Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender, in Lender’s discretion. Neither Lender’s acceptance of an amount that is less than all amounts then due and payable nor Lender’s application of such payment in the manner authorized will constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower’s obligations under this Instrument, the Note and all other Loan Documents will remain unchanged.
Appears in 28 contracts
Sources: Multifamily Deed of Trust, Assignment of Rents and Security Agreement, Multifamily Deed of Trust, Assignment of Rents and Security Agreement (Strategic Student & Senior Housing Trust, Inc.), Multifamily Mortgage, Assignment of Rents, Security Agreement and Fixture Filing (Steadfast Income REIT, Inc.)
Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender, in Lender’s 's discretion. Neither Lender’s 's acceptance of an amount that is less than all amounts then due and payable nor Lender’s 's application of such payment in the manner authorized will shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower’s 's obligations under this Instrument, Instrument and the Note and all other Loan Documents will shall remain unchanged.
Appears in 25 contracts
Sources: Multifamily Deed of Trust, Assignment of Rents and Security Agreement (Angeles Income Properties LTD 6), Multifamily Deed of Trust, Assignment of Rents and Security Agreement (Angeles Income Properties LTD 6), Multifamily Deed of Trust, Assignment of Rents and Security Agreement and Fixture Filing (Cornerstone Healthcare Plus Reit, Inc.)
Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender▇▇▇▇▇▇, in Lender▇▇▇▇▇▇’s discretion. Neither Lender’s acceptance of an amount that is less than all amounts then due and payable nor Lender’s application of such payment in the manner authorized will constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower▇▇▇▇▇▇▇▇’s obligations under this Instrument, the Note and all other Loan Documents will remain unchanged.
Appears in 20 contracts
Sources: Uniform Covenants, Uniform Covenants to Security Instrument, Multifamily Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing (Steadfast Income REIT, Inc.)
Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender, in Lender’s discretion. Neither Lender’s acceptance of an amount that is less than all amounts then due and payable nor Lender’s application of such payment in the manner authorized will shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower’s obligations under this Instrument, Instrument and the Note and all other Loan Documents will shall remain unchanged.
Appears in 20 contracts
Sources: Multifamily Mortgage, Assignment of Rents and Security Agreement (Behringer Harvard Opportunity REIT II, Inc.), Multifamily Mortgage, Assignment of Rents and Security Agreement (Emeritus Corp\wa\), Multifamily Mortgage, Assignment of Rents and Security Agreement (Emeritus Corp\wa\)
Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender, in Lender’s 's discretion. Neither Lender’s 's acceptance of an amount that which is less than all amounts then due and payable nor Lender’s 's application of such payment in the manner authorized will shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower’s 's obligations under this Instrument, Instrument and the Note and all other Loan Documents will shall remain unchanged.
Appears in 18 contracts
Sources: Deed of Trust, Assignment of Rents and Security Agreement (Bluerock Enhanced Multifamily Trust, Inc.), Multifamily Deed of Trust, Assignment of Rents and Security Agreement and Fixture Filing (Davidson Income Real Estate Lp), Multifamily Deed of Trust, Assignment of Rents and Security Agreement and Fixture Filing (Davidson Income Real Estate Lp)
Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender▇▇▇▇▇▇, in Lender▇▇▇▇▇▇’s discretion. Neither Lender’s acceptance of an amount that is less than all amounts then due and payable nor Lender’s application of such payment in the manner authorized will shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower▇▇▇▇▇▇▇▇’s obligations under this Instrument, Instrument and the Note and all other Loan Documents will shall remain unchanged.
Appears in 14 contracts
Sources: Multifamily Mortgage, Assignment of Rents and Security Agreement (Steadfast Income REIT, Inc.), Multifamily Deed of Trust, Assignment of Rents and Security Agreement (Preferred Apartment Communities Inc), Multifamily Mortgage, Assignment of Rents and Security Agreement (Preferred Apartment Communities Inc)
Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender, in Lender’s 's discretion. Neither Lender’s 's acceptance of an amount that which is less than all amounts then due and payable nor Lender’s 's application of such payment in the manner authorized will shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower’s obligations under this Instrument, Instrument and the Note and all other Loan Documents will shall remain unchanged.
