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HomeMy WebLinkAbout0993 5. On filing the certificate of title the Clerk shall distribute the proceeds of the sale and all proceeds deposited by the Receiver, if any, pursuant to paragraph 6 herein, so far as they are sufficient, by paying to the plaintiff: first, all of plaintiff'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 inLereSL a~ LIIC ~a~~ prescribed by law from this date 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 admini~tration of the property placed in his charge in this cause and his petition for ~ expenses, casts and fees. Any excess receipts will be deposited with the Clerk of this Court. The Receiver shall set forth in his interim final accounting any expenditures for 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 teimQUrSe~nenL iv~ exYenses, costs and fees, plaintiff may ` ; reimburse the Receiver for such costs, expenses and fees and F such payment by plaintiff shall be secured by the Mortgage ~ along with all of the other indebtedness secured thereby as ~ s et forth herein. 7. Subsequent to the Clerk's sale of the mortgaged property, the Court will hold a hearing on the day of r , 1985, at .3 v a.m. , at which time the Cou t will consider the Receiver's final accounting and petition for discharge. ~ z ~ 8. On filing the certificate of title, defendants and ~ ~ all persons claiming under or against them since the filing of ~ ~ ~ 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. 3 GG~K 46~ PacE 991 ~ r _ _T__ _ ~ ~ - ~n,~ _ ° ~