Lost Note. Upon Lender’s furnishing to Borrower an affidavit to such effect, Borrower shall, if the Note is mutilated, destroyed, lost or stolen, deliver to Lender, in substitution therefor, a new note containing the same terms and conditions as the Note.
Appears in 14 contracts
Samples: Loan Agreement, Loan Agreement (Legacy Housing Corp), Loan Agreement (Legacy Housing Corp)
Lost Note. Upon Lender’s furnishing to Borrower Borrowers an affidavit to such effect, Borrower Borrowers shall, if the Note is mutilated, destroyed, lost or stolen, deliver to Lender, in substitution therefor, a new note containing the same terms and conditions as the Note.
Appears in 6 contracts
Samples: Secured Loan Agreement, Secured Loan Agreement (CNL Healthcare Trust, Inc.), Secured Loan Agreement (CNL Healthcare Trust, Inc.)
Lost Note. Upon any Lender’s furnishing to Borrower Borrowers an affidavit to such effect, Borrower Borrowers shall, if the applicable Note is mutilated, destroyed, lost or stolen, deliver to such Lender, in substitution therefor, a new note containing the same terms and conditions as the such Note.
Appears in 5 contracts
Samples: Secured Loan Agreement, Secured Loan Agreement (Sentio Healthcare Properties Inc), Secured Loan Agreement (Sentio Healthcare Properties Inc)
Lost Note. Upon any Lender’s furnishing to Borrower an affidavit to such effect, Borrower shall, if the any Note is mutilated, destroyed, lost or stolen, deliver to such Lender, in substitution therefor, a new note containing the same terms and conditions as the such Note.
Appears in 3 contracts
Samples: Construction Loan Agreement, Construction Loan Agreement (Republic Property Trust), Construction Loan Agreement (Dupont Fabros Technology, Inc.)
Lost Note. Upon Lender’s 's furnishing to Borrower an affidavit to such effect, Borrower shall, if the Note is mutilated, destroyed, lost or stolen, deliver to Lender, in substitution therefor, a new note containing the same terms and conditions as the Note.
Appears in 3 contracts
Samples: Loan Agreement (Glimcher Realty Trust), Loan Agreement (Wellsford Real Properties Inc), Construction Loan Agreement (Medical Properties Trust Inc)
Lost Note. Upon Lender’s 's furnishing to Borrower an affidavit to ---------- such effect, Borrower shall, if the Note is mutilated, destroyed, lost or stolen, deliver to Lender, in substitution therefor, a new note containing the same terms and conditions as the Note.
Appears in 2 contracts
Samples: Loan Agreement (American Leisure Holdings, Inc.), Construction Loan Agreement (American Leisure Holdings, Inc.)
Lost Note. Upon Lender’s furnishing to Borrower Borrowers an affidavit to such effecteffect and an indemnity reasonably acceptable to Borrowers, Borrower Borrowers shall, if the Note is mutilated, destroyed, lost or stolen, deliver to Lender, in substitution therefor, a new note containing the same terms and conditions as the Note.
Appears in 2 contracts
Samples: Loan Agreement (Emeritus Corp\wa\), Loan Agreement (Emeritus Corp\wa\)
Lost Note. Upon Lender’s furnishing to Borrower of an affidavit to such effect, Borrower shall, if the Note is mutilated, destroyed, lost or stolen, deliver to Lender, in substitution therefor, a new note containing the same terms and conditions as the Note.
Appears in 2 contracts
Samples: Construction Loan Agreement (Wellsford Real Properties Inc), Development Loan Agreement (Wellsford Real Properties Inc)
Lost Note. Upon Lender’s furnishing to Borrower an affidavit to such effect, Borrower shall, if the Note is mutilated, destroyed, lost or stolen, deliver to Lender, in substitution therefor, a new note containing the same terms and conditions as the Note.
Appears in 2 contracts
Samples: Loan Agreement (Stratus Properties Inc), Construction Loan Agreement (Stratus Properties Inc)
Lost Note. Upon LenderXxxxxx’s furnishing to Borrower an affidavit to such effect, Borrower shall, if the Note is mutilated, destroyed, lost or stolen, deliver to Lender, in substitution therefor, a new note containing the same terms and conditions as the Note.
