Common use of Expenses of Enforcement Clause in Contracts

Expenses of Enforcement. In connection with any action to enforce any remedy of the Beneficiary under this Deed of Trust, the Trustor agrees to pay all costs and expenses which may be paid or incurred by or on behalf of the Beneficiary or the Trustee, including, without limitation, reasonable attorneys' fees, receiver's fees, appraiser's fees, outlays for documentary and expert evidence, stenographer's charges, publication costs, and costs (which may be estimated as to items to be expended after entry of the decree) of procuring all such abstracts of title, title searches and examinations, title insurance policies and similar data and assurances with respect to title and value as the Beneficiary may deem necessary or desirable, and neither the Beneficiary nor any other Person shall be required to accept tender of any portion of the Obligations unless the same be accompanied by a tender of all such expenses, costs and commissions. All of the costs and expenses described in this Section 4.09, and such expenses and fees as may be incurred in the protection of the Trust Property and the maintenance of the Lien of this Deed of Trust, including the reasonable fees of any attorney employed by the Beneficiary or the Trustee in any litigation or proceeding, including appellate proceedings, affecting this Deed of Trust or the Trust Property (including, without limitation, the occupancy thereof or any construction work performed thereon), including probate and bankruptcy proceedings, or in preparation for the commencement or defense of any proceeding or threatened suit or proceeding whether or not an action is actually commenced, shall be immediately due and payable by the Trustor, with interest thereon at the rate of interest set forth in the Credit Documents and shall be part of the Obligations secured by this Deed of Trust.

Appears in 3 contracts

Samples: Rj Reynolds Tobacco Holdings Inc, Rj Reynolds Tobacco Holdings Inc, Rj Reynolds Tobacco Holdings Inc

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Expenses of Enforcement. In connection with any action to enforce any remedy of the Beneficiary under this Deed of Trust, the Trustor agrees to pay all costs and expenses which may be paid or incurred by or on behalf of the Beneficiary or the Trustee, including, without limitation, reasonable attorneys' fees, receiver's ’s fees, appraiser's ’s fees, outlays for documentary and expert evidence, stenographer's ’s charges, publication costs, and costs (which may be estimated as to items to be expended after entry of the decree) of procuring all such abstracts of title, title searches and examinations, title insurance policies and similar data and assurances with respect to title and value as the Beneficiary may deem necessary or desirable, and neither the Beneficiary nor any other Person shall be required to accept tender of any portion of the Obligations unless the same be accompanied by a tender of all such expenses, costs and commissions. All of the costs and expenses described in this Section 4.09, and such expenses and fees as may be incurred in the protection of the Trust Property and the maintenance of the Lien of this Deed of Trust, including the reasonable fees of any attorney employed by the Beneficiary or the Trustee in any litigation or proceeding, including appellate proceedings, affecting this Deed of Trust or the Trust Property (including, without limitation, the occupancy thereof or any construction work performed thereon), including probate and bankruptcy proceedings, or in preparation for the commencement or defense of any proceeding or threatened suit or proceeding whether or not an action is actually commenced, shall be immediately due and payable by the Trustor, with interest thereon at the rate of interest set forth in the Credit Documents Secured Debt Agreements and shall be part of the Obligations secured by this Deed of Trust.

