Loan Charges. Borrower and Xxxxxx intend at all times to comply with the law of the State of Texas governing the maximum amount of interest payable on or in connection with this Note and the Indebtedness (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under this Note or under any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or as a result of acceleration of the maturity of this Note, or if any Prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will be applied to reduce the unpaid Principal balance of this Note (or, if this Note has been or would thereby be paid in full, will be refunded to Borrower), and the provisions of this Note, the Loan Agreement and any other Loan Documents immediately will be deemed reformed and the amounts thereafter collectible under this Note or any other Loan Document reduced, without the necessity of the execution of any new documents, so as to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under this Note or any other Loan Document. The right to accelerate the Maturity Date of this Note does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Xxxxxx does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness will, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in this Note, the Loan Agreement or any other Loan Document that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of this Note, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will not exceed the amount calculated on a simple (i.e., non-compounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Loan Agreement or other Loan Documents (such as for the payment of Taxes, Insurance premiums and similar expenses or costs). Utah None Vermont None Virginia None Washington NOTICE: ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FOREBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. West Virginia None Wisconsin If any Borrower is an individual, complete the below, selecting the applicable provision. Repeat as necessary for multiple individual Borrowers. XXXXXXX PURPOSE STATEMENT The undersigned acknowledges and agrees that the obligations incurred by him or her under this Note are incurred in the interest of his or her marriage or family, whether existing now or in the future. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned has delivered to Lender a Marital Property Agreement affirmatively electing to “opt out” of the Wisconsin Marital Property Act in accordance with Wisconsin Statutes Chapter 766. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned affirms that he/she does not reside in Wisconsin. Sign Name: _______________________________ Print Name: _______________________________ Wyoming None
Appears in 5 contracts
Samples: mf.freddiemac.com, mf.freddiemac.com, mf.freddiemac.com
Loan Charges. Borrower and Xxxxxx Lender intend at all times to comply with the law laws of the State of Texas governing the maximum rate or amount of interest payable on or in connection with this Note and the Indebtedness (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under the Note, this Note Instrument or under any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or as a result of if acceleration of the maturity of this Notethe Indebtedness, or if any Prepayment prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will shall be applied to reduce the unpaid Principal principal balance of this Note the Indebtedness (or, if this Note the Indebtedness has been or would thereby be paid in full, will shall be refunded to Borrower), and the provisions of this the Note, this Instrument and the Loan Agreement and any other Loan Documents immediately will shall be deemed reformed and the amounts thereafter collectible under this Note or any other the Loan Document Documents reduced, without the necessity of the execution of any new documents, so as to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under this Note or any other the Loan DocumentDocuments. The right to accelerate the Maturity Date maturity of this Note the Indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Xxxxxx Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness willshall, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in this the Note, the Loan Agreement this Instrument or any other Loan Document that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of this Notethe Indebtedness, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will shall not exceed the amount calculated on a simple (i.e., non-compoundednoncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Loan Agreement Instrument or any other Loan Documents Document (such as for the payment of Taxes, Insurance premiums Impositions and similar expenses or costs). Utah None Vermont None Virginia None Washington NOTICE: ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FOREBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. West Virginia None Wisconsin If any Borrower is an individual, complete the below, selecting the applicable provision. Repeat as necessary for multiple individual Borrowers. XXXXXXX PURPOSE STATEMENT The undersigned acknowledges and agrees that the obligations incurred by him or her under this Note are incurred in the interest of his or her marriage or family, whether existing now or in the future. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned has delivered to Lender a Marital Property Agreement affirmatively electing to “opt out” of the Wisconsin Marital Property Act in accordance with Wisconsin Statutes Chapter 766. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned affirms that he/she does not reside in Wisconsin. Sign Name: _______________________________ Print Name: _______________________________ Wyoming None.
Appears in 5 contracts
Samples: Security Agreement and Fixture Filing (VMS National Properties Joint Venture), And Security Agreement and Fixture Filing (Davidson Income Real Estate Lp), And Security Agreement (Davidson Income Real Estate Lp)
Loan Charges. Borrower and Xxxxxx intend at all times to comply with the law of the State of Texas governing the maximum rate or amount of interest payable on or in connection with this Note and the Indebtedness (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under this Note or under any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or as a result of acceleration of the maturity of this Note, or if any Prepayment prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will shall be applied to reduce the unpaid Principal principal balance of this Note (or, if this Note has been or would thereby be paid in full, will shall be refunded to Borrower), and the provisions of this Note, the Loan Agreement Security Instrument and any other Loan Documents immediately will shall be deemed reformed and the amounts thereafter collectible under this Note or any other Loan Document reduced, without the necessity of the execution of any new documents, so as at to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under this Note or any other Loan Document. The right to accelerate the Maturity Date maturity of this Note does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Xxxxxx Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness willshall, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in this Note, the Loan Agreement Security Instrument or any other Loan Document that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of this Note, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will shall not exceed the amount calculated on a simple (i.e., non-compoundedi.e. noncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Loan Agreement Security Instrument or other Loan Documents (such as for the payment of Taxestaxes, Insurance insurance premiums and similar expenses or costs). Utah None Vermont None Virginia None Washington NOTICE: ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FOREBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. West Virginia None Wisconsin If any Borrower is an individual, complete the below, selecting the applicable provision. Repeat as necessary for multiple individual Borrowers. XXXXXXX PURPOSE STATEMENT The undersigned acknowledges and agrees that the obligations incurred by him or her under this Note are incurred in the interest of his or her marriage or family, whether existing now or in the future. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned has delivered to Lender a Marital Property Agreement affirmatively electing to “opt out” of the Wisconsin Marital Property Act in accordance with Wisconsin Statutes Chapter 766. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned affirms that he/she does not reside in Wisconsin. Sign Name: _______________________________ Print Name: _______________________________ Wyoming None.
