Non-Judicial Foreclosure. Upon the occurrence of an Event of Default, Lender may, at its option, and in addition to any and every other remedy, request Trustee to proceed with foreclosure (which request shall be presumed), and in such event Trustee is hereby authorized and empowered and it shall be its special duty, upon such request of Lender, to (a) sell the Secured Property, or any part thereof, at public venue to the highest bidder, for cash, and at such place as may be permitted or allowed by applicable law, after advertising or posting the time, place and terms of said sale in any manner permitted or allowed by applicable law, or (b) sell the Secured Property at such other time, place and in accordance with such procedures and requirements as may be permitted or allowed by the laws of the District of Columbia. Grantor agrees that either Lender or Trustee may determine the length of notice and terms of sale. In addition to any advertisement or posting of the notice of the time, place and terms of sale, the holder of the indebtedness hereby secured shall at least thirty (30) days preceding the date of sale serve or cause to be served written notice of the proposed sale by certified mail, return receipt requested, on Grantor according to the records of such holder, with a copy of such notice delivered to the Mayor of the District of Columbia or his designated agent. Service of such notice shall be completed upon receipt by the Mayor of the District of Columbia in accordance with applicable law. The affidavit of any person having knowledge of the facts to the effect that such a service was completed shall be prima facie evidence of the fact of service. Grantor agrees that no notice of any sale other than as set out in this paragraph need be given by Trustee, Lender or any other person; provided that, any statutorily required notice of sale given to Grantor shall satisfy the notice requirements of this paragraph. Any sale made by Trustee hereunder may be as an entirety or in such parcels as Trustee may elect or as Lender may request, and any sale may be adjourned by announcement at the time and place appointed for such sale without further notice except as may be required by law. The sale by Trustee of less than the whole of the Secured Property shall not exhaust the power of sale herein granted, and Trustee is specifically empowered to make successive sale or sales under such power until the whole of the Secured Property shall be sold; and, if the proceeds of such sale of less th...
Non-Judicial Foreclosure. Upon the occurrence of an Event of Default hereunder and the acceleration of the indebtedness secured hereby, Mortgagee shall have the right, without limiting any other rights or remedies Mortgagee may have hereunder, under any other Loan Document, or at law or in equity, to sell the Mortgaged Property by non-judicial proceeding for foreclosure by power of sale after publication of notice pursuant to Article 14 of the New York Real Property Actions and Proceedings Law, as the same may be hereafter amended from time to time.
Non-Judicial Foreclosure. There is a mortgage lien against your timeshare estate which must be repaid in accordance with this Mortgage. Your failure to make timely payments required by this Mortgage may result in foreclosure of the mortgage lien. The Borrower (hereinafter in this paragraph 18 referred to as “Mortgagor”) acknowledges that, if the obligations established by this Mortgage are not satisfied and the Mortgagor does not cure the default in accordance with the terms hereof, the mortgage lien created by this Mortgage may be foreclosed through a nonjudicial procedure in accordance with Article 3 of Chapter 32 of Title 27 of the Code of Laws of South Carolina. The Mortgagor understands that he or she will not be subject to a deficiency judgment or personal liability for the mortgage lien resulting from a nonjudicial foreclosure procedure even if the sale of his or her timeshare estate resulting from the foreclosure for the mortgage lien is insufficient to satisfy the amount of the mortgage lien. The Mortgagor further acknowledges that the trustee will send the notice required by this procedure to the Mortgagor’s notice address, and the Mortgagor agrees to inform the Mortgagee of any change in the Mortgagor’s address. The Mortgagor consents to notification by certified or registered mail and agrees that any person at the Mortgagor’s notice address may acknowledge receipt of any correspondence received in connection with this procedure. The (sf.mort) 01.13.09 Loan «LOANID» Mortgagor understands that the trustee may notify Mortgagor of the commencement of the procedure by publication if delivery of the notice is not accepted at the notice address. If the Mortgagor sends the trustee a written objection to the nonjudicial procedure stating the reasons for such objection, the matter will be transferred to a judicial foreclosure procedure, but the Mortgagor understands and agrees that in the judicial foreclosure procedure, he or she may be subject to a deficiency judgment or personal liability for the mortgage lien if the sale of his or her timeshare estate resulting from the foreclosure is insufficient to satisfy the amount of the mortgage lien. The Mortgagor further understands and agrees that in the judicial foreclosure procedure if the court finds that there is a complete absence of a justifiable issue of either law or fact raised by the objection or defense, the Mortgagor may be personally liable for the costs and attorney’s fees incurred by the Mortgagee in the judicial forecl...
Non-Judicial Foreclosure. In addition to any other remedy available to Lender under Article 9 of this Security Instrument or otherwise, upon the occurrence of an Event of Default Lender shall have the right to sell the Property pursuant to Article 14 of the New York Real Property Actions and Proceedings Law.
