Common use of Single or Multiple Foreclosure Sales Clause in Contracts

Single or Multiple Foreclosure Sales. If the Property consists of more than one lot, parcel or item of property, Mortgagee may: (i) Designate the order in which the lots, parcels and/or items shall be sold or disposed of or offered for sale or disposition; and (ii) Elect to dispose of the lots, parcels and/or items through a single consolidated sale or disposition to be held or made under or in connection with judicial proceedings, or by virtue of a judgment and decree of foreclosure and sale; or through two or more such sales or dispositions; or in any other manner Mortgagee may deem to be in its best interests (any such sale or disposition, a “Foreclosure Sale;” and any two or more, “Foreclosure Sales”). If Mortgagee chooses to have more than one Foreclosure Sale, Mortgagee at its option may cause the Foreclosure Sales to be held simultaneously or successively, on the same day, or on such different days and at such different times and in such order as Mortgagee may deem to be in its best interests. No Foreclosure Sale shall terminate or affect the liens of this Mortgage on any part of the Property which has not been sold, until all of the Secured Obligations have been paid in full.

Appears in 5 contracts

Samples: Open End Mortgage, Assignment of Rents, Security Agreement (Grubb & Ellis Healthcare REIT II, Inc.), Open End Mortgage, Assignment of Rents, Security Agreement and Fixture Filing (Grubb & Ellis Healthcare REIT II, Inc.), Open End Mortgage, Assignment of Rents, Security Agreement (Grubb & Ellis Healthcare REIT II, Inc.)

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Single or Multiple Foreclosure Sales. If the Property consists of more than one lot, parcel or item of property, Mortgagee Beneficiary may: : (i) Designate the order in which the lots, parcels and/or items shall be sold or disposed of or offered for sale or disposition; and and (ii) Elect elect to dispose of the lots, parcels and/or items through a single consolidated sale or disposition to be held or made under the Power of Sale, or in connection with judicial proceedings, or by virtue of a judgment and decree of foreclosure and sale; or through two or more such sales or dispositions; or in any other manner Mortgagee Beneficiary may deem to be in its best interests (any such sale or disposition, a "Foreclosure Sale;” and " any two or more, "Foreclosure Sales"). If Mortgagee it chooses to have more than one Foreclosure Sale, Mortgagee Beneficiary at its option may cause the Foreclosure Sales to be held simultaneously or successively, on the same day, or on such different days and at such different times and in such order as Mortgagee it may deem to be in its best interests. No Non-Judicial Foreclosure Sale shall will terminate or affect the liens of this Mortgage deed of trust on any part of the Property which has not been sold, until all of the Secured Obligations have been paid in full.

Appears in 2 contracts

Samples: Deed of Trust (Owens Realty Mortgage, Inc.), Deed of Trust (Qad Inc)

Single or Multiple Foreclosure Sales. If the Property at the time of sale or other disposition consists of more than one lot, parcel or item of property, Mortgagee Beneficiary may: (i) Designate the order in which the lots, parcels and/or or items shall be sold or disposed of or offered for sale or disposition; and (ii) Elect to dispose of the lots, parcels and/or or items through a single consolidated sale or disposition to be held or made under the power of sale herein granted, or in connection with judicial proceedings, or by virtue of a judgment and decree of foreclosure and sale; or through two or more such sales or dispositions; or in any other manner Mortgagee that Beneficiary may deem to be in its best interests (any such sale or disposition, a “Foreclosure Sale;” and any two or more, “Foreclosure Sales”). If Mortgagee Beneficiary chooses to have more than one Foreclosure Sale, Mortgagee Beneficiary at its option may cause the Foreclosure Sales to be held simultaneously or successively, on the same day, or on such different days and at such different times and in such order as Mortgagee Beneficiary may deem to be in its best interests. No Foreclosure Sale shall terminate or affect the liens of this Mortgage Deed of Trust on any part of the Property which has not been sold, until all of the Secured Obligations have been paid in full.

