Relationship of Parties; No Third Party Beneficiary. (a) The relationship between Lender and Borrower will be solely that of creditor and debtor, respectively, and nothing contained in this Instrument will create any other relationship between Lender and Borrower. Nothing contained in this Instrument will constitute Lender as a joint venturer, partner or agent of Borrower, or render Lender liable for any debts, obligations, acts, omissions, representations or contracts of Borrower. (b) No creditor of any party to this Instrument and no other Person will be a third party beneficiary of this Instrument or any other Loan Document. Without limiting the generality of the preceding sentence, (i) any arrangement ("Servicing Arrangement") between Lender and any Loan Servicer for loss sharing or interim advancement of funds will constitute a contractual obligation of such Loan Servicer that is independent of the obligation of Borrower for the payment of the Indebtedness, (ii) Borrower will not be a third party beneficiary of any Servicing Arrangement, and (iii) no payment by the Loan Servicer under any Servicing Arrangement will reduce the amount of the Indebtedness. 18.
Appears in 2 contracts
Samples: Rents and Security Agreement (Steadfast Income REIT, Inc.), Rents and Security Agreement (Steadfast Apartment REIT, Inc.)
Relationship of Parties; No Third Party Beneficiary. (a) The relationship between Lender Xxxxxx and Borrower Xxxxxxxx will be solely that of creditor and debtor, respectively, and nothing contained in this Instrument Loan Agreement will create any other relationship between Lender Xxxxxx and Borrower. Nothing contained in this Instrument Loan Agreement will constitute Lender as a joint venturer, partner or agent of Borrower, or render Lender liable for any debts, obligations, acts, omissions, representations or contracts of Borrower. (b) No creditor of any party to this Instrument Loan Agreement and no other Person will be a third third-party beneficiary of this Instrument Loan Agreement or any other Loan Document. Without limiting the generality of