Non-Judicial Foreclosure. To the extent permitted by law, Mortgagee may choose to utilize the procedures set forth in Article 14 of the New York Real Property Actions and Proceedings Law and commence a non-judicial foreclosure of this Mortgage by power of sale. To the extent permitted by law, Mortgagor waives any right granted pursuant to Section 1421 or any other provision of the New York Real Property Actions and Proceedings Law to challenge Mortgagee's election to enforce this Mortgage by means of such non-judicial foreclosure by power of sale. If the Premises consists of two or more distinct parcels, all of such parcels shall be sold as one parcel, unless Mortgagee shall elect otherwise.
Non-Judicial Foreclosure. In addition to any other remedy available to Agent under Section 15 of this Mortgage or otherwise, upon the occurrence of an Event of Default, Mortgagee shall have the right to sell the Mortgaged Property pursuant to Article 14 of the New York Real Property Actions and Proceedings Law. This Mortgage has been duly executed by Mortgagor on the date first above written. CLARKE AMERICAN CHECKS, INC. By:/s/ Peter A. Fera Jr. ------------------------------------ Name: Executive Vice President and Chief Financial Officer STATE OF NEW YORK ) ) ss. COUNTY OF NEW YORK) On the 30 day of April in the year 2007 before me, the undersigned, a Notary Public in and for said State, personally appeared Peter A. Fera Jr., personally known tx xx xx xxxxxx xx me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. /s/ Joshua Babbit ------------------------------- Notary Public Schedule A Description of the Premises ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Salina, County of Onondaga and State of New York being part of Military Lot No. 1 in said town, being part of lands conveyed by Albert Bittel, et al. to Harry Wiesnex xx xxxx xxxed December 00, 0000 xx Xook 2124 of Deeds at page 407 and part of lands conveyed by County of Onondaga to Harry Wiesner by deed dated July 28, 0000 xxx xxxxrded September 22, 1964 in Book 2216 of Deeds at page 551 and being known as Lot No. 9 of the Metropolitan Park Trxxx, xxxxxxxxx xx x xxx xxxx xx Xxxxxx X. Ianuzi Jr., Licensed Land Sxxxxxxx, xxxxx Xxxxxer 25, 1976 and flied in the Onondaga County Clerk's Office on May 17, 1985 as Map No. 6279, and more particularly described as follows: BEGINNING at a point in the southerly boundary of Metropolitan Drive, said point being 1,401.14 feet distant easterly, as measured along said southerly boundary of Metropolitan Drive from the point of curvature of a small curve at the intersection of said southerly boundary of Metropolitan Park with the easterly boundary of Henry Clay Boulevard (formerly Seventx Xxxxx Xxreet); THENCE easterly, northeasterly, and northerly along the southerly, and southeasterly and easterly boundary of Metropolitan Drive following a curve to the left, h...
Non-Judicial Foreclosure. Lender may foreclose this Instrument by advertisement pursuant to the statutes in such case made and provided, in addition to all other rights and remedies hereunder. By execution of this Instrument, Borrower hereby grants to Lender the power to sell and convey the Property at public sale in accordance with the statutes providing therefor in connection with a foreclosure of this Instrument.
Non-Judicial Foreclosure. Should Beneficiary elect to foreclose by exercise of the power of sale herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and secured hereby as Trustee may require. To the extent the obligation secured hereby arises from a commitment of Beneficiary to make future advances either to Trustor or a third party or extend credit subsequent to the recordation of a Notice of Default hereunder, the sums secured hereby shall also include the amount of such commitment to make future advances or extend credit, and subject to acceleration as provided in the previous paragraph. The Trustee shall pay such amount at such time as it pays all other sums secured hereby and the Beneficiary shall hold same as additional collateral for the obligation secured hereby, at such interest as is available to Beneficiary's customers in an insured deposit account with no restrictions on withdrawal.
Non-Judicial Foreclosure. During the continuance of an Event of Default and acceleration of the indebtedness secured hereby, Mortgagee shall have the right to sell the Mortgaged Property (or any portion thereof), including, without limitation, pursuant to Article 14 of the New York Real Property Actions and Proceedings Law, as same may have been or may hereafter be amended.
Non-Judicial Foreclosure. (STATES OTHER THAN TEXAS). Upon the occurrence of any Event of Default, or at any time thereafter, to the extent permitted by law the Trustee shall, in response to Lender's request (which Mortgagor agrees will be presumed to have been given), enforce this trust by selling the Realty Collateral situated in states other than Texas. The action of the Trustee shall conform to the law of the state where the Realty Collateral is located, and unless prohibited by the law of that state, the Trustee may sell at one or more sales, as an entirety or in parcels, as the Trustee may elect, at such place or places and otherwise in such manner and upon such notice as may be required by law, or, in the absence of any such requirement, as the Trustee may deem appropriate, and to make conveyance to the purchaser or purchasers. Unless prohibited by the law of that state, where the Realty Collateral is situated in more than one county (or judicial district), it may be sold in any county (or judicial district) in which any part is situated. The Trustee may postpone the sale of all or any portion of the Realty Collateral by public announcement at the time fixed and place of sale, and from time to time thereafter may further postpone the sale by public announcement made at time of sale fixed by the preceding postponement. Sale of a part of the Realty Collateral will not exhaust the power of sale, and sales may be made from time to time until all the property is sold or the Obligations are paid in full.
