Common use of Expense of Litigation Clause in Contracts

Expense of Litigation. (a) When all or any part of the Obligations shall become due, whether by acceleration or otherwise and have not been paid after the expiration of any applicable grace period, if any, contained in the Loan Documents, the Lender shall have the right to foreclose the lien hereof for such Obligations or part thereof and/or exercise any right, power or remedy provided in this Mortgage or any of the other Loan Documents in accordance with the law of the State of Florida. (b) In any suit to foreclose the lien hereof, there shall be allowed and included as additional indebtedness in the decree for sale all expenditures and expenses which may be paid or incurred by or on behalf of the Lender for reasonable attorneys’ fees, appraisers’ fees, outlays for documentary and expert evidence, stenographers’ charges, publication costs, and costs (which may be estimated as to items to be expended after entry of the decree) of procuring all such abstracts of title, title searches and examinations, title insurance policies, and similar data and assurances with respect to the title as the Lender may deem reasonably necessary either to prosecute such suit or to evidence to bidders at any sale which may be had pursuant to such decree the true condition of the title to or the value of the Property. All expenditures and expenses of the nature mentioned in this section and such other expenses and fees as may be incurred in the enforcement of the Mortgagor’s obligations hereunder, the protection of the Property and the maintenance of the lien of this Mortgage, including the reasonable fees of any attorney employed by the Lender in any litigation or proceeding affecting this Mortgage, the Note, or the Property, including appellate, probate and bankruptcy proceedings, or in preparations for the commencement or defense of any proceeding or threatened suit or proceeding shall be immediately due and payable by the Mortgagor, with interest thereon until paid at the Default Interest Rate and shall be secured by this Mortgage.

Expense of Litigation. (a) When all A. If an Event of Default has occurred hereunder, or when the indebtedness hereby secured, or any part of the Obligations thereof, shall become due, whether by acceleration or otherwise and have not been paid after the expiration of any applicable grace periodotherwise, if any, contained in the Loan Documents, the Lender Mortgagee shall have the right to foreclose the lien hereof for such Obligations indebtedness or part thereof and/or exercise thereof, and in the event of the default in the payment of any rightinstallment due under the Note secured hereby, power or remedy provided in the owner of the Note may accelerate the payment of same and may institute proceedings to foreclose this Mortgage or any of for the other Loan Documents in accordance entire amount then unpaid with respect to the law of the State of Florida. (b) Note. In any suit to foreclose the lien hereof, there shall be allowed and included as additional indebtedness in the decree for sale all expenditures and expenses which may be paid or incurred by or on behalf of the Lender Mortgagee for reasonable attorneys’ attorney's fees, appraisers’ appraiser's fees, outlays for documentary and expert evidence, stenographers’ stenographer's charges, publication costs, and costs (which may be estimated as to items to be expended after entry of the decree) of procuring all such abstracts of title, title searches and examinations, title insurance policies, Torrens certificates, and similar data and assurances with respect to the title as the Lender Mortgagee may deem reasonably necessary either to prosecute such suit or to evidence to bidders at any sale which may be had pursuant to such decree the true condition of the title to or the value of the PropertyPremises. All expenditures and expenses of the nature mentioned in this section paragraph mentioned, and such other expenses and fees as may be incurred in the enforcement of the Mortgagor’s obligations hereunder, the protection of the Property said Premises and the maintenance of the lien of this Mortgage, including the reasonable fees of any attorney employed by the Lender Mortgagee in any litigation or proceeding affecting this Mortgage, the Note, Note or the PropertyPremises, including appellate, probate and bankruptcy proceedings, or in preparations for the commencement or defense of any proceeding or threatened suit or proceeding proceeding, shall be immediately due and payable by the Mortgagor, with interest thereon until paid at the Default Interest Rate as set forth in Paragraph 41 hereof and shall be secured by this Mortgage. B. This Mortgage may be foreclosed once against all, or successively against any portion or portions of the Premises, as Mortgagee may elect. This Mortgage and the right of foreclosure hereunder shall not be impaired or exhausted by one or any foreclosure or by one or any sale, and may be foreclosed successively and in parts, until all of the Premises have been foreclosed against and sold. Mortgagor waives and relinquishes any and all rights that Mortgagor may have to cause or compel a sale of any part or parcel of the Premises less than the entire Premises. C. Mortgagee may employ counsel for advice or other legal service at Mortgagee's discretion in connection with any dispute as to the obligations of Mortgagor hereunder, or as to the title of Mortgagee to the Mortgaged Premises pursuant to this Mortgage, or in any litigation to which Mortgagee may be a party which may affect the title to the Mortgaged Premises or the validity of the indebtedness hereby secured, and any reasonable attorneys' fees so incurred shall be added to and be a part of the debt hereby secured. Any costs and expenses reasonably incurred in connection with any other dispute or litigation affecting said debt or Mortgagee's title to the Mortgaged Premises, including reasonably estimated amounts to conclude the transaction, shall be added to and be a part of the indebtedness hereby secured. All such amounts shall be payable by Mortgagor to Mortgagee without formal demand, and if not paid, shall be included as a part of the mortgage debt and shall include interest at the Default Rate as set forth in Paragraph 41 hereof from the dates of their respective expenditures. D. 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 the preceding paragraph hereof; second, on account of all other items which under the terms hereof constitute secured indebtedness additional to that evidenced by the Note, with interest thereon as herein provided; third, on account of all principal and interest remaining unpaid on the Note in the order of priority therein described; and fourth, any overplus to Mortgagor, its successors or assigns, as their rights may appear. E. After an Event of Default, Mortgagee shall have the right and option to commence a civil action to foreclose the lien of this Mortgage and to obtain an order or judgment of foreclosure and sale subject to the rights of any tenant or tenants of the Premises. The failure to join any tenant or tenants of the Premises as party defendants in any such civil action or the failure of any such order or judgment to foreclose their rights shall not be asserted by Mortgagor as a defense in any civil action instituted to collect the indebtedness secured hereby, or any part thereof or any deficiency remaining unpaid after foreclosure and sale of the Premises, any statute or rule of law at any time existing to the contrary notwithstanding.

Expense of Litigation. (a) When In the event of any sale of all or any part of the Obligations shall become dueProperty as the result of the exercise by Lender of remedies for an Event of Default, whether by acceleration or otherwise pursuant to the powers and have not been paid after the expiration of any applicable grace period, if any, contained in the Loan Documents, the Lender shall have the right to foreclose the lien hereof for such Obligations or part thereof and/or exercise any right, power or remedy provided in rights granted under this Mortgage or any of otherwise (a “Foreclosure”), to the other Loan Documents in accordance with extent not prohibited by the law laws of the State applicable to mortgages or deeds of Florida. trust affecting property within the State (b) In any suit to foreclose the lien hereof“Lien Law”), there shall be allowed and included as additional indebtedness in the decree secured by this Mortgage and for sale which Borrower shall be obligated, all expenditures and expenses which may be paid or incurred by or on behalf of the Lender for reasonable attorneys’ fees, appraisers’ appraiser’s fees, outlays for documentary and expert evidence, stenographers’ charges, publication costs, and costs (which may be estimated as to items to be expended after entry of in the decreefuture) of procuring all such abstracts of title, title searches and examinations, title insurance policies, and similar data and assurances with respect to the title as the Lender may deem reasonably necessary either necessary, whether to prosecute such suit or to evidence to bidders at any sale which may be had pursuant to such decree Foreclosure the true condition of the title to or the value of the Property, or otherwise. All expenditures and expenses of the nature mentioned in this section paragraph and such other expenses and fees as may be incurred in the enforcement of the Mortgagor’s obligations hereunder, the protection of the Property and the maintenance of the lien of liens, rights, powers and authority granted pursuant to this Mortgage, including the reasonable fees of any attorney attorneys employed by the Lender in any litigation or proceeding affecting the Settlement Agreement, this Mortgage, the Note, Note or the Property, including appellate, probate and bankruptcy proceedings, or in preparations for the commencement or defense of any proceeding proceedings or threatened suit or proceeding shall be immediately due and payable by the MortgagorBorrower upon demand, with interest thereon until paid accruing at the Default Interest Rate until paid, and shall be secured by this Mortgage.