Common use of Sale Proceeds Clause in Contracts

Sale Proceeds. The proceeds of any sale or foreclosure of the Mortgaged Property or any portion thereof shall be applied to the following in the following order of priority the payment of: (i) the costs and expenses of the foreclosure proceedings with respect to the Property (including reasonable counsel fees and disbursements actually incurred and advertising costs and expenses), liabilities and advances made or incurred under this Mortgage, and reasonable receivers' and trustees' fees and commissions and fees and expenses incurred by Mortgagee, together with interest at the Default Rate to the extent payable, (ii) any other sums advanced by Mortgagee (or any advancing agent on its behalf) in accordance with the terms hereof and not repaid to it by Mortgagor, together with interest at the Default Rate to the extent payable, (iii) all sums due under the Note in the order of priority set forth therein, and (iv) any surplus to Mortgagor or other party legally entitled thereto.

Appears in 1 contract

Samples: Tower Realty Trust Inc

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Sale Proceeds. The proceeds of any sale or foreclosure of the Mortgaged Property Trust Estate or any portion thereof shall be applied to the following in the following order of priority the payment of: (i) the costs and expenses of the foreclosure proceedings with respect to the such Property (including reasonable counsel fees and disbursements actually incurred and advertising costs and expenses), liabilities and advances made or incurred under this Mortgage, and reasonable receivers' and trustees' fees and commissions and fees and expenses incurred by MortgageeBeneficiary, together with interest at the Default Rate to the extent payable, (ii) any other sums advanced by Mortgagee Beneficiary (or any advancing agent on its behalf) in accordance with the terms hereof and not repaid to it by MortgagorGrantor, together with interest at the Default Rate to the extent payable, (iii) all sums due under the Note Notes in the order of priority set forth therein, and (iv) any surplus to Mortgagor Grantor or other party legally entitled thereto.. (b)

Appears in 1 contract

Samples: Indenture of Mortgage (CBL & Associates Properties Inc)

Sale Proceeds. The proceeds of any sale or foreclosure of the Mortgaged Property or any portion thereof shall be applied to the following in the following order of priority the payment of: (i) the costs and expenses of the foreclosure proceedings with respect to the Property (including reasonable counsel fees and disbursements actually incurred and advertising costs and expenses), liabilities and advances made or incurred under this Mortgage, and reasonable receivers' and trustees' fees and commissions and fees and expenses incurred by MortgageeLender, together with interest at the Default Rate to the extent payable, (ii) any other sums advanced by Mortgagee Lender (or any advancing agent on its behalf) in accordance with the terms hereof and not repaid to it by MortgagorBorrower, together with interest at the Default Rate to the extent payable, (iii) all sums due under the Note in the order of priority set forth therein, and (iv) any surplus to Mortgagor Borrower or other party legally entitled thereto.

Appears in 1 contract

Samples: And Attornment Agreement (Homestead Village Inc)

Sale Proceeds. The proceeds of any sale or foreclosure of the Mortgaged Property ------------- Trust Estate or any portion thereof shall be applied to the following in the following order of priority the payment of: (i) the costs and expenses of the foreclosure proceedings with respect to the such Property (including reasonable counsel fees and disbursements actually incurred and advertising costs and expenses), liabilities and advances made or incurred under this Mortgage, and reasonable receivers' and trustees' fees and commissions and fees and expenses incurred by MortgageeBeneficiary, together with interest at the Default Rate to the extent payable, (ii) any other sums advanced by Mortgagee Beneficiary (or any advancing agent on its behalf) in accordance with the terms hereof and not repaid to it by MortgagorGrantor, together with interest at the Default Rate to the extent payable, (iii) all sums due under the Note in the order of priority set forth therein, and (iv) any surplus to Mortgagor Grantor or other party legally entitled thereto.

Appears in 1 contract

Samples: And Attornment Agreement (Kilroy Realty Corp)

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Sale Proceeds. The proceeds of any sale or foreclosure of the Mortgaged Property Trust Estate or any portion thereof shall be applied to the following in the following order of priority the payment of: (i) the costs and expenses of the foreclosure proceedings with respect to the such Property (including reasonable counsel fees and disbursements actually incurred and advertising costs and expenses), liabilities and advances made or incurred under this Mortgage, and reasonable receivers' and trustees' fees and commissions and fees and expenses incurred by MortgageeBeneficiary, together with interest at the Default Rate to the extent payable, (ii) any other sums advanced by Mortgagee Beneficiary (or any advancing agent on its behalf) in accordance with the terms hereof and not repaid to it by MortgagorGrantor, together with interest at the Default Rate to the extent payable, (iii) all sums due under the Note in the order of priority set forth therein, and (iv) any surplus to Mortgagor Grantor or other party legally entitled thereto.

Appears in 1 contract

Samples: Mark Centers Trust

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