Right of Foreclosure. The Bank may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing any Indebtedness even though such foreclosure may destroy or diminish the Guarantor's rights against the Debtor. The Guarantor shall be liable to the Bank for any part of any Indebtedness remaining unpaid after any such foreclosure whether or not such foreclosure was for fair market value.
Right of Foreclosure. (a) Upon the occurrence of a Noticed Event of Default, the Beneficiary shall have the right, in its sole discretion, to instruct the Trustee to proceed at law or in equity to foreclose this Deed of Trust with respect to all or any portion of the Trust Property, in accordance with the applicable laws of jurisdiction in which the Trust Property is located. If the Trust Property consists of several lots, parcels or items of Trust Property, the Beneficiary may, in its sole discretion instruct the Trustee to: (i) designate the order in which such lots, parcels or items shall be offered for sale or sold, or (ii) elect to sell such lots, parcels or items through a single sale, or through two or more successive sales, or in any other manner the Beneficiary deems in its best interest. Should the Beneficiary desire that more than one sale or other disposition of the Trust Property be conducted, the Beneficiary may, at its option, instruct the Trustee to cause the same to be conducted simultaneously, or successively, on the same day, or at such different days or times and in such order as the Beneficiary may deem to be in its best interests, and no such sale shall terminate or otherwise affect the lien of this Deed of Trust on any part of the Trust Property not sold until all Obligations have been fully paid and performed. The Beneficiary may elect to sell the Trust Property for cash or credit. The Beneficiary may, to the extent permitted by law, instruct the Trustee to adjourn from time to time any sale by it to be made under or by virtue of this Deed of Trust by announcement at the time and place appointed for such sale or for such adjourned sale or sales; and, except as otherwise provided by an applicable provision of law, the Beneficiary may make such sale at the time and place to which the same shall be so adjourned. With respect to all components of the Trust Property, the Beneficiary is hereby irrevocably appointed the true and lawful attorney-in-fact of the Trustor (coupled with an interest), in its name and stead, to make all necessary conveyances, assignments, transfers and deliveries of the Trust Property in connection with any foreclosure of this Deed of Trust, and for that purpose the Beneficiary may execute all necessary instruments of conveyance, assignment, transfer and delivery, and may substitute one or more persons with such power, the Trustor hereby ratifying and confirming all that its said attorney-in-fact or such substitute or substitutes shall...
Right of Foreclosure. Mortgagee shall have the following powers concerning enforcement of this Mortgage:
16.2.1 Time is of the essence of this Mortgage.
16.2.2 If a Default occurs, Mortgagee may, either with or without entry or taking possession or otherwise, and without regard to whether or not the Secured Obligations shall be due and without prejudice to the right of Mortgagee later to bring an action or proceeding to foreclose or any other action for any default existing at the time such earlier action was commenced, proceed by any lawful action or proceeding to enforce payment and performance of any or all of the Secured Obligations or the performance of the terms of the Transaction Documents or any other right; to foreclose this Mortgage in the manner provided by law of the State of New Mexico applicable to the foreclosure of mortgages on real property and, subject to Mortgagee’s right of redemption (as reduced herein), to sell, as an entirety or in separate lots or parcels, the Property pursuant to the laws of the State of New Mexico or under the judgment or decree of a court or courts of competent jurisdiction; and Mortgagee shall be entitled to recover in any such proceeding all incidental costs and expenses, including reasonable attorneys’ fees and costs (including, expressly, costs incurred for services of paralegals and for computer-assisted legal research) in such amount as shall be awarded by the court; and to pursue any other remedy available to it at law or in equity.
Right of Foreclosure. PROVIDED ALWAYS AND IT IS HEREBY AGREED AND DECLARED that notwithstanding anything to the contrary contained in Section 67 of the Transfer of Property Act, 1882; in the event of default being made in repayment of the Mortgage Debt or any part thereof, the Mortgagee shall have a right to obtain from the Court a Decree that the Mortgagor or any of them shall be absolutely debarred of their right to redeem the Mortgaged Properties and to file a suit for foreclosure.
Right of Foreclosure. The Guarantor agrees that if all or a portion of the Indebtedness is, at any time, secured by a deed of trust or mortgage covering interests in real property, CoBank, in its sole discretion, without notice or demand, and without affecting the liability of the Guarantor, may foreclose the deed of trust or mortgage, and the interest in real property, secured thereby by nonjudicial sale; and the Guarantor hereby waives any defense to the recovery by CoBank against the Guarantor of any deficiency after a nonjudicial sale.
Right of Foreclosure. A leasehold estate lienholder may realize on the security afforded by the leasehold estate by exercising foreclosure proceedings or power of sale or other remedy afforded in law or equity or by the security documents and may transfer, convey, or assign the title, including all the duties and responsibilities of Lessee, to the leasehold estate created by this Lease Agreement to any purchaser at any such foreclosure sale, and shall acquire and succeed to the interest of Lessee, including all of Lessee's duties under this lease by virtue of any such foreclosure sale. Such lienholder shall become liable to Lessor as an assignee of this lease until such time as the leasehold title is sold, at which time the purchaser shall become liable to the Lessor as an assignee of this Lease Agreement.