Appears in 6 contracts
Sources: Multifamily Deed of Trust, Assignment of Rents and Security Agreement (VMS National Properties Joint Venture), Multifamily Mortgage, Assignment of Rents and Security Agreement (VMS National Properties Joint Venture), Multifamily Mortgage, Assignment of Rents and Security Agreement (VMS National Properties Joint Venture)
Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any the manner and set forth in any order determined by Lender, in Lender’s discretionthe Note. Neither Lender’s acceptance of an amount that which is less than all amounts then due and payable nor Lender’s application of such payment in the manner authorized will in the immediately preceding sentence shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower’s obligations under this Instrument, Security Instrument and the Note and all other Loan Documents will shall remain unchanged.
Appears in 4 contracts
Sources: Mortgage and Security Agreement, Deed to Secure Debt and Security Agreement, Deed to Secure Debt and Security Agreement (CNL Healthcare Trust, Inc.)
Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender▇▇▇▇▇▇, in Lender’s ▇▇▇▇▇▇'s discretion. Neither Lender’s 's acceptance of an amount that which is less than all amounts then due and payable nor Lender’s 's application of such payment in the manner authorized will shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower’s ▇▇▇▇▇▇▇▇'s obligations under this Instrument, Instrument and the Note and all other Loan Documents will shall remain unchanged.
Appears in 4 contracts
Sources: Multifamily Deed of Trust, Assignment of Rents and Security Agreement, Multifamily Deed of Trust, Assignment of Rents and Security Agreement, Multifamily Mortgage, Assignment of Rents and Security Agreement
Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender, in Lender’s discretion. Neither Lender’s acceptance of an amount that which is less than all amounts then due and payable nor Lender’s application of such payment in the manner authorized will shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower’s obligations under this Instrument, Instrument and the Note and all other Loan Documents will shall remain unchanged.
Appears in 4 contracts
Sources: Purchase Money Mortgage (Steadfast Income REIT, Inc.), Multifamily Deed of Trust, Assignment of Rents and Security Agreement (Maxus Realty Trust Inc.), Mortgage and Security Agreement (Emeritus Corp\wa\)
Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender, in Lender’s 's discretion. Neither Lender’s 's acceptance of an amount that is less than all amounts then due and payable nor Lender’s 's application of such payment in the manner authorized will constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower’s 's obligations under this Instrument, the Note and all other Loan Documents will remain unchanged.
Appears in 3 contracts
Sources: Multifamily Mortgage, Assignment of Rents and Security Agreement (Steadfast Income REIT, Inc.), Multifamily Deed to Secure Debt, Assignment of Rents and Security Agreement (Steadfast Apartment REIT, Inc.), Multifamily Mortgage (Bluerock Residential Growth REIT, Inc.)
Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender▇▇▇▇▇▇, in Lender’s ▇▇▇▇▇▇'s discretion. Neither Lender’s 's acceptance of an amount that which is less than all amounts then due and payable nor Lender’s 's application of such payment in the manner authorized will shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower▇▇▇▇▇▇▇▇’s obligations under this Instrument, Instrument and the Note and all other Loan Documents will shall remain unchanged.
Appears in 3 contracts
Sources: Multifamily Deed of Trust, Assignment of Rents and Security Agreement, Memorandum of Understanding, Memorandum of Understanding
Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender▇▇▇▇▇▇, in Lender’s ▇▇▇▇▇▇'s discretion. Neither Lender’s 's acceptance of an amount that is less than all amounts then due and payable nor Lender’s 's application of such payment in the manner authorized will shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower’s ▇▇▇▇▇▇▇▇'s obligations under this Instrument, Instrument and the Note and all other Loan Documents will shall remain unchanged.
Appears in 3 contracts
Sources: Multifamily Deed of Trust, Assignment of Rents and Security Agreement and Fixture Filing (Century Properties Fund Xvii), Multifamily Mortgage, Assignment of Rents and Security Agreement (Emeritus Corp\wa\), Multifamily Deed of Trust, Assignment of Rents and Security Agreement (Consolidated Capital Properties Iv)
Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by LenderL▇▇▇▇▇, in LenderL▇▇▇▇▇’s discretion. Neither Lender’s acceptance of an amount that is less than all amounts then due and payable nor Lender’s application of such payment in the manner authorized will shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, BorrowerB▇▇▇▇▇▇▇’s obligations under this Instrument, Instrument and the Note and all other Loan Documents will shall remain unchanged.
