Common use of EVASION OF PREPAYMENT PREMIUM Clause in Contracts

EVASION OF PREPAYMENT PREMIUM. Maker acknowledges that in the event of an acceleration of payment of this Note following an Event of Default by Maker, a tender of payment of an amount necessary to satisfy the indebtedness evidenced hereby, but not including the Prepayment Premium, made at any time prior to a foreclosure sale by Maker, its successors or assigns or by anyone on behalf of Maker, or by a buyer upon foreclosure or power of sale, shall constitute a prepayment hereunder and shall be presumed to be and conclusively deemed to constitute a deliberate evasion of the prepayment provisions hereof and shall therefore be subject to the Prepayment Premium in accordance with this Note with the date of prepayment being deemed the date of occurrence of the foreclosure sale or the tender of payment of the amount necessary to pay the entire indebtedness evidenced hereby in full, including the Prepayment Premium.

Appears in 11 contracts

Samples: Deed of Trust Note (Inland Western Retail Real Estate Trust Inc), Deed of Trust Note (Inland Western Retail Real Estate Trust Inc), Mortgage Note (Inland Western Retail Real Estate Trust Inc)

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EVASION OF PREPAYMENT PREMIUM. Maker acknowledges that in the event of an acceleration of payment of this Note following an Event of Default by Maker, a tender of payment of an amount necessary to satisfy the indebtedness evidenced hereby, but not including the Prepayment Premium, made at any time prior to a foreclosure foreclosure, trustee's or power of sale by Maker, its successors or assigns or by anyone on behalf of Maker, or by a buyer upon foreclosure foreclosure, trustee's or power of sale, shall constitute a prepayment hereunder and shall be presumed to be and conclusively deemed to constitute a deliberate evasion of the prepayment provisions hereof and shall therefore be subject to the Prepayment Premium in accordance with this Note with the date of prepayment being deemed the date of occurrence of the foreclosure sale or the tender of payment of the amount necessary to pay the entire indebtedness evidenced hereby in full, including the Prepayment Premium.

Appears in 4 contracts

Samples: Mortgage Note (Inland Western Retail Real Estate Trust Inc), Mortgage Note (Inland Western Retail Real Estate Trust Inc), Mortgage Note (Inland Western Retail Real Estate Trust Inc)

EVASION OF PREPAYMENT PREMIUM. Maker acknowledges that in the event of an acceleration of payment of this Note following an Event of Default by Maker, a tender of payment of an amount necessary to satisfy the entire indebtedness evidenced hereby, but not including the Prepayment Premium, made at any time prior to a foreclosure sale by MakerMaker or Guarantor, its or their respective successors or assigns or by anyone on behalf of Maker, or by a buyer upon foreclosure or power of sale, shall constitute a prepayment hereunder and shall be presumed to be and conclusively deemed to constitute a deliberate evasion of the prepayment provisions hereof and shall therefore be subject to the Prepayment Premium in accordance with this Note with the date of prepayment being deemed the date of occurrence of the foreclosure sale or the tender of payment of the amount necessary to pay the entire indebtedness evidenced hereby in full, including the Prepayment Premium.

Appears in 2 contracts

Samples: Mortgage Note (Inland Western Retail Real Estate Trust Inc), Mortgage Note (Inland Western Retail Real Estate Trust Inc)

EVASION OF PREPAYMENT PREMIUM. Maker acknowledges that in the event of an acceleration of payment of this Note following an Event of Default by Maker, a tender of payment of an amount necessary to satisfy the entire indebtedness evidenced hereby, but not including the Prepayment Premium, made at any time prior to a foreclosure sale by MakerMaker or Guarantor, its their respective successors or assigns or by anyone on behalf of Maker, or by a buyer upon foreclosure or power of sale, shall constitute a prepayment hereunder and shall be presumed to be and conclusively deemed to constitute a deliberate evasion of the prepayment provisions hereof and shall therefore be subject to the Prepayment Premium in accordance with this Note with the date of prepayment being deemed the date of occurrence of the foreclosure sale or the tender of payment of the amount necessary to pay the entire indebtedness evidenced hereby in full, including the Prepayment Premium.

