Proceeds of Foreclosure Sale. The proceeds of any sale under a Mortgage shall be applied in the manner set forth in such Mortgage.
Proceeds of Foreclosure Sale. In any foreclosure of this Shore Mortgage there shall be allowed and included in the decree of sale to be paid, in the following order, out of the proceeds of such sale:
Proceeds of Foreclosure Sale. The proceeds of any sale held by Trustee or Lender or any receiver or public officer in foreclosure of the liens and security interests evidenced hereby shall be applied in accordance with the requirements of applicable laws and to the extent consistent therewith, FIRST, to the payment of all necessary costs and expenses incident to such foreclosure sale, including all attorneys’ fees and legal expenses (including the market value of services provided by in-house counsel), advertising costs, auctioneer’s fees, costs of title rundowns, lien searches, trustee’s sale guaranties, foreclosure sale guaranties, litigation guaranties and/or other title policies and endorsements, inspection fees, appraisal costs, fees for professional services, environmental assessment and remediation fees, all court costs and charges of every character, and the maximum fee legally permitted, or a reasonable fee when the law provides no maximum limit, to Trustee if foreclosed by power of sale and to the payment of the other secured Indebtedness, including specifically without limitation the principal, accrued interest and attorneys’ fees due and unpaid on the Notes and the amounts due and unpaid and owed to Lender under this Deed of Trust, the order and manner of application to the items in this clause FIRST to be in Lender’s sole discretion; and SECOND, Lender may interplead the remainder in any court of competent jurisdiction, and the amount of any attorneys’ fees, court costs and expenses incurred in such action shall be a part of the Indebtedness and shall be reimbursable (without limitation) from such remainder.
Proceeds of Foreclosure Sale. The proceeds of any foreclosure sale of the Premises shall be distributed and applied in the following order of priority: (a) First, to payment of all costs and expenses incident to the foreclosure proceedings; (b) Second, to all sums expended under the terms hereof, not then repaid, with accrued interest at the rate provided herein or, if none is provided, at the Default Rate; (c) Third, to all other sums which under the terms hereof constitute Obligations other than the principal and interest payable under the Note and the Loan Agreement thereto in such order as Mortgagee shall in its sole discretion elect, with interest thereon as herein provided; (d) Fourth, to all principal and interest payable under the Note and the Loan Agreement thereto in such order as Mortgagee shall in its sole discretion elect; and (f) Fifth, the remainder, if any, to the person or persons legally entitled thereto.
Proceeds of Foreclosure Sale. Unless otherwise mandated by applicable law, the proceeds of any sale under this Deed of Trust will be applied in the following manner: FIRST: Payment of costs and expenses of the sale, including, but not limited to, Trustee’s fees, reasonable legal fees and disbursements, title charges and transfer taxes, and payment of all expenses, liabilities and advances of Trustee, together with interest at the lesser of the then applicable Default Rate under the Note or the maximum rate of interest permitted by applicable law on all advances made by Trustee from the date extended until paid.
Proceeds of Foreclosure Sale. If this Mortgage is foreclosed by a proper suit and the Property is sold to satisfy a decree of foreclosure, the proceeds of such sale shall be applied as follows: First to the expenses and costs incurred hereunder, including reasonable attorneys' fees for such services as may be necessary in the premises and for the collection of said indebtedness and the foreclosure of this Mortgage; second, to the payment of whatever sum or sums the Lender may have paid or become liable to pay in carrying out the terms and stipulations of this Mortgage, together with interest thereon; and finally, to the payment and satisfaction of the Note. The balance, if any, shall, unless the Court decrees otherwise, be paid into the registry of the Court having jurisdiction of said foreclosure suit, to abide the further order of said Court.
Proceeds of Foreclosure Sale. The proceeds of any foreclosure sale of the Premises shall be distributed and applied in the following order of priority: First, on account of all costs and expenses incident to the foreclosure proceedings, including all such items as are mentioned in Section 20 hereof, Second, all other items which, under the terms hereof, constitute Indebtedness Hereby Secured additional to that evidenced by the Note, with interest on such items as herein provided; Third, to interest and any premium remaining unpaid upon the Note; Fourth, to the principal remaining unpaid upon the Note; and lastly, any overplus to the Mortgagor, and its successor or assigns, as their rights may appear.
Proceeds of Foreclosure Sale. Notwithstanding the provisions of this Instrument to the contrary, the proceeds of any foreclosure sale of the Property shall be distributed and applied as provided for in the Credit Agreement, except as otherwise expressly required by law.
Proceeds of Foreclosure Sale. The proceeds of any sale under this Section shall be applied first to the fees and expenses of the officer conducting the sale, and then to the reduction or discharge of the Obligations; any surplus remaining shall be paid over to Borrower or to such other person or persons as may be lawfully entitled to such surplus.
Proceeds of Foreclosure Sale. Unless otherwise mandated by applicable law, the proceeds of any sale under this Deed of Trust will be applied in the following manner: FIRST: Payment of costs and expenses of the sale, including, but not limited to, Trustee’s fees, reasonable legal fees and disbursements, title charges and transfer taxes, and payment of all expenses, liabilities and advances of Trustee, together with interest at the lesser of the then applicable Default Rate under the Note or the maximum rate of interest permitted by applicable law on all advances made by Trustee from the date extended until paid. SECOND: Other than those sums expended as a result of any environmental provision in the Loan Documents or any provision of Section 4.19 of this Deed of Trust, payment of all sums expended by Xxxxxx under the terms of this Deed of Trust and not yet repaid, together with interest thereon at the then applicable rate of interest under the Note. THIRD: Payment of the Secured Debt and all other obligations and sums secured by this Deed of Trust which remain unpaid (including, without limitation, any sums expended as a result of any environmental provision in the Loan Documents or any provision of Section 4.19 of this Deed of Trust) in any order that Lender may choose in its sole and absolute discretion. FOURTH: The remainder, if any, to the Person or Persons legally entitled to it.
