Common use of Reimbursement of Mortgagee Clause in Contracts

Reimbursement of Mortgagee. If any action or proceeding be commenced (except an action to foreclose this Mortgage), to which action or proceeding Mortgagee is made a party, or in which it becomes necessary, in Mortgagee’s reasonable opinion, to defend or uphold the lien of this Mortgage, or to protect the Mortgaged Premises or any part thereof, all reasonable sums paid by Mortgagee to establish or defend the rights and lien of this Mortgage or to protect the Mortgaged Premises or any part thereof (including reasonable attorneys’ fees, and costs and allowances) and whether suit be brought or not, shall be paid, upon demand, to Mortgagee by Xxxxxxxxx, together with interest at a rate equal to twelve percent (12%) per annum or, if less, the highest legal rate permitted under applicable law, until paid. Any such sum or sums and the interest thereon shall be secured hereby in priority to the indebtedness evidenced by the Note.

Appears in 3 contracts

Samples: Open End First Mortgage Deed, Security Agreement and Fixture (GTJ REIT, Inc.), First Mortgage, Security Agreement and Fixture Filing (Cole Credit Property Trust III, Inc.), First Mortgage, Security Agreement and Fixture Filing (Cole Credit Property Trust III, Inc.)

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Reimbursement of Mortgagee. If any action or proceeding be commenced (except an action to foreclose this Mortgage), to which action or proceeding Mortgagee is made a party, or in which it becomes necessary, in Mortgagee’s reasonable opinion, to defend or uphold the lien of this Mortgage, or to protect the Mortgaged Premises or any part thereof, all reasonable sums paid by Mortgagee to establish or defend the rights and lien of this Mortgage or to protect the Mortgaged Premises or any part thereof (including reasonable attorneys’ fees, and costs and allowances) and whether suit be brought or not, shall be paid, upon demand, to Mortgagee by Xxxxxxxxx, together with interest at a rate equal to twelve percent (12%) per annum or, if less, Loan No. 18856 the highest legal rate permitted under applicable law, until paid. Any such sum or sums and the interest thereon shall be secured hereby in priority to the indebtedness evidenced by the Note.

Appears in 1 contract

Samples: Junior First Mortgage, Security Agreement and Fixture Filing (Cole Credit Property Trust III, Inc.)

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Reimbursement of Mortgagee. If any action or proceeding be commenced (except an action to foreclose this MortgageSecurity Instrument), to which action or proceeding Mortgagee is made a party, or in which it becomes necessary, in Mortgagee’s reasonable opinion, to defend or uphold the lien of this MortgageSecurity Instrument, or to protect the Mortgaged Premises or any part thereof, all reasonable sums paid by Mortgagee to establish or defend the rights and lien of this Mortgage Security Instrument or to protect the Mortgaged Premises or any part thereof (including reasonable attorneys’ fees, and costs and allowances) and whether suit be brought or not, shall be paid, upon demand, to Mortgagee by XxxxxxxxxMortgagor, together with interest at a rate equal to twelve percent (12%) per annum or, if less, the highest legal rate permitted under applicable law, until paid. Any such sum or sums and the interest thereon shall be secured hereby in priority to the indebtedness evidenced by the Note.

Appears in 1 contract

Samples: Mortgage, Security Agreement and Fixture Filing (HC Government Realty Trust, Inc.)

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