Appears in 2 contracts

Samples: Mortgage Note (Inland Western Retail Real Estate Trust Inc), Mortgage Note (Inland Western Retail Real Estate Trust Inc)

EVASION OF PREPAYMENT PREMIUM. Maker acknowledges that in the event of an acceleration of payment of this Note following an Event of Default by Maker, a tender of payment of an amount necessary to satisfy the indebtedness evidenced hereby, but not including the Prepayment Premium, made at any time prior to a foreclosure foreclosure, trustee’s or power of sale by Maker, its successors or assigns or by anyone on behalf of Maker, or by a buyer upon foreclosure foreclosure, trustee’s or power of sale, shall constitute a prepayment hereunder and shall be presumed to be and conclusively deemed to constitute a deliberate evasion of the prepayment provisions hereof and shall therefore be subject to the Prepayment Premium in accordance with this Note with the date of prepayment being deemed the date of occurrence of the foreclosure sale or the tender of payment of the amount necessary to pay the entire indebtedness evidenced hereby in full, including the Prepayment Premium.

Appears in 1 contract

Samples: Mortgage Note (Inland Western Retail Real Estate Trust Inc)

EVASION OF PREPAYMENT PREMIUM. Maker acknowledges that in the event of an acceleration of payment of this Note following an Event of Default by Maker, a tender of payment of an amount necessary to satisfy the entire indebtedness evidenced hereby, but not including the Prepayment Premium, made at any time prior to a foreclosure sale by Maker, its successors or assigns or by anyone on behalf of Maker, or by a buyer upon foreclosure or power of trustee’s sale, shall constitute a prepayment hereunder and shall be presumed to be and conclusively deemed to constitute a deliberate evasion of the prepayment provisions hereof and shall constitute a prepayment hereunder and shall therefore be subject to the Prepayment Premium as calculated in accordance with this Note with the date of prepayment being deemed the date of occurrence of the foreclosure sale or the tender of payment of the amount necessary to pay the entire indebtedness evidenced hereby in full, including the Prepayment Premium.

Appears in 1 contract

Samples: Mortgage Note (RBC Life Sciences, Inc.)

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EVASION OF PREPAYMENT PREMIUM. Maker acknowledges that in the event of an acceleration of payment of this Note following during the continuance of an Event of Default by Maker, a tender of payment of an amount necessary to satisfy the entire indebtedness evidenced hereby, but not including the Prepayment Premium, made at any time prior to a foreclosure sale by Maker, its successors or assigns or by anyone on behalf of Maker, or by a buyer upon foreclosure or power of sale, shall constitute a prepayment hereunder and shall be presumed to be and conclusively deemed to constitute a deliberate evasion of the prepayment provisions hereof and shall constitute a prepayment hereunder and shall therefore be subject to the Prepayment Premium as calculated in accordance with this Note with the date of prepayment being deemed the date of occurrence of the foreclosure sale or the tender of payment of the amount necessary to pay the entire indebtedness evidenced hereby in full, including the Prepayment Premium.

Appears in 1 contract

Samples: Loan Agreement (GTJ REIT, Inc.)

EVASION OF PREPAYMENT PREMIUM. Maker acknowledges that in the event of an acceleration of payment of this Note following an Event of Default by Maker, a tender of OF payment of an amount necessary to satisfy the entire indebtedness evidenced hereby, but not including the Prepayment Premium, made at any time prior to a foreclosure sale by MakerMaker or Guarantor, its or their respective successors or assigns or by anyone on behalf of Maker, or by a buyer upon foreclosure or power of sale, shall constitute a prepayment hereunder and shall be presumed to be and conclusively deemed to constitute a deliberate evasion of the prepayment provisions hereof and shall therefore be subject to the Prepayment Premium in accordance with this Note with the date of prepayment being deemed the date of occurrence of the foreclosure sale or the tender of payment of the amount necessary to pay the entire indebtedness evidenced hereby in full, including the Prepayment Premium.

Appears in 1 contract

Samples: Mortgage Note (Inland Western Retail Real Estate Trust Inc)

EVASION OF PREPAYMENT PREMIUM. Maker acknowledges that in the event of an acceleration of payment of this Note following an Event of Default by Maker, a tender of payment of an amount necessary to satisfy the entire indebtedness evidenced hereby, but not including the Prepayment Premium, made at any time prior to a foreclosure sale by Maker, its successors or assigns or by anyone on behalf of Maker, or by a buyer upon foreclosure or power of sale, shall constitute a prepayment hereunder and shall be presumed to be and conclusively deemed to constitute a deliberate evasion of the prepayment provisions hereof and shall therefore be subject to the Prepayment Premium in accordance with this Note with the date of prepayment being deemed the date of occurrence of the foreclosure sale or the tender of payment of the amount necessary to pay the entire indebtedness evidenced hereby in full, including the Prepayment Premium.

Appears in 1 contract

Samples: Mortgage Note (Inland American Real Estate Trust, Inc.)

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