Common use of Counsel Fees Clause in Contracts

Counsel Fees. If Mortgagee becomes a party to any suit or proceeding affecting the Mortgaged Property or title thereto, the lien created by this Mortgage or Mortgagee’s interest therein (including any proceeding in the nature of eminent domain) or if Mortgagee engages counsel to collect any of the indebtedness secured hereby or to enforce performance of the provisions of this Mortgage, the Note or any other Loan Document, or otherwise engages counsel to review any request or inquiry from Mortgagor after the date hereof, then Mortgagee’s out-of-pocket third party costs, expenses and attorneys’ fees reasonably and actually incurred, whether or not suit is instituted, shall be paid to Mortgagee by Mortgagor, on demand, with interest at the rate provided in the Note, and until paid they shall be deemed to be part of the indebtedness evidenced by the Note and secured by this Mortgage.

Appears in 4 contracts

Samples: Mortgage and Security Agreement (Industrial Income Trust Inc.), Mortgage and Security Agreement (Industrial Income Trust Inc.), Mortgage and Security Agreement (Industrial Income Trust Inc.)

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Counsel Fees. If Mortgagee becomes a party to any suit or proceeding affecting the Mortgaged Property or title thereto, the lien created by this Mortgage or Mortgagee’s interest therein (including any proceeding in the nature of eminent domain) or if Mortgagee engages counsel to collect any of the indebtedness secured hereby or to enforce performance of the provisions of this Mortgage, the Note Guaranty or any other Loan Document, or otherwise engages counsel to review any request or inquiry from Mortgagor after the date hereof, then Mortgagee’s out-of-pocket third party costs, expenses and attorneys’ fees reasonably and actually incurred, whether or not suit is instituted, shall be paid to Mortgagee by Mortgagor, on demand, with interest at the rate provided in the Note, and until paid they shall be deemed to be part of the indebtedness evidenced guaranteed by the Note Guaranty and secured by this Mortgage.

Appears in 4 contracts

Samples: Mortgage and Security Agreement (Industrial Income Trust Inc.), Mortgage and Security Agreement (Industrial Income Trust Inc.), Mortgage and Security Agreement (Industrial Income Trust Inc.)

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