Common use of Expenses of Exercising Rights, Powers and Remedies Clause in Contracts

Expenses of Exercising Rights, Powers and Remedies. The reasonable expenses (including any receiver’s fees, reasonable attorneys’ fees, appraisers’ fees, environmental engineers’ and/or consultants’ fees, auctioneer’s fees and costs, costs incurred for documentary and expert evidence, stenographers’ charges, publication costs, costs (which may be estimated as to items to be expended after entry of the decree of foreclosure) of procuring all abstracts of title, continuations of abstracts of title, title searches and examinations, UCC and chattel lien searches, and similar data and assurances with respect to title as Mortgagee may deem reasonably necessary either to prosecute any foreclosure action or to evidence to bidders at any sale which may be had pursuant to any foreclosure decree the true condition of the title to or the value of the Mortgaged Property) incurred by Mortgagee after the occurrence and continuance of any Event of Default and/or in pursuing the rights, powers and remedies contained in this Mortgage shall be immediately due and payable by Mortgagor, with interest thereon from the date incurred at an annual rate equal to nine and one-half percent (9.5%) in excess of the one month LIBOR Rate and shall be added to the indebtedness secured by this Mortgage.

Appears in 2 contracts

Samples: Mortgage, Security Agreement (Highwater Ethanol LLC), Fixture Financing Statement (Highwater Ethanol LLC)

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Expenses of Exercising Rights, Powers and Remedies. The reasonable expenses (including any receiver’s fees, reasonable attorneys’ fees, appraisers’ fees, environmental engineers’ and/or consultants’ fees, auctioneer’s fees and costs, costs incurred for documentary and expert evidence, stenographers’ charges, publication costs, costs (which may be estimated as to items to be expended after entry of the decree of foreclosure) of procuring all abstracts of title, continuations of abstracts of title, title searches and examinations, UCC and chattel lien searches, and similar data and assurances with respect to title as Mortgagee may deem reasonably necessary either to prosecute any foreclosure action or to evidence to bidders at any sale which may be had pursuant to any foreclosure decree the true condition of the title to or the value of the Mortgaged Property) incurred by Mortgagee after the occurrence and continuance of any Event of Default and/or in pursuing the rights, powers and remedies contained in this Mortgage shall be immediately due and payable by MortgagorXxxxxxxxx, with interest thereon from the date incurred at an annual rate equal to nine and one-half percent (9.5%) the highest Default Rate set forth in excess of the one month LIBOR Rate Loan Agreement and shall be added to the indebtedness secured by this Mortgage.. Section4.4

Appears in 1 contract

Samples: Cardinal Ethanol LLC

Expenses of Exercising Rights, Powers and Remedies. The reasonable expenses (including any receiver’s fees, reasonable attorneys’ fees, appraisers’ fees, environmental engineers’ and/or consultants’ fees, auctioneer’s fees and costs, costs incurred for documentary and expert evidence, stenographers’ charges, publication costs, costs (which may be estimated as to items to be expended after entry of the decree of foreclosure) of procuring all abstracts of title, continuations of abstracts of title, title searches and examinations, UCC and chattel lien searches, and similar data and assurances with respect to title as Mortgagee may deem reasonably necessary either to prosecute any foreclosure action or to evidence to bidders at any sale which may be had pursuant to any foreclosure decree the true condition of the title to or the value of the Mortgaged Property) incurred by Mortgagee after the occurrence and continuance of any Event of Default and/or in pursuing the rights, powers and remedies contained in this Mortgage shall be immediately due and payable by Mortgagor, with interest thereon from the date incurred at an annual the interest rate equal applicable to nine and one-half percent (9.5%) in excess of advances made by the one month LIBOR Rate Trustee pursuant to the Indenture and shall be added to the indebtedness Loan Obligations secured by this Mortgage.

Appears in 1 contract

Samples: Security Agreement (Green Plains Renewable Energy, Inc.)

Expenses of Exercising Rights, Powers and Remedies. The reasonable expenses (including any receiver’s fees, reasonable attorneys’ fees, appraisers’ fees, environmental engineers’ and/or consultants’ fees, auctioneer’s fees and costs, costs incurred for documentary and expert evidence, stenographers’ charges, publication costs, costs (which may be estimated as to items to be expended after entry of the decree of foreclosure) of procuring all abstracts of title, continuations of abstracts of title, title searches and examinations, UCC and chattel lien searches, and similar data and assurances with respect to title as Mortgagee may deem reasonably necessary either to prosecute any foreclosure action or to evidence to bidders at any sale which may be had pursuant to any foreclosure decree the true condition of the title to or the value of the Mortgaged Property) incurred by Mortgagee after the occurrence and continuance of any Event of Default and/or in pursuing the rights, powers and remedies contained in this Mortgage shall be immediately due and payable by Mortgagor, with interest thereon from the date incurred at an annual rate equal to nine and one-half percent (9.59%) in excess of the one month LIBOR Rate and shall be added to the indebtedness secured by this Mortgage.

