Grantor fails to perform any of its obligations under this Security Instrument or any other Loan Document, or any action or proceeding is commenced that purports to affect the Mortgaged Property, Lender’s 's security, rights or interests under this Security Instrument or any Loan Document (including eminent domain, insolvency, code enforcement, civil or criminal forfeiture, enforcement of Environmental Laws, fraudulent conveyance or reorganizations or proceedings involving a debtor or decedent), Lender may, at its option, make such appearances, disburse or pay such sums and take such actions, whether before or after an Event of Default or whether directly or to any receiver for the Mortgaged Property, as Lender reasonably deems necessary to perform such obligations of Borrower Grantor and to protect the Mortgaged Property or Lender’s 's security, rights or interests in the Mortgaged Property or the Mortgage Loan, including: (a) paying fees and out-of-pocket expenses of attorneys, accountants, inspectors and consultants; (b) entering upon the Mortgaged Property to make repairs or secure the Mortgaged Property; (c) obtaining (or force-placing) the insurance required by the Loan Documents; and (d) paying any amounts required under any of the Loan Documents that Borrower Grantor has failed to pay. Any amounts so disbursed or paid by Lender shall be deemed to be obligatory advances and added to, and become part of, the principal balance of the Indebtedness, be immediately due and payable and bear interest at the Default Rate from the date of disbursement until fully paid. The provisions of this Section 4 shall not be deemed to obligate or require Lender to incur any expense or take any action.