Appears in 5 contracts
Samples: Fixed+1 Multifamily Note (NNN Apartment REIT, Inc.), Multifamily Note (Grubb & Ellis Apartment REIT, Inc.), Fixed+1 Multifamily Note (NNN Apartment REIT, Inc.)
Loan Charges. Borrower and Xxxxxx Lender intend at all times to comply with the law laws of the State of Texas governing the maximum rate or amount of interest payable on or in connection with this Note and the Indebtedness (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under the Note, this Note Instrument or under any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or as a result of if acceleration of the maturity of this Notethe Indebtedness, or if any Prepayment prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will be applied to reduce the unpaid Principal principal balance of this Note the Indebtedness (or, if this Note the Indebtedness has been or would thereby be paid in full, will be refunded to Borrower), and the provisions of this the Note, this Instrument and the Loan Agreement and any other Loan Documents immediately will be deemed reformed and the amounts thereafter collectible under this Note or any other the Loan Document Documents reduced, without the necessity of the execution of any new documents, so as to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under this Note or any other the Loan DocumentDocuments. The right to accelerate the Maturity Date maturity of this Note the Indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Xxxxxx Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness will, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in this the Note, the Loan Agreement this Instrument or any other Loan Document that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of this Notethe Indebtedness, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will not exceed the amount calculated on a simple (i.e., non-compoundednoncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Loan Agreement Instrument or any other Loan Documents Document (such as for the payment of Taxes, Insurance premiums Impositions and similar expenses or costs). Utah None Vermont None Virginia None Washington NOTICE: ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FOREBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. West Virginia None Wisconsin If any Borrower is an individual, complete the below, selecting the applicable provision. Repeat as necessary for multiple individual Borrowers. XXXXXXX PURPOSE STATEMENT The undersigned acknowledges and agrees that the obligations incurred by him or her under this Note are incurred in the interest of his or her marriage or family, whether existing now or in the future. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned has delivered to Lender a Marital Property Agreement affirmatively electing to “opt out” of the Wisconsin Marital Property Act in accordance with Wisconsin Statutes Chapter 766. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned affirms that he/she does not reside in Wisconsin. Sign Name: _______________________________ Print Name: _______________________________ Wyoming None.
Appears in 3 contracts
Samples: And Security Agreement (Steadfast Income REIT, Inc.), And Security Agreement (Steadfast Income REIT, Inc.), Security Agreement (NorthStar Healthcare Income, Inc.)
Loan Charges. Borrower and Xxxxxx Lender intend at all times to comply with the law laws of the State of Texas governing the maximum rate or amount of interest payable on or in connection with this Note and the Indebtedness (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under the Note, this Note Instrument or under any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or as a result of if acceleration of the maturity of this Notethe Indebtedness, or if any Prepayment prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will be applied to reduce the unpaid Principal principal balance of this Note the Indebtedness (or, if this Note the Indebtedness has been or would thereby be paid in full, will be refunded to Borrower), and the provisions of this the Note, this Instrument and the Loan Agreement and any other Loan Documents immediately will be deemed reformed and the amounts thereafter collectible under this Note or any other the Loan Document Documents reduced, without the necessity of the execution of any new documents, so as to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under this Note or any other the Loan DocumentDocuments. The right to accelerate the Maturity Date maturity of this Note the Indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Xxxxxx does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness will, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in this the Note, the Loan Agreement this Instrument or any other Loan Document that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of this Notethe Indebtedness, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will not exceed the amount calculated on a simple (i.e., non-compoundednoncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Loan Agreement Instrument or any other Loan Documents Document (such as for the payment of Taxes, Insurance premiums Impositions and similar expenses or costs). Utah None Vermont None Virginia None Washington NOTICE: ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEYMultifamily Deed of Trust, EXTEND CREDITAssignment of Rents, OR TO FOREBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. West Virginia None Wisconsin If any Borrower is an individual, complete the below, selecting the applicable provision. Repeat as necessary for multiple individual Borrowers. XXXXXXX PURPOSE STATEMENT The undersigned acknowledges Security Agreement and agrees that the obligations incurred by him or her under this Note are incurred in the interest of his or her marriage or family, whether existing now or in the future. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned has delivered to Lender a Marital Property Agreement affirmatively electing to “opt out” of the Wisconsin Marital Property Act in accordance with Wisconsin Statutes Chapter 766. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned affirms that he/she does not reside in Wisconsin. Sign Name: _______________________________ Print Name: _______________________________ Wyoming NoneFixture Filing
Appears in 3 contracts
Samples: Security Agreement and Fixture Filing (Steadfast Income REIT, Inc.), Security Agreement and Fixture Filing (Steadfast Income REIT, Inc.), Security Agreement (Steadfast Income REIT, Inc.)
Loan Charges. Borrower and Xxxxxx Lender intend at all times to comply with the law laws of the State of Texas New York governing the maximum rate or amount of interest payable on or in connection with this Note and the Indebtedness (or applicable United States Sates federal law to the extent that it permits Lender to contract for, charge, take, reserve reserve, or receive a greater amount of interest than under Texas New York law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under this Note or under any other Loan DocumentNote, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or as a result of acceleration of the maturity of this Note, or if any Prepayment prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will shall be applied to reduce the unpaid Principal principal balance of this Note (or, if this Note has been or would thereby be paid in full, will shall be refunded to Borrower), and the provisions of this Note, Note and the Loan Agreement and any other Loan Documents immediately will shall be deemed reformed and the amounts thereafter collectible under this Note or any other the Loan Document Agreement reduced, without the necessity of the execution of any new documents, so as to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under this Note or any other the Loan DocumentAgreement. The right to accelerate the Maturity Date maturity of this Note does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Xxxxxx Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness willshall, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in this Note, the Loan Agreement or any other Loan Document Note that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of this Note, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will shall not exceed the amount calculated on a simple (i.e., non-compoundedi.e. noncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Loan Agreement or other Loan Documents (such as for the payment of Taxes, Insurance premiums and similar expenses or costs). Utah None Vermont None Virginia None Washington NOTICE: ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FOREBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. West Virginia None Wisconsin If any Borrower is an individual, complete the below, selecting the applicable provision. Repeat as necessary for multiple individual Borrowers. XXXXXXX PURPOSE STATEMENT The undersigned acknowledges and agrees that the obligations incurred by him or her under this Note are incurred in the interest of his or her marriage or family, whether existing now or in the future. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned has delivered to Lender a Marital Property Agreement affirmatively electing to “opt out” of the Wisconsin Marital Property Act in accordance with Wisconsin Statutes Chapter 766. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned affirms that he/she does not reside in Wisconsin. Sign Name: _______________________________ Print Name: _______________________________ Wyoming Noneadvances.
