LENDER'S EXPENDITURES. If (i) any action or proceeding is commenced or any lien or claim of lien is asserted that could materially affect Lender's interest in any of the Collateral, or (ii) Borrower fails to comply with any provision of this Agreement or any Related Document, including, but not limited to, Borrower's failure to discharge or pay when due any amounts Borrower is required to discharge or pay under this Agreement or any Related Document, then Lender on Borrower's behalf may (but shall not be obligated to) take any action that Lender reasonably deems appropriate, including, but not limited to, discharging or paying all taxes, liens, claims of lien, security interests, encumbrances, and other claims at any time levied or placed on any Collateral and paying all costs for insuring, maintaining, and preserving any Collateral. All such reasonable expenses actually incurred or paid by Lender will (i) be considered expenses incurred for the preservation of the Collateral, (iii) become part of the Indebtedness, (iii) bear interest at the rate charged under the Note from and including the date incurred or paid by Lender to the date of repayment by Borrower, and (iv) be secured by the Security Instruments. All such expenses incurred or paid by Lender will, at Lender's option, (i) be payable on demand, (ii) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due over the remaining term of the Note, or (iii) be added to the balance of the Note and be treated as a balloon payment which will be due and payable at the Note's maturity.
Appears in 1 contract
Samples: Business/Commercial Loan Agreement (Investors Title Co)
LENDER'S EXPENDITURES. If (i) any action or proceeding is commenced or any lien or claim of lien is asserted that could materially affect Lender's ’s interest in any of the Collateral, or (ii) Borrower fails to comply with any provision of this Agreement or any Related Document, including, but not limited to, Borrower's ’s failure to discharge or pay when due any amounts Borrower is required to discharge or pay under this Agreement or any Related Document, then Lender on Borrower's ’s behalf may (but shall not be obligated to) take any action that Lender reasonably deems appropriate, including, but not limited to, discharging or paying all taxes, liens, claims of lien, security interests, encumbrances, and other claims at any time levied or placed on any Collateral and paying all costs for insuring, maintaining, and preserving any Collateral. All such reasonable expenses actually incurred or paid by Lender will (i) be considered expenses incurred for the preservation of the Collateral, (iii) become part of the Indebtedness, (iii) bear interest at the rate charged under the Note from and including the date incurred or paid by Lender to the date of repayment by Borrower, and (iv) be secured by the Security Instruments. All such expenses incurred or paid by Lender will, at Lender's ’s option, (i) be payable on demand, (ii) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due over the remaining term of the Note, or (iii) be added to the balance of the Note and be treated as a balloon payment which will be due and payable at the Note's ’s maturity.
Appears in 1 contract
Samples: Commercial Loan Agreement (Ballantyne Strong, Inc.)
LENDER'S EXPENDITURES. If (i) any action or proceeding is commenced or any lien or claim of lien is asserted that could materially affect Lender's interest in any of the Collateral, or (ii) Borrower fails to comply with any provision of this Agreement or any Related Document, including, but not limited to, Borrower's failure to discharge or pay when due any amounts Borrower is required to discharge or pay All expenditures made by Lender under this Agreement or any Related Document, then Lender on Borrower's behalf may (but shall not be obligated to) take any action that Lender reasonably deems appropriate, including, but not limited to, discharging or paying all taxes, liens, claims will become a part of lien, security interests, encumbrances, and other claims at any time levied or placed on any Collateral and paying all costs for insuring, maintaining, and preserving any Collateralthe Indebtedness secured by this Agreement. All such reasonable expenses actually incurred or paid by Lender for such purposes will (i) be considered expenses incurred for the preservation of the Collateral, (iii) become part of the Indebtedness, (iii) then bear interest at the rate charged under the Note from and including the date incurred or paid by Lender to the date of repayment by Borrower, and (iv) be secured by the Security Instrumentsme. All such expenses incurred or paid by Lender willexpenses, at Lender's option, will (ia) be payable on demand, (iib) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due over during either (i) the term of any applicable insurance policy or (ii) the remaining term of the Note, or (iiic) be added to the balance of the Note and be treated as a balloon payment which will be due and payable at the Note's maturity. This Agreement also will secure payment of these amounts. LIMITATIONS ON OBLIGATIONS OF LENDER. Lender will use ordinary reasonable care in the physical preservation and custody of the Property in Lender's possession, but will have no other obligation to protect the Property or its value. Lender will not be responsible for (a) collecting or protecting any Income from the Property; (b) preserving rights against parties to the Property or against third persons; (c) ascertaining any maturities, calls, conversions, exchanges, offers, tenders, or similar matters relating to any of the Property; or (d) informing me about any of these matters, whether or not Lender has or is deemed to have knowledge of such matters. Except as provided above, Lender will have no responsibility or liability whatsoever for any deterioration or decrease in the value of the Property.
Appears in 1 contract
Samples: Consumer Pledge and Security Agreement (Sanfilippo Jasper B)
LENDER'S EXPENDITURES. If I fail (iA) any action or proceeding is commenced or any lien or claim to keep the Property free of lien is asserted that could materially affect Lender's interest in any of the Collateral, or (ii) Borrower fails to comply with any provision of this Agreement or any Related Document, including, but not limited to, Borrower's failure to discharge or pay when due any amounts Borrower is required to discharge or pay under this Agreement or any Related Document, then Lender on Borrower's behalf may (but shall not be obligated to) take any action that Lender reasonably deems appropriate, including, but not limited to, discharging or paying all taxes, liens, claims of lien, security interests, encumbrances, and other claims at claims, (B) to provide any time levied required insurance on the Property, or placed (C) to make repairs to the Property then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on my behalf may, but is not required to, take any Collateral and paying all costs for insuring, maintaining, and preserving any Collateralaction that Lender believes to be appropriate to protect Lender's interests. All such reasonable expenses actually incurred or paid by Lender for such purposes will (i) be considered expenses incurred for the preservation of the Collateral, (iii) become part of the Indebtedness, (iii) then bear interest at the rate charged under the Note from and including the date incurred or paid by Lender to the date of repayment by Borrower, and (iv) be secured by the Security Instrumentsme. All such expenses incurred or paid by Lender willwill become a part of the Indebtedness and, at Lender's option, will (iA) be payable on demand, ; (iiB) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due over during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note, ; or (iiiC) be added to the balance of the Note and be treated as a balloon payment which will be due and payable at the Note's maturity.. The Agreement also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. LIMITATIONS ON OBLIGATIONS OF LENDER. Lender will use ordinary reasonable care in the physical preservation and custody of the Property in Lender's possession, but will have no other obligation to protect the Property or its value. Lender will not be responsible for CONSUMER PLEDGE AGREEMENT (CONTINUED) PAGE 3 ================================================================================
Appears in 1 contract
Samples: Consumer Pledge Agreement (Irwin Financial Corporation)