Partial Foreclosure. In the event of a Default in the payment of any part of the Indebtedness, Noteholder shall have the right to proceed with foreclosure of the liens and security interests evidenced hereby without declaring the entire Indebtedness due, and in such event any such foreclosure sale may be made subject to the unmatured part of the Indebtedness; and any such sale shall not in any manner affect the unmatured part of the Indebtedness, but as to such unmatured part this Mortgage shall remain in full force and effect just as though no sale had been made. The proceeds of any such sale shall be applied as provided in Paragraph 5.6 except that the amount paid under subparagraph SECOND thereof shall be only the matured portion of the Indebtedness and any proceeds of such sale in excess of those provided for in subparagraphs FIRST and SECOND (modified as provided above) shall be applied to installments of principal of and interest on the Note in the inverse order of maturity. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Indebtedness.
Appears in 3 contracts
Sources: Deed of Trust, Security Agreement and Assignment of Rents and Leases (Independent Research Agency for Life Insurance Inc), Deed of Trust, Security Agreement and Assignment of Rents and Leases (International Isotopes Inc), Deed of Trust, Security Agreement and Assignment of Rents and Leases (Newmark Homes Corp)
Partial Foreclosure. In the event of a an Event of Default in the payment of any part of the Indebtedness, Noteholder State Farm shall have the right to proceed with foreclosure of the liens and security interests evidenced hereby without declaring the entire Indebtedness due, and in such event any such foreclosure sale may be made subject to the unmatured part of the Indebtedness; and any such sale shall not in any manner affect the unmatured part of the Indebtedness, but as to such unmatured part this Mortgage Deed of Trust shall remain in full force and effect just as though no sale had been made. The proceeds of any such sale shall be applied as provided in Paragraph SECTION 5.6 except that the amount paid under subparagraph SECOND thereof shall be only the matured portion of the Indebtedness and any proceeds of such sale in excess of those provided for in subparagraphs FIRST and SECOND (modified as provided above) shall be applied to installments of principal of and interest on the Note in the inverse order of maturity. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Indebtedness.
Appears in 2 contracts
Sources: Deed of Trust and Security Agreement (Behringer Harvard Short Term Opportunity Fund I Lp), Deed of Trust and Security Agreement (Behringer Harvard Reit I Inc)
Partial Foreclosure. In Upon the event occurrence of a an Event of Default in the payment of any part of the Indebtednesssecured obligations, Noteholder Obligee shall have the right to proceed with foreclosure of the liens and security interests evidenced hereby without declaring the entire Indebtedness secured obligations due, and in such event any such foreclosure sale may be made subject to the unmatured part of the Indebtednesssecured obligations; and any such sale shall not in any manner affect the unmatured part of the Indebtednesssecured obligations, but as to such unmatured part this Mortgage Security Instrument shall remain in full force and effect just as though no sale had been made. The proceeds of any such sale shall be applied as provided in Paragraph 5.6 the Section of this Article IV entitled “Proceeds of Sale” except that the amount paid under subparagraph Subsection SECOND thereof shall be only the matured portion of the Indebtedness secured obligations and any proceeds of such sale in excess of those provided for in subparagraphs Subsections FIRST and SECOND (modified as provided above) shall be applied to installments of principal of and interest on the Note obligations secured hereby in the inverse order of maturitydue dates. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Indebtednesssecured obligations.
Appears in 1 contract
Sources: Master Development Agreement
Partial Foreclosure. In the event of a an Event of Default in the payment of any part of the IndebtednessObligations, Noteholder Grantee shall have the right to proceed with foreclosure of the liens liens, security title and security interests evidenced hereby without declaring the entire Indebtedness Obligations due, and in such event any such foreclosure sale may be made subject to the unmatured part of the IndebtednessObligations; and any such sale shall not in any manner affect the unmatured part of the IndebtednessObligations, but as to such unmatured part this Mortgage Security Deed shall remain in full force and effect just as though no sale had been made. The proceeds of any such sale shall be applied as provided in Paragraph 5.6 Section 14 except that the amount paid under subparagraph SECOND thereof shall be only the matured portion of the Secured Indebtedness and any proceeds of such sale in excess of those provided for in subparagraphs FIRST and SECOND (modified as provided above) shall be applied paid to installments the Grantor, the holder of principal of and interest on the Note in the inverse order of maturityany subordinate lien or such other person as may be entitled thereto by applicable law. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the IndebtednessObligations.
