Common use of Borrower’s Performance Clause in Contracts

Borrower’s Performance. If Borrower should fail to comply with any of the agreements, covenants or obligations of Borrower under this Agreement or any other Loan Document, then Lender (in Borrower's name or in its own name) may, but is under no obligation to, perform them or cause them to be performed for the account of the Borrower at Borrower's sole expense. Any and all expenses thus incurred or paid by Lender shall be Borrower's demand obligations to Lender and shall bear interest, from the date of Lender's payment of any such obligation or expense for Borrower's account until the date on which Borrower repays it to Lender, at the default rate of interest set forth herein. Upon making any such payment or incurring any such expense, Lender shall be fully subrogated to all of the rights of the person or entity receiving such payment. Any amounts owing by Borrower to Lender pursuant to this provision or any other provision of this Agreement shall automatically and without notice constitute a portion of the Obligations evidenced by the Note secured by the Deed of Trust and the other Loan Documents. The amount and nature of any such expense and the time when paid shall be fully established by the affidavit of Lender or any of the Lender's officers or agents.

Borrower’s Performance. If Borrower should fail to comply with any of the agreements, covenants or obligations of Borrower under this Agreement or any other Loan Credit Document, then Lender (in Borrower's ’s name or in its own name) may, but is under no obligation toupon five Business Days written notice to Borrower, perform them or cause them to be performed for the account of the Borrower and at Borrower's ’s sole expense, but shall not be obligated to do so. Any and all expenses thus incurred or paid by the Lender shall be Borrower's ’s demand obligations to the Lender and shall bear interest, interest from the date of the Lender's ’s payment of any such obligation or expense for Borrower's ’s account until the date on which that Borrower repays it to Lender, the Lender at the default rate of interest set forth hereinPast Due Rate. Upon making any such payment or incurring any such expense, the Lender shall be fully subrogated to all of the rights of the person or entity Person receiving such payment. Any amounts owing by Borrower to the Lender pursuant to this provision or any other provision of this Agreement shall automatically and without notice constitute be and become a portion part of the Obligations evidenced by the Note Debt and be secured by the Deed of Trust and the other Loan Credit Documents. The amount and nature of any such expense and the time when paid shall be fully established by the affidavit of Lender or any of the Lender's ’s officers or agents.

Borrower’s Performance. If Borrower should fail to comply with any of the agreements, covenants or obligations of the Borrower under this Agreement or any other Loan Document, then Lender (in Borrower's ’s name or in its own name) may, but is under no obligation to, perform them or cause them to be performed for the account of the Borrower at Borrower's ’s sole expense. Any and all expenses thus incurred or paid by Lender shall be Borrower's ’s demand obligations to Lender and shall bear interest, from the date of Lender's ’s payment of any such obligation or expense for Borrower's ’s account until the date on which Borrower repays it to Lender, at the default rate of interest set forth hereinin the Note. Upon making any such payment or incurring any such expense, Lender shall be fully subrogated to all of the rights of the person or entity receiving such payment. Any amounts owing by Borrower to Lender pursuant to this provision or any other provision of this Agreement shall automatically and without notice constitute a portion of the Obligations evidenced by the Note secured by the Deed of Trust and the other Loan Documents, and guaranteed by the Guarantors under the Guaranty. The amount and nature of any such expense and the time when paid shall be fully established by the affidavit of Lender or any of the Lender's ’s officers or agents.

Borrower’s Performance. If Borrower should fail to comply with any of the agreements, covenants or obligations of the Borrower under this Agreement or any other Loan Document, then Lender (in Borrower's ’s name or in its own name) may, but is under no obligation to, perform them or cause them to be performed for the account of the Borrower at Borrower's ’s sole expense. Any and all expenses thus incurred or paid by Lender shall be Borrower's ’s demand obligations to Lender and shall bear interest, from the date of Lender's ’s payment of any such obligation or expense for Borrower's ’s account until the date on which Borrower repays it to Lender, at the default rate of interest set forth hereinin the Note. Upon making any such payment or incurring any such expense, Lender shall be fully subrogated to all of the rights of the person or entity receiving such payment. Any amounts owing by Borrower to Lender pursuant to this provision or any other provision of this Agreement shall automatically and without notice constitute a portion of the Obligations evidenced by the Note secured by the Deed of Trust to Secure and the other Loan Documents, and guaranteed by the Guarantors under the Guaranty. The amount and nature of any such expense and the time when paid shall be fully established by the affidavit of Lender or any of the Lender's ’s officers or agents.

Borrower’s Performance. If Borrower should fail to comply with any of the agreements, covenants or obligations of the Borrower under this Agreement or any other Loan Document, then Lender (in Borrower's ’s name or in its own name) may, but is under no obligation to, perform them or cause them to be performed for the account of the Borrower at Borrower's ’s sole expense. , Any and all expenses thus incurred or paid by Lender shall be Borrower's ’s demand obligations to Lender and shall bear interest, from the date of Lender's ’s payment of any such obligation or expense for Borrower's ’s account until the date on which Borrower repays it to Lender, at the default rate of interest set forth hereinin the Note. Upon making any such payment or incurring any such expense, Lender shall be fully subrogated to all of the rights of the person or entity receiving such payment. Any amounts owing by Borrower to Lender pursuant to this provision or any other provision of this Agreement shall automatically and without notice constitute a portion of the Obligations evidenced by the Note secured by the Deed of Trust and the other Loan Documents. The amount and nature of any such expense and the time when paid shall be fully established by the affidavit of Lender or any of the Lender's ’s officers or agents.