Common use of Default Rate Clause in Contracts

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ability to meet its other obligations and to take advantage of other investment opportunities; and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. ▇▇▇▇▇▇▇▇ also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) days or more or any other Event of Default has occurred and is continuing, ▇▇▇▇▇▇'s risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. ▇▇▇▇▇▇▇▇ agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 43 contracts

Sources: Loan Agreement, Multifamily Note, Multifamily Note

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) 30 days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall will accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall will continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ’s ability to meet its other obligations and to take advantage of other investment opportunities; , and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. ▇▇▇▇▇▇▇▇ also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more or any other Event of Default has occurred and is continuing, ▇▇▇▇▇▇'s ’s risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. ▇▇▇▇▇▇▇▇ agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's ’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 32 contracts

Sources: Multifamily Note (Steadfast Apartment REIT, Inc.), Master Multifamily Note (New Senior Investment Group Inc.), Multifamily Note (Strategic Student & Senior Housing Trust, Inc.)

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ’s ability to meet its other obligations and to take advantage of other investment opportunities; and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. ▇▇▇▇▇▇▇▇ also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) days or more or any other Event of Default has occurred and is continuing, ▇▇▇▇▇▇'s ’s risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. ▇▇▇▇▇▇▇▇ agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's ’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 26 contracts

Sources: Multifamily Note Cme (Steadfast Income REIT, Inc.), Multifamily Note (Angeles Partners Xii), Multifamily Note Cme (Century Properties Fund Xix)

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ability to meet its other obligations and to take advantage of other investment opportunities; and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. ▇▇▇▇▇▇▇▇ Borrower also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) days or more or any other Event of Default has occurred and is continuing, ▇▇▇▇▇▇Lender's risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. ▇▇▇▇▇▇▇▇ Borrower agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 24 contracts

Sources: Multifamily Note (Angeles Income Properties LTD 6), Multifamily Note (Shelter Properties Ii LTD Partnership), Credit Agreement (Essex Property Trust Inc)

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) 30 days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall will accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall will continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ’s ability to meet its other obligations and to take advantage of other investment opportunities; and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. ▇▇▇▇▇▇▇▇ also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more or any other Event of Default has occurred and is continuing, ▇▇▇▇▇▇'s ’s risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. ▇▇▇▇▇▇▇▇ agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's ’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 3 contracts

Sources: Multifamily Note (Emeritus Corp\wa\), Multifamily Note (Emeritus Corp\wa\), Multifamily Note (Steadfast Income REIT, Inc.)

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) 30 days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall will accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall will continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ▇▇▇▇▇▇’s ability to meet its other obligations and to take advantage of other investment opportunities; and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. ▇▇▇▇▇▇▇▇ also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more or any other Event of Default has occurred and is continuing, ▇▇▇▇▇▇'s ’s risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. ▇▇▇▇▇▇▇▇ agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's ’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 3 contracts

Sources: Multifamily Note (NorthStar Healthcare Income, Inc.), Multifamily Note (Steadfast Income REIT, Inc.), Multifamily Note (Steadfast Income REIT, Inc.)

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) 30 days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ’s ability to meet its other obligations and to take advantage of other investment opportunities; and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. B▇▇▇▇▇▇▇ also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more or any other Event of Default has occurred and is continuing, L▇▇▇▇▇▇'s ’s risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. B▇▇▇▇▇▇▇ agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's ’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 2 contracts

Sources: Multifamily Note (Preferred Apartment Communities Inc), Multifamily Note (Preferred Apartment Communities Inc)

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) 30 days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall will accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall will continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ’s ability to meet its other obligations and to take advantage of other investment opportunities; , and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. ▇▇▇▇▇▇▇▇ also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more or any other Event of Default has occurred and is continuing, ▇▇▇▇▇▇'s ’s risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. ▇▇▇▇▇▇▇▇ agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender ▇▇▇▇▇▇ will incur by reason of the Borrower's ’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 2 contracts

Sources: Multifamily Note (Resource Apartment REIT III, Inc.), Multifamily Note (Resource Apartment REIT III, Inc.)

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ’s ability to meet its other obligations and to take advantage of other investment opportunities; and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. B▇▇▇▇▇▇▇ also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) days or more or any other Event of Default has occurred and is continuing, L▇▇▇▇▇▇'s ’s risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. B▇▇▇▇▇▇▇ agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's ’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 2 contracts

Sources: Multifamily Note (Post Properties Inc), Multifamily Note (Capital Senior Living Corp)

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) 30 days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall will accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall will continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ▇▇▇▇▇▇’s ability to meet its other obligations and to take advantage of other investment opportunities; , and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. ▇▇▇▇▇▇▇▇ also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more or any other Event of Default has occurred and is continuing, ▇▇▇▇▇▇'s ’s risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. ▇▇▇▇▇▇▇▇ agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's ’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 2 contracts

Sources: Multifamily Note (KBS Strategic Opportunity REIT II, Inc.), Multifamily Note (KBS Legacy Partners Apartment REIT, Inc.)

Default Rate. Multifamily Note Page 6 Floating Rate (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) 30 days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall will accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall will continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ’s ability to meet its other obligations and to take advantage of other investment opportunities; , and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. ▇▇▇▇▇▇▇▇ also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more or any other Event of Default has occurred and is continuing, ▇▇▇▇▇▇'s ’s risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. ▇▇▇▇▇▇▇▇ agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's ’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 2 contracts

Sources: Multifamily Note (Steadfast Income REIT, Inc.), Multifamily Note (Steadfast Income REIT, Inc.)

