Loan Expenses. To the extent not prohibited by applicable law, Borrower will pay all reasonable costs and expenses and reimburse Lender for any and all reasonable expenditures of every character incurred or expended from time to time, regardless of whether an Event of Default shall have occurred, in connection with any of the following (collectively, “Loan Expenses”):
(a) the preparation, negotiation, documentation, closing, renewal, revision, modification, increase, review or restructuring of any loan or credit facility represented by or secured by the Loan Documents, including legal, accounting, auditing, architectural, engineering, due diligence, title company, and inspection services and disbursements, and other costs and expenses of Lender incurred in connection with the Loans, or in connection with collecting or attempting to enforce or collect pursuant to any Loan Document;
(b) Lender’s evaluating, monitoring, administering and protecting the Collateral or employing others to do so or to perform due diligence for Lender with respect thereto; and
(c) Lender’s creating, perfecting and realizing upon Lender’s security interest in, and the Liens on, the Collateral, and all costs and expenses relating to Lender’s exercising any of its rights and remedies under any Loan Document or at law, including all appraisal fees, consulting fees, filing fees, taxes, brokerage fees and commissions, title review and abstract fees, litigation report fees, UCC search fees, other fees and expenses incident to title searches, reports and security interests, escrow fees, attorneys’ fees, legal expenses, court costs, other fees and expenses incurred in connection with any complete or partial liquidation of the Collateral, and all fees and expenses for any professional services or any operations conducted in connection therewith. Notwithstanding the foregoing, no right or option granted by Borrower to Lender or otherwise arising pursuant to any provision of any Loan Document shall be deemed to impose or admit a duty on Lender to supervise, monitor or control any aspect of the character or condition of the Collateral or any operations conducted in connection with it for the benefit of Borrower or any other Person other than Lender.
Loan Expenses. Borrower agrees to pay all of the Loan Expenses. Any Loan Expenses paid by Lender shall bear interest commencing on the date demand for repayment thereof is made by Lender until repaid to Lender at the Default Rate and shall be paid by Borrower upon demand, or may be paid by Lender at any time by disbursement of proceeds of the Loan. Any Loan Expenses paid by Lender shall be reimbursed to Lender by Borrower regardless of whether there shall be any disbursements of the Loan.
Loan Expenses. At the Closing, Borrower shall pay or reimburse Lender for any Loan Expenses incurred up to the Effective Date. Within 30 days after receipt of an invoice therefor, Borrower shall reimburse Lender for any Loan Expenses incurred by Lender. Lender may, at Lender’s option, apply proceeds of the Loan to pay the Loan Expenses.
Loan Expenses. Except as expressly set forth herein, Borrower shall not be required to pay any fees or other expenses of Lender in connection with this Agreement or the Loans made hereunder.
Loan Expenses. Borrower agrees to pay all expenses of the Loan, including all amounts payable pursuant to Section 3.24 of this Agreement, and also including all recording charges, title insurance charges, costs of surveys, costs for certified copies of instruments, escrow charges, fees, expenses and charges of architectural/engineering consultants of Lender, fees and expenses of Lender’s attorneys, and all costs and expenses incurred by Lender in connection with the determination of whether Borrower has performed the obligations undertaken by Borrower under this Agreement or has satisfied any conditions precedent to the obligations of Lender under this Agreement. All such expenses, charges, costs and fees shall be the Borrower’s obligation regardless of whether the Loan is disbursed in whole or in part unless such failure to disburse is due to Lender’s wrongful failure to disburse hereunder. Any and all advances or payments made by Lender under this Agreement from time to time, or for fees of architectural and engineering consultants and attorney fees and expenses, if any, and all other Loan expenses shall, as and when advanced or incurred by Lender, constitute additional indebtedness evidenced by the Note and secured by the Security Instrument and the other Loan Documents to the same extent and effect as if the terms and provisions of this Agreement were set forth therein, whether or not the aggregate of such indebtedness shall exceed the aggregate face amount of the Note.
Loan Expenses. Each Lender shall be responsible for the payment of his, her or its pro rata share of any Loan Expenses based upon such Lender’s Fractional Interest. So long as there are sufficient Loan Payments or Property Proceeds available to pay all outstanding Loan Expenses (including any Loan Expense Reserves established by the Servicer pursuant to Section 6.3, below), each Lender’s share of such Loan Expenses shall be deducted from such Loan Payments or Property Proceeds (or available reserves) prior to any distribution of such proceeds to the Lenders under Section 8.2, below.