Appears in 2 contracts
Samples: Tarragon Corp, Tarragon Corp
Loan Charges. Borrower and Xxxxxx Lender intend at all times to comply with the law laws of the State of Texas governing the maximum rate or amount of interest payable on or in connection with this Note and the Indebtedness (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under the Note, this Note Instrument or under any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or as a result of if acceleration of the maturity of this Notethe Indebtedness, or if any Prepayment prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will be applied to reduce the unpaid Principal principal balance of this Note the Indebtedness (or, if this Note the Indebtedness has been or would thereby be paid in full, will be refunded to Borrower), and the provisions of this the Note, this Instrument and the Loan Agreement and any other Loan Documents immediately will be deemed reformed and the amounts thereafter collectible under this Note or any other the Loan Document Documents reduced, without the necessity of the execution of any new documents, so as to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under this Note or any other the Loan DocumentDocuments. The right to accelerate the Maturity Date maturity of this Note the Indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Xxxxxx does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness will, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in this the Note, the Loan Agreement this Instrument or any other Loan Document that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of this Notethe Indebtedness, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will not exceed the amount calculated on a simple (i.e., non-compoundednoncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Loan Agreement Instrument or any other Loan Documents Document (such as for the payment of Taxes, Insurance premiums Impositions and similar expenses or costs). Utah None Vermont None Virginia None Washington NOTICE: ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FOREBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. West Virginia None Wisconsin If any Borrower is an individual, complete the below, selecting the applicable provision. Repeat as necessary for multiple individual Borrowers. XXXXXXX PURPOSE STATEMENT The undersigned acknowledges and agrees that the obligations incurred by him or her under this Note are incurred in the interest of his or her marriage or family, whether existing now or in the future. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned has delivered to Lender a Marital Property Agreement affirmatively electing to “opt out” of the Wisconsin Marital Property Act in accordance with Wisconsin Statutes Chapter 766. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned affirms that he/she does not reside in Wisconsin. Sign Name: _______________________________ Print Name: _______________________________ Wyoming None.
Appears in 2 contracts
Samples: Security Agreement and Fixture Filing (Steadfast Apartment REIT, Inc.), Security Agreement and Fixture Filing (Steadfast Apartment REIT, Inc.)
Loan Charges. Borrower and Xxxxxx Lender intend at all times to comply with the law laws of the State of Texas governing the maximum rate or amount of interest payable on or in connection with this Note and the Indebtedness (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under the Note, this Note Instrument or under any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or as a result of if acceleration of the maturity of this Notethe Indebtedness, or if any Prepayment prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will shall be applied to reduce the unpaid Principal principal balance of this Note the Indebtedness (or, if this Note the Indebtedness has been or would thereby be paid in full, will shall be refunded to Borrower), and the provisions of this the Note, this Instrument and the Loan Agreement and any other Loan Documents immediately will shall be deemed reformed and the amounts thereafter collectible under this Note or any other the Loan Document Documents reduced, without the necessity of the execution of any new documents, so as to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under this Note or any other the Loan DocumentDocuments. The right to accelerate the Maturity Date maturity of this Note the Indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Xxxxxx Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness willshall, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in this the Note, the Loan Agreement this Instrument or any other Loan Document that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of this Notethe Indebtedness, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will shall not exceed the amount calculated on a simple (i.e., non-compoundednoncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Loan Agreement Instrument or any other Loan Documents Document (such as for the payment of Taxes, Insurance premiums Impositions and similar expenses or costs). Utah None Vermont None Virginia None Washington NOTICE: ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FOREBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. West Virginia None Wisconsin If any Borrower is an individual, complete the below, selecting the applicable provision. Repeat as necessary for multiple individual Borrowers. XXXXXXX PURPOSE STATEMENT The undersigned acknowledges and agrees that the obligations incurred by him or her under this Note are incurred in the interest of his or her marriage or family, whether existing now or in the future. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned has delivered to Lender a Marital Property Agreement affirmatively electing to “opt out” of the Wisconsin Marital Property Act in accordance with Wisconsin Statutes Chapter 766. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned affirms that he/she does not reside in Wisconsin. Sign Name: _______________________________ Print Name: _______________________________ Wyoming None.
