Transfer of the Property or a Beneficial Interest in Borrower. For purposes of this Section 19 only, “Interest in the Property” means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract, or escrow agreement, the intent of which is the transfer of title by Borrower to a purchaser at a future date. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Xxxxxx’s prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, Lender will not exercise this option if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender will give Borrower notice of acceleration. The notice will provide a period of not less than 30 days from the date the notice is given in accordance with Section 16 within which Borrower must pay all sums secured by this Security Instrument. If Xxxxxxxx fails to pay these sums prior to, or upon, the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower and will be entitled to collect all expenses incurred in pursuing such remedies, including, but not limited to: (a) reasonable attorneys’ fees and costs; (b) property inspection and valuation fees; and (c) other fees incurred to protect Xxxxxx’s Interest in the Property and/or rights under this Security Instrument.
Appears in 115 contracts
Samples: Deed of Trust, Security Deed, Deed of Trust
Transfer of the Property or a Beneficial Interest in Borrower. For purposes of this Section 19 14 only, “Interest in the Property” means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract, or escrow agreement, the intent of which is the transfer of title by Borrower to a purchaser at a future date. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Xxxxxx’s prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, Lender will not exercise this option if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender will give Borrower notice of acceleration. The notice will provide a period of not less than 30 days from the date the notice is given in accordance with Section 16 11 within which Borrower must pay all sums secured by this Security Instrument. If Xxxxxxxx fails to pay these sums prior to, or upon, the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower and will be entitled to collect all expenses incurred in pursuing such remedies, including, but not limited to: (a) reasonable attorneys’ fees and costs; (b) property inspection and valuation fees; and (c) other fees incurred to protect Xxxxxx’s Interest in the Property and/or rights under this Security Instrument.
Appears in 24 contracts
Samples: Subordinate Deed of Trust, Subordinate Deed of Trust, Subordinate Mortgage
Transfer of the Property or a Beneficial Interest in Borrower. For purposes of As used in this Section 19 only16, “Interest in the Property” means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract, contract or escrow agreement, the intent of which is the transfer of title by Borrower to a purchaser Xxxxxxxx at a future datedate to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Xxxxxx’s prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, Lender will not exercise this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender will shall give Borrower notice of acceleration. The notice will shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 16 13 within which Borrower must pay all sums secured by this Security Instrument. If Xxxxxxxx fails to pay these sums prior to, or upon, to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower and will be entitled to collect all expenses incurred in pursuing such remedies, including, but not limited to: (a) reasonable attorneys’ fees and costs; (b) property inspection and valuation fees; and (c) other fees incurred to protect Xxxxxx’s Interest in the Property and/or rights under this Security InstrumentBorrower.
Appears in 4 contracts
Samples: Masshousing Second Mortgage Down Payment Assistance Mortgage, Masshousing Second Mortgage Down Payment Assistance Mortgage, Masshousing Second Mortgage Down Payment Assistance Mortgage
Transfer of the Property or a Beneficial Interest in Borrower. For purposes of this Section 19 17 only, “Interest in the Property” means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract, or escrow agreement, the intent of which is the transfer of title by Borrower to a purchaser at a future date. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Xxxxxx’s prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, Lender will not exercise this option if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender will give Borrower notice of acceleration. The notice will provide a period of not less than 30 days from the date the notice is given in accordance with Section 16 14 within which Borrower must pay all sums secured by this Security Instrument. If Xxxxxxxx fails to pay these sums prior to, or upon, the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower and will be entitled to collect all expenses incurred in pursuing such remedies, including, but not limited to: (a) reasonable attorneys’ fees and costs; (b) property inspection and valuation fees; and (c) other fees incurred to protect Xxxxxx’s Interest in the Property and/or rights under this Security Instrument.
Appears in 4 contracts
Samples: Texas Home Equity Security Instrument, Texas Home Equity Security Instrument, Texas Home Equity Security Instrument
Transfer of the Property or a Beneficial Interest in Borrower. For purposes of As used in this Section 19 only18, “"Interest in the Property” " means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract, contract or escrow agreement, the intent of which is the transfer of title by Borrower to a purchaser Xxxxxxxx at a future datedate to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Xxxxxx’s 's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, Lender will not exercise this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender will shall give Borrower notice of acceleration. The notice will shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 16 15 within which Borrower must pay all sums secured by this Security Instrument. If Xxxxxxxx fails to pay these sums prior to, or upon, to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower and will be entitled to collect all expenses incurred in pursuing such remedies, including, but not limited to: (a) reasonable attorneys’ fees and costs; (b) property inspection and valuation fees; and (c) other fees incurred to protect Xxxxxx’s Interest in the Property and/or rights under this Security InstrumentBorrower.