Appears in 1 contract

Samples: Cardinal Ethanol LLC

Expenses of Exercising Rights, Powers and Remedies. The reasonable expenses (including any receiver’s fees, reasonable attorneys’ fees, appraisers’ fees, environmental engineers’ and/or consultants’ fees, auctioneer’s fees and costs, costs incurred for documentary and expert evidence, stenographers’ charges, publication costs, costs (which may be estimated as to items to be expended after entry of the decree of foreclosure) of procuring all abstracts of title, continuations of abstracts of title, title searches and examinations, UCC and chattel lien searches, and similar data and assurances with respect to title as Mortgagee may deem reasonably necessary either to prosecute any foreclosure action or to evidence to bidders at any sale which may be had pursuant to any foreclosure decree the true condition of the title to or the value of the Mortgaged Property) incurred by Mortgagee after the occurrence and continuance of any Event of Default and/or in pursuing the rights, powers and remedies contained in this Mortgage shall be immediately due and payable by Mortgagor, with interest thereon from the date incurred at an annual rate equal to nine and one-half percent (9.5%) in excess of the one month LIBOR Default Rate and shall be added to the indebtedness Loan Obligations secured by this Mortgage.

Appears in 1 contract

Samples: And Fixture Filing (Green Plains Renewable Energy, Inc.)

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Expenses of Exercising Rights, Powers and Remedies. The reasonable expenses (including any receiver’s 's fees, reasonable attorneys' fees, appraisers' fees, environmental engineers' and/or consultants' fees, auctioneer’s 's fees and costs, costs incurred for documentary and expert evidence, stenographers' charges, publication costs, costs (which may be estimated as to items to be expended after entry of the decree of foreclosure) of procuring all abstracts of title, continuations of abstracts of title, title searches and examinations, UCC and chattel lien searches, and similar data and assurances with respect to title as Mortgagee may deem reasonably necessary either to prosecute any foreclosure action or to evidence to bidders at any sale which may be had pursuant to any foreclosure decree the true condition of the title to or the value of the Mortgaged Property) incurred by Mortgagee after the occurrence and continuance of any Event of Default and/or in pursuing the rights, powers and remedies contained in this Mortgage shall be immediately due and payable by MortgagorXxxxxxxxx, with interest thereon from the date incurred at an annual rate equal to nine and one-half percent (9.5%) the highest Default Rate set forth in excess of the one month LIBOR Rate Loan Agreement and shall be added to the indebtedness secured by this Mortgage.

Appears in 1 contract

Samples: And Fixture Financing Statement (Cardinal Ethanol LLC)

Expenses of Exercising Rights, Powers and Remedies. The reasonable expenses (including any receiver’s receivers’ fees, reasonable attorneys’ fees, appraisers’ fees, environmental engineers’ and/or consultants’ fees, auctioneer’s fees and costs, costs incurred for documentary and expert evidence, stenographers’ charges, publication costs, costs (which may be estimated as to items to be expended after entry of the decree of foreclosure) of procuring all abstracts of title, continuations of abstracts of title, title searches and examinations, title insurance policies and commitments and extensions therefor, UCC and chattel lien searches, and similar data and assurances with respect to title as Mortgagee the Lender may deem reasonably necessary either to prosecute any foreclosure action or to evidence to bidders at any sale which may be had pursuant to any foreclosure decree the true condition of the title to or the value of the Mortgaged Property, and agent’s compensation) incurred by Mortgagee the Lender after the occurrence and continuance of any Event of Default and/or in pursuing the rights, powers and remedies contained in this Mortgage shall be immediately due and payable by the Mortgagor, with interest thereon from the date incurred at an annual rate equal to nine and one-half percent (9.5%) in excess of the one month LIBOR Rate Default Rate, and shall be added to the indebtedness secured by this Mortgage.

Appears in 1 contract

Samples: And Fixture Financing Statement (Talon Real Estate Holding Corp.)

Expenses of Exercising Rights, Powers and Remedies. The reasonable expenses (including any receiver’s fees, reasonable attorneys’ fees, appraisers’ fees, environmental engineers’ and/or consultants’ fees, auctioneer’s fees and costs, costs incurred for documentary and expert evidence, stenographers’ charges, publication costs, costs (which may be estimated as to items to be expended after entry of the decree of foreclosure) of procuring all abstracts of title, continuations of abstracts of title, title searches and examinations, UCC and chattel lien searches, and similar data and assurances with respect to title as Mortgagee may deem reasonably necessary either to prosecute any foreclosure action or to evidence to bidders at any sale which may be had pursuant to any foreclosure decree the true condition of the title to or the value of the Mortgaged Property) incurred by Mortgagee after the occurrence and continuance of any Event of Default and/or in pursuing the rights, powers and remedies contained in this Mortgage shall be immediately due and payable by Mortgagor, with interest thereon from the date incurred at an annual rate equal to nine and one-half percent (9.59%) in excess of the one month LIBOR Rate and shall be added to the indebtedness secured by this Mortgage.

Appears in 1 contract

Samples: One Earth Energy LLC

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