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Common use of Application of Payments Clause in Contracts

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, 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 shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 54 contracts

Samples: Loan Agreement, Multifamily Note, Multifamily Note

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, 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 shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 27 contracts

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

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, 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 shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 25 contracts

Samples: Multifamily Note (Angeles Income Properties LTD 6), Multifamily Note (Shelter Properties Ii LTD Partnership), Credit Agreement (Essex Property 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, Lender may apply the amount received that payment 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 shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 19 contracts

Samples: Memorandum of Understanding, Multifamily Note (Davidson Income Real Estate Lp), Discount MBS Multifamily Note (Douglas Emmett 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, Lender may apply the amount received that payment 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 shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 7 contracts

Samples: Multifamily Note, Purchase Money Note (Steadfast Income REIT, Inc.), Fixed Rate Multifamily Note (NNN Apartment 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, Lender may apply the amount received that payment to amounts then due and payable in any manner and in any order determined by XxxxxxLender, in Xxxxxx's Lender’s discretion. Xxxxxxxx Borrower agrees that neither Xxxxxx's Lender’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 shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 7 contracts

Samples: Lender Acquisition Agreement (Sylios Corp), Master Credit Facility Agreement (Archstone Inc.), Letter Agreement (Tarragon Corp)

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which that is less than all amounts due and payable at such time, Lender may apply the amount received that payment to amounts then due and payable in any manner and in any order determined by XxxxxxLender, in Xxxxxx's Lender’s discretion. Xxxxxxxx Borrower agrees that neither Xxxxxx's Lender’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 shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 6 contracts

Samples: Master Credit Facility Agreement (Colonial Properties Trust), Master Credit Facility Agreement (Archstone Smith Operating Trust), Master Credit Facility Agreement (Bre Properties Inc /Md/)

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, Lender may apply the amount received that payment 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 shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 4 contracts

Samples: Consolidation, Modification and Extension Agreement, Assignment of Leases and Rents and Security Agreement (Clipper Realty Inc.), Multifamily Note (American Community Properties Trust), Lender Acquisition Agreement (Adventure Energy, 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, Lender may apply the amount received that payment 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 shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 4 contracts

Samples: Mortgage Note (Clipper Realty Inc.), Mortgage Note (American Realty Capital New York Recovery Reit Inc), Multifamily Note (Bluerock Enhanced Multifamily 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, Lender may apply the amount received that payment to amounts then due and payable under this Note 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 shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 3 contracts

Samples: Multifamily Note, Multifamily Note, Multifamily Note

Application of Payments. If at any time a 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 that payment 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 shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 2 contracts

Samples: Permanent Loan Agreement, Permanent Loan 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, Lender may apply the amount received to amounts then due and payable in any manner and in any order determined by XxxxxxLxxxxx, in Xxxxxx's Lxxxxx’s discretion. Xxxxxxxx Bxxxxxxx agrees that neither Xxxxxx's Lxxxxx’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 shall 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 (Post Properties Inc), Multifamily Note (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, 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 sole 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 shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 1 contract

Samples: Secured Promissory Note (National Tax Credit Investors Ii)

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, Lender may apply the amount received that payment 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 Xxxxxx's xxxxxxr Lenxxx'x acceptance of a payment xxxxxxx from Borrower in an amount xxxxxx that is less than all amounts then due and payable nor Lender's application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 1 contract

Samples: Multifamily Note (Secured Investment Resources Fund Lp Iii)

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, 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 mounts then due and payable nor Lender's application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 1 contract

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

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, Lender may apply the amount received that payment to amounts then due and payable in any manner and in any order determined by Xxxxxx, in Xxxxxx's discretion. Xxxxxxxx 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 shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 1 contract

Samples: Mortgage Note (American Realty Capital New York Recovery 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, Lender may apply the amount received that payment 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 Xxxxxxxxxx xeithex Xxxxer's acceptance of a payment xx x xxyment from Borrower Borrower, xx xxx party making up Borrower, in an amount that is less than all amounts then due and payable nor Lender's application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 1 contract

Samples: Loan Agreement (Krupp Realty LTD Partnership Vii)

Application of Payments. If at any time Lender receives, from Borrower Maker or otherwise, any amount applicable to the Indebtedness which that 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 Maker agrees that neither Xxxxxx's ’s acceptance of a payment from Borrower Maker in an amount that is less than all amounts then due and payable nor Lender's ’s application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 1 contract

Samples: Commercial Promissory Note (Landa App LLC)

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, Lender may apply the amount received that payment 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 shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.. Form 4100-PIO Mltifamily Interest Only Fixed Note Bellevue Manor

Appears in 1 contract

Samples: Multifamily Note (Emeritus Corp\wa\)

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which that is less than all amounts due and payable at such time, Lender may apply the amount received that payment 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 shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 1 contract

Samples: Variable Facility Note (Sun 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, Lender may apply the amount received that payment 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 xx xxss thxx xxx amounts then due and payable dux xxx xxyable nor Lender's application apxxxxxxion of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 1 contract

Samples: Multifamily Note (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, Lender may apply the amount received that.payment 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 shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 1 contract

Samples: Multifamily Note (American Community Properties 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, Lender may apply the amount received that payment to amounts then due and payable in any manner and in any order determined by XxxxxxLender, in XxxxxxLender's discretion. Xxxxxxxx agrees Xxxxxwer axxxxx that neither Xxxxxx's acceptance Lexxxx'x xcceptance of a payment from paymenx xxxx Borrower in an amount that is less than all amounts then due and payable nor Lender's application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 1 contract

Samples: Loan Agreement (Krupp Realty LTD Partnership V)