Appears in 2 contracts
Samples: Deed of Trust (J2 Global Communications Inc), Mortgage (Staar Surgical Co)
Transfer of the Property or a Beneficial Interest in Borrower. For purposes of this Section 19 only, “Interest in the Property” means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract, or escrow agreement, the intent of which is the transfer of title by Borrower to a purchaser at a future date. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Xxxxxx’s prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, Lender will not exercise this option if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender will give Borrower notice of acceleration. The notice will provide a period of not less than 30 days from the date the notice is given in accordance with Section 16 within which Borrower must pay all sums secured by this Security Instrument. If Xxxxxxxx fails to pay these sums prior to, or upon, the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower and will be entitled to collect all expenses incurred collect, as permitted by the Note and Applicable Law, the following charges in pursuing such remedies, including, but not limited toconnection with Xxxxxxxx’s Default: (a) reasonable attorneys’ fees and costscosts of publication; (b) an appraisal fee; (c) all costs incidental to a title examination including professional fees, expenses incident to travel and copies of real estate and tax records; (d) expenses incidental to notice made to lienholders and other parties and entities having an interest in the real property inspection and valuation feesto be sold; (e) certified mailing costs; and (cf) other all fees and expenses incurred by a Trustee incident to protect Xxxxxx’s Interest in a pending Trustee's sale of the Property and/or rights under this Security Instrumentreal property securing the consumer loan.
Appears in 2 contracts
Samples: Deed of Trust, Deed of Trust
Transfer of the Property or a Beneficial Interest in Borrower. For purposes of As used in this Section 19 only18, “Interest in the Property” means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract, contract or escrow agreement, the intent of which is the transfer of title by Borrower to a purchaser Xxxxxxxx at a future datedate to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Xxxxxx’s prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, Lender will not exercise this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender will shall give Borrower notice of acceleration. The notice will shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 16 15 within which Borrower must pay all sums secured by this Security Instrument. If Xxxxxxxx fails to pay these sums prior to, or upon, to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower and will be entitled to collect all expenses incurred in pursuing such remedies, including, but not limited to: (a) reasonable attorneys’ fees and costs; (b) property inspection and valuation fees; and (c) other fees incurred to protect Xxxxxx’s Interest in the Property and/or rights under this Security InstrumentBorrower.
Appears in 1 contract
Samples: Mortgage
Transfer of the Property or a Beneficial Interest in Borrower. For purposes of As used in this Section 19 only15, “"Interest in the Property” " means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract, contract or escrow agreement, the intent of which is the transfer of title by Borrower to a purchaser Xxxxxxxx at a future datedate to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Xxxxxx’s 's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, Lender will not exercise this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender will shall give Borrower notice of acceleration. The notice will shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 16 12 within which Borrower must pay all sums secured by this Security Instrument. If Xxxxxxxx fails to pay these sums prior to, or upon, to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower and will be entitled to collect all expenses incurred in pursuing such remedies, including, but not limited to: (a) reasonable attorneys’ fees and costs; (b) property inspection and valuation fees; and (c) other fees incurred to protect Xxxxxx’s Interest in the Property and/or rights under this Security InstrumentBorrower.
Appears in 1 contract
Samples: Loan Agreement (S&W Seed Co)
Transfer of the Property or a Beneficial Interest in Borrower. For purposes of As used in this Section 19 only13, “Interest in the Property” means any direct or indirect legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract, contract or escrow agreement, the intent of which is the transfer of title by Borrower to a purchaser at a future datedate to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a any beneficial interest in Borrower is sold or transferred) without Xxxxxx’s prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, Lender will not exercise this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender will shall give Borrower notice of acceleration. The notice will shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 16 12 within which Borrower must pay all sums secured by this Security Instrument. If Xxxxxxxx fails to pay these sums prior to, or upon, to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower and will be entitled to collect all expenses incurred in pursuing such remedies, including, but not limited to: (a) reasonable attorneys’ fees and costs; (b) property inspection and valuation fees; and (c) other fees incurred to protect Xxxxxx’s Interest in the Property and/or rights under this Security InstrumentBorrower.
Appears in 1 contract
Samples: Deed of Trust, Security Agreement and Fixture Filing
Transfer of the Property or a Beneficial Interest in Borrower. For purposes Except for the sale of this Section 19 onlythe Project, “Interest in the Property” means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract, or escrow agreement, the intent of which is the transfer of title by Borrower to a purchaser at a future date. If if all or any part of the Property or any Interest interest in the Property it is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferredtransferred and Borrower is not a natural person) without Xxxxxx’s Lender's prior written consentconsent (including a transfer of all or any part of the Property to any person who, at initial occupancy of the Property, does not use the Property for LMMI households as described in Section 7(a)) Lender may may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, Lender will not exercise this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. federal law as of the date of this Security Instrument.
a. If Lender exercises this the foregoing option, Lender will shall give Borrower prior written notice of acceleration. The notice will shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 16 delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Xxxxxxxx Borrower fails to pay these sums prior to, or upon, to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.
b. Notwithstanding Lender's right to invoke any remedies hereunder, as provided in Section 8 above, Lender agrees that it will not commence foreclosure proceedings or accept a deed in lieu of foreclosure, or exercise any other rights or remedies hereunder until it has given the Borrower and will be entitled to collect all expenses incurred in pursuing such remedies, including, but not limited to: (a) reasonable attorneys’ fees and costs; (b) property inspection and valuation fees; and (c) other fees incurred to protect Xxxxxx’s Interest in the Property and/or rights under this Security Instrumentleast 60 days' prior written notice.
Appears in 1 contract
Samples: Subrecipient Agreement