Appears in 2 contracts

Samples: Security Agreement (Reynolds American Inc), Reynolds American Inc

Expenses of Enforcement. In connection with any action to enforce any remedy of the Beneficiary Secured Party under this Deed of Trust, the Trustor Xxxxxxx agrees to pay all reasonable costs and expenses which may be paid or incurred by or on behalf of the Beneficiary or the TrusteeSecured Party, including, without limitation, reasonable attorneys' fees, receiver's fees, appraiser's fees, outlays for documentary and expert evidence, stenographer's charges, publication costs, and costs (which may be estimated as to items to be expended after entry of the decree) of procuring all such abstracts of title, title searches and examinations, title insurance policies and similar data and assurances with respect to title and value as the Beneficiary Secured Party may deem necessary or desirable, and neither the Beneficiary Secured Party nor any other Person shall be required to accept tender of any portion of the Obligations unless the same be accompanied by a tender of all such expenses, costs and commissions. All of the reasonable costs and expenses described in this Section 4.09Section, and such expenses and fees as may be incurred in the protection of the Trust Property and the maintenance of the Lien of this Deed of Trust, including the reasonable fees of any attorney employed by the Beneficiary or the Trustee Secured Party in any litigation or proceeding, including appellate proceedings, affecting this Deed of Trust or the Trust Property (including, without limitation, the occupancy thereof or any construction work performed thereon), including probate and bankruptcy proceedings, or in preparation for the commencement or defense of any proceeding or threatened suit or proceeding whether or not an action is actually commenced, shall be immediately due and payable by the Trustor, with interest thereon at the rate of interest set forth in the Credit Documents and shall be part of the Obligations secured by this Deed of TrustGrantor.

Appears in 2 contracts

Samples: www.pacificorp.com, pscdocs.utah.gov

Expenses of Enforcement. In connection with any action to enforce any remedy of the Beneficiary Mortgagee under this Deed of TrustMortgage, the Trustor Mortgagor agrees to pay all out-of-pocket costs and expenses which may be reasonably paid or incurred by or on behalf of the Beneficiary or the TrusteeMortgagee, including, without limitation, reasonable attorneys' fees, receiver's fees, appraiser's fees, outlays for documentary and expert evidence, stenographer's charges, publication costs, and costs (which may be estimated as to items to be expended after entry of the decree) of procuring all such abstracts of title, title searches and examinations, title insurance policies and similar data and assurances with respect to title and value as the Beneficiary Mortgagee may deem necessary or desirable, and neither the Beneficiary Mortgagee nor any other Person shall be required to accept tender of any portion of the Obligations unless the same be accompanied by a tender of all such expenses, costs and commissions. All of the costs and expenses described in this Section 4.09, 4.09 and such expenses and fees as may be reasonably incurred in the protection of the Trust Property and the maintenance of the Lien of this Deed of Trust, including the reasonable fees of any attorney employed by the Beneficiary or the Trustee Mortgagee in any litigation or proceeding, proceeding (including appellate proceedings, affecting ) arising from the enforcement of this Deed of Trust Mortgage or the Trust Mortgaged Property (including, without limitation, the occupancy thereof or any construction work performed thereon), including probate and bankruptcy proceedings, or in preparation for the commencement or defense of any such proceeding or such threatened suit or proceeding whether or not an action is actually commenced, shall be immediately due and payable by the TrustorMortgagor, with interest thereon at the rate of interest set forth in the Credit Documents Default Rate and shall be part of the Obligations secured by this Deed of TrustMortgage.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Williams Companies Inc)

Expenses of Enforcement. In connection with any action to enforce any remedy of the Beneficiary Mortgagee under this Deed of TrustMortgage, the Trustor Mortgagor agrees to pay all costs and expenses which may be paid or incurred by or on behalf of the Beneficiary or the TrusteeMortgagee, including, without limitation, reasonable attorneys' fees, receiver's fees, appraiser's fees, outlays for documentary and expert evidence, stenographer's charges, publication costs, and costs (which may be estimated as to items to be expended after entry of the decree) of procuring all such abstracts of title, title searches and examinations, title insurance policies and similar data and assurances with respect to title and value as the Beneficiary Mortgagee may deem necessary or desirable, and neither the Beneficiary Mortgagee nor any other Person shall be required to accept tender of any portion of the Obligations unless the same be accompanied by a tender of all such expenses, costs and commissions. All of the costs and expenses described in this Section 4.09, and such expenses and fees as may be incurred in the protection of the Trust Property and the maintenance of the Lien of this Deed of TrustMortgage, including the reasonable fees of any attorney employed by the Beneficiary or the Trustee Mortgagee in any litigation or proceeding, including appellate proceedings, affecting this Deed of Trust Mortgage or the Trust Property (including, without limitation, the occupancy thereof or any construction work performed thereon), including probate and bankruptcy proceedings, or in preparation for the commencement or defense of any proceeding or threatened suit or proceeding whether or not an action is actually commenced, shall be immediately due and payable by the TrustorMortgagor, with interest thereon at the rate of interest set forth in the Credit Documents and shall be part of the Obligations secured by this Deed of TrustMortgage.