Appears in 2 contracts
Samples: And Security Agreement and Fixture Filing (Cornerstone Healthcare Plus Reit, Inc.), Security Agreement and Fixture Filing (Century Properties Fund Xv)
Loan Charges. Borrower and Xxxxxx Lender intend at all times to comply with the law laws of the State of Texas governing the maximum rate or amount of interest payable on or in connection with this Note and the Indebtedness (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under the Note, this Note Instrument or under any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or as a result of if acceleration of the maturity of this Notethe Indebtedness, or if any Prepayment prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will be applied to reduce the unpaid Principal principal balance of this Note the Indebtedness (or, if this Note the Indebtedness has been or would thereby be paid in full, will be refunded to Borrower), and the provisions of this the Note, this Instrument and the Loan Agreement and any other Loan Documents immediately will be deemed reformed and the amounts thereafter collectible under this Note or any other the Loan Document Documents reduced, without the necessity of the execution of any new documents, so as to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under this Note or any other the Loan DocumentDocuments. The right to accelerate the Maturity Date maturity of this Note the Indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Xxxxxx does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness will, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in this the Note, the Loan Agreement this Instrument or any other Loan Document that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of this Notethe Indebtedness, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will not exceed the amount calculated on a simple (i.e., non-compoundednoncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Loan Agreement Instrument or any other Loan Documents Document (such as for the payment of Taxes, Insurance premiums Impositions and similar expenses or costs). Utah None Vermont None Virginia None Washington NOTICE: ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEYMultifamily Deed of Trust, EXTEND CREDIT, OR TO FOREBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. West Virginia None Wisconsin If any Borrower is an individual, complete the below, selecting the applicable provision. Repeat as necessary for multiple individual Borrowers. XXXXXXX PURPOSE STATEMENT The undersigned acknowledges Assignment of Rents Security Agreement and agrees that the obligations incurred by him or her under this Note are incurred in the interest of his or her marriage or family, whether existing now or in the future. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned has delivered to Lender a Marital Property Agreement affirmatively electing to “opt out” of the Wisconsin Marital Property Act in accordance with Wisconsin Statutes Chapter 766. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned affirms that he/she does not reside in Wisconsin. Sign Name: _______________________________ Print Name: _______________________________ Wyoming NoneFixture Filing
Appears in 2 contracts
Samples: Security Agreement and Fixture Filing (Steadfast Income REIT, Inc.), Security Agreement and Fixture Filing (Steadfast Apartment REIT, Inc.)
Loan Charges. Borrower and Xxxxxx Lender intend at all times to comply with the law of the State of Texas governing Texxx xxverning the maximum rate or amount of interest payable on or in connection with this Note and the Indebtedness (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under this Note or under any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or as a result of acceleration of the maturity of this Note, or if any Prepayment prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will shall be applied to reduce the unpaid Principal principal balance of this Note (or, if this Note has been or would thereby be paid in full, will shall be refunded to Borrower), and the provisions of this Note, the Loan Agreement Security Instrument and any other Loan Documents immediately will shall be deemed reformed and the amounts thereafter collectible under this Note or any other Loan Document reduced, without the necessity of the execution of any new documents, so as at to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under this Note or any other Loan Document. The right to accelerate the Maturity Date maturity of this Note does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Xxxxxx Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness willshall, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in this Note, the Loan Agreement Security Instrument or any other Loan Document that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of this Note, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will shall not exceed the amount calculated on a simple (i.e., non-compoundedi.e. noncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Loan Agreement Security Instrument or other Loan Documents (such as for the payment of Taxestaxes, Insurance insurance premiums and similar expenses or costs). Utah None Vermont None Virginia None Washington NOTICE: ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FOREBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. West Virginia None Wisconsin If any Borrower is an individual, complete the below, selecting the applicable provision. Repeat as necessary for multiple individual Borrowers. XXXXXXX PURPOSE STATEMENT The undersigned acknowledges and agrees that the obligations incurred by him or her under this Note are incurred in the interest of his or her marriage or family, whether existing now or in the future. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned has delivered to Lender a Marital Property Agreement affirmatively electing to “opt out” of the Wisconsin Marital Property Act in accordance with Wisconsin Statutes Chapter 766. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned affirms that he/she does not reside in Wisconsin. Sign Name: _______________________________ Print Name: _______________________________ Wyoming None.
Appears in 1 contract
Samples: Assisted Living Concepts Inc
Loan Charges. This Note, the Security Instrument and the Other Security Documents are subject to the express condition that at no time shall Borrower be obligated or required to pay interest on the principal balance due hereunder at a rate which could subject Lender to either civil or criminal liability as a result of being in excess of the maximum interest rate which Borrower is permitted by applicable law to contract or agree to pay. If by the terms of this Note, the Security Instrument and the Other Security Documents, Borrower is at any time required or obligated to pay interest on the principal balance due hereunder at a rate in excess of such maximum rate, the Applicable Interest Rate, the Default Rate or any other consideration that constitutes interest under applicable law, as the case may be, shall be deemed to be immediately reduced to such maximum rate and all previous payments in excess of the maximum rate shall be deemed to have been payments in reduction of principal and not on account of the interest due hereunder. All sums paid or agreed to be paid to Lender for the use, forbearance, or detention of the Debt, shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Note until payment in full so that the rate or amount of interest on account of the Debt does not exceed the Maximum Lawful Rate (as defined below) from time to time in effect and applicable to the Debt for so long as the Debt is outstanding. It is expressly stipulated and agreed to be the intent of Borrower and Xxxxxx intend Lender at all times to comply strictly with the applicable Texas law of the State of Texas governing the maximum rate or amount of interest payable on or in connection with this Note and the Indebtedness (or applicable United States Stated federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under this Note or under any other Loan Document, or (i) contracted for, charged, taken, reserved or received with respect pursuant to this Note, any of the other Loan Documents or any other communications or writing by or between Borrower and Lender related to the Indebtednesstransaction or transactions that are the subject matter of the Loan Documents, (ii) contracted for, charged or as a result received by reason of acceleration Lender’s exercise of the option to accelerate the maturity of this Note, or if (iii) Borrower will have paid or Lender will have received by reason of any Prepayment voluntary prepayment by Borrower results in Borrower having paid any interest of this Note, then it is Borrower’s and Lender’s express intent that all amounts charged in excess of that permitted by any applicable lawthe Maximum Lawful Rate shall be automatically cancelled, then Borrower ab initio, and Lender expressly intend that all amounts in excess amounts of the Maximum Lawful Rate theretofore