Application of Partial 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, Lender may apply the amount received to amounts then due and payable in any manner and in any order determined by Xxxxxx, in Xxxxxx’s discretion. Xxxxxxxx agrees that neither Xxxxxx’s acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender’s application of such payment will constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.
Appears in 47 contracts
Samples: Master Loan Agreement (New Senior Investment Group Inc.), Regulatory Agreement (Strategic Student & Senior Housing Trust, Inc.), Regulatory Agreement (KBS Strategic Opportunity REIT II, Inc.)
Application of Partial Payments. If at any time Lender Holder receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, Lender Holder may apply the amount received to amounts then due and payable in any manner and in any order determined by Xxxxxx, in Xxxxxx’s discretion. Xxxxxxxx agrees that neither Xxxxxx’s acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor LenderHolder’s application of such payment will shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.
Appears in 2 contracts
Samples: mf.freddiemac.com, mf.freddiemac.com
Application of Partial 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, Lender may apply the amount received to amounts then due and payable in any manner and in any order determined by XxxxxxLxxxxx, in XxxxxxLxxxxx’s discretion. Xxxxxxxx Bxxxxxxx agrees that neither XxxxxxLxxxxx’s acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender’s application of such payment will shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.
Appears in 2 contracts
Samples: Preferred Apartment Communities Inc, Preferred Apartment Communities Inc
Application of Partial 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, Lender may apply the amount received to amounts then due and payable in any manner and in any order determined by XxxxxxLxxxxx, in XxxxxxLxxxxx’s discretion. Xxxxxxxx Bxxxxxxx agrees that neither XxxxxxLxxxxx’s acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender’s application of such payment will constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.
Appears in 2 contracts
Samples: Bluerock Residential Growth REIT, Inc., Bluerock Residential Growth REIT, Inc.
Application of Partial 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, Lender may apply the amount received to amounts then due and payable in any manner and in any order determined by XxxxxxLender, in XxxxxxLender’s discretion. Xxxxxxxx Borrower agrees that neither XxxxxxLender’s acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender’s application of such payment will constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.
Appears in 2 contracts
Samples: Multifamily Note (Bluerock Residential Growth REIT, Inc.), Resource Apartment REIT III, Inc.
Application of Partial 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, Lender may apply the amount received to amounts then due and payable in any manner and in any order determined by Xxxxxx, in Xxxxxx’s discretion. Xxxxxxxx agrees that neither Xxxxxx’s acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender’s application of such payment will shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.
Appears in 1 contract
Samples: Emeritus Corp\wa\
Application of Partial 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, Lender may apply the amount received to amounts then due and payable in any manner and in any order determined by Xxxxxx, in Xxxxxx’s discretion. Xxxxxxxx agrees that neither Xxxxxx’s acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender’s application of such payment will constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.. Multifamily Multistate Fixed Rate Note (CME)
Appears in 1 contract
Samples: Emeritus Corp\wa\
Application of Partial 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, Lender may apply the amount received to amounts then due and payable in any manner and in any order determined by Xxxxxx, in Xxxxxx’s 's discretion. Xxxxxxxx agrees that neither Xxxxxx’s 's acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender’s 's application of such payment will constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. 5.
Appears in 1 contract
Samples: Steadfast Income REIT, Inc.