Appears in 2 contracts

Samples: Intercreditor Agreement (Eldorado Resorts LLC), Construction Deed of Trust (Eldorado Resorts LLC)

Single or Multiple Foreclosure Sales. If the Property consists of more than one lot, parcel or item of property, Mortgagee Beneficiary and/or Trustee, as required by applicable law, may: (i) Designate the order in which the lots, parcels and/or items shall be sold or disposed of or offered for sale or disposition; and (ii) Elect to dispose of the lots, parcels and/or items through a single consolidated sale or disposition to be held or made under or in connection with judicial proceedings, or by virtue of a judgment and decree of foreclosure and sale; or through two or more such sales or dispositions; or in any other manner Mortgagee Beneficiary may deem to be in its best interests (any such sale or disposition, a "Foreclosure Sale;” "; and any two or more, "Foreclosure Sales"). If Mortgagee Beneficiary chooses to have more than one Foreclosure Sale, Mortgagee Beneficiary at its option may cause the Foreclosure Sales to be held simultaneously or successively, on the same day, or on such different days and at such different times and in such order as Mortgagee Beneficiary may deem to be in its best interests. No Foreclosure Sale shall terminate or affect the liens of this Mortgage Deed of Trust on any part of the Property which has not been sold, until all of the Secured Obligations have been paid in full.

Appears in 1 contract

Samples: Deed of Trust (Bluerock Residential Growth REIT, Inc.)

Single or Multiple Foreclosure Sales. If the Property ------------------------------------ consists of more than one lot, parcel or item of property, Mortgagee may: (ia) Designate the order in which the lots, parcels and/or items shall be sold or disposed of or offered for sale or disposition; and (iib) Elect to dispose of the lots, parcels and/or items through a single consolidated sale or disposition to be held or made under the power of sale granted in Sections 1.1 and 6.3.7, or in connection with judicial proceedings, or by virtue of a judgment and decree of foreclosure and sale; or through two or more such sales or dispositions; or in any other manner Mortgagee may deem to be in its best interests (any such sale or disposition, disposition being referred to herein as a "Foreclosure Sale;” and any two or more, “Foreclosure Sales”"). If Mortgagee chooses to have more than one Foreclosure Sale, Mortgagee at its option may cause the Foreclosure Sales to be held simultaneously or successively, on the same day, or on such different days and at such different times and in such order as Mortgagee may deem to be in its best interests. No Foreclosure Sale shall terminate or affect the liens or security interests of this Mortgage on any part of the Property which has not been sold, sold until all of the Secured Obligations have been paid in fullfull and the Commitment has been fully and finally terminated.

Appears in 1 contract

Samples: Loan Agreement (MGM Grand Inc)

Single or Multiple Foreclosure Sales. If the Property at the time of sale or other disposition consists of more than one lot, parcel or item of property, Mortgagee may: (i) Designate the order in which the lots, parcels and/or or items shall be sold or disposed of or offered for sale or disposition; and (ii) Elect to dispose of the lots, parcels and/or or items through a single consolidated sale or disposition to be held or made under the remedies herein granted, or in connection with judicial proceedings, or by virtue of a judgment and decree of foreclosure and sale; or through two or more such sales or dispositions; or in any other manner that Mortgagee may deem to be in its best interests (any such sale or disposition, a "Foreclosure Sale;” and " any two or more, "Foreclosure Sales"). If Mortgagee chooses to have more than one Foreclosure Sale, Mortgagee at its option may cause the Foreclosure Sales to be held simultaneously or successively, on the same day, or on such different days and at such different times and in such order as Mortgagee may deem to be in its best interests. No Foreclosure Sale shall terminate or affect the liens of this Mortgage on any part of the Property which has not been sold, until all of the Secured Obligations have been paid in full.