collected by Lender will shall be applied to reduce credited on the unpaid Principal principal balance of this Note (or, if this Note has been or would thereby be paid in full, will be refunded to Borrower), and the provisions of this Note, Note and the Loan Agreement and any other Loan Documents immediately will be deemed reformed and the amounts thereafter collectible under this Note or any other Loan Document hereunder and thereunder reduced, without the necessity of the execution of any new documentsdocument, so as to comply with any the applicable law, but so as to permit the recovery of the fullest amount otherwise payable under called for hereunder and thereunder; provided, however, if this Note or any other Loan Document. The right to accelerate has been paid in full before the Maturity Date of this Note does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Xxxxxx does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention end of the Indebtedness will, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full stated term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in this Note, the Loan Agreement or any other Loan Document that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of this Note, then Xxxxxxxx and Xxxxxx agree that Lender shall, with reasonable promptness after Xxxxxx discovers or is advised by Borrower that interest was received in an amount in excess of the total amount Maximum Lawful Rate, either refund such excess interest to Borrower and/or credit such excess interest against this Note then owing by borrower to Lender. In no event shall the provisions of Chapter 346 of the Texas Finance Code (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to this Note. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will has not exceed the amount calculated on a simple (i.e., non-compounded) interest basis accrued at the maximum rate on principal amounts actually advanced time of such acceleration or to or for collect unearned interest at the account time of Borrower, including all current and prior advances and any advances made pursuant to the Loan Agreement or other Loan Documents (such as for the payment of Taxes, Insurance premiums and similar expenses or costs). Utah None Vermont None Virginia None Washington NOTICE: ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FOREBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. West Virginia None Wisconsin If any Borrower is an individual, complete the below, selecting the applicable provision. Repeat as necessary for multiple individual Borrowers. XXXXXXX PURPOSE STATEMENT The undersigned acknowledges and agrees that the obligations incurred by him or her under this Note are incurred in the interest of his or her marriage or family, whether existing now or in the future. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned has delivered to Lender a Marital Property Agreement affirmatively electing to “opt out” of the Wisconsin Marital Property Act in accordance with Wisconsin Statutes Chapter 766. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned affirms that he/she does not reside in Wisconsin. Sign Name: _______________________________ Print Name: _______________________________ Wyoming Noneacceleration.
Appears in 1 contract
Samples: AmREIT, Inc.
Loan Charges. Borrower and Xxxxxx Lender intend at all times to comply with the law of the State of Texas Xxxxx governing the maximum rate or amount of interest payable on or in connection with this Note and the Indebtedness (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under this Note or under any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or as a result of acceleration of the maturity of this Note, or if any Prepayment prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will shall be applied to reduce the unpaid Principal principal balance of this Note (or, if this Note has been or would thereby be paid in full, will shall be refunded to Borrower), and the provisions of this Note, the Loan Agreement Security Instrument and any other Loan Documents immediately will shall be deemed reformed and the amounts thereafter collectible under this Note or any other Loan Document reduced, without the necessity of the execution of any new documents, so as at to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under this Note or any other Loan Document. The right to accelerate the Maturity Date maturity of this Note does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Xxxxxx Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness willshall, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in this Note, the Loan Agreement Security Instrument or any other Loan Document that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of this Note, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will shall not exceed the amount calculated on a simple (i.e., non-compounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Loan Agreement or other Loan Documents (such as for the payment of Taxes, Insurance premiums and similar expenses or costs). Utah None Vermont None Virginia None Washington NOTICE: ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FOREBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. West Virginia None Wisconsin If any Borrower is an individual, complete the below, selecting the applicable provision. Repeat as necessary for multiple individual Borrowers. XXXXXXX PURPOSE STATEMENT The undersigned acknowledges and agrees that the obligations incurred by him or her under this Note are incurred in the interest of his or her marriage or family, whether existing now or in the future. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned has delivered to Lender a Marital Property Agreement affirmatively electing to “opt out” of the Wisconsin Marital Property Act in accordance with Wisconsin Statutes Chapter 766. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned affirms that he/she does not reside in Wisconsin. Sign Name: _______________________________ Print Name: _______________________________ Wyoming Nonesimple
Appears in 1 contract
Samples: Multifamily Note (Cornerstone Realty Income Trust Inc)
Loan Charges. Borrower and Xxxxxx Lender intend at all times to comply with the law laws of the State of Texas governing the maximum rate or amount of interest payable on or in connection with this Note and the Indebtedness (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under the Note, this Note Instrument or under any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or as a result of if acceleration of the maturity of this Notethe Indebtedness, or if any Prepayment prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will be applied to reduce the unpaid Principal principal balance of this Note the Indebtedness (or, if this Note the Indebtedness has been or would thereby be paid in full, will be refunded to Borrower), and the provisions of this the Note, this Instrument and the Loan Agreement and any other Loan Documents immediately will be deemed reformed and the amounts thereafter collectible under this Note or any other the Loan Document Documents reduced, without the necessity of the execution of any new documents, so as to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under this Note or any other the Loan DocumentDocuments. The right to accelerate the Maturity Date maturity of this Note the Indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Xxxxxx Lxxxxx does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness will, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in this the Note, the Loan Agreement this Instrument or any other Loan Document that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of this Notethe Indebtedness, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will not exceed the amount calculated on a simple (i.e., non-compoundednoncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Loan Agreement Instrument or any other Loan Documents Document (such as for the payment of Taxes, Insurance premiums Impositions and similar expenses or costs). Utah None Vermont None Virginia None Washington NOTICE: ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FOREBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. West Virginia None Wisconsin If any Borrower is an individual, complete the below, selecting the applicable provision. Repeat as necessary for multiple individual Borrowers. XXXXXXX PURPOSE STATEMENT The undersigned acknowledges and agrees that the obligations incurred by him or her under this Note are incurred in the interest of his or her marriage or family, whether existing now or in the future. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned has delivered to Lender a Marital Property Agreement affirmatively electing to “opt out” of the Wisconsin Marital Property Act in accordance with Wisconsin Statutes Chapter 766. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned affirms that he/she does not reside in Wisconsin. Sign Name: _______________________________ Print Name: _______________________________ Wyoming None.
