Deficiency Judgment. If permitted by applicable law, Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender.
Deficiency Judgment. If permitted by applicable law, Lender may obtain a judgment for any deficiency remaining in the indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender’s option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender.
Deficiency Judgment. Lxxxxx may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section.
Deficiency Judgment. If permitted by applicable law, the Noteholder may obtain a judgment for any deficiency remaining in the Obligations due to The Noteholder after application of all amounts received from the exercise of rights provided in this section.
Deficiency Judgment. If permitted by applicable law, Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. ASSIGNMENT OF DEPOSIT ACCOUNT Election of Remedies. Except as may be prohibited by applicable law, all of Lender's rights and remedies, whether evidenced by this Agreement or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies.
Deficiency Judgment. Unless prohibited by law or otherwise, Beneficiary shall, in accordance with ARS § 33-814, be entitled to a deficiency judgment against Trustor if the Trustee’s Sale yields an amount insufficient to fully satisfy Trustor’s obligation hereunder or under the Obligation Secured.
Deficiency Judgment. If the lender agrees to take less than the mortgage balance and the short sale was successful, the secured debt is no longer secured to an asset and the borrower is released from liability, correct? No, not necessarily. Per state law, the lender has a period of time after the sale to pursue the difference between what was owed and what was paid from the borrower. If there was a junior lien (2nd, 3rd mortgage) that didn’t get paid at all, they also may pursue the borrower. This financial obligation is called a deficiency judgment. Short Sale v Foreclosure Decision Some states do not allow a lender to pursue a deficiency judgment against a borrower after the asset is closed. Nevada is one of the states that do allow for deficiency judgments. The deficiency judgment statute of limitations is the reason that many borrowers choose a foreclosure over a short sale. If a borrower decided to find a buyer for the lender and see the transaction through, they are still kept on the hook for the remaining balance of the lien for years to come. The statute of limitations of deficiency judgment liability is presently a couple of years less for a foreclosure over a short sale. When deciding between the two options, often times the statute of limitation in state law on deficiency judgments is a primary determiner.
Deficiency Judgment. To the fullest extent permitted by law, regardless of whether or not we foreclose on the Collateral, we may require that you pay any amounts payable by you under this Security Agreement and the Master Agreement less any proceeds that we realize from our exercise of our remedies under this Security Agreement. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ARE PERSONALLY LIABLE FOR ALL AMOUNTS PAYABLE UNDER THIS SECURITY AGREEMENT. WE ARE NOT REQUIRED TO FORECLOSE ON THE COLLATERAL BEFORE INITIATING PROCEEDINGS AGAINST YOU AND YOUR ASSETS. Our rights under this Security Agreement are cumulative and we may exercise these rights at any time if you Default. In the event that we exercise any of our rights or remedies under this Security Agreement, you will continue to be in Default until such time that you pay to us all amounts due and payable to us and you have cured any and all Defaults. Our failure to take any action or delay taking any action related to your default, or similar or unrelated default, does not waive, or imply a waiver of, any of our rights under this Security Agreement.
Deficiency Judgment. PURSUANT TO NORTH DAKOTA CENTURY CODE SECTION 32-19-06.1, MORTGAGOR IS HEREBY PUT ON NOTICE THAT MORTGAGEE OR ANY OF THE LENDERS MAY HAVE THE RIGHT TO PROCEED TO OBTAIN AND COLLECT A DEFICIENCY JUDGMENT, TOGETHER WITH FORECLOSURE OF THE PROPERTY UNDER APPLICABLE LAW. [Remainder of page intentionally left blank. Signature and acknowledgment page follows.] [****]=[CONFIDENTIAL PORTION HAS BEEN OMITTED BECAUSE IT (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED] EXECUTED and effective as of the Effective Date referred to above. THE FALKIRK MINING COMPANY, an Ohio corporation By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President STATE OF NORTH DAKOTA COUNTY OF BURLEIGH This instrument was acknowledged before me on June 29, 2021, by Xxxxxxx X. Xxxxxx, the Vice President of The Falkirk Mining Company, an Ohio corporation, on behalf of said corporation. /s/ Xxxxxxx Xxxxxxxx Notary Public My Commission expires: June 29, 2024 73007160.1 [****]=[CONFIDENTIAL PORTION HAS BEEN OMITTED BECAUSE IT (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED] EXHIBIT A LAND
Deficiency Judgment. A monetary judgment rendered by a court of com- petent jurisdiction after foreclosure and liquidation of all collateral secur- ing the loan. Energy projects. Commercially avail- able projects that produce or distribute energy or power and/or produce bio- mass or biogas fuel. Commercially available energy projects that utilize technology that has a proven operating history, and for which there is an es- tablished industry for the design, in- stallation, and service (including spare parts) of the equipment.