Appears in 1 contract

Samples: Mortgage, Fixture Filing and Security Agreement (Players International Inc /Nv/)

Single or Multiple Foreclosure Sales. If the Property consists of more than one lot, parcel or item of property, Mortgagee Beneficiary may: (i) Designate designate the order in which the lots, parcels and/or items shall be sold or disposed of or offered for sale or disposition; and (ii) Elect elect to dispose of the lots, parcels and/or items through a single consolidated sale or disposition to be held or made under the power of sale granted in Section 7.2(g), or in connection with judicial proceedings, or by virtue of a judgment and decree of foreclosure and sale; or through two or more such sales or dispositions; or in any other manner Mortgagee Beneficiary may deem to be in its best interests (any such sale or disposition, a “Foreclosure Sale;” and any two or more, “Foreclosure Sales”). If Mortgagee it chooses to have more than one Foreclosure Sale, Mortgagee Beneficiary at its option may cause the Foreclosure Sales to be held simultaneously or successively, on the same day, or on such different days and at such different times and in such order as Mortgagee it may deem to be in its best interests. No Foreclosure Sale shall will terminate or affect the liens of this Mortgage Deed of Trust on any part of the Property which has not been sold, until all of the Secured Obligations have been paid in full.

Appears in 1 contract

Samples: Deed of Trust (Cost Plus Inc/Ca/)

Single or Multiple Foreclosure Sales. If the Mortgaged Property consists of more than one lot, parcel or item of propertyMortgaged Property, Mortgagee may, in accordance with applicable law: (i) Designate designate the order in which the lots, parcels and/or items shall be sold or disposed of or offered for sale or disposition; and (ii) Elect elect to dispose of the lots, parcels and/or items through a single consolidated sale or disposition to be held or made under or in connection with judicial proceedings, or by virtue of a judgment and decree of foreclosure and sale, or pursuant to the power of sale contained herein; or through two or more such sales or dispositions; or in any other manner Mortgagee may deem to be in its best interests (any such foreclosure sale or disposition, disposition as permitted by the terms hereof is sometimes referred to herein as a “Foreclosure Sale;” and any two or moremore such sales, “Foreclosure Sales”). If Mortgagee it chooses to have more than one Foreclosure Sale, Mortgagee at its option may cause the Foreclosure Sales to be held simultaneously or successively, on the same day, or on such different days and at such different times and in such order as Mortgagee it may deem to be in its best interests. No Foreclosure Sale shall terminate or affect the liens of this Mortgage on any part of the Mortgaged Property which has not been sold, until all of the Secured Loan Obligations have been paid in full.

Appears in 1 contract

Samples: Construction/Permanent Mortgage, Security Agreement, Assignment of Leases and Rents, Financing Statement and Fixture Filing (Green Plains Renewable Energy, Inc.)

Single or Multiple Foreclosure Sales. If the Property consists of more than one lot, parcel or item of property, Mortgagee may: (ia) Designate the order in which the lots, parcels and/or items shall be sold or disposed of or offered for sale or disposition; and (iib) Elect to dispose of the lots, parcels and/or items through a single consolidated sale Foreclosure Sale or disposition to be held or made under the power of sale granted in Sections 1.1 and 6.3.7, or in connection with judicial proceedings, or by virtue of a judgment and decree of foreclosure and sale; or through two or more such sales or dispositions; or in any other manner Mortgagee may deem to be in its best interests (any such sale or disposition, a “Foreclosure Sale;” and any two or more, “Foreclosure Sales”)interests. If Mortgagee chooses to have more than one Foreclosure Sale, Mortgagee at its option may cause the Foreclosure Sales to be held simultaneously or successively, on the same day, or on such different days and at such different times and in such order as Mortgagee may deem to be in its best interests. No Foreclosure Sale shall terminate or affect the liens or security interests of this Mortgage on any part of the Property which has not been sold, sold until all of the Secured Obligations have been paid in fullfull and the Commitment has been fully and finally terminated.