Right of Foreclosure. Administrative Agent or Lenders may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust whether now or hereafter securing any Indebtedness even though such foreclosure may destroy or diminish Guarantor’s rights against Borrower. Guarantor shall be liable to Administrative Agent or Lenders for any part of any Indebtedness remaining unpaid after any such foreclosure whether or not such foreclosure was for fair market value.
Right of Foreclosure. If an Event of Default shall have occurred and be continuing, the Mortgagee shall have the right, in its sole discretion, to proceed at law or in equity to foreclose this Mortgage with respect to all or any portion of the Mortgaged Property, either by judicial action or by power of sale. The Mortgagor hereby grants to and confers upon the Mortgagee the power to sell the Mortgaged Property or any portion thereof in the manner and pursuant to the procedures set forth in the Oklahoma Power of Sale Mortgage Foreclosure Act, 46 O.S. Sections 40-49, as amended and in effect from time to time (the "Act") or pursuant to other applicable statutory or judicial authority. If no cure is effected within the time limits set forth in the Act, the Mortgagee may accelerate the Obligations without further notice and may then proceed in the manner and subject to the conditions of the Act to send to the Mortgagor and other necessary parties a notice of sale and may sell and convey the Mortgaged Property in accordance with the Act. The Mortgagee may foreclose this Mortgage by exercising said power of sale or, at the Mortgagee's sole option, by judicial foreclosure proceedings as provided by law. No action of the Mortgagee based upon the provisions contained herein or in the Act, including, without limitation, the giving of the notice of intent to foreclose by power of sale or the notice of sale, shall constitute an election of remedies which would preclude the Mortgagee from accelerating the Obligations and pursuing judicial foreclosure before or at any time after commencement of the power of sale foreclosure procedure. If the Mortgaged Property consists of several lots, parcels or items of Mortgaged Property, the Mortgagee may, in its sole discretion: (i) designate the order in which such lots, parcels or items shall be offered for sale or sold, or (ii) elect to sell such lots, parcels or items through a single sale, or through two or more successive sales, or in any other manner the Mortgagee may elect. Should the Mortgagee desire that more than one sale or other disposition of the Mortgaged Property be conducted, the Mortgagee may, at its option, cause the same to be conducted simultaneously, or successively, on the same day, or at such different days or times and in such order as the Mortgagee may elect, and no such sale shall terminate or otherwise affect the lien of this Mortgage on any part of the Mortgaged Property not sold until all Obligations have been fully paid in...
Right of Foreclosure. If an Event of Default shall occur and be continuing, Beneficiary or Trustee shall have the right, at its option, to proceed at law or in equity to foreclose fully or partially this Deed of Trust. Beneficiary or Trustee may, to the extent permitted by law, adjourn from time to time any sale by it to be made under or by virtue of this Deed of Trust by announcement at the time and place appointed for such sale or for such adjourned sale or sales; and, except as otherwise provided by an applicable provision of law, Beneficiary or Trustee may make such sale at the time and place to which the same shall be so adjourned.
Right of Foreclosure. In the event Borrower, its successors, heirs, executors, representatives, or assigns shall fail or refuse to repay the HOME HELP Downpayment Assistance Program Loan as required in Section 1.1 of this Mortgage, or otherwise or in any way be in default under the terms and conditions of this Mortgage, Borrower hereby confer upon Lender the option of declaring all sums then owing by Xxxxxxxx immediately due and payable without notice, and hereby authorizes and empowers Lender to foreclose this HOME HELP Downpayment Assistance Program Loan by judicial proceedings, or to sell the Mortgaged Property at public auction and convey the same to the purchaser in fee simple in accordance with the laws of the State of Minnesota, and out of the monies arising from such sale to retain all sums secured hereby, with all legal costs and charges of such foreclosure and the maximum attorney's fee permitted by law, which costs, charges, and fees the Borrower herein agrees to pay. Xxxxxxxx and Xxxxxx further covenant and agree as follows:
X. Xxxxxxxx shall be furnished a conformed copy of this Mortgage at the time of execution or after recordation thereof.
B. Upon default of any covenant or agreement by Borrower under the terms of this Mortgage, Lender shall, prior to foreclosure, mail notice to Borrower as provided herein specifying; (i) the nature of the default by the Borrower, (ii) the action required to cure such default, (iii) a date, not less than thirty (30) days from the date the notice is mailed to Borrower, by which such default, if capable of being cured, must be cured, and (iv) that failure to cure such default on or before the date specified in the notice may result in the acceleration of the sums secured by this HOME HELP Downpayment Assistance Program Loan and sale of the Mortgaged Property. The notice shall further inform Xxxxxxxx of the right, if any, to reinstate after acceleration, and the right to bring a court action to assert the nonexistence of a default or any other defense of the Borrower to acceleration and sale.
C. Any notice required under applicable law or under the provisions of this Mortgage shall be given in accordance with the provisions contained in Section 3.3 herein below.
