Common use of Enforceability of Loan Clause in Contracts

Enforceability of Loan. The Loan is not subject to any right of rescission, set-off, counterclaim or defense, including the defense of usury, nor will the operation of any of the terms of the Mortgage Note or the Mortgage, or the exercise of any right thereunder, render either the Mortgage Note or the Mortgage unenforceable, in whole or in part, or subject to any right of rescission, set-off, counterclaim or defense, including the defense of usury, as a result of any act, error or omission of Seller or of any other Person of which Seller is aware.

Appears in 4 contracts

Samples: Loan Purchase Agreement, Loan Purchase Agreement, Loan Purchase Agreement

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Enforceability of Loan. The Loan is not subject to any right of rescission, set-off, counterclaim or defense, including the defense of usury, nor will the operation of any of the terms of the Mortgage Note or the Mortgage, or the exercise of any right thereunder, render either the Mortgage Note or the Mortgage unenforceable, in whole or in part, or subject to any right of rescission, set-off, counterclaim or defense, including the defense thedefense of usury, as a result of any act, error or omission of Seller or of any other Person of which Seller is aware.

Appears in 2 contracts

Samples: Loan Purchase Agreement, Loan Purchase Agreement

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