EXCEPTIONS TO EXCULPATION. Notwithstanding the provisions of Article 15.1 to the contrary, Borrower and Indemnitor shall be personally liable to Lender on a joint and several basis for the Losses Lender incurs due to: (a) fraud or intentional misrepresentation by Borrower or any other person or entity in connection with the execution and the delivery of the Note, this Security Instrument or the Other Security Documents; (
EXCEPTIONS TO EXCULPATION. Notwithstanding the provisions of this Article to the contrary, Borrower shall be personally liable to Lender for the Losses it incurs due to: (i) fraud or intentional, material misrepresentation by Borrower, SCOLP, or any of their agents, principals, officers or employees, (ii) Borrower’s misapplication or misappropriation of insurance proceeds, condemnation awards, or tenant security deposits, if, and to the extent Borrower or its agents have the right and ability to control the disbursement of such proceeds, awards or deposit; (iii) Rents received by Borrower after the occurrence of an Event of Default, provided that such Rents (y) are not applied towards either the Monthly Payment or the ordinary and necessary operating expenses of the Property and Borrower has provided Lender with evidence of same in a form acceptable to Lender, or (z) are paid to Lender, (iv) so long as Borrower has possession and control of the Property, Borrower’s failure to pay (except to the extent that sums sufficient to pay such amounts have been deposited in escrow with Lender pursuant to the terms of this Security Instrument) Taxes or other liens with priority over Lender’s lien on the Property or other liens established under the Loan Documents, to the extent funds are available from the operation of the Property for such purpose, or from escrow deposits made to Lender for such purpose (regardless of whether Lender uses such funds to pay such Taxes or other liens), (v) damage to the Property arising from (y) the intentional misconduct or gross negligence of Borrower, SCOLP, or any of their principals, officers, agents or employees, or (z) any removal of the Property in violation of the Loan Documents, (vi) Borrower’s or any other Indemnitor’s failure to comply with the provisions of the Environmental Indemnity; (vii) the nonpayment of any documentary stamp tax or intangible tax due on the Assigned Note, the Assigned Mortgage, the Note or this Security Instrument.
EXCEPTIONS TO EXCULPATION. Notwithstanding the provisions of this Article to the contrary, Borrower shall be personally liable to Lender for the Losses it incurs due to: (i) fraud or intentional misrepresentation by Borrower, its agents or principals; (
EXCEPTIONS TO EXCULPATION. 52 Section 15.4 Recourse. . . . . . . . . . . . . . . . . 53 Section 15.5
EXCEPTIONS TO EXCULPATION. 49 Section 15.4 Recourse....................................................................49
EXCEPTIONS TO EXCULPATION. 33 13.4 RECOURSE.........................................................33 13.5
EXCEPTIONS TO EXCULPATION. Notwithstanding the provisions of this Article 15 to the contrary, Borrower shall be personally liable to Lender for the Losses it incurs due to: (i) fraud or material misrepresentation by Borrower or any other person or entity in connection with the execution and the delivery of the Note, this Security Instrument or the Other Security Documents; (ii) Borrower's gross negligence or willful misconduct with respect to the management and operation of the Property and/or Borrower's financial affairs; (iii) Borrower's removal or disposal of any Personal Property after an Event of Default; (iv) Borrower's failure to pay Taxes, Insurance Premiums, Other Charges (except to the extent that sums sufficient to pay such amounts have been deposited with Lender pursuant to the terms of this Security Instrument and/or the Lockbox Agreement), charges for labor or materials or other charges that can create liens on the Property; (v) Borrower or Guarantor or any party acting at the behest of Borrower or Guarantor challenges the validity or enforceability of the Note, this Security Instrument or Other Security Documents and/or Borrower or Guarantor or any party acting at the behest of Borrower or Guarantor asserts defenses (other than (A) the defense of payment in full of the Obligations, provided that no other Event of Default has occurred and is continuing, or (B) a defense made in good faith as to the improper exercise of Lender's remedies under the Note, this Security Instrument or the Other Security Documents, provided that no Event of Default has occurred and is continuing at the time of Lender's exercise of such remedies) to the validity or enforceability of the Note, this Security Instrument or Other Security Documents, in each case solely for the purpose of delaying, hindering or impairing Lender's rights and remedies under the Note, this Security Instrument or Other Security Documents;
EXCEPTIONS TO EXCULPATION. Notwithstanding the provisions of Article 15.1 to the contrary, Grantor and Indemnitor shall be personally liable to Beneficiary on a joint and several basis for the Losses Beneficiary incurs due to: (a) fraud or intentional misrepresentation by Grantor or any other person or entity in connection with the execution and the delivery of the Guaranty, this Security Instrument or the Other Security Documents; (
EXCEPTIONS TO EXCULPATION. Notwithstanding the ------------------------- provisions of this Section 9.4 to the contrary, Borrower shall be personally ----------- liable to Lender for the losses it incurs due to: (i) fraud or intentional misrepresentation by Borrower in connection with the Loan; (
EXCEPTIONS TO EXCULPATION. Notwithstanding section 4.13(a), each Borrower and Guarantor (but excluding other affiliates, members, partners, officers, directors
