Common use of Post Default Clause in Contracts

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, after the expiration of any applicable notice or cure period, Lender 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. In addition, Lender 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 and costs (including those of Lender's in-house counsel) and disbursements actually incurred and/or repairs to the Property.

Appears in 3 contracts

Samples: Replacement Reserve Agreement, Replacement Reserve Agreement (Roberts Realty Investors Inc), Replacement Reserve Agreement (Roberts Realty Investors Inc)

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Post Default. If Borrower defaults in the performance of its obligations under this Agreement or under the Note, Security Instrument Instrument, or any other Loan Document, after the expiration of any applicable notice or cure period, Lender shall will have all remedies available to them Lender under the Loan Documents, under Article 9 of the Uniform Commercial Code of the Mortgaged Property Jurisdiction Jurisdiction, and under any other applicable law. In laws and, in addition, Lender may retain all money moneys in the Replacement Reserve any 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 Instrument, or any other Loan DocumentDocuments, including, but not limited to, including principal, interest, taxes, insurance, reasonable attorneys' fees and costs (including those of Lender's in-house counsel) and disbursements actually incurred incurred, and/or repairs to the Mortgaged Property.

Appears in 1 contract

Samples: Repair and Escrow Agreement

Post Default. If Borrower defaults in the performance of its obligations under this Agreement or under the Note, Security Instrument Instrument, or any other Loan Document, after the expiration of any applicable notice or cure period, Lender shall will have all remedies available to them it under Article 9 of the Uniform Commercial Code of the Mortgaged Property Jurisdiction and under any other applicable law. In addition, Lender may retain all money in the Replacement Reserve 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 Instrument, or any other Loan Document, including, but not limited to, including principal, interest, taxes, insurance, reasonable attorneys' fees and costs (including those of Lender's ’s in-house counsel) ), and disbursements actually incurred and/or repairs to the Mortgaged Property.

Appears in 1 contract

Samples: Replacement Reserve Agreement

Post Default. If Borrower defaults in the performance of its obligations under this Agreement or under the Note, Security Instrument Instrument, or any other Loan Document, after the expiration of any applicable notice or cure period, Lender shall will have all remedies available to them Lender under the Loan Documents, under Article 9 of the Uniform Commercial Code of the Mortgaged Property Jurisdiction Jurisdiction, and under any other applicable law. In laws and, in addition, Lender 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 Instrument, or any other Loan DocumentDocuments, including, but not limited to, including principal, interest, taxes, insurance, reasonable attorneys' fees and costs (including those of Lender's in-house counsel) and disbursements actually incurred incurred, and/or repairs to the Mortgaged Property.

Appears in 1 contract

Samples: Repair Escrow Agreement

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, after the expiration of any applicable notice or cure period, Lender 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. In addition, Lender 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 and costs (including those of Lender's ’s in-house counsel) and disbursements actually incurred and/or repairs to the Property.

Appears in 1 contract

Samples: Replacement Reserve Agreement (Us Realty Partners LTD Partnership)

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Post Default. If Borrower defaults in the performance of its obligations under this Agreement or under the NoteReimbursement Agreement, the Security Instrument or any other Loan Document, after the expiration of any applicable notice or cure period, Lender 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. In addition, Lender may retain all money in the Replacement Reserve 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 NoteReimbursement Agreement, the Security Instrument or any other Loan Document, including, but not limited to, principal, interest, taxes, insurance, reasonable attorneys' fees and costs (including those of Lender's ’s in-house counsel) and disbursements actually incurred and/or repairs to the Property.

Appears in 1 contract

Samples: Replacement Reserve Agreement

Post Default. If Borrower defaults in the performance of its obligations under this Agreement or under the NoteReimbursement Agreement, Security Instrument or any other Loan Document, after the expiration of any applicable notice or cure period, Lender 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. In addition, Lender 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 NoteReimbursement Agreement, Security Instrument or any other Loan Document, including, but not limited to, principal, interest, taxes, insurance, reasonable attorneys' fees and costs (including those of Lender's in-house counsel) and disbursements actually incurred and/or repairs to the Property.

Appears in 1 contract

Samples: Replacement Reserve Agreement

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, after the expiration of any applicable notice or cure period, Lender 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. In addition, Lender may retain all money in the Replacement Reserve 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 Document, including, but not limited to, principal, interest, taxes, insurance, reasonable attorneys' fees and costs (including those of Lender's ’s in-house counsel) and disbursements actually incurred and/or repairs to the Property.

Appears in 1 contract

Samples: Replacement Reserve Agreement (Paladin Realty Income Properties Inc)

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