Common use of Loan Charges Clause in Contracts

Loan Charges. Xxxxxx may charge Borrower fees for services performed in connection with Borrower’s default, for the purpose of protecting Xxxxxx’s interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys’ fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan 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 (whether or not a prepayment charge is provided for under the Note). Xxxxxxxx’s acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge.

Appears in 89 contracts

Samples: Mortgage, Deed of Trust, Mortgage

AutoNDA by SimpleDocs

Loan Charges. Xxxxxx If permitted under Applicable Law, Lender may charge Borrower fees for services performed in connection with BorrowerXxxxxxxx’s default, for the purpose of protecting Default to protect Xxxxxx’s interest in the Property and rights under this Security Instrument, including, but not limited to, : (i) reasonable attorneys’ fees and costs; (ii) property inspection, valuation, mediation, and loss mitigation fees, property inspection ; and valuation (iii) other related fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by If Applicable Law. If the Loan is subject to a law which Law sets maximum loan charges, and that law is finally interpreted so that the interest interest, if any, or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: then (ai) any such loan charge shall will be reduced by the amount necessary to reduce the charge to the permitted limit; , and (bii) 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 (whether or not a prepayment charge is provided for under the Note). To the extent permitted by Applicable Law, Xxxxxxxx’s acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge.

Appears in 23 contracts

Samples: Subordinate Deed of Trust, Subordinate Deed of Trust, Subordinate Mortgage

Loan Charges. Xxxxxx may charge Borrower fees for services performed in connection with Borrower’s Xxxxxxxx's default, for the purpose of protecting Xxxxxx’s 's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan 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 (whether or not a prepayment charge is provided for under the Note). Xxxxxxxx’s 's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge.

Appears in 5 contracts

Samples: Deed of Trust, Mortgage, Mortgage

Loan Charges. Xxxxxx may charge Borrower fees for services performed in connection with BorrowerXxxxxxxx’s default, for the purpose of protecting Xxxxxx’s interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys’ fees, and property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan 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 (whether or not a prepayment charge is provided for under the Note). Xxxxxxxx’s acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge.

Appears in 2 contracts

Samples: Deed of Trust, Deed of Trust

Loan Charges. Xxxxxx Lender may charge Borrower fees for services performed in connection with Borrower’s default, for the purpose of protecting XxxxxxLender’s interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys’ fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan 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 (whether or not a prepayment charge is provided for under the Note). XxxxxxxxBorrower’s acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge.

Appears in 2 contracts

Samples: Loan Agreement (Verigy Pte. Ltd.), Loan Agreement (Verigy Ltd.)

Loan Charges. Xxxxxx Lender may charge charge, as permitted by Applicable Law, Borrower fees for services performed in connection with Borrower’s default, for the purpose of protecting Xxxxxx’s interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys’ fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan 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 (whether or not a prepayment charge is provided for under the Note). Xxxxxxxx’s acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge.

Appears in 2 contracts

Samples: Deed of Trust, Deed of Trust

Loan Charges. Xxxxxx may charge Borrower fees for services performed in connection with Borrower’s default, for the purpose of protecting Xxxxxx’s interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys’ fees, property inspection inspection, and valuation fees. In regard to any other fees, the absence of express authority in fact that this Security Instrument does not expressly authorize Lender to charge a specific fee to Borrower shall should not be construed as interpreted to be a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan 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 will be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower me which exceeded permitted limits will be refunded to Borrowerme. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrowerme. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Xxxxxxxx’s My acceptance of any such refund made by direct payment to Borrower me will constitute a waiver of any right of action Borrower I might have arising out of such overcharge, unless Applicable Law expressly provides otherwise.

Appears in 2 contracts

Samples: Open End Mortgage, Mortgage

Loan Charges. Xxxxxx If permitted under Applicable Law, Lender may charge Borrower fees for services performed in connection with BorrowerXxxxxxxx’s default, for the purpose of protecting Default to protect Xxxxxx’s interest in the Property and rights under this Security Instrument, including, but not limited to, : (i) reasonable attorneys’ fees, fees and costs; (ii) property inspection and valuation valuation; and (iii) other related fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by If Applicable Law. If the Loan is subject to a law which Law sets maximum loan charges, and that law is finally interpreted so that the interest interest, if any, or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: then (ai) any such loan charge shall will be reduced by the amount necessary to reduce the charge to the permitted limit; , and (bii) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. If permitted by Applicable Law, 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 (whether or not a prepayment charge is provided for under the Note). To the extent permitted by Applicable Law, Xxxxxxxx’s acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge.

Appears in 1 contract

Samples: Subordinate Deed of Trust

AutoNDA by SimpleDocs

Loan Charges. Xxxxxx may charge Borrower fees for services performed in connection with Borrower’s default, for the purpose of protecting Xxxxxx’s interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys’ fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan 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 (whether or not a prepayment charge is provided for under the Note). To the extent permitted by Applicable Law, Xxxxxxxx’s acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge.

Appears in 1 contract

Samples: Deed of Trust

Loan Charges. Xxxxxx Mortgagee may charge Borrower Mortgagor fees for services performed in connection with BorrowerMxxxxxxxx’s default, for the purpose of protecting XxxxxxMortgagee’s interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys’ fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower Mortgagor shall not be construed as a prohibition on the charging of such fee. Lender Mortgagee may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan 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 Mortgagor which exceeded permitted limits will be refunded to BorrowerMortgagor. Lender Mortgagee may choose to make this refund by reducing the principal owed under the Note Homeowner Documents or by making a direct payment to BorrowerMortgagor. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the NoteHomeowner Documents). XxxxxxxxMxxxxxxxx’s acceptance of any such refund made by direct payment to Borrower Mortgagor will constitute a waiver of any right of action Borrower Mortgagor might have arising out of such overcharge.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Cityfunds I, LLC)

Loan Charges. Xxxxxx may Lendxx xxx charge Borrower fees for services performed in connection with Borrower’s defaultBorrxxxx'x xefault, for the purpose of protecting Xxxxxx’s interest Lendxx'x xnterest in the Property and rights under this Security Instrument, including, but not limited to, attorneys’ attorneys fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan 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: be (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 (whether or not a prepayment charge is provided for under the Note). Xxxxxxxx’s acceptance Borrxxxx'x xcceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge.

Appears in 1 contract

Samples: Deed of Trust (Alterra Healthcare Corp)

Loan Charges. Xxxxxx Lender may charge Borrower fees for services performed in connection with Borrower’s default, for the purpose of protecting Xxxxxx’s interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys’ fees, title insurance premiums and fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan 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 Xxxxxx may choose to make this refund by reducing the principal owed under the Note Loan Agreement 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 (whether or not a prepayment charge is provided for under the NoteLoan Agreement). Xxxxxxxx’s acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge.

Appears in 1 contract

Samples: Deed of Trust, Security Agreement and Fixture Filing

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!