Appears in 1 contract
Samples: Security Agreement and Fixture Filing (Bluerock Residential Growth REIT, Inc.)
Loan Charges. Borrower and Xxxxxx intend at all times to comply with the law of the State of Texas governing the maximum rate or amount of interest payable on or in connection with this Note and the Indebtedness (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under this Note or under any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or as a result of acceleration of the maturity of this Note, or if any Prepayment prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will shall be applied to reduce the unpaid Principal principal balance of this Note (or, if this Note has been or would thereby be paid in full, will shall be refunded to Borrower), and the provisions of this Note, the Loan Agreement Security Instrument and any other Loan Documents immediately will shall be deemed reformed and the amounts thereafter collectible under this Note or any other Loan Document reduced, without the necessity of the execution of any new documents, so as at to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under this Note or any other Loan Document. The right to accelerate the Maturity Date maturity of this Note does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Xxxxxx Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness willshall, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in this Note, the Loan Agreement Security Instrument or any other Loan Document that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of this Note, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will shall not exceed the amount calculated on a simple (i.e., non-compoundedi.e. ---- noncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Loan Agreement Security Instrument or other Loan Documents (such as for the payment of Taxestaxes, Insurance insurance premiums and similar expenses or costs). Utah None Vermont None Virginia None Washington NOTICE: ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FOREBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. West Virginia None Wisconsin If any Borrower is an individual, complete the below, selecting the applicable provision. Repeat as necessary for multiple individual Borrowers. XXXXXXX PURPOSE STATEMENT The undersigned acknowledges and agrees that the obligations incurred by him or her under this Note are incurred in the interest of his or her marriage or family, whether existing now or in the future. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned has delivered to Lender a Marital Property Agreement affirmatively electing to “opt out” of the Wisconsin Marital Property Act in accordance with Wisconsin Statutes Chapter 766. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned affirms that he/she does not reside in Wisconsin. Sign Name: _______________________________ Print Name: _______________________________ Wyoming None.
Appears in 1 contract
Samples: Multifamily Note (Cornerstone Realty Income Trust Inc)
Loan Charges. It is expressly stipulated and agreed to be the intent of Borrower and Xxxxxx intend Lender at all times to comply with the applicable Delaware law of the State of Texas governing the maximum rate or amount of interest payable on or in connection with this Note or the indebtedness evidenced hereby and by the Indebtedness other Loan Documents (or applicable United States federal law to the extent that it permits Lender the Borrower to contract for, charge, take, reserve or receive a greater amount of interest than under Texas Delaware law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable called for under this Note or under any other of the Loan DocumentDocuments, or contracted for, charged, taken, reserved or received with respect to the Indebtednesssuch indebtedness, or as a result if Borrower's exercise of acceleration of the option herein contained to accelerate the maturity of this Note, Note or if any Prepayment prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower it is Borrower's and Lender expressly intend Xxxxxx's express intent that all excess amounts theretofore collected by Lender will Xxxxxx be applied to reduce credited on the unpaid Principal principal balance of this Note (or, if this Note has been or would thereby be paid in full, will be refunded to Borrower), and the provisions of this Note, Note and the Loan Agreement and any other Loan Documents immediately will be deemed reformed and the amounts thereafter collectible under this Note or any other Loan Document hereunder and thereunder reduced, without the necessity of the execution of any new documentsdocument, so as to comply with any the applicable law, but so as to permit the recovery of the fullest amount otherwise payable under this Note called for hereunder and thereunder. Notwithstanding anything to the contrary contained herein or in any of the other Loan Document. The right Documents, it is not the intention of Lender to accelerate the Maturity Date maturity of this Note does not include the right to accelerate any interest which that has not otherwise accrued on at the date time of such acceleration, and Xxxxxx does not intend acceleration or to collect any unearned interest in at the event time of such acceleration. All sums paid or agreed to be paid to Lender by Xxxxxx for the use, forbearance or detention of the Indebtedness willindebtedness evidenced hereby and by the other Loan Documents shall, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness such indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness such indebtedness does not exceed the usury ceiling from time to time in effect and applicable usury ceilingto such indebtedness evidenced hereby for so long as debt is outstanding. Notwithstanding any provision contained in this NoteTo the extent United States federal law permits Lender to contract for, the Loan Agreement charge or any other Loan Document that permits the compounding receive a greater amount of interest, including any provision by which any accrued interest is added Lender will rely on United States federal law instead of Delaware law, as amended, for the purpose of determining the Highest Lawful Rate. Additionally, to the principal amount of this Note, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will not exceed the amount calculated on a simple (i.e., non-compounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Loan Agreement or other Loan Documents (such as for the payment of Taxes, Insurance premiums and similar expenses or costs). Utah None Vermont None Virginia None Washington NOTICE: ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FOREBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. West Virginia None Wisconsin If any Borrower is an individual, complete the below, selecting the extent permitted by applicable provision. Repeat as necessary for multiple individual Borrowers. XXXXXXX PURPOSE STATEMENT The undersigned acknowledges and agrees that the obligations incurred by him or her under this Note are incurred in the interest of his or her marriage or family, whether existing law now or hereafter in effect, Lender may, at its option and from time to time, implement any other method of computing the future. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned has delivered Highest Lawful Rate under any other applicable law by giving notice, if required, to Lender a Marital Property Agreement affirmatively electing to “opt out” of the Wisconsin Marital Property Act Borrower as provided by applicable law now or hereafter in accordance with Wisconsin Statutes Chapter 766. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned affirms that he/she does not reside in Wisconsin. Sign Name: _______________________________ Print Name: _______________________________ Wyoming Noneeffect.