Appears in 1 contract

Samples: Reynolds American Inc

Expenses of Enforcement. In connection with any action to enforce any remedy of the Beneficiary Mortgagee under this Deed of TrustMortgage, the Trustor Mortgagor agrees to pay all reasonable costs and expenses which may be paid or were actually incurred by or on behalf of the Beneficiary or the TrusteeMortgagee, including, without limitation, reasonable attorneys' fees, receiver's ’s fees, appraiser's ’s fees, outlays for documentary and expert evidence, stenographer's ’s charges, publication costs, and costs (which may be estimated as to items to be expended after entry of the decree) of procuring all such abstracts of title, title searches and examinations, title insurance policies and similar data and assurances with respect to title and value as the Beneficiary Mortgagee may deem necessary or desirable, and neither the Beneficiary Mortgagee nor any other Person shall be required to accept tender of any portion of the Obligations unless the same be accompanied by a tender of all such expenses, costs and commissions. All of the costs and expenses described in this Section 4.095.09, and such expenses and fees as may be incurred in the protection of the Trust Mortgaged Property and the maintenance of the Lien of this Deed of TrustMortgage, including the reasonable fees of any attorney employed by the Beneficiary or the Trustee Mortgagee in any litigation or proceeding, including appellate proceedings, affecting this Deed of Trust Mortgage or the Trust Mortgaged Property (including, without limitation, the occupancy thereof or any construction work performed thereon), including probate and bankruptcy proceedings, or in preparation for the commencement or defense of any proceeding or threatened suit or proceeding whether or not an action is actually commenced, shall be immediately due and payable by the TrustorMortgagor, with interest thereon at the rate of interest set forth in Section 2.12(c) of the Credit Documents Agreement and shall be part of the Obligations secured by this Deed of TrustMortgage.

Appears in 1 contract

Samples: Credit Agreement (Dole Food Co Inc)

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Expenses of Enforcement. In connection with any action to enforce any remedy of the Beneficiary Grantee under this Deed of TrustTo Secure Debt, the Trustor Grantor agrees to pay all costs and expenses which may be paid or incurred by or on behalf of the Beneficiary or the TrusteeGrantee, including, without limitation, reasonable attorneys' fees, receiver's ’s fees, appraiser's ’s fees, outlays for documentary and expert evidence, stenographer's ’s charges, publication costs, and costs (which may be estimated as to items to be expended after entry of the decree) of procuring all such abstracts of title, title searches and examinations, title insurance policies and similar data and assurances with respect to title and value as the Beneficiary Grantee may deem necessary or desirable, and neither the Beneficiary Grantee nor any other Person shall be required to accept tender of any portion of the Obligations unless the same be accompanied by a tender of all such expenses, costs and commissions. All of the costs and expenses described in this Section 4.09, and such expenses and fees as may be incurred in the protection of the Trust Property and the maintenance of the Lien of this Deed of TrustTo Secure Debt, including the reasonable fees of any attorney employed by the Beneficiary or the Trustee Grantee in any litigation or proceeding, including appellate proceedings, affecting this Deed of Trust To Secure Debt or the Trust Property (includingProperty(including, without limitation, the occupancy thereof or any construction work performed thereon), including probate and bankruptcy proceedings, or in preparation for the commencement or defense of any proceeding or threatened suit or proceeding whether or not an action is actually commenced, shall be immediately due and payable by the TrustorGrantor, with interest thereon at the rate of interest set forth in the Credit Documents Secured Debt Agreements and shall be part of the Obligations secured by this Deed of TrustTo Secure Debt.