Appears in 1 contract

Samples: Credit Agreement (Pinnacle Entertainment Inc)

Single or Multiple Foreclosure Sales. If the Property consists of more than one lot, parcel or item of property, Mortgagee may: (ia) Designate the order in which the lots, parcels and/or items shall be sold or disposed of or offered for sale or disposition; and (iib) Elect to dispose of the lots, parcels and/or items through a single consolidated sale or disposition to be held or made under or in connection with judicial proceedings, or by virtue of a judgment and decree of foreclosure and sale; or through two or more such sales or dispositions; or in any other manner Mortgagee may deem to be in its best interests (any such sale or disposition, a “Foreclosure Sale;” and any two or more, “Foreclosure Sales”). If Mortgagee chooses to have more than one Foreclosure Sale, Mortgagee at its option may cause the Foreclosure Sales to be held simultaneously or successively, on the same day, or on such different days and at such different times and in such order as Mortgagee may deem to be in its best interests. No Foreclosure Sale shall terminate or affect the liens of this Mortgage on any part of the Property which has not been sold, until all of the Secured Obligations have been paid in full.

Appears in 1 contract

Samples: Credit Agreement (Glimcher Realty Trust)

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Single or Multiple Foreclosure Sales. If the Mortgaged Property consists of more than one lot, parcel or item of propertyMortgaged Property, Mortgagee may, in accordance with applicable law: (i) Designate designate the order in which the lots, parcels and/or items shall be sold or disposed of or offered for sale or disposition; and (ii) Elect elect to dispose of the lots, parcels and/or items through a single consolidated sale or disposition to be held or made under or in connection with judicial proceedings, or by virtue of a judgment and decree of foreclosure and sale, or pursuant to the power of sale contained herein; or through two or more such sales or dispositions; or in any other manner Mortgagee may deem to be in its best interests (any such foreclosure sale or disposition, disposition as permitted by the terms hereof is sometimes referred to herein as a “Foreclosure Sale;,” and any two or moremore such sales, “Foreclosure Sales”). If Mortgagee it chooses to have more than one Foreclosure Sale, Mortgagee at its option may cause the Foreclosure Sales to be held simultaneously or successively, on the same day, or on such different days and at such different times and in such order as Mortgagee it may deem to be in its best interests. No Foreclosure Sale shall terminate or affect the liens of this Mortgage on any part of the Mortgaged Property which has not been sold, until all of the Secured Loan Obligations have been paid in full.

Appears in 1 contract

Samples: Subordinate Construction/Permanent Mortgage, Security Agreement, Assignment of Leases and Rents, Financing Statement and Fixture Filing (Green Plains Renewable Energy, Inc.)

Single or Multiple Foreclosure Sales. If the Mortgaged Property consists of more than one lot, parcel or item of propertyMortgaged Property, Mortgagee may: , in accordance with applicable law: (iii) Designate | designate the order in which the lots, parcels and/or items shall be sold or disposed of or offered for sale or disposition; and and (iiiti) Elect elect to dispose of the lots, parcels and/or items through a single consolidated sale or disposition to be held or made under or in connection with judicial proceedings, or by virtue of a judgment and decree of foreclosure and sale, or pursuant to the power of sale contained herein; or through two or more such sales or dispositions; or in any other manner Mortgagee may deem to be in its best interests (any such foreclosure sale or disposition, disposition as permitted by the terms hereof is sometimes referred to herein as a “Foreclosure Sale;” and any two or moremore such sales, “Foreclosure Sales”). If Mortgagee it chooses to have more than one Foreclosure Sale, Mortgagee at its option may cause the Foreclosure Sales to be held simultaneously or successively, on the same day, or on such different days and at such different times and in such order as Mortgagee it may deem to be in its best interests. No Foreclosure Sale shall terminate or affect the liens of this Mortgage on any part of the Mortgaged Property which has not been sold, until all of the Secured Obligations have been paid in full.. 18

