Common use of Payments After Senior Security Instrument Default Clause in Contracts

Payments After Senior Security Instrument Default. Xxxxxxxx agrees that, after it receives notice (or otherwise acquires knowledge) of a Senior Security Instrument Default, it will not make any pay­ments under or pursuant to the Subordinate Loan Documents (including but not limited to principal, interest, additional interest, late payment charges, default interest, attorney's fees, or any other sums secured by the Subordinate Mortgage) without Senior Xxxxxx's prior written consent. Subordinate Xxxxxx agrees that, after it receives a default notice from Senior Lender with written instructions directing Subordinate Lender not to accept payments from Project Sources on account of the Subordinate Loan, it will not accept any payments under or pursuant to the Subordinate Loan Documents (including but not limited to principal, interest, additional interest, late payment charges, default interest, attorney's fees, or any other sums secured by the Subordinate Mortgage) unless either (i) such payment is being made solely from Non-Project Sources or (ii) such payment is made with Senior Xxxxxx's prior written consent. If Subordinate Xxxxxx receives written notice from Senior Lender that the Senior Security Instrument Default which gave rise to Subordinate Lender's obligation not to accept payments has been cured, waived, or otherwise suspended by Senior Lender, the restrictions on payment to Subordinate Lender in this Section 5 shall terminate, and Senior Lender shall have no right to any subsequent payments made to Subordinate Lender by Borrower prior to Subordinate Xxxxxx's receipt of a new default notice from Senior Lender in accordance with the provisions of this Section 5(d).

Appears in 11 contracts

Samples: Subordination Agreement, Subordination Agreement, Subordination Agreement

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Payments After Senior Security Instrument Default. Xxxxxxxx agrees that, after it receives notice (or otherwise acquires knowledge) of a Senior Security Instrument Default, it will not make any pay­ments under or pursuant to the Subordinate Loan Documents (including but not limited to principal, interest, additional interest, late payment charges, default interest, attorney's attorneys’ fees, or any other sums secured by the Subordinate Mortgage) without Senior Xxxxxx's ’s prior written consent. Subordinate Xxxxxx agrees that, after it receives a default notice from Senior Lender with written instructions directing Subordinate Lender not to accept payments from Project Sources on account of the Subordinate Loan, it will not accept any payments under or pursuant to the Subordinate Loan Documents (including but not limited to principal, interest, additional interest, late payment charges, default interest, attorney's attorneys’ fees, or any other sums secured by the Subordinate Mortgage) unless either (i) such payment is being made solely from Non-Project Sources or (ii) such payment is made with Senior Xxxxxx's ’s prior written consent. If Subordinate Xxxxxx receives written notice from Senior Lender that the Senior Security Instrument Default which gave rise to Subordinate Lender's ’s obligation not to accept payments has been cured, waived, or otherwise suspended by Senior Lender, the restrictions on payment to Subordinate Lender in this Section 5 shall terminate, and Senior Lender shall have no right to any subsequent payments made to Subordinate Lender by Borrower prior to Subordinate Xxxxxx's ’s receipt of a new default notice from Senior Lender in accordance with the provisions of this Section 5(d).

Appears in 7 contracts

Samples: Subordination Agreement, Subordination Agreement, Subordination Agreement

Payments After Senior Security Instrument Default. Xxxxxxxx agrees that, after it receives notice (or otherwise acquires knowledge) of a Senior Security Instrument Default, it will not make any pay­ments payments under or pursuant to the Subordinate Loan Documents (including but not limited to principal, interest, additional interest, late payment charges, default interest, attorney's fees, or any other sums secured by the Subordinate Mortgage) without Senior Xxxxxx's prior written consent. Subordinate Xxxxxx agrees that, after it receives a default notice from Senior Lender with written instructions directing Subordinate Lender not to accept payments from Project Sources on account of the Subordinate Loan, it will not accept any payments under or pursuant to the Subordinate Loan Documents (including but not limited to principal, interest, additional interest, late payment charges, default interest, attorney's fees, or any other sums secured by the Subordinate Mortgage) unless either (i) such payment is being made solely from Non-Project Sources or (ii) such payment is made with Senior Xxxxxx's prior written consent. If Subordinate Xxxxxx receives written notice from Senior Lender that the Senior Security Instrument Default which gave rise to Subordinate Lender's obligation not to accept payments has been cured, waived, or otherwise suspended by Senior Lender, the restrictions on payment to Subordinate Lender in this Section 5 shall terminate, and Senior Lender shall have no right to any subsequent payments made to Subordinate Lender by Borrower prior to Subordinate Xxxxxx's receipt of a new default notice from Senior Lender in accordance with the provisions of this Section 5(d).