Loan Expenses. Borrowers agree to pay all expenses of the Loan, including all amounts payable pursuant to Section 3.25 of this Agreement, and also including all recording charges, title insurance charges, costs of surveys, costs for certified copies of instruments, escrow charges, fees, expenses and charges of architectural/engineering consultants of Lender, reasonable fees and expenses of Lender’s attorneys, and all costs and expenses incurred by Lender in connection with the determination of whether any Borrower has performed the obligations undertaken by Borrowers under this Agreement or has satisfied any conditions precedent to the obligations of Lender under this Agreement. All such expenses, charges, costs and fees shall be the Borrowers’ obligation regardless of whether the Loan is disbursed in whole or in part unless such failure to disburse is due to Lender’s wrongful failure to disburse hereunder. Any and all advances or payments made by Lender under this Agreement from time to time, or for reasonable fees of architectural and engineering consultants and reasonable attorneys’ fees and expenses, if any, and all other reasonable Loan expenses which are the responsibility of Borrowers hereunder and/or under any other Loan Document shall, as and when advanced or incurred by Lender, constitute additional indebtedness evidenced by the Note and secured by the Mortgages and the other Loan Documents to the same extent and effect as if the terms and provisions of this Agreement were set forth therein, whether or not the aggregate of such indebtedness shall exceed the aggregate face amount of the Note. It is specifically acknowledged and agreed that Borrowers shall not be responsible for any loan servicing fees, administrative fees or monitoring fees in connection with the Loan, unless such fees are provided for herein, or arise due to requests by any Borrower or acts by any Borrower in contravention of the Loan Documents. All such fees shall be charged at the then standard rate charged to borrowers for such services with respect to similar loans. Typical services for which administrative fees are payable are shown on Schedule “D” hereto.
Loan Expenses. Trustor shall pay all costs and expenses in ------------- connection with the preparation, execution, delivery and performance of the Note and the Loan Documents and the transactions contemplated thereby, including (but not limited to) costs and fees incurred by Beneficiary's independent inspector, fees and disbursements of its and Beneficiary's counsel, broker's fees, costs and expenses of procuring any environmental audits required to be procured by Trustor, recording costs and expenses, conveyance fees, documentary stamp, intangible and other taxes, and costs and expenses of surveys, appraisals and policies of title insurance, physical damage insurance, and liability insurance.
Loan Expenses. All fees, premiums, expenses and charges reasonably incurred in procuring, processing and administering the Loan, including without limitation charges for the Title Policy, title examination, title bring downs, title endorsements, inspections, surveys, recordings, taxes, Lender's attorneys, Lender's fees, service charges, closing attorney, Borrower's attorney, Insurance Coverage, real estate taxes, assessments, engineers, Architects, water, sewer, utilities, brokers, liens, encumbrances, Work corrections, Loan Document modifications, broker's fees and any other matters in connection with the Real Property, the Project, the Improvements and the Loan, shall be paid for solely by the Borrower. All such amounts, unless sooner paid, shall be paid by the Borrower when due, or Lender may, at its option, deduct any amounts necessary for the payment of these items from any Loan Disbursement. All sums so applied shall be deemed advances under this Construction Agreement secured by the Loan Documents.
Loan Expenses. Borrower shall pay all of Bank’s out-of-pocket costs and expenses incurred in connection with the making, disbursement, and administration of the Loans, as well as any revisions, extensions, renewals, or “workouts” of the Loans, and in the exercise of any of Bank’s rights or remedies under this Agreement (collectively, the “Loan Expenses”). Such costs and expenses include (a) charges for legal fees and expenses of Bank’s counsel (limited to one firm and one local counsel, if any) to (i) represent Bank in any litigation, arbitration, contest, dispute, suit or proceeding or to commence, defend or intervene or to take any other action in or with respect to any litigation, arbitration, contest, dispute, suit or proceeding (whether instituted by Bank, Borrower or any other Person) in any way or respect relating to the collateral secured by the Loan Documents, this Agreement, the Loan Documents, or Borrower’s affairs, or (ii) to enforce any rights of Bank against Borrower or any other individual or entity which may be obligated to Bank by virtue of this Agreement or the Loan Documents, including, without limitation, any obligor; (iii) take any action with respect to administration of Borrower’s liabilities to Bank to protect, collect, sell, liquidate or otherwise dispose of the collateral secured by the Loan Documents; and/or (iv) attempt to or enforce any of Bank’s rights or remedies under this Agreement or the Loan Documents, including without limitation, Bank’s rights or remedies with respect to the collateral secured by the Loan Documents and (b) any other reasonable out-of-pocket fees and costs for services. Borrower acknowledges that amounts payable under this Section 2.2 are not included in any loan, facility or commitment fees for the Loans.
