Payments by Lender. Should any amount required to be paid under any Loan Document be unpaid, such amount may be paid by Lender, which payment shall be deemed a request for an Advance under the Revolving Facility as of the date such payment is due, and Borrower irrevocably authorizes disbursement of any such funds to Lender by way of direct payment of the relevant amount, interest or Obligations. No payment or prepayment of any amount by Lender or any other Person shall entitle any Person to be subrogated to the rights of Lender under any Loan Document unless and until the Obligations have been fully performed and paid irrevocably in cash and this Agreement has been terminated. Any sums expended by Lender as a result of any Borrower’s or any Guarantor’s failure to pay, perform or comply with any Loan Document or any of the Obligations may be charged to Borrower’s account as an Advance under the Revolving Facility and added to the Obligations.
Payments by Lender. If Borrower shall fail to make any payment or perform any act required hereunder (including, but not limited to, maintenance of any insurance required by Section 10), then Lender may, but shall not be required to, after such notice to Borrower as is reasonable under the circumstances, make such payment or perform such act with the same effect as if made or performed by Borrower. Borrower will upon demand reimburse Lender for all sums paid and all reasonable costs and expenses incurred in connection with the performance of any such act.
Payments by Lender. The Lender shall fund the Loan to Borrower, as requested by Borrower, by wire transfer of immediately available funds by 11:00 a.m. Houston, Texas time to the account of the Borrower as designated by the Borrower for such purpose by written notice to the Lender.
Payments by Lender. If you are authorized to pay, on my behalf, charges I am obligated to pay (such as property insurance premiums), then you may treat those payments as advances and add them to the unpaid principal under this note, or you may demand immediate payment of the charges. SET-OFF: I agree that you may set off any amount due and payable under this note against any right I have to receive money from you. "Right to receive money from you" means:
Payments by Lender. If you are authorized to pay, on my behalf, charges I am obligated to pay (such as property insurance premiums), then you may treat those payments made by you as advances and add them to the unpaid principal under this note, or you may demand immediate payment of the charges.SET-OFF: I agree that you may set off any amount due and payable under this note against any right I have to receive money from you. “Right to receive money from you “ means: any deposit account balance I have with you; any money owed to me on an item presented to you or in your possession for collection or exchange; and any repurchase agreement or other nondeposit obligation.“Any amount due and payable under this note” means the total amount of which you are entitled to demand payment under the terms of this note at the time you set off. This total includes any balance the due date for which you properly accelerate under this note.If my right to receive money from you is also owned by someone who has not agreed to pay this note, your right of set-off will apply to my interest in the obligation and to any other amounts I could withdraw on my sole request or endorsement. Your right of set-off does not apply to an account or other obligation where my rights are only as a representative. It also does not apply to any individual Retirement Account or other tax-deferred retirement axxxxxx.Xxx will not be liable for the dishonor of any check when the dishonor occurs because you set off this debt against any of my accounts. I agree to hold you harmless from any such claims arising as a result of your exercise of your right of set-off.
Payments by Lender. Lender may apply amounts due under this Agreement to the satisfaction of the conditions hereof, and amounts so applied shall be part of the Loan and shall be secured by the Mortgage and shall have the same lien priority as had the Mortgage at its inception.
Payments by Lender. If Borrower neglects or refuses to pay the charges mentioned in Section 2 above, or fails to maintain the Mortgaged Property as aforesaid, Lender may do so, add the cost thereof to the Debt and collect the same from Borrower on demand with interest thereon until paid at a rate equal to the "Applicable Rate" set forth in the Note.
Payments by Lender. Upon any failure by Guarantor to observe or perform any covenant of this Agreement or if any representation in this Agreement is or becomes false, Lender may, at its option and in any manner reasonable under the circumstances, make any advance or incur any expense or otherwise act in its judgment as may seem advisable to protect Lender's security interest in any of the Collateral or carry out the covenants of Guarantor or make true any representation of Guarantor. All advances, costs and expenses (including reasonable attorney's fees) made, paid or incurred by Lender under this Agreement for the protection of Lender's security or rights in connection with the Collateral or in foreclosure proceedings commenced and subsequently abandoned, or in any dispute or litigation to which Lender or the holder of the Note may become involved by reason of or arising out of this Agreement, or to carry out any Obligation of Guarantor, shall be paid by Guarantor to Lender upon demand with interest from the date of advance or payment, until repaid, at the maximum default rate provided in the Note. All sums payable by Guarantor to the Lender under this Section shall be additional Obligations of Guarantor, secured by the lien of this Agreement. Nothing in this Section shall require Lender to incur any cost or expense or take any action.
Payments by Lender. At its option, but without any liability for failure to do so, Lender may pay for insurance on the Collateral and taxes, assessments or other charges which Borrowers fails to pay in accordance with the provisions hereof, and may discharge any security interest in or lien upon the Collateral. No such payment or discharge of any such security interest or lien shall be deemed to constitute a waiver by Lender of the violation of any covenant hereunder by Borrowers as a result of Borrower's failure to make any such payment or Borrower's suffering of any such security interest or lien. Any payment made or expense incurred by Lender pursuant to this or any other provision hereof shall be added to the indebtedness of Borrowers to Lender, and shall bear interest at the highest rate payable under the Notes and shall be payable on demand.
Payments by Lender. Upon the failure of the Grantor to pay any installment due under the Note or other charges above-mentioned as they become due and payable, or to pay any other of the debts or liens above-mentioned at the time above mentioned, or to keep and maintain the Property in good repair and good condition, or to insure the Property, or to deliver the policies of insurance as herein agreed, or to perform any of the covenants and agreements herein, Lender is hereby authorized, at its option, as applicable: to insure the Property, and/or any part hereof, and to pay the costs of such insurance, or to pay such taxes, liens, assessments, cost of repair and/or maintenance and/or other charges herein mentioned, or any part thereof, or to remedy the Grantor’s failure to perform hereunder and to pay the costs associated therewith. The Grantor shall refund on demand all sums so paid, with interest thereon at the Default Interest Rate as defined in the Note. The Security Instrument shall stand as security for all sums so paid, which shall become a part of the indebtedness hereby secured; provided, however, that the retention of a lien hereunder for any sums so paid shall not be a waiver of any subrogation or substitution which Lender might otherwise have had. In the event that (a) the Grantor shall fail to keep the Property insured in the manner and at the times herein provided, (b) any installment of interest or payment of principal is not paid at or within the time required by terms of the Note, (c) the actual demolition or removal of any of the Property is threatened, (d) the Grantor fails to timely do any of the things herein agreed to be done, or (e) there occurs any breach of any of the terms hereof or of the Note, then, and in any of such event, and when same shall constitute an Event of Default hereunder, whether or not Lender has paid any of the taxes, liens or other charges, or procured the insurance, or remedied the Grantor’s failure to perform, all as mentioned above, Lender shall be entitled to exercise any or all remedies provided for or referred to in this Security Instrument.
