Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note.
Appears in 6 contracts
Samples: Deed of Trust, Mortgage (Shepherd's Finance, LLC), Mortgage (Shepherd's Finance, LLC)
Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the exceeds permitted limits, then: (a1) any such loan charge charges shall be reduced by the amount necessary to reduce the charge to the permitted limitlimits; and (b2) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note.. In Witness Whereof, Borrower has executed this Adjustable Rate Rider. Date: November , 2008 (Seal)
Appears in 2 contracts
Samples: Participation Loan Pool Agreement, Participation Loan Pool Agreement
Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: :
(a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note.
Appears in 2 contracts
Samples: Mortgage (Emachines Inc /De/), Funding Agreement (Energy Producers Inc)
Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: then (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note.
Appears in 1 contract
Samples: Mortgage
Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded exceeded, permitted limits will be refunded to Borrower. Lender Bank may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge charged under the Note.
Appears in 1 contract
Samples: Residential Mortgage
Loan Charges. If the loan Loan secured by this Security Instrument is subject to a law which sets maximum loan charges, Loan charges and that law is finally interpreted so that the interest or other loan Loan charges collected or to be collected in connection with the loan Loan exceed the permitted limits, then: (a) any such loan Loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower BORROWER which exceeded permitted limits will be refunded to BorrowerBORROWER. Lender LENDER may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to BorrowerBORROWER. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note.
Appears in 1 contract
Samples: Loan Agreement
Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; limits and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. , Lender may my choose to make this refund by reducing the principal owed under the Note or Note, if permitted by law. Or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note.
Appears in 1 contract
Samples: Mortgage Agreement (Pinecrest Investment Group Inc)
Loan Charges. If the loan Loan secured by this Security Instrument is subject to a law which sets maximum loan charges, Loan charges and that law is finally interpreted so that the interest or other loan Loan charges collected or to be collected in connection with the loan Loan exceed the permitted limits, then: (a) any such loan Loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note.
Appears in 1 contract
Samples: Loan Agreement
Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be promptly refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note.
Appears in 1 contract
Samples: Subrecipient Agreement
Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, . the reduction will be treated as a partial prepayment without any prepayment charge charges under the Note.
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