Appears in 2 contracts
Sources: Multifamily Deed of Trust, Assignment of Rents and Security Agreement (NTS Realty Holdings Lp), Multifamily Deed of Trust, Assignment of Rents and Security Agreement and Fixture Filing (Capital Senior Living Corp)
Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by LenderL▇▇▇▇▇, in LenderL▇▇▇▇▇’s discretion. Neither Lender’s acceptance of an amount that is less than all amounts then due and payable nor Lender’s application of such payment in the manner authorized will constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, BorrowerB▇▇▇▇▇▇▇’s obligations under this Instrument, the Note and all other Loan Documents will remain unchanged.
Appears in 2 contracts
Sources: Multifamily Deed to Secure Debt, Assignment of Rents and Security Agreement (Bluerock Residential Growth REIT, Inc.), Multifamily Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing (Bluerock Residential Growth REIT, Inc.)
Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender▇▇▇▇▇▇, in Lender▇▇▇▇▇▇’s discretion. Neither Lender▇▇▇▇▇▇’s acceptance of an amount that is less than all amounts then due and payable nor Lender’s application of such payment in the manner authorized will shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower▇▇▇▇▇▇▇▇’s obligations under this Instrument, Instrument and the Note and all other Loan Documents will shall remain unchanged.
Appears in 2 contracts
Sources: Multifamily Deed of Trust, Assignment of Rents and Security Agreement (NTS Realty Holdings Lp), Multifamily Deed of Trust, Assignment of Rents and Security Agreement (NTS Realty Holdings Lp)
Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender, in Lender’s 's discretion. Neither Lender’s 's acceptance of an amount that which is less than all amounts then due and payable nor Lender’s 's application of such payment in the manner authorized will shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower’s Borrower s obligations under this Instrument, Instrument and the Note and all other Loan Documents will shall remain unchanged.
Appears in 2 contracts
Sources: Multifamily Deed to Secure Debt, Assignment of Rents and Security Agreement (Vinings Investment Properties Trust/Ga), Multifamily Deed to Secure Debt, Assignment of Rents and Security Agreement (Vinings Investment Properties Trust/Ga)
Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender▇▇▇▇▇▇, in Lender▇▇▇▇▇▇’s discretion. Neither Lender’s acceptance of an amount that which is less than all amounts then due and payable nor Lender’s application of such payment in the manner authorized will shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower▇▇▇▇▇▇▇▇’s obligations under this Instrument, Mortgage and the Note and all other Loan Documents will shall remain unchanged.
Appears in 2 contracts
Sources: Performance and Completion Guaranty, CDBG Piggyback Program Mortgage, Assignment of Leases and Rents and Security Agreement
Application of Payments. If at any time Lender receives, from Borrower Guarantor or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due due and payable in any manner and in any order determined by Lender▇▇▇▇▇▇, in Lender▇▇▇▇▇▇’s discretion. Neither Lender’s acceptance of an amount that which is less than all amounts then due and payable nor Lender’s application of such payment in the manner authorized will shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, BorrowerGuarantor’s obligations under this Instrument, Instrument and the Note and all other Loan Documents will shall remain unchanged.
Appears in 1 contract
Sources: Deed of Trust
Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by LenderL▇▇▇▇▇, in Lender’s L▇▇▇▇▇'s discretion. Neither Lender’s 's acceptance of an amount that is less than all amounts then due and payable nor Lender’s 's application of such payment in the manner authorized will shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower’s B▇▇▇▇▇▇▇'s obligations under this Instrument, Instrument and the Note and all other Loan Documents will shall remain unchanged.
Appears in 1 contract
Sources: Multifamily Mortgage, Assignment of Rents and Security Agreement (Emeritus Corp\wa\)
Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender, in Lender’s discretion. Neither Lender’s acceptance acc▇▇▇▇▇▇e of an amount ▇▇ ▇▇▇unt that is less than all amounts then due and payable nor Lender’s application of such payment in the manner authorized will constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower’s obligations under this Instrument, the Note and all No▇▇ ▇▇▇ ▇ll other Loan Documents will remain unchanged.
Appears in 1 contract
Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender▇▇▇▇▇▇, in Lender▇▇▇▇▇▇’s discretion. Neither Lender’s acceptance of an amount that which is less than all amounts then due and payable nor Lender’s application of such payment in the manner authorized will shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower▇▇▇▇▇▇▇▇’s obligations under this Instrument, Instrument and the Note and all other Loan Documents will shall remain unchanged.