Appears in 1 contract
Samples: Credit Agreement
Loan Charges. Borrower and Xxxxxx Lender intend at all times to comply with the law laws of the State of Texas governing the maximum rate or amount of interest payable on or in connection with this Note and the Indebtedness (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under the Reimbursement Agreement, this Note Instrument or under any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or as a result of if acceleration of the maturity of this Notethe Indebtedness, or if any Prepayment prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will shall be applied to reduce the unpaid Principal principal balance of this Note the Indebtedness (or, if this Note the Indebtedness has been or would thereby be paid in full, will shall be refunded to Borrower), and the provisions of the Reimbursement Agreement, this Note, Instrument and the Loan Agreement and any other Loan Documents immediately will shall be deemed reformed and the amounts thereafter collectible under this Note or any other the Loan Document Documents reduced, without the necessity of the execution of any new documents, so as to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under this Note or any other the Loan DocumentDocuments. The right to accelerate the Maturity Date maturity of this Note the Indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Xxxxxx does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness willshall, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in the Reimbursement Agreement, this Note, the Loan Agreement Instrument or any other Loan Document that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of this Notethe Indebtedness, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will shall not exceed the amount calculated on a simple (i.e., non-compoundednoncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Loan Agreement Instrument or any other Loan Documents Document (such as for the payment of Taxes, Insurance premiums Impositions and similar expenses or costs). Utah None Vermont None Virginia None Washington NOTICE: ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FOREBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. West Virginia None Wisconsin If any Borrower is an individual, complete the below, selecting the applicable provision. Repeat as necessary for multiple individual Borrowers. XXXXXXX PURPOSE STATEMENT The undersigned acknowledges and agrees that the obligations incurred by him or her under this Note are incurred in the interest of his or her marriage or family, whether existing now or in the future. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned has delivered to Lender a Marital Property Agreement affirmatively electing to “opt out” of the Wisconsin Marital Property Act in accordance with Wisconsin Statutes Chapter 766. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned affirms that he/she does not reside in Wisconsin. Sign Name: _______________________________ Print Name: _______________________________ Wyoming None.
Appears in 1 contract
Loan Charges. Borrower and Xxxxxx Lender intend at all times to comply with the law laws of the State of Texas governing the maximum rate or amount of interest payable on or in connection with this Note and the Indebtedness (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under the Note, this Note Instrument or under any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or as a result of if acceleration of the maturity of this Notethe Indebtedness, or if any Prepayment prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will shall be applied to reduce the unpaid Principal principal balance of this Note the Indebtedness (or, if this Note the Indebtedness has been or would thereby be paid in full, will shall be refunded to Borrower), and the provisions of this the Note, this Instrument and the Loan Agreement and any other Loan Documents immediately will shall be deemed reformed and the amounts thereafter collectible under this Note or any other the Loan Document Documents reduced, without the necessity of the execution of any new documents, so as to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under this Note or any other the Loan DocumentDocuments. The right to accelerate the Maturity Date maturity of this Note the Indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Xxxxxx does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness willshall, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in this the Note, the Loan Agreement this Instrument or any other Loan Document that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of this Notethe Indebtedness, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will shall not exceed the amount calculated on a simple (i.e., non-compoundednoncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Loan Agreement Instrument or any other Loan Documents Document (such as for the payment of Taxes, Insurance premiums Impositions and similar expenses or costs). Utah None Vermont None Virginia None Washington NOTICE: ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FOREBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. West Virginia None Wisconsin If any Borrower is an individual, complete the below, selecting the applicable provision. Repeat as necessary for multiple individual Borrowers. XXXXXXX PURPOSE STATEMENT The undersigned acknowledges and agrees that the obligations incurred by him or her under this Note are incurred in the interest of his or her marriage or family, whether existing now or in the future. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned has delivered to Lender a Marital Property Agreement affirmatively electing to “opt out” of the Wisconsin Marital Property Act in accordance with Wisconsin Statutes Chapter 766. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned affirms that he/she does not reside in Wisconsin. Sign Name: _______________________________ Print Name: _______________________________ Wyoming None.
Appears in 1 contract
Samples: Subordination and Intercreditor Agreement (Century Properties Fund Xvii)
Loan Charges. Borrower and Xxxxxx intend at all times to comply with the law of the State of Texas governing the Maximum Interest Rate or the maximum amount of interest payable on or in connection with this Note and the Indebtedness (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under this Note or under any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or as a result of acceleration of the maturity of this Note, or if any Prepayment prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will shall be applied to reduce the unpaid Principal principal balance of this Note (or, if this Note has been or would thereby be paid in full, will shall be refunded to Borrower), and the provisions of this Note, the Loan Agreement Security Instrument and any other Loan Documents immediately will shall be deemed reformed and the amounts thereafter collectible under this Note or any other Loan Document reduced, without the necessity of the execution of any new documents, so as to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under this Note or any other Loan Document. The right to accelerate the Maturity Date of this Note does not include the right to accelerate any interest interest, which has not otherwise accrued on the date of such acceleration, and Xxxxxx Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness willshall, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in this Note, the Loan Agreement Security Instrument or any other Loan Document that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of this Note, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will shall not exceed the amount calculated on a simple (i.e., non-compounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Loan Agreement Security Instrument or other Loan Documents (such as for the payment of Taxestaxes, Insurance insurance premiums and similar expenses or costs). Utah None Vermont None Virginia None Washington NOTICE: ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FOREBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. West Virginia None Wisconsin If any Borrower is an individual, complete the below, selecting the applicable provision. Repeat as necessary for multiple individual Borrowers. XXXXXXX PURPOSE STATEMENT The undersigned acknowledges and agrees that the obligations incurred by him or her under this Note are incurred in the interest of his or her marriage or family, whether existing now or in the future. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned has delivered to Lender a Marital Property Agreement affirmatively electing to “opt out” of the Wisconsin Marital Property Act in accordance with Wisconsin Statutes Chapter 766. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned affirms that he/she does not reside in Wisconsin. Sign Name: _______________________________ Print Name: _______________________________ Wyoming None.
