Sale Proceeds. The proceeds of any sale or foreclosure of the Trust Estate or any portion thereof shall be applied to the following in the following order of priority the payment of: (i) the costs and expenses of the foreclosure proceedings with respect to such Property (including reasonable counsel fees and disbursements actually incurred and advertising costs and expenses), liabilities and advances made or incurred under this Mortgage, and reasonable receivers' and trustees' fees and commissions and fees and expenses incurred by Beneficiary, together with interest at the Default Rate to the extent payable, (ii) any other sums advanced by Beneficiary (or any advancing agent on its behalf) in accordance with the terms hereof and not repaid to it by Grantor, together with interest at the Default Rate to the extent payable, (iii) all sums due under the Notes in the order of priority set forth therein, and (iv) any surplus to Grantor or other party legally entitled thereto. (b)
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Samples: Indenture of Mortgage (CBL & Associates Properties Inc)
Sale Proceeds. The proceeds of any sale or foreclosure of the Trust Estate Mortgaged Property or any portion thereof shall be applied to the following in the following order of priority the payment of: (i) the costs and expenses of the foreclosure proceedings with respect to such the Property (including reasonable counsel fees and disbursements actually incurred and advertising costs and expenses), liabilities and advances made or incurred under this Mortgage, and reasonable receivers' and trustees' fees and commissions and fees and expenses incurred by BeneficiaryMortgagee, together with interest at the Default Rate to the extent payable, (ii) any other sums advanced by Beneficiary Mortgagee (or any advancing agent on its behalf) in accordance with the terms hereof and not repaid to it by GrantorMortgagor, together with interest at the Default Rate to the extent payable, (iii) all sums due under the Notes Note in the order of priority set forth therein, and (iv) any surplus to Grantor Mortgagor or other party legally entitled thereto. (b).
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Samples: Tower Realty Trust Inc
Sale Proceeds. The proceeds of any sale or foreclosure of the Trust Estate or any portion thereof shall be applied to the following in the following order of priority the payment of: (i) the costs and expenses of the foreclosure proceedings with respect to such Property (including reasonable counsel fees and disbursements actually incurred and advertising costs and expenses), liabilities and advances made or incurred under this Mortgage, and reasonable receivers' and trustees' fees and commissions and fees and expenses incurred by Beneficiary, together with interest at the Default Rate to the extent payable, (ii) any other sums advanced by Beneficiary (or any advancing agent on its behalf) in accordance with the terms hereof and not repaid to it by Grantor, together with interest at the Default Rate to the extent payable, (iii) all sums due under the Notes Note in the order of priority set forth therein, and (iv) any surplus to Grantor or other party legally entitled thereto. (b).
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Samples: Mark Centers Trust
Sale Proceeds. The proceeds of any sale or foreclosure of the ------------- Trust Estate or any portion thereof shall be applied to the following in the following order of priority the payment of: (i) the costs and expenses of the foreclosure proceedings with respect to such Property (including reasonable counsel fees and disbursements actually incurred and advertising costs and expenses), liabilities and advances made or incurred under this Mortgage, and reasonable receivers' and trustees' fees and commissions and fees and expenses incurred by Beneficiary, together with interest at the Default Rate to the extent payable, (ii) any other sums advanced by Beneficiary (or any advancing agent on its behalf) in accordance with the terms hereof and not repaid to it by Grantor, together with interest at the Default Rate to the extent payable, (iii) all sums due under the Notes Note in the order of priority set forth therein, and (iv) any surplus to Grantor or other party legally entitled thereto. (b).
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Sale Proceeds. The proceeds of any sale or foreclosure of the Trust Estate Mortgaged Property or any portion thereof shall be applied to the following in the following order of priority the payment of: (i) the costs and expenses of the foreclosure proceedings with respect to such the Property (including reasonable counsel fees and disbursements actually incurred and advertising costs and expenses), liabilities and advances made or incurred under this Mortgage, and reasonable receivers' and trustees' fees and commissions and fees and expenses incurred by BeneficiaryLender, together with interest at the Default Rate to the extent payable, (ii) any other sums advanced by Beneficiary Lender (or any advancing agent on its behalf) in accordance with the terms hereof and not repaid to it by GrantorBorrower, together with interest at the Default Rate to the extent payable, (iii) all sums due under the Notes Note in the order of priority set forth therein, and (iv) any surplus to Grantor Borrower or other party legally entitled thereto. (b).
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