Appears in 1 contract
Application of Payments. If at any time Lender receives, from Borrower Guarantor or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender▇▇▇▇▇▇, in Lender▇▇▇▇▇▇’s discretion. Neither Lender’s acceptance of an amount that which is less than all amounts then due and payable nor Lender’s application of such payment in the manner authorized will shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, BorrowerGuarantor’s obligations under this Instrument, Instrument and the Note and all other Loan Documents will shall remain unchanged.unchanged.
Appears in 1 contract
Sources: Deed of Trust
Application of Payments. If at any time anytime Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender▇▇▇▇▇▇, in Lender’s ▇▇▇▇▇▇'s discretion. Neither Lender’s 'S acceptance of an amount that is less than all amounts then due and payable nor Lender’s 's application of such payment in the manner authorized will shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower’s ▇▇▇▇▇▇▇▇'s obligations under this Instrument, Instrument and the Note and all other Loan Documents will shall remain unchanged.
Appears in 1 contract
Sources: Multifamily Mortgage, Assignment of Rents and Security Agreement (Steadfast Income REIT, Inc.)
Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender▇▇▇▇▇▇, in Lender’s ▇▇▇▇▇▇'s discretion. Neither Lender’s 's acceptance of an amount that is less than all amounts then due and payable nor Lender’s 's application of such payment in the manner authorized will constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower’s ▇▇▇▇▇▇▇▇'s obligations under this Instrument, the Note and all other Loan Documents will remain unchanged.
Appears in 1 contract
Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender▇▇▇▇▇▇, in Lender▇▇▇▇▇▇’s discretion. Neither Lender▇▇▇▇▇▇’s acceptance of an amount that is less than all amounts then due and payable nor Lender’s application of such payment in the manner authorized will constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower▇▇▇▇▇▇▇▇’s obligations under this Instrument, the Note and all other Loan Documents will remain unchanged.
Appears in 1 contract
Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender▇▇▇▇▇▇, in Lender▇▇▇▇▇▇’s discretion. Neither Lender’s acceptance of an amount that is less than all amounts then due and payable nor Lender’s application of such payment in the manner authorized will shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower▇▇▇▇▇▇▇▇’s obligations under this Instrument, the Note Reimbursement Agreement and all the other Loan Documents will shall remain unchanged.
Appears in 1 contract
Sources: Uniform Covenants
Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender, in Lender’s discretion. Neither Lender’s acceptance of an amount that is less than all amounts then due and payable nor Lender’s application of such payment in the manner authorized will shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to ‘the Indebtedness, Borrower’s obligations under this Instrument, Instrument and the Note and all other Loan Documents will shall remain unchanged.
Appears in 1 contract
Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender, in Lender’s 's discretion. Neither Lender’s ▇▇▇▇▇er Le▇▇▇▇'▇ acceptance of an amount that which is less than all amounts then due and payable nor Lender’s 's application of such payment in the manner authorized will shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower’s 's obligations under this Instrument, th▇▇ ▇▇▇▇▇ument and the Note and all other Loan Documents will shall remain unchanged.
Appears in 1 contract
Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender▇▇▇▇▇▇, in Lender’s ▇▇▇▇▇▇'s discretion. Neither Lender’s ▇▇▇▇▇▇'s acceptance of an amount that which is less than all amounts then due and payable nor Lender’s 's application of such payment in the manner authorized will shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower’s ▇▇▇▇▇▇▇▇'s obligations under this Instrument, Instrument and the Note and all other Loan Documents will shall remain unchanged.
Appears in 1 contract
Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender, in Lender’s 's discretion. Neither Lender’s 's acceptance 11/01 Page 11 of an amount that which is less than all amounts then due and payable nor Lender’s 's application of such payment in the manner authorized will shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower’s obligations under this Instrument, Instrument and the Note and all other Loan Documents will shall remain unchanged.
Appears in 1 contract
Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender, in Lender’s 's discretion. Neither Lender’s 's acceptance of an amount that which is less than all amounts then due and payable nor Lender’s 's application of such payment in the manner authorized will shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness', Borrower’s 's obligations under this Instrument, Instrument and the Note and all other Loan Documents will shall remain unchanged.
Appears in 1 contract