HomeMy WebLinkAbout0930 5. On filing the certificate of title the Clerk shall
distribute the proceeds of the sale and all proceeds de~osited
by the Receiver, if any, pursuant to paragraph 6 herein, so
far as they are sufficient, by paying to the pl~intiff:
first, all of plain~iff's costs; second, documentary stamps
affixed to the certificate; third, plaintiff's attorneys'
fees; fourth, the total sum due to plaintiff less the items
paid plus interest at the rate prescribed by law from this
~ate to the date of the sale; fifth, payment of the Receiver's
fees as provided herein; and sixth, by paying to the record
owner of the property all remaining amounts.
6. The Receiver duly appointed in this cause, if any,
will file his interim final accounting of all receipts and
expenditures arising out of his administration of the property
placed in his charge in this cause and his petition for
expenses, costs and fees. Any excess receipts will b~
deposited with the Clerk of this~Court. The Receiver shall ~
set forth in his interim f inal accounting any expenditures for
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which he has not been reimbursed. If the Court finds upon
considering Receiver's interim final accounting and petition
for expenses, costs and fees, that the Receiver is entitled to
` reimbursement for expenses, costs and fees, plaintiff may
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' reimburse the Receiver for such costs, expenses and fees and
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' such payment by plaintiff shall be secured by the Mortgage
along with all of the other indebtedness secured thereby as
set forth herein.
7. Subs~quent to the Clerk's sale of the mortgaged
property, the Court will I~old a hearing on the day of
1985, at ~'~d a.m. , at which time the
Court will consider the Receiver's final accounting and
~ petition for discharge.
~ 8. On filing the certificate of title, defendants a?id
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~ all persons claiming under or against them since the filing of
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~ the notice of lis pendens shall be foreclosed of all estate or
claim in the property and the purchaser at the sale shall be
let into possession of the property.
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3 an~~ 464 ~acE 9~
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