Appears in 1 contract

Samples: Credit Agreement (Reynolds American Inc)

Expenses of Enforcement. In connection with any action to enforce any remedy of the Beneficiary Mortgagee under this Deed of TrustMortgage, the Trustor Mortgagor agrees to pay all costs and expenses which may be paid or incurred by or on behalf of the Beneficiary or the TrusteeMortgagee, including, without limitation, reasonable attorneys' fees, receiver's ’s fees, appraiser's ’s fees, outlays for documentary and expert evidence, stenographer's ’s charges, publication costs, and costs (which may be estimated as to items to be expended after entry of the decree) of procuring all such abstracts of title, title searches and examinations, title insurance policies and similar data and assurances with respect to title and value as the Beneficiary Mortgagee may deem necessary or desirable, and neither the Beneficiary Mortgagee nor any other Person shall be required to accept tender of any portion of the Amended and Restated Mortgage — Cherokee County, SC Obligations unless the same be accompanied by a tender of all such expenses, costs and commissions. All of the costs and expenses described in this Section 4.09, and such expenses and fees as may be incurred in the protection of the Trust Property and the maintenance of the Lien of this Deed of TrustMortgage, including the reasonable fees of any attorney employed by the Beneficiary Mortgagee or the Trustee in any litigation or proceeding, including appellate proceedings, affecting this Deed of Trust Mortgage or the Trust Property (includingProperty(including, without limitation, the occupancy thereof or any construction work performed thereon), including probate and bankruptcy proceedings, or in preparation for the commencement or defense of any proceeding or threatened suit or proceeding whether or not an action is actually commenced, shall be immediately due and payable by the TrustorMortgagor, with interest thereon at the rate of interest set forth in the Credit Documents Secured Debt Agreements and shall be part of the Obligations secured by this Deed of TrustMortgage.

Appears in 1 contract

Samples: Reynolds American Inc

Expenses of Enforcement. In connection with any action to enforce any remedy of the Beneficiary Grantee under this Deed of Trustto Secure Debt, the Trustor Grantor agrees to pay all costs and expenses which may be paid or incurred by or on behalf of the Beneficiary or the TrusteeGrantee, including, without limitation, reasonable attorneys' fees, receiver's fees, appraiser's fees, outlays for documentary and expert evidence, stenographer's charges, publication costs, and costs (which may be estimated as to items to be expended after entry of the decree) of procuring all such abstracts of title, title searches and examinations, title insurance policies and similar data and assurances with respect to title and value as the Beneficiary Grantee may deem necessary or desirable, and neither the Beneficiary Grantee nor any other Person shall be required to accept tender of any portion of the Obligations unless the same be accompanied by a tender of all such expenses, costs and commissions. All of the costs and expenses described in this Section 4.09, and such expenses and fees as may be incurred in the protection of the Trust Property and the maintenance of the Lien security interest of this Deed of Trustto Secure Debt, including the reasonable fees of any attorney employed by the Beneficiary or the Trustee Grantee in any litigation or proceeding, including appellate proceedings, affecting this Deed of Trust to Secure Debt or the Trust Property (including, without limitation, the occupancy thereof or any construction work performed thereon), including probate and bankruptcy proceedings, or in preparation for the commencement or defense of any proceeding or threatened suit or proceeding whether or not an action is actually commenced, shall be immediately due and payable by the TrustorGrantor, with interest thereon at the rate of interest set forth in the Credit Documents and shall be part of the Obligations secured by this Deed of Trustto Secure Debt.

Appears in 1 contract

Samples: Reynolds American Inc

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