Common use of Restoration of Position Clause in Contracts

Restoration of Position. In case Mortgagee shall have proceeded to enforce any right under this Mortgage by foreclosure, sale, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely, then, and in every such case, Mortgagor and Mortgagee shall be restored to their former positions and rights hereunder with respect to the Mortgaged Property subject to the lien hereof, except as might otherwise be determined by a final order of a court of competent jurisdiction.

Appears in 4 contracts

Samples: And Fixture Financing Statement (Cardinal Ethanol LLC), Security Agreement (Green Plains Renewable Energy, Inc.), And Fixture Filing (Green Plains Renewable Energy, Inc.)

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Restoration of Position. In case Mortgagee shall have proceeded to enforce any right under this Mortgage by foreclosure, sale, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adverselyreason, then, and in every such case, Mortgagor and Mortgagee shall be restored to their former positions and rights hereunder with respect to the Mortgaged Property subject to the lien hereof, except as might otherwise be determined by a final order of a court of competent jurisdiction.

Appears in 3 contracts

Samples: Mortgage, Security Agreement (Highwater Ethanol LLC), Fixture Financing Statement (Highwater Ethanol LLC), One Earth Energy LLC

Restoration of Position. In case Mortgagee shall have proceeded to enforce any right under this Mortgage by foreclosure, sale, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely, then, and in every such case, Mortgagor the Company and Mortgagee shall be restored to their former positions and rights hereunder with respect to the Mortgaged Property subject to the lien hereof, except as might otherwise be determined by a final order of a court of competent jurisdiction.

Appears in 2 contracts

Samples: Security Agreement and Fixture Financing Statement (Peninsula Gaming, LLC), Security Agreement (Peninsula Gaming, LLC)

Restoration of Position. In case Mortgagee the Lender shall have proceeded to enforce any right under this Mortgage by foreclosure, sale, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely, then, and in every such case, the Mortgagor and Mortgagee the Lender shall be restored to their former positions and rights hereunder with respect to the Mortgaged Property subject to the lien hereof, except as might otherwise be determined by a final order of a court of competent jurisdiction.

Appears in 1 contract

Samples: And Fixture Financing Statement (Talon Real Estate Holding Corp.)

Restoration of Position. In case Mortgagee shall have proceeded to enforce any right under this Mortgage by foreclosure, sale, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely, then, and in every such case, Mortgagor and Mortgagee shall be restored to their former positions and rights hereunder with respect to the Mortgaged Property subject to the lien hereof, except as might otherwise be determined by a final order of a court of competent jurisdiction.. Section 4.5

Appears in 1 contract

Samples: Cardinal Ethanol LLC

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Restoration of Position. In case Mortgagee shall have proceeded to enforce any right under this Shore Mortgage by foreclosure, sale, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely, then, and in every such case, Mortgagor the Company and Mortgagee shall be restored to their former positions and rights hereunder with respect to the Mortgaged Property subject to the lien hereof, except as might otherwise be determined by a final order of a court of competent jurisdiction.

Appears in 1 contract

Samples: Security Agreement (Peninsula Gaming, LLC)

Restoration of Position. In case If Mortgagee shall have proceeded to enforce any right or remedy under this Mortgage by foreclosure, sale, entry or otherwise, otherwise and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adverselyreason, then, and in every such case, case Mortgagor and Mortgagee shall be restored to their former positions and rights hereunder with respect to the Mortgaged Property subject to the lien hereofhereunder, except and all rights, powers and remedies of Mortgagee shall continue as might otherwise be determined by a final order of a court of competent jurisdictionif no such proceedings had occurred or had been taken.

Appears in 1 contract

Samples: Fitzgeralds Gaming Corp

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