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) 30 days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall will accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall will continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ’s ability to meet its other obligations and to take advantage of other investment opportunities; , and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. B▇▇▇▇▇▇▇ also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more or any other Event of Default has occurred and is continuing, L▇▇▇▇▇▇'s ’s risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. B▇▇▇▇▇▇▇ agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's ’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 2 contracts

Sources: Multifamily Note (Bluerock Residential Growth REIT, Inc.), Multifamily Note (Bluerock Residential Growth REIT, Inc.)

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ability to meet its other obligations and to take advantage of other investment opportunities; and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. ▇▇▇▇▇▇▇▇ also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) days or more or any other Event of Default has occurred and is continuing, ▇▇▇▇▇▇'s risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. ▇▇▇▇▇▇▇▇ Borrower agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 2 contracts

Sources: Multifamily Note (Emeritus Corp\wa\), Multifamily Note (Emeritus Corp\wa\)

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) days or more or (ii) any other After the occurrence and during the continuance of an Event of Default has occurred and is continuinghereunder, then notwithstanding anything in Section 3 the per annum effective rate of this Note interest applicable to all Loans shall be increased to the contrary, interest under this Note shall accrue on Default Rate. All such increases may be applied retroactively to the unpaid principal balance from the Installment Due Date date of the first such unpaid monthly installment or the occurrence of such other the Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall continue to bear interest at . Each Borrower agrees that the Default Rate until payable to Lender is a reasonable estimate of the Lender’s damages and including the date on which the entire principal balance is paid in full. (c) not a penalty. Each Borrower also acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the its Loan, (ii) that, during the time that any monthly installment or payment under this Note is delinquent for thirty (30) days or moredelinquent, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ’s ability to meet its other obligations and to take advantage of other investment opportunities; opportunities and (iii) that it is extremely difficult and impractical to determine those any such additional costs and expenses. ▇▇▇▇▇▇▇▇ also acknowledges that, ; and (ii) during the time that any monthly installment or other payment due under this such Borrower’s Note is delinquent for thirty (30) days or more or any other Event of Default has occurred and is continuingdelinquent, ▇▇▇▇▇▇'s Lender’s risk of nonpayment of this such Note will be materially increased and Lender is entitled to be compensated for such increased risk. ▇▇▇▇▇▇▇▇ Each Borrower further agrees that the increase in the rate of interest payable under this its Note to the Default Rate represents a fair and reasonable estimate, estimate (taking into account all circumstances existing on the date of this Note, hereof) of the additional costs and expenses Lender will incur by reason of the Borrower's ’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan. 99305209_1 (ii) All contractual rates of interest chargeable on outstanding Principal under each Loan shall continue to accrue and be paid even after Default, an Event of Default, maturity, acceleration, judgment, bankruptcy, insolvency proceedings of any kind or the happening of any event or occurrence similar or dissimilar.

Appears in 1 contract

Sources: Loan Agreement (Regional Health Properties, Inc)

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrarycont, interest aryinterest under this Note shall accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ability to meet its other obligations and to take advantage of other investment opportunities; and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. ▇▇▇▇▇▇▇▇ also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) days or more or any other Event of Default has occurred and is continuing, ▇▇▇▇▇▇'s risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. ▇▇▇▇▇▇▇▇ agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 1 contract

Sources: Multifamily Note (Davidson Diversified Real Estate Ii Limited Partnership)

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ability to meet its other obligations and to take advantage of other investment opportunities; and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. ▇▇▇▇▇▇▇▇ also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) days or more or any other Event of Default has occurred and is continuing, ▇▇▇▇▇▇'s risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. ▇▇▇▇▇▇▇▇ agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower▇▇▇▇▇▇▇▇'s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 1 contract

Sources: Multifamily Note (Emeritus Corp\wa\)

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) 30 days or more more, or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall will accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall will continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ’s ability to meet its other obligations and to take advantage of other investment opportunities; , and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. ▇▇▇▇▇▇▇▇ also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more or any other Event of Default has occurred and is continuing, ▇▇▇▇▇▇'s ’s risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. ▇▇▇▇▇▇▇▇ agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's ’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 1 contract

Sources: Multifamily Note

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) 30 days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ’s ability to meet its other obligations and to take advantage of other investment opportunities; and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. ▇▇▇▇▇▇▇▇ also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more or any other Event of Default has occurred and is continuing, ▇▇▇▇▇▇'s ’s risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. ▇▇▇▇▇▇▇▇ agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's ’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 1 contract

Sources: Multifamily Note (Emeritus Corp\wa\)

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ’s ability to meet its other obligations and to take advantage of other investment opportunities; and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. ▇▇▇▇▇▇▇▇ also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) days or more or any other Event of Default has occurred and is continuing, ▇▇▇▇▇▇'s ’s risk of nonpayment of this Note will be materially increased and Lender ▇▇▇▇▇▇ is entitled to be compensated for such increased risk. ▇▇▇▇▇▇▇▇ agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's ’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 1 contract

Sources: Multifamily Note (Roberts Realty Investors Inc)