Appears in 1 contract
Partial Foreclosure. In Upon the event of a Default in the payment occurrence of any part Event of the IndebtednessDefault that is continuing, Noteholder Lender shall have the right to proceed with foreclosure of the liens and security interests evidenced hereby without accelerating or declaring due all or any portion of the entire Indebtedness duesecured indebtedness, and in such event any such foreclosure sale may be made subject to the unmatured part of the Indebtednesssuch indebtedness; and any such sale shall not in any manner affect the unmatured part of the Indebtednessindebtedness, but as to such unmatured part part, this Mortgage Security Instrument shall remain in full force and effect just as though no sale had been made. The proceeds of any such sale shall be applied as provided in Paragraph 5.6 Section 6.1.(d) of this Security Instrument except that the amount paid under subparagraph SECOND thereof shall be only the matured portion of the Indebtedness indebtedness and any proceeds of such sale in excess of those provided for in subparagraphs FIRST and SECOND (modified as provided above) shall be applied to installments of principal of and interest on the Note in the inverse order of maturity. Several sales may be made hereunder without exhausting the right of sale for any unmatured part portion of the Indebtednessindebtedness.
Appears in 1 contract
Sources: Deed of Trust, Security Agreement and Financing Statement (Condor Hospitality Trust, Inc.)
Partial Foreclosure. In During a Default, the event of a Default in the payment of any part of the Indebtedness, Noteholder Administrative Agent ------------------- shall have the right to proceed with foreclosure of the liens and security interests evidenced hereby without declaring the entire Secured Indebtedness due, and in such event any such foreclosure sale may be made subject to the unmatured part of the Secured Indebtedness; and any such sale shall not in any manner affect the unmatured part of the Secured Indebtedness, but as to such unmatured part this Mortgage Deed of Trust shall remain in full force and effect just as though no sale had been made. The proceeds of any such sale shall be applied as provided in Paragraph 5.6 3.7 except that the amount paid under subparagraph SECOND second thereof shall be only the matured portion of the Secured Indebtedness and any proceeds of such sale in excess of those provided for in subparagraphs FIRST first and SECOND second (modified as provided above) shall be applied to installments of principal of and interest on the Note Notes in the inverse order of maturity. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Secured Indebtedness.
Appears in 1 contract
Partial Foreclosure. In the event of a Default default in the payment of any part of the Indebtednesssecured indebtedness, the Noteholder shall have the right to proceed with foreclosure of the liens and security interests evidenced hereby without declaring the entire Indebtedness secured indebtedness due, and in such event any such foreclosure sale may be made subject to the unmatured part of the Indebtednesssecured indebtedness; and any such sale shall not in any manner affect the unmatured part of the Indebtednesssecured indebtedness, but as to such unmatured part this Mortgage shall remain in full force and effect just as though no sale had been made. The proceeds of any such sale shall be applied as provided in Paragraph 5.6 4.7 except that the amount paid under subparagraph SECOND thereof shall be only the matured portion of the Indebtedness secured indebtedness and any proceeds of such sale in excess of those provided for in subparagraphs FIRST and SECOND (modified as provided above) shall be applied to installments of principal of and interest on the Note in the inverse order of maturity. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Indebtednesssecured indebtedness.
