Destruction of Note. In the event the Note is mutilated or destroyed by any cause whatsoever, or otherwise lost or stolen and regardless of whether due to the act or neglect of the Lender, the Borrower will execute and deliver to the Lender in substitution therefor a duplicate promissory note containing the same terms and conditions as the Note, within 10 days after the Lender notifies the Borrower of any such mutilation, destruction, loss or theft of the Note. Upon the Borrower's delivery of such duplicate promissory note, the Borrower will be relieved of all obligations under the original Note and will thereafter be bound solely by the provisions of such duplicate promissory note.
Destruction of Note. If the Note is mutilated or destroyed by any cause whatsoever, or otherwise lost or stolen and regardless of whether due to the act or neglect of Lender, Borrower will execute and deliver to Lender in substitution therefor a duplicate promissory note containing the same terms and conditions as the Note, within 10 days after Lender notifies Borrower of any such mutilation, destruction, loss or theft of the Note, which notification shall include a certification by Lender to Borrower that such mutilation, destruction, loss or theft of the Note, as applicable, has occurred. Upon Borrower’s delivery of a duplicate promissory note, Borrower will be relieved of all obligations under the original Note and will thereafter be bound solely by the provisions of the duplicate promissory note.
Destruction of Note. Mortgagor shall, if the Note is mutilated or destroyed by any cause whatsoever, or otherwise lost or stolen and regardless of whether due to the act or neglect of Mortgagee, execute and deliver to Mortgagee in substitution therefor a duplicate promissory note containing the same terms and conditions as the Note, within ten (10) days after Mortgagee notifies Mortgagor of any such mutilation, destruction, loss or theft of the Note. Any new promissory note executed and delivered hereunder shall be in full substitution for the Note, shall not constitute any new or additional indebtedness of Mortgagor to Mortgagee, shall constitute solely a substitute evidence of the Indebtedness evidenced by the original Note, and shall not affect in any manner the priority of this Mortgage, or any other document or instrument executed in connection with or evidencing or securing the Indebtedness under the Note. Failure or delay by Mortgagee to notify Mortgagor hereunder shall not affect in any manner Mortgagor's liability for the Indebtedness under the Note or Mortgagor's obligation to execute a new promissory note hereunder; and Mortgagor's failure to execute a new promissory note on Mortgagee's request hereunder shall likewise not affect Mortgagor's liability for the Indebtedness under the Note. Mortgagee shall pay all reasonable attorneys' fees incurred by Mortgagor to accommodate Mortgagee under this Section 7.15.
Destruction of Note. 55 Section 8.21
Destruction of Note. Trustor shall, if the Note is mutilated or destroyed by any cause whatsoever, or otherwise lost or stolen and regardless of whether due to the act or neglect of Beneficiary or Trustee, execute and deliver to Beneficiary in substitution therefor a duplicate promissory note containing the same terms and conditions as the Note, within ten (10) days after Beneficiary notifies Trustor of any such mutilation, destruction, loss or theft of the Note and confirms that it is a holder of the Note.
Destruction of Note. 62 Section 9.23. Cross Collateralization and Cross Default of Loan and Projects............62 Section 9.24. Attorneys' Fees...........................................................62 Section 9.25. Entire Agreement..........................................................63 Exhibit A CONDITIONS TO OBLIGATION OF THE LENDER TO MAKE THE LOAN..................................1
Destruction of Note. In the event the Note is mutilated or destroyed by any cause whatsoever, or otherwise lost or stolen and regardless of whether due to the act or neglect of the Lender, the Borrower will execute and deliver to the Lender in substitution therefor a duplicate promissory note containing the same terms and conditions as the Note, within 10 days after the Lender notifies the Borrower of any such mutilation, destruction, loss or theft of the Note. Upon the Borrower's delivery of such duplicate promissory note, the Borrower will be relieved of all obligations under the original Note and will thereafter be bound solely by the provisions of such duplicate promissory note. Notwithstanding anything contained herein to the contrary, provided Borrower shall have delivered such duplicate promissory note as required hereunder, Lender agrees to indemnify and hold harmless Borrower from any loss, claim or damage arising from the mutilation, destruction, loss or theft of the Note.
Destruction of Note. Upon receipt of evidence satisfactory to the Issuer of the loss, theft, destruction or mutilation of this Note and, in the case of any such loss, theft or destruction, upon receipt of indemnity or security reasonably satisfactory to the Issuer, or, in the case of any such mutilation, upon surrender and cancellation of this Note, the Issuer will make and deliver, in lieu of such lost, stolen, destroyed or mutilated Note, a new Note of like tenor and unpaid principal amount dated as of the date hereof. This Note shall be held and owned upon the express condition that the provisions of this Section 2.2 are exclusive with respect to the replacement of a mutilated, destroyed, lost or stolen Note and shall preclude any and all other rights and remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement of negotiable instruments or other securities without their surrender.
Destruction of Note. 63 Section 9.21 Cross-Collateralization of Loans................................63 Section 9.22 Entire Agreement................................................63 EXHIBIT A CONDITIONS TO OBLIGATION OF THE LENDER TO MAKE THE LOAN............A-1 EXHIBIT B PROJECT REQUIREMENTS...............................................B-1 EXHIBIT C PROJECT UNDERWRITING DOCUMENTS.....................................C-1 EXHIBIT D FORM OF PROJECT COMMITMENT.........................................D-1 EXHIBIT E FORM OF DRAW REQUEST CERTIFICATION.................................E-1 LOAN AGREEMENT THIS LOAN AGREEMENT (this "Loan Agreement") is made as of February 10, 2003 by and between BLUEGREEN VACATIONS UNLIMITED, INC., a Florida corporation (the "Borrower") and RESIDENTIAL FUNDING CORPORATION, a Delaware corporation (the "Lender").
Destruction of Note. Trustor shall, if the Note is mutilated or destroyed by any cause whatsoever, or otherwise lost or stolen and regardless of whether due to the act or neglect of Beneficiary or Trustee, execute and deliver to Beneficiary in substitution therefor a duplicate promissory note containing the same terms and conditions as the Note, within ten (10) days after Beneficiary notifies Trustor of any such mutilation, destruction, loss or theft of the Note. In such event, Beneficiary shall be responsible for any payments Trustor may be legally required to make to any holder of the original promissory note after Trustor has paid Beneficiary on a duplicate note, provided, however, that Trustor shall make no such payments on the original promissory note without Beneficiary's written consent and Trustor shall give Beneficiary written notice of any request that may be made of Trustor to make such payment(s) within thirty (30) days after Trustor has received any such request.
