Post Default. If Borrower defaults in the performance of its obligations under this Agreement or under the Note, Security Instrument or any other Loan Document, Lender and its successors and assigns shall have all remedies available to them under Article 9 of the Uniform Commercial Code of the Jurisdiction and under any other applicable law and, in addition, may retain all money in the Replacement Reserve Fund, including interest, and in Lender's discretion, may apply such amounts, without restriction and without any specific order of priority, to the payment of any and all indebtedness or obligations of Borrower set forth in the Note, Security Instrument or any other Loan Document, including, but not limited to, principal, interest, taxes, insurance, reasonable attorneys' fees actually incurred and/or repairs to the Property.
Appears in 4 contracts
Samples: Memorandum of Understanding, Replacement Reserve Agreement (Fox Strategic Housing Income Partners), Memorandum of Understanding
Post Default. If Borrower defaults in the performance of its obligations under this Agreement or under the Note, Security Instrument or any other Loan Document, Lender and its successors and assigns shall have all remedies available to them under Article 9 of the Uniform Commercial Code of the Property Jurisdiction and under any other applicable law laws and, in addition, may retain all money moneys in the Replacement Reserve Repair Escrow Fund, including interest, and in Lender's ’s discretion, may apply such amounts, without restriction and without any specific order of priority, to the payment of any and all indebtedness or obligations of Borrower set forth in the Note, Security Instrument or any other Loan DocumentDocuments, including, but not limited to, principal, interest, taxes, insurance, reasonable attorneys' ’ fees actually incurred and/or repairs to the Property.
Appears in 2 contracts
Samples: Repair Escrow Agreement, Repair Escrow Agreement (Paladin Realty Income Properties Inc)
Post Default. If Borrower defaults in the performance of its obligations under this Agreement or under the Note, Security Instrument or any other Loan Document, Lender and its successors and assigns shall have all remedies available to them under Article 9 of the Uniform Commercial Code of the Jurisdiction and under any other applicable law laws and, in addition, may retain all money moneys in the Replacement Reserve Repair Escrow Fund, including interest, and in Lender's ’s discretion, may apply such amounts, without restriction and without any specific order of priority, to the payment of any and all indebtedness or obligations of Borrower set forth in the Note, Security Instrument or any other Loan DocumentDocuments, including, but not limited to, principal, interest, taxes, insurance, reasonable attorneys' ’ fees actually incurred and/or repairs to the Property.
Appears in 2 contracts
Samples: Repair Escrow Agreement, Repair Escrow Agreement (Paladin Realty Income Properties Inc)
Post Default. If Borrower defaults in the performance of its obligations under this Agreement or under the Note, Security Instrument or any other Loan Document, Lender and its successors and assigns shall have all remedies available to them under Article 9 of the Uniform Commercial Code of the Jurisdiction and under any other applicable law laws and, in addition, may retain all money moneys in the Replacement Reserve Repair Escrow Fund, including interest, and in Lender's discretion, may apply such amounts, without restriction and without any specific order of priority, to the payment of any and all indebtedness or obligations of Borrower set forth in the Note, Security Instrument or any other Loan DocumentDocuments, including, but not limited to, principal, interest, taxes, insurance, reasonable attorneys' fees actually incurred and/or repairs to the Property.
Appears in 2 contracts
Samples: Repair Escrow Agreement (Fox Strategic Housing Income Partners), Repair Escrow Agreement (Fox Strategic Housing Income Partners)
Post Default. If Borrower defaults in the performance of its obligations under this Agreement or under the Note, Security Instrument or any other Loan Document, Lender and its successors and assigns shall have all remedies available to them under Article 9 of the Uniform Commercial Code of the Jurisdiction and under any other applicable law laws and, in addition, may retain all money moneys in the Replacement Reserve Repair Escrow Fund, including interest, and in Lender's discretion, may apply such amounts, without restriction and without any specific order of priority, to the payment of any and all indebtedness or obligations of Borrower set forth in the Note, Security Instrument or any other Loan DocumentDocuments, including, but not limited to, principal, interest, taxes, insurance, reasonable attorneys' fees actually incurred and/or repairs to the Property.
Appears in 2 contracts
Samples: Repair Escrow Agreement, Repair Escrow Agreement (Angeles Income Properties LTD Ii)