Common use of Notice of Grievance Clause in Contracts

Notice of Grievance. Until Borrower or Lender has notified the other party (in accordance with Section 16) of an alleged breach and afforded the other party a reasonable period after the giving of such notice to take corrective action, neither Borrower nor Lender may commence, join, or be joined to any judicial action (either as an individual litigant or a member of a class) that (a) arises from the other party’s actions pursuant to this Security Instrument or the Note, or (b) alleges that the other party has breached any provision of this Security Instrument or the Note. If Applicable Law provides a time period that must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this Section 23. The notice of Default given to Borrower pursuant to Section 26(a) and the notice of acceleration given to Borrower pursuant to Section 19 will be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 23.

Appears in 114 contracts

Samples: Deed of Trust, Security Deed, Deed of Trust

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Notice of Grievance. Until Borrower or Lender has notified the other party (in accordance with Section 1611) of an alleged breach and afforded the other party a reasonable period after the giving of such notice to take corrective action, neither Borrower nor Lender may commence, join, or be joined to any judicial action (either as an individual litigant or a member of a class) that (a) arises from the other party’s actions pursuant to this Security Instrument or the Note, or (b) alleges that the other party has breached any provision of this Security Instrument or the Note. If Applicable Law provides a time period that must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this Section 2318. The notice of Default given to Borrower pursuant to Section 26(a20(a) and the notice of acceleration given to Borrower pursuant to Section 19 14 will be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 2318.

Appears in 22 contracts

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

Notice of Grievance. Until Borrower or Lender has notified the other party (in accordance with Section 16) of an alleged breach and afforded the other party a reasonable period after the giving of such notice to take corrective action, neither Borrower nor Lender may commence, join, or be joined to any judicial action (either as an individual litigant or a member of a class) that (a) arises from the other party’s actions pursuant to this Security Instrument or the Note, or (b) alleges that the other party has breached any provision of this Security Instrument or the Note. If Applicable Law provides a time period that must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this Section 23. The notice notification of Default given to Borrower pursuant to Section 26(a) and the notice of acceleration given to Borrower pursuant to Section 19 will be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 23.

Appears in 3 contracts

Samples: Deed of Trust, Deed of Trust, Deed of Trust

Notice of Grievance. Until Borrower Lender or Lender has I have notified the other party (in accordance with Section 16) of an alleged breach and afforded the other party a reasonable period after the giving of such notice to take corrective action, neither Borrower Lender nor Lender I may commence, start a lawsuit or legal proceeding or join, or be joined to any judicial action to, an existing lawsuit (either such as an individual litigant or a member of a classclass action) that (a) arises from the other party’s actions pursuant to this Security Instrument or the NoteNote or that claims the other party broke any promise or failed to fulfill any duty under this Security Instrument, or (b) alleges that the other party has breached not fulfilled any provision of its obligations under this Security Instrument or the Note. If Applicable Law provides a time period that must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this Section 23. The notice of Default given to Borrower pursuant to Section 26(a) and the notice of acceleration given to Borrower pursuant to me under Section 19 will be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 23. All rights under this Section 23 are subject to Applicable Law.

Appears in 2 contracts

Samples: Mortgage, Mortgage

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Notice of Grievance. Until Borrower Lender or Lender has I have notified the other party (in accordance with Section 16) of an alleged breach and afforded the other party a reasonable period after the giving of such notice to take corrective action, neither Borrower Lender nor Lender I may commence, start a lawsuit or legal proceeding or join, or be joined to any judicial action to, an existing lawsuit (either such as an individual litigant or a member of a classclass action) that (a) arises from the other party’s actions pursuant to this Security Instrument or the NoteNote or that claims the other party broke any promise or failed to fulfill any duty under this Security Instrument, or (b) alleges that the other party has breached not fulfilled any provision of its obligations under this Security Instrument or the Note. If Applicable Law provides a time period that must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this Section 23. The notice of Default and opportunity to cure given to Borrower me pursuant to Section 26(a) and the notice of acceleration given to Borrower pursuant to me under Section 19 will be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 23.

Appears in 2 contracts

Samples: Mortgage, Mortgage

Notice of Grievance. Until Borrower or Lender has notified the other party (in accordance with Section 1611) of an alleged breach and afforded the other party a reasonable period after the giving of such notice to take corrective action, neither Borrower nor Lender may commence, join, or be joined to any judicial action (either as an individual litigant or a member of a class) that (a) arises from the other party’s actions pursuant to this Security Instrument or the Note, or (b) alleges that the other party has breached any provision of this Security Instrument or the Note. If Applicable Law provides a time period that must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this Section 2318. The notice notification of Default given to Borrower pursuant to Section 26(a20(a) and the notice of acceleration given to Borrower pursuant to Section 19 14 will be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 2318.

Appears in 1 contract

Samples: Subordinate Deed of Trust

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