Appears in 2 contracts

Samples: Subordination Agreement, Subordination Agreement

Payments After Senior Security Instrument Default. Xxxxxxxx agrees that, after it receives notice (or otherwise acquires knowledge) of a Senior Security Instrument Default, it will not make any pay­ments payments under or pursuant to the Subordinate Loan Documents (including but not limited to principal, interest, additional interest, late payment charges, default interest, attorney's ’s fees, or any other sums secured by the Subordinate Mortgage) without Senior Xxxxxx's ’s prior written consent. Subordinate Xxxxxx agrees that, after it receives a default notice from Senior Lender with written instructions directing Subordinate Lender not to accept payments from Project Sources on account of the Subordinate Loan, it will not accept any payments under or pursuant to the Subordinate Loan Documents (including but not limited to principal, interest, additional interest, late payment charges, default interest, attorney's ’s fees, or any other sums secured by the Subordinate Mortgage) unless either (i) such payment is being made solely from Non-Project Sources or (ii) such payment is made with Senior Xxxxxx's ’s prior written consent. If Subordinate Xxxxxx receives written notice from Senior Lender that the Senior Security Instrument Default which gave rise to Subordinate Lender's ’s obligation not to accept payments has been cured, waived, or otherwise suspended by Senior Lender, the restrictions on payment to Subordinate Lender in this Section 5 shall terminate, and Senior Lender shall have no right to any subsequent payments made to Subordinate Lender by Borrower prior to Subordinate Xxxxxx's ’s receipt of a new default notice from Senior Lender in accordance with the provisions of this Section 5(d).

Appears in 2 contracts

Samples: Subordination Agreement, Subordination Agreement

Payments After Senior Security Instrument Default. Xxxxxxxx agrees that, after it receives notice (or otherwise acquires knowledge) of a Senior Security Instrument Default, it will not make any pay­ments payments under or pursuant to the Subordinate Loan Documents (including but not limited to principal, interest, additional interest, late payment charges, default interest, attorney's attorneys’ fees, or any other sums secured by the Subordinate MortgageSecurity Instrument) without Senior Xxxxxx's the prior written consentconsent of HUD or Senior Lender. Subordinate Xxxxxx agrees that, after it receives a default notice from Senior Lender with written instructions directing Subordinate Lender not to accept payments from Project Sources on account of the Subordinate Loan, it will not accept any payments under or pursuant to the Subordinate Loan Documents (including but not limited to principal, interest, additional interest, late payment charges, default interest, attorney's attorneys’ fees, or any other sums secured by the Subordinate MortgageSecurity Instrument) unless either (i) such payment is being made solely from Non-Project Sources or (ii) such payment is made with Senior Xxxxxx's the prior written consentconsent of HUD or Senior Lender. If Subordinate Xxxxxx receives written notice from Senior Lender that the Senior Security Instrument Default which gave rise to Subordinate Lender's ’s obligation not to accept payments has been cured, waived, or otherwise suspended by Senior Lender, the restrictions on payment to Subordinate Lender in this Section 5 shall terminate, and Senior Lender shall have no right to any subsequent payments made to Subordinate Lender by Borrower prior to Subordinate Xxxxxx's ’s receipt of a new default notice from Senior Lender in accordance with the provisions of this Section 5(d).

Appears in 1 contract

Samples: Supplemental Subordination Agreement

Payments After Senior Security Instrument Default. Xxxxxxxx agrees that, after it receives notice (or otherwise acquires knowledge) of a Senior Security Instrument Default, it will not make any pay­ments payments under or pursuant to the Subordinate Loan Documents (including but not limited to principal, interest, additional interest, late payment charges, default interest, attorney's fees, or any other sums secured by the Subordinate MortgageMortgages) without Senior Xxxxxx's prior written consent. Each Subordinate Xxxxxx agrees that, after it receives a default notice from Senior Lender with written instructions directing Subordinate Lender not to accept payments from Project Sources on account of the Subordinate LoanLoans, it will not accept any payments under or pursuant to the Subordinate Loan Documents (including but not limited to principal, interest, additional interest, late payment charges, default interest, attorney's fees, or any other sums secured by the Subordinate MortgageMortgages) unless either (i) such payment is being made solely from Non-Project Sources or (ii) such payment is made with Senior Xxxxxx's prior written consent. If Subordinate Xxxxxx receives Lenders receive written notice from Senior Lender that the Senior Security Instrument Default which gave rise to Subordinate Lender's Lenders’ obligation not to accept payments has been cured, waived, or otherwise suspended by Senior Lender, the restrictions on payment to Subordinate Lender Lenders in this Section 5 shall terminate, and Senior Lender shall have no right to any subsequent payments made to Subordinate Lender Lenders by Borrower prior to Subordinate Xxxxxx's Xxxxxxx’ receipt of a new default notice from Senior Lender in accordance with the provisions of this Section 5(d).