Appears in 1 contract
Samples: Emeritus Corp\wa\
Loan Charges. Borrower and Xxxxxx Lender intend at all times to comply with the law laws of the State of Texas governing the maximum rate or amount of interest payable on or in connection with this Note and the Indebtedness (or applicable United States federal law to the extent that it permits Lender to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under the Note, this Note Instrument or under any other Loan Document, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or as a result of if acceleration of the maturity of this Notethe Indebtedness, or if any Prepayment prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will shall be applied to reduce the unpaid Principal principal balance of this Note the Indebtedness (or, if this Note the Indebtedness has been or would thereby be paid in full, will shall be refunded to Borrower), and the provisions of this the Note, this Instrument and the Loan Agreement and any other Loan Documents immediately will shall be deemed reformed and the amounts thereafter collectible under this Note or any other the Loan Document Documents reduced, without the necessity of the execution of any new documents, so as to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under this Note or any other the Loan DocumentDocuments. The right to accelerate the Maturity Date maturity of this Note the Indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Xxxxxx Lxxxxx does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness willshall, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in this the Note, the Loan Agreement this Instrument or any other Loan Document that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of this Notethe Indebtedness, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will shall not exceed the amount calculated on a simple (i.e., non-compoundednoncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Loan Agreement Instrument or any other Loan Documents Document (such as for the payment of Taxes, Insurance premiums Impositions and similar expenses or costs). Utah None Vermont None Virginia None Washington NOTICE: ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FOREBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. West Virginia None Wisconsin If any Borrower is an individual, complete the below, selecting the applicable provision. Repeat as necessary for multiple individual Borrowers. XXXXXXX PURPOSE STATEMENT The undersigned acknowledges and agrees that the obligations incurred by him or her under this Note are incurred in the interest of his or her marriage or family, whether existing now or in the future. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned has delivered to Lender a Marital Property Agreement affirmatively electing to “opt out” of the Wisconsin Marital Property Act in accordance with Wisconsin Statutes Chapter 766. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned affirms that he/she does not reside in Wisconsin. Sign Name: _______________________________ Print Name: _______________________________ Wyoming None.
Appears in 1 contract
Samples: Rents and Security Agreement and Fixture Filing (Capital Senior Living Corp)
Loan Charges. Borrower and Xxxxxx Lender intend at all times to comply with the law laws of the State of Texas New York governing the maximum rate or amount of interest payable on or in connection with this Note and the Indebtedness (or applicable United States Sates federal law to the extent that it permits Lender to contract for, charge, take, reserve reserve, or receive a greater amount of interest than under Texas New York law). If the applicable law is ever judicially interpreted so as to render usurious any amount payable under this Note or under any other Loan DocumentNote, or contracted for, charged, taken, reserved or received with respect to the Indebtedness, or as a result of acceleration of the maturity of this Note, or if any Prepayment prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by any applicable law, then Borrower and Lender expressly intend that all excess amounts collected by Lender will shall be applied to reduce the unpaid Principal principal balance of this Note (or, if this Note has been or would thereby be paid in full, will shall be refunded to Borrower), and the provisions of this Note, Note and the Loan Letter Agreement and any other Loan Documents immediately will shall be deemed reformed and the amounts thereafter collectible under this Note or any other Loan Document the Letter Agreement reduced, without the necessity of the execution of any new documents, so as to comply with any applicable law, but so as to permit the recovery of the fullest amount otherwise payable under this Note or any other Loan Documentthe Letter Agreement. The right to accelerate the Maturity Date maturity of this Note does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Xxxxxx Lender does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the Indebtedness willshall, to the extent permitted by any applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedness until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the applicable usury ceiling. Notwithstanding any provision contained in this Note, the Loan Agreement or any other Loan Document Note that permits the compounding of interest, including any provision by which any accrued interest is added to the principal amount of this Note, the total amount of interest that Borrower is obligated to pay and Lender is entitled to receive with respect to the Indebtedness will shall not exceed the amount calculated on a simple (i.e., non-compoundedi.e. noncompounded) interest basis at the maximum rate on principal amounts actually advanced to or for the account of Borrower, including all current and prior advances and any advances made pursuant to the Loan Agreement or other Loan Documents (such as for the payment of Taxes, Insurance premiums and similar expenses or costs). Utah None Vermont None Virginia None Washington NOTICE: ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FOREBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. West Virginia None Wisconsin If any Borrower is an individual, complete the below, selecting the applicable provision. Repeat as necessary for multiple individual Borrowers. XXXXXXX PURPOSE STATEMENT The undersigned acknowledges and agrees that the obligations incurred by him or her under this Note are incurred in the interest of his or her marriage or family, whether existing now or in the future. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned has delivered to Lender a Marital Property Agreement affirmatively electing to “opt out” of the Wisconsin Marital Property Act in accordance with Wisconsin Statutes Chapter 766. Sign Name: _______________________________ Print Name: _______________________________ OR The undersigned affirms that he/she does not reside in Wisconsin. Sign Name: _______________________________ Print Name: _______________________________ Wyoming Noneadvances.
Appears in 1 contract
Samples: Letter Agreement (Tarragon Corp)