Commence Foreclosure Proceedings. Beneficiary may commence a -------------------------------- civil action to foreclose the Deed of Trust Lien for payment of Trustor's Obligations, or any part thereof, and obtain an order or judgment of foreclosure and sale of the Trust Property. In any civil action to foreclose the Deed of Trust Lien or otherwise enforce Beneficiary's rights, there shall be allowed and included as part of Trustor's Obligations in the order or judgment for foreclosure and sale (or other order), all expenditures and expenses which may be paid or incurred by or on behalf of Beneficiary for attorneys' fees, costs and expenses, appraiser's fees, engineer's fees, out-lays for documentary and expert evidence, receiver's fees, stenographers' charges, publication costs, and costs (which may be estimates as to items to be expended after entry of such order or judgment) of procuring all such abstracts of title, title searches and examinations, title insurance policies and similar data and assurances with respect to the title of the Trust Property as Beneficiary may deem necessary either to prosecute such civil action or to evidence to bidders at any sale which may be had pursuant to such order or judgment the true condition of the title to, or the value of, the Trust Property.
Commence Foreclosure Proceedings. The District covenants for the benefit of the Owners of the Authority Bonds that it will commence judicial foreclosure proceedings against parcels with delinquent Special Taxes in excess of $ 50,000 by the October 1 following the close of each Fiscal Year in which such Special Taxes were placed on the tax roll and will diligently pursue such foreclosure proceedings to completion or the earlier payment of the delinquent Special Taxes. The District covenants to place on the tax roll in each Fiscal Year all Special Taxes which remain delinquent and unpaid from the prior Fiscal Year. The District covenants that it will deposit to Special Tax Fund A any Gross Taxes received in connection with a foreclosure that remain after the payment of Administrative Expenses related to such foreclosure and such Gross Taxes shall be applied in accordance with Section 3.4 hereof.
Commence Foreclosure Proceedings. The City covenants for the benefit of the Owners of the Bonds that it will determine or cause to be determined, no later than September 1 of each year, whether or not any owners of property within the Assessment District are delinquent in the payment of Assessments and, if such delinquencies exist, the City will order and cause to be commenced no later than November 1 of that same year and thereafter diligently prosecute or cause to be prosecuted, an action in the superior court to foreclose the lien of any Assessments or installment thereof not paid when due, provided, however, that the City shall not be required to order the commencement of foreclosure proceedings if (i) the total Assessment delinquency in the Assessment District for such Fiscal Year is less than five percent (5%) of the total Assessments levied in such Fiscal Year, and (ii) the Reserve Fund remains at the Reserve Requirement. Notwithstanding the foregoing, if the City determines that any single property owner in the Assessment District is delinquent in excess of five thousand dollars ($5,000) in the payment of Assessments, then it will diligently institute, prosecute and pursue foreclosure proceedings against such property owner. Not later than thirty days prior to the applicable November 1 deadline for institution of foreclosure proceedings, the Finance Director shall notify the Council and the City Attorney of any delinquency requiring the commencement of a foreclosure action pursuant hereto, and the City shall commence, or cause to be commenced, such proceedings. The City may, but shall not be obligated to, advance funds from any source of legally available funds in order to maintain the Reserve Fund at the Reserve Requirement. Anything in this Agreement to the contrary notwithstanding, the City may employ a fiscal agent or attorney to undertake and perform its obligations under this subsection (b).
Commence Foreclosure Proceedings. Under the Act, the City hereby covenants with and for the benefit of the Owners of the Bonds that it will order, and cause to be commenced as hereinafter provided, and thereafter diligently prosecute to judgment (unless such delinquency is theretofore brought current), an action in the superior court to foreclose the lien of any Special Tax or installment thereof not paid when due as provided in the following two paragraphs. The Finance Director will notify the City Attorney of any such delinquency of which the Finance Director is aware, and the City Attorney will commence, or cause to be commenced, such proceedings. On or about October 1 of each Fiscal Year, the Finance Director will compare the amount of Special Taxes theretofore levied in the prior Fiscal Year in the CFD to the amount of Gross Taxes theretofore received by the City, and:
Commence Foreclosure Proceedings. The District hereby covenants with and for the benefit of the Owners of the Bonds and the landowners of Improvement Area No. 8F securing such Bonds that it will review the public records of the County of Riverside, California, in connection with the collection of the Special Tax not later than July 1 of each year to determine the amount of Special Tax collected in the prior Fiscal Year; and with respect to individual delinquencies within Improvement Area No. 8F, if the District determines that any single property owner subject to the Special Tax is delinquent in the payment of Special Taxes in the aggregate of $2,500 or more or as to any single parcel the delinquent Special Taxes represent more than 5% of the aggregate Special Taxes within Improvement Area No. 8F, then the District will send or cause to be sent a notice of delinquency (and a demand for immediate payment thereof) to the property owner within 45 days of such determination, and (if the delinquency remains uncured) the District will cause judicial foreclosure proceedings to be filed in the Superior Court within ninety (90) days of such determination against all properties for which the Special Taxes remain delinquent. The City Attorney is hereby authorized to employ counsel to conduct any such foreclosure proceedings. The fees and expenses of any such counsel and costs and expenses of the City Attorney (including a charge for City or District staff time) in conducting foreclosure proceedings shall be an Administrative Expense hereunder.