Appears in 1 contract

Samples: Subordination Agreement

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Payments After Senior Security Instrument Default. Xxxxxxxx agrees that, after it receives notice (or otherwise acquires knowledge) of a Senior Security Instrument Default, it will not make any pay­ments payments under or pursuant to the Subordinate Loan Documents (including but not limited to principal, interest, additional interest, late payment charges, default interest, attorney's fees, or any other sums secured by the Subordinate Mortgage) without Senior Xxxxxx's prior written consent. Subordinate Xxxxxx Lender agrees that, after it receives a default notice from Senior Lender with written instructions directing Subordinate Lender not to accept payments from Project BorrowerProject Sources on account of the Subordinate Loan, it will not accept any payments under or pursuant to the Subordinate Loan Documents (including but not limited to principal, interest, additional interest, late payment charges, default interest, attorney's fees, or any other sums secured by the Subordinate Mortgage) unless withoutunless either (i) such payment is being made solely from Non-Project Sources or (ii) such payment is made with Senior Xxxxxx's prior written consent. If Subordinate Xxxxxx receives written notice from Senior Lender that the Senior Security Instrument Default which gave rise to Subordinate Lender's obligation not to accept payments has been cured, waived, or otherwise suspended by Senior Lender, the restrictions on payment to Subordinate Lender in this Section 5 45 shall terminate, and Senior Lender shall have no right to any subsequent payments made to Subordinate Lender by Borrower prior to Subordinate Xxxxxx's receipt of a new default notice from Senior Lender in accordance with the provisions of this Section 5(d).

Appears in 1 contract

Samples: Subordination Agreement

Payments After Senior Security Instrument Default. Xxxxxxxx Borrower agrees that, after it receives notice (or otherwise acquires knowledge) of a default in the Senior Security Instrument Default(whether monetary or otherwise), it will not make any pay­ments payments under or pursuant to the Subordinate Loan Documents (including but not limited to principal, principal interest, additional interest, late payment charges, default interest, interest or attorney's ’s fees, or any other sums secured by the Subordinate Mortgage) without Senior Xxxxxx's Lender’s prior written consent. Subordinate Xxxxxx Lender agrees that, after it receives a default notice from Senior Lender with written instructions directing Subordinate Lender not to accept payments from Project Sources on account of the Subordinate Loan, it will not accept any payments under or pursuant to the Subordinate Loan Documents (including but not limited to principal, interest, additional interest, late payment charges, default interest, interest or attorney's ’s fees, or any other sums secured by the Subordinate Mortgage) unless either (i) such payment is being made solely from Non-Project Sources or (ii) such payment is made with Senior Xxxxxx's Lender’s prior written consent. If Subordinate Xxxxxx Lender receives written notice from Senior Lender that the Senior Security Instrument Default which gave rise to Subordinate Lender's ’s obligation not to accept payments has been cured, waived, or otherwise suspended by Senior Lender, the restrictions on payment to Subordinate Lender in this Section 5 shall terminate, and Senior Lender shall have no right to any subsequent payments made in accordance with the terms hereof to Subordinate Lender by Borrower prior to Subordinate Xxxxxx's Lender’s receipt of a new default notice from Senior Lender in accordance with the provisions of this Section 5(d)5.

Appears in 1 contract

Samples: Subordination and Acknowledgment Agreement

Payments After Senior Security Instrument Default. Xxxxxxxx agrees that, after it receives 266 notice (or otherwise acquires knowledge) of a Senior Security Instrument Default, it will not make 267 any pay­ments payments under or pursuant to the Subordinate Loan Documents (including but not limited to 268 principal, interest, additional interest, late payment charges, default interest, attorneys’ fees, or any 269 other sums secured by the Subordinate Mortgage) without Senior Xxxxxx’s prior written consent. 270 Subordinate Xxxxxx agrees that, after it receives a default notice from Senior Lender with written 271 instructions directing Subordinate Xxxxxx not to accept payments from Project Sources on account 272 of the Subordinate Loan, it will not accept any payments under or pursuant to the Subordinate Loan 273 Documents (including but not limited to principal, interest, additional interest, late payment charges, 274 default interest, attorney's fees, or any other sums secured by the Subordinate Mortgage) without Senior Xxxxxx's prior written consent. Subordinate Xxxxxx agrees that, after it receives a default notice from Senior Lender with written instructions directing Subordinate Lender not to accept payments from Project Sources on account of the Subordinate Loan, it will not accept any payments under or pursuant to the Subordinate Loan Documents (including but not limited to principal, interest, additional interest, late payment charges, default interest, attorney's attorneys’ fees, or any other sums secured by the Subordinate Mortgage) unless 275 either (i) such payment is being made solely from Non-Project Sources or (ii) such payment is made 276 with Senior Xxxxxx's ’s prior written consent. If Subordinate Xxxxxx receives written notice from 277 Senior Lender that the Senior Security Instrument Default which gave rise to Subordinate Lender's Xxxxxx’s 278 obligation not to accept payments has been cured, waived, or otherwise suspended by Senior 279 Lender, the restrictions on payment to Subordinate Lender in this Section 5 shall terminate, and 280 Senior Lender shall have no right to any subsequent payments made to Subordinate Lender by 281 Borrower prior to Subordinate Xxxxxx's ’s receipt of a new default notice from Senior Lender in 282 accordance with the provisions of this Section 5(d).. 283

Appears in 1 contract

Samples: Subordination Agreement

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