Appears in 2 contracts
Samples: Loan Agreement (Nexpoint Diversified Real Estate Trust), Loan Agreement (NexPoint Real Estate Finance, Inc.)
Lost Note. Upon Lender’s Lender furnishing to Borrower an affidavit to such effect, Borrower shall, if stating that the Note is has been mutilated, destroyed, lost or stolen, Borrower shall deliver to Lender, in substitution therefor, a new note containing the same terms and conditions as the Note, with a notation thereon of the unpaid principal balance and accrued and unpaid interest thereon.
Appears in 1 contract
Samples: Deed to Secure Debt, Assignment of Leases and Rents and Security Agreement (Systemax Inc)
Lost Note. Upon Lender’s furnishing to Borrower an affidavit to such effect, Borrower shall, if the Note is mutilated, destroyed, lost or stolen, deliver to Lender, in substitution therefor, a new note containing the same terms and conditions as the Note. Upon execution and delivery of such new note, Lender will indemnify and hold Borrower harmless against duplicate payment pursuant to the original Note if such original Note is presented for payment by a third party.
Appears in 1 contract
Samples: Loan Agreement (Origin Bancorp, Inc. Attn: Chase Anderson)
Lost Note. Upon Lender’s furnishing to Borrower an affidavit to such effect, Borrower shall, if the Note is mutilated, destroyed, lost or stolen, deliver to Lender, in substitution therefor, a new note containing the same terms and conditions as the Note, properly notated to reflect the lost, destroyed, mutilated or stolen original note.
Appears in 1 contract
Samples: Construction Loan Agreement (Bluerock Residential Growth REIT, Inc.)
Lost Note. Upon a Lender’s furnishing delivery to Borrower of an affidavit to such effect, Borrower shall, if the its Note is mutilated, destroyed, lost or stolen, deliver to such Lender, in substitution therefor, a new note containing the same terms and conditions as the Noteconditions.
Appears in 1 contract
Samples: Construction Loan Agreement (Maui Land & Pineapple Co Inc)
Lost Note. Upon Lender’s furnishing to Borrower an affidavit to such effect, Borrower shall, if If the Note is mutilated, destroyed, lost or stolen, then upon Lender’s furnishing to the applicable Borrower an affidavit to such effect, such Borrower shall execute and deliver to Lender, in substitution therefor, a new note Note containing the same terms and conditions as the mutilated, destroyed or stolen Note.
Appears in 1 contract
Samples: Secured Loan Agreement (Adcare Health Systems, Inc)
Lost Note. Upon Lender’s furnishing to Borrower an affidavit to such effect, Borrower shall, if the Note is mutilated, destroyed, lost or stolen, deliver to Lender, in substitution thereforfor such mutilated, destroyed, lost or stolen Note, a new note containing the same terms and conditions as the Note. If Lender later finds the lost or recovers the stolen Note, it shall promptly deliver same to Borrower for cancellation.
Appears in 1 contract
Lost Note. Upon Lender’s furnishing delivery to Borrower of an affidavit to such effect, Borrower shall, if the Note is mutilated, destroyed, lost or stolen, deliver to Lender, in substitution therefor, a new note containing the same terms and conditions as the Noteconditions.
Appears in 1 contract
Samples: Construction Loan Agreement (Maui Land & Pineapple Co Inc)
Lost Note. Upon Lender’s 's furnishing to Borrower an affidavit to such effect, Borrower shall, if the Note is mutilated, destroyed, lost or stolen, deliver to Lender, in substitution therefor, a new note containing the same terms and conditions as the Note.
Appears in 1 contract
Samples: Construction Loan Agreement (Stratus Properties Inc)
Lost Note. Upon Lender’s a Lender furnishing to Borrower an affidavit to such effect, Borrower shall, if the a Note is mutilated, destroyed, lost or stolen, deliver to such Lender, in substitution therefor, a new note containing the same terms and conditions as the Note.
Appears in 1 contract