Appears in 1 contract
Sources: Deed of Trust, Mortgage and Security Agreement (Emeritus Corp\wa\)
Partial Foreclosure. In the event of a Default in the payment of any part of the Indebtedness, Noteholder the Collateral Agent shall have the right to proceed with foreclosure of the liens and security interests evidenced hereby without declaring the entire Indebtedness due, and in such event any such foreclosure sale may be made subject to the unmatured part of the Indebtedness; and any such sale shall not in any manner affect the unmatured part of the Indebtedness, but as to such unmatured part this Mortgage Deed of Trust shall remain in full force and effect just as though no sale had been made. The proceeds of any such sale shall be applied as provided in Paragraph 5.6 5.5 except that the amount paid under subparagraph SECOND thereof shall be only the matured portion of the Indebtedness and any proceeds of such sale in excess of those provided for in subparagraphs FIRST and SECOND (modified as provided above) shall be applied to installments of principal of and interest on the Note Notes in the inverse order of maturity. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Indebtedness.
Appears in 1 contract
Sources: Term Loan and Revolving Credit Facility Agreement (Stolt Nielsen S A)
Partial Foreclosure. In the event of a Default default in the payment of ------------------- any part of the Indebtednesssecured indebtedness, the Noteholder shall have the right to proceed with foreclosure of the liens and security interests evidenced hereby without declaring the entire Indebtedness secured indebtedness due, and in such event any such foreclosure sale may be made subject to the unmatured part of the Indebtednesssecured indebtedness; and any such sale shall not in any manner affect the unmatured part of the Indebtednesssecured indebtedness, but as to such unmatured part this Mortgage Deed of Trust shall remain in full force and effect just as though no sale had been made. The proceeds of any such sale shall be applied as provided in Paragraph 5.6 4.7 except that the amount paid under subparagraph SECOND thereof shall be only the matured portion of the Indebtedness secured indebtedness and any proceeds of such sale in excess of those provided for in subparagraphs FIRST and SECOND (modified as provided above) shall be applied to installments of principal of and interest on the Note in the inverse order of maturity. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Indebtednesssecured indebtedness.
Appears in 1 contract
Sources: Deed of Trust, Mortgage and Security Agreement (Wells Real Estate Investment Trust Inc)
Partial Foreclosure. In the event of a Default in the payment of any part of the Indebtedness, Noteholder the Collateral Agent shall have the right to proceed with foreclosure of the liens and security interests evidenced hereby without declaring the entire Indebtedness due, and in such event any such foreclosure sale may be made subject to the unmatured part of the Indebtedness; and any such sale shall not in any manner affect the unmatured part of the Indebtedness, but as to such unmatured part this Mortgage shall remain in full force and effect just as though no sale had been made. The proceeds of any such sale shall be applied as provided in Paragraph 5.6 Section 5.2(b) except that the amount paid under subparagraph SECOND thereof shall be only the matured portion of the Indebtedness and any proceeds of such sale in excess of those provided for in subparagraphs FIRST and SECOND (modified as provided above) shall be applied to installments of principal of and interest on the Note Notes in the inverse order of maturity. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Indebtedness.
Appears in 1 contract
Sources: Term Loan and Revolving Credit Facility Agreement (Stolt Nielsen S A)
Partial Foreclosure. In the event of a Default default in the payment of any part of the Indebtednesssecured indebtedness, Noteholder the Beneficiary shall have the right to proceed with foreclosure of the liens and security interests evidenced hereby without declaring the entire Indebtedness secured indebtedness due, and in such event any such foreclosure sale may be made subject to the unmatured part of the Indebtednesssecured indebtedness; and any such sale shall not in any manner affect the unmatured part of the Indebtednesssecured indebtedness, but as to such unmatured part this Mortgage Deed of Trust shall remain in full force and effect just as though no sale had been made. The proceeds of any such sale shall be applied as provided in Paragraph 5.6 4.7 except that the amount paid under subparagraph SECOND thereof shall be only the matured portion of the Indebtedness secured indebtedness and any proceeds of such sale in excess of those provided for in subparagraphs FIRST and SECOND (modified as provided above) shall be applied to installments of principal of and interest on the Note in the inverse order of maturity. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Indebtednesssecured indebtedness.
Appears in 1 contract
Sources: Deed of Trust (Behringer Harvard Opportunity REIT I, Inc.)