Appears in 1 contract

Samples: Second Amended and Restated Construction Loan Mortgage (Cardinal Ethanol LLC)

Single or Multiple Foreclosure Sales. If the Mortgaged Property consists of more than one lot, parcel or item of propertyMortgaged Property, Mortgagee may, in accordance with applicable law: (i) Designate designate the order in which the lots, parcels and/or items shall be sold or disposed of or offered for sale or disposition; and (ii) Elect elect to dispose of the lots, parcels and/or items through a single consolidated sale or disposition to be held or made under or in connection with judicial proceedings, or by virtue of a judgment and decree of foreclosure and sale, or pursuant to the power of sale contained herein; or through two or more such sales or dispositions; or in any other manner Mortgagee may deem to be in its best interests (any such foreclosure sale or disposition, disposition as permitted by the terms hereof is sometimes referred to herein as a “Foreclosure Sale;” and any two or moremore such sales, “Foreclosure Sales”). If Mortgagee it chooses to have more than one Foreclosure Sale, Mortgagee at its option may cause the Foreclosure Sales to be held simultaneously or successively, on the same day, or on such different days and at such different times and in such order as Mortgagee it may deem to be in its best interests. No Foreclosure Sale shall terminate or affect the liens of this Mortgage on any part of the Mortgaged Property which has not been sold, until all of the Secured Obligations have been paid in full.

Appears in 1 contract

Samples: Construction Loan Mortgage (Cardinal Ethanol LLC)

Single or Multiple Foreclosure Sales. If the Property consists of more than one lot, parcel or item of property, Mortgagee Beneficiary may: (i) Designate designate the order in which the lots, parcels and/or items shall be sold or disposed of or offered for sale or disposition; and (ii) Elect elect to dispose of the lots, parcels and/or items through a single consolidated sale or disposition to be held or made under the power of sale granted in Section 7.2(g), or in connection with judicial proceedings, or by virtue of a judgment and decree of foreclosure and sale; or through two or more such sales or dispositions; or in any other manner Mortgagee Beneficiary may deem to be in its best interests (any such sale or disposition, a "Foreclosure Sale;” and " any two or more, "Foreclosure Sales"). If Mortgagee it chooses to have more than one Foreclosure Sale, Mortgagee Beneficiary at its option may cause the Foreclosure Sales to be held simultaneously or successively, on the same day, or on such different days and at such different times and in such order as Mortgagee it may deem to be in its best interests. No Foreclosure Sale shall will terminate or affect the liens of this Mortgage Deed of Trust on any part of the Property which has not been sold, until all of the Secured Obligations have been paid in full.

Appears in 1 contract

Samples: Deed of Trust (Oakley Inc)

Single or Multiple Foreclosure Sales. If the Property consists of more than one lot, parcel or item of property, Mortgagee may: (i) Designate the order in which the lots, parcels and/or end/or items shall be sold or disposed of or offered for sale or disposition; and (ii) Elect to dispose of the lots, parcels and/or items through a single consolidated sale or disposition to be held or made under or in connection with judicial proceedings, or by virtue of a judgment and decree of foreclosure and sale; or through two or more such sales or dispositions; or in any other manner Mortgagee may deem to be in its best interests (any such sale or disposition, a “Foreclosure Sale;” and any two or more, “Foreclosure Sales”). If Mortgagee it chooses to have more than one Foreclosure Sale, Mortgagee at its option may cause the Foreclosure Sales to be held simultaneously or successively, on the same day, or on such different days and at such different times and in such order as Mortgagee it may deem to be in its best interestsInterests. No Foreclosure Sale shall will terminate or affect the liens of this Mortgage on any part of the Property which has not been sold, until all of the Secured Obligations have been paid in full.

Appears in 1 contract

Samples: Mortgage With Assignment of Rents, Security Agreement and Fixture Filing (America First Multifamily Investors, L.P.)

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