Common use of Mortgagor to Pay Mortgagor’s Liabilities in Event of Default; Application of Monies by Lender Clause in Contracts

Mortgagor to Pay Mortgagor’s Liabilities in Event of Default; Application of Monies by Lender. (a) Upon occurrence of an Event of Default, Lender shall be entitled to ▇▇▇ for and to recover judgment against Mortgagor for Mortgagor’s Liabilities due and unpaid together with costs and expenses, including, without limitation, the reasonable compensation, expenses and disbursements of Lender’s agents, attorneys and other representatives, either before, after or during the pendency of any proceedings for the enforcement of this Mortgage; and the right of Lender to recover such judgment shall not be affected by any taking of possession or foreclosure sale hereunder, or by the exercise of any other right, power or remedy for the enforcement of the terms of this Mortgage, or the foreclosure of the lien hereof. (b) In case of a foreclosure sale of all or any part of the Mortgaged Property and of the application of the proceeds of sale to the payment of Mortgagor’s Liabilities, Lender shall be entitled to enforce all other rights and remedies under the Loan Instruments. (c) Mortgagor hereby agrees, to the extent permitted by law, that no recovery of any judgment by Lender under any of the Loan Instruments, and no attachment or levy of execution upon any of the Mortgaged Property or any other property of Mortgagor, shall (except as otherwise provided by law) in any way affect the lien of this Mortgage upon the Mortgaged Property or any part thereof or any lien, rights, powers or remedies of Lender hereunder, but such lien, rights, powers and remedies shall continue unimpaired as before until Mortgagor’s Liabilities are paid in full. (d) Any monies collected or received by Lender under this Section 3.12 shall be applied to the payment of compensation, expenses and disbursements of the agents, attorneys and other LaSalle Bank National Association April 20, 2005 Page 25 representatives of Lender, and the balance remaining shall be applied to the payment of Mortgagor’s Liabilities, in such order and manner as Lender may elect, and any surplus, after payment of all Mortgagor’s Liabilities, shall be paid to Mortgagor.

Appears in 1 contract

Sources: Credit Agreement (Quixote Corp)

Mortgagor to Pay Mortgagor’s Liabilities in Event of Default; Application of Monies by Lender. (a) Upon occurrence of an Event of Default, Lender shall be entitled to ▇▇▇ for and to recover judgment against Mortgagor for Mortgagor’s Liabilities due and unpaid together with costs and expenses, including, without limitation, the reasonable compensation, expenses and disbursements of Lender’s agents, attorneys and other representatives, either before, after or during the pendency of any proceedings for the enforcement of this Mortgage; and the right of Lender to recover such judgment shall not be affected by any taking of possession or foreclosure sale hereunder, or by the exercise of any other right, power or remedy for the enforcement of the terms of this Mortgage, or the foreclosure of the lien hereof. (b) In case of a foreclosure sale of all or any part of the Mortgaged Property and of the application of the proceeds of sale to the payment of Mortgagor’s Liabilities, Lender shall be entitled to enforce all other rights and remedies under the Loan Instruments. (c) Mortgagor hereby agrees, to the extent permitted by law, that no recovery of any judgment by Lender under any of the Loan Instruments, and no attachment or levy of execution upon any of the Mortgaged Property or any other property of Mortgagor, shall (except as otherwise provided by law) in any way affect the lien of this Mortgage upon the Mortgaged Property or any part thereof or any lien, rights, powers or remedies of Lender hereunder, but such lien, rights, powers and remedies shall continue unimpaired as before until Mortgagor’s Liabilities are paid in full. (d) Any monies collected or received by Lender under this Section 3.12 shall be applied to the payment of compensation, expenses and disbursements of the agents, attorneys and other LaSalle Bank National Association April 20, 2005 Page 25 64 representatives of Lender, and the balance remaining shall be applied to the payment of Mortgagor’s Liabilities, in such order and manner as Lender may elect, and any surplus, after payment of all Mortgagor’s Liabilities, shall be paid to Mortgagor.

Appears in 1 contract

Sources: Credit Agreement (Quixote Corp)

Mortgagor to Pay Mortgagor’s Liabilities in Event of Default; Application of Monies by Lender. (a) Upon occurrence of an Event of Default, Lender shall be entitled to ▇▇▇ for and to recover judgment against Mortgagor for Mortgagor’s Liabilities due and unpaid together with costs and expenses, including, without limitation, the reasonable compensation, expenses and disbursements of Lender’s agents, attorneys and other representatives, either before, after or during the pendency of any proceedings for the enforcement of this Mortgage; and the right of Lender to recover such judgment shall not be affected by any taking of possession or foreclosure sale hereunder, or by the exercise of any other right, power or remedy for the enforcement of the terms of this Mortgage, or the foreclosure of the lien hereof. (b) In case of a foreclosure sale of all or any part of the Mortgaged Property and of the application of the proceeds of sale to the payment of Mortgagor’s Liabilities, Lender shall be entitled to enforce all other rights and remedies under the Loan Instruments. (c) Mortgagor hereby agrees, to the extent permitted by law, that no recovery of any judgment by Lender under any of the Loan Instruments, and no attachment or levy of execution upon any of the Mortgaged Property or any other property of Mortgagor, shall (except as otherwise provided by law) in any way affect the lien of this Mortgage upon the Mortgaged Property or any part thereof or any lien, rights, powers or remedies of Lender hereunder, but such lien, rights, powers and remedies shall continue unimpaired as before until Mortgagor’s Liabilities are paid in full. (d) Any monies collected or received by Lender under this Section 3.12 shall be applied to the payment of compensation, expenses and disbursements of the agents, attorneys and other LaSalle Bank National Association April 20, 2005 Page 25 representatives of Lender, and the balance remaining shall be applied to the payment of Mortgagor’s Liabilities, in such order and manner as Lender may elect, and any surplus, after payment of all Mortgagor’s Liabilities, shall be paid to Mortgagor.

Appears in 1 contract

Sources: Credit Agreement (Quixote Corp)