Common use of Costs of Defending and Upholding the Lien Clause in Contracts

Costs of Defending and Upholding the Lien. If any action or proceeding is commenced to which action or proceeding Trustee or Beneficiary is made a party or in which it becomes necessary for Trustee or Beneficiary to defend or uphold the lien of this Deed of Trust including any extensions, renewals, amendments or modifications thereof, Grantor shall, on demand, reimburse Trustee and Beneficiary for all expenses (including, without limitation, reasonable attorneys’ fees and reasonable appellate attorneys’ fees) incurred by Trustee or Beneficiary in any such action or proceeding and all such expenses shall be secured by this Deed of Trust. In any action or proceeding to foreclose this Deed of Trust or to recover or collect the Indebtedness, the provisions of law relating to the recovering of costs, disbursements and allowances shall prevail unaffected by this covenant.

Appears in 4 contracts

Samples: Fixture Filing and Security Agreement (GNLV Corp), Fixture Filing and Security Agreement (GNLV Corp), Fixture Filing and Security Agreement (GNLV Corp)

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Costs of Defending and Upholding the Lien. If any action or proceeding is commenced to which action or proceeding Trustee or Beneficiary is made a party or in which it becomes necessary for Trustee or Beneficiary to defend or uphold the lien of this Deed of Trust Trust, including any extensions, renewals, amendments or modifications thereof, Grantor shall, on demand, reimburse Trustee and Beneficiary for all expenses (including, without limitation, reasonable attorneys’ fees and reasonable appellate attorneys’ fees) incurred by Trustee or Beneficiary in any such action or proceeding and all such expenses shall be secured by this Deed of Trust. In any action or proceeding to foreclose this Deed of Trust or to recover or collect the Indebtedness, the provisions of law relating to the recovering of costs, disbursements and allowances shall prevail unaffected by this covenant.

Appears in 3 contracts

Samples: Fixture Filing and Security Agreement (GNLV Corp), Fixture Filing and Security Agreement (GNLV Corp), Fixture Filing and Security Agreement (GNLV Corp)

Costs of Defending and Upholding the Lien. If any action or proceeding is commenced to which action or proceeding Trustee or Beneficiary is made a party or in which it becomes necessary for Trustee or Beneficiary to defend or uphold the lien of this Deed of Trust including any extensions, renewals, amendments or modifications thereof, Grantor shall, on demand, reimburse Trustee and Beneficiary for all expenses (including, without limitation, reasonable attorneys’ fees and reasonable appellate attorneys’ fees) incurred by Trustee or Beneficiary in any such action or proceeding and all such expenses shall be secured by this Deed of Trust. In any action or proceeding to foreclose this Deed of Trust or to recover or collect the IndebtednessSecured Obligations, the provisions of law relating to the recovering of costs, disbursements and allowances shall prevail unaffected by this covenant.

Appears in 2 contracts

Samples: Security Agreement and Fixture Filing (Erickson Air-Crane Inc.), Intercreditor Agreement (Erickson Air-Crane Inc.)

Costs of Defending and Upholding the Lien. If any action or proceeding is commenced to which action or proceeding Trustee or Beneficiary is made a party or in which it becomes necessary for Trustee or Beneficiary to defend or uphold the lien of this Deed of Trust including any extensions, renewals, amendments or modifications thereof, Grantor shall, on demand, reimburse Trustee and Beneficiary for all expenses (including, without limitation, reasonable attorneys' fees and reasonable appellate attorneys' fees) incurred by Trustee or Beneficiary in any such action or proceeding and all such expenses shall be secured by this Deed of Trust. In any action or proceeding to foreclose this Deed of Trust or to recover or collect the Indebtedness, the provisions of law relating to the recovering of costs, disbursements and allowances shall prevail unaffected by this covenant.

Appears in 2 contracts

Samples: Leases and Security Agreement (Interdent Inc), Leases and Security Agreement (Interdent Inc)

Costs of Defending and Upholding the Lien. If any action or proceeding is commenced to which action or proceeding Trustee or Beneficiary Mortgagee is made a party or in which it becomes necessary for Trustee or Beneficiary Mortgagee to defend or uphold the lien of this Deed of Trust Mortgage including any extensions, renewals, amendments or modifications thereof, Grantor Mortgagor shall, on demand, reimburse Trustee and Beneficiary Mortgagee for all expenses (including, without limitation, reasonable attorneys’ fees and reasonable appellate attorneys’ fees) incurred by Trustee or Beneficiary Mortgagee in any such action or proceeding and all such expenses shall be secured by this Deed of TrustMortgage. In any action or proceeding to foreclose this Deed of Trust Mortgage or to recover or collect the IndebtednessSecured Obligations, the provisions of law relating to the recovering of costs, disbursements and allowances shall prevail unaffected by this covenant.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Dixie Group Inc)

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Costs of Defending and Upholding the Lien. If any action or proceeding is commenced to which action or proceeding Trustee or Beneficiary Mortgagee is made a party or in which it becomes necessary for Trustee or Beneficiary Mortgagee to defend or uphold the lien Lien of this Deed of Trust Mortgage including any extensions, renewals, amendments or modifications thereof, Grantor Mortgagor shall, on demand, reimburse Trustee and Beneficiary Mortgagee for all expenses (including, without limitation, reasonable attorneys' fees and reasonable appellate attorneys' fees) incurred by Trustee or Beneficiary Mortgagee in any such action or proceeding and all such expenses shall be secured by this Deed of TrustMortgage. In any action or proceeding to foreclose this Deed of Trust Mortgage or to recover or collect the IndebtednessObligations, the provisions of law relating to the recovering of costs, disbursements and allowances shall prevail unaffected by this covenant.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Acura Pharmaceuticals, Inc)

Costs of Defending and Upholding the Lien. If any action or proceeding is commenced to which action or proceeding Trustee or Beneficiary Mortgagee is made a party or in which it becomes necessary for Trustee or Beneficiary Mortgagee to defend or uphold the lien of this Deed of Trust Mortgage including any extensions, renewals, amendments or modifications thereof, Grantor Mortgagor shall, on demand, reimburse Trustee and Beneficiary Mortgagee for all expenses (including, without limitation, reasonable attorneys' fees and reasonable appellate attorneys' fees) incurred by Trustee or Beneficiary Mortgagee in any such action or proceeding and all such expenses shall be secured by this Deed of TrustMortgage. In any action or proceeding to foreclose this Deed of Trust Mortgage or to recover or collect the Indebtedness, the provisions of law relating to the recovering of costs, disbursements and allowances shall prevail unaffected by this covenant.

Appears in 1 contract

Samples: And Security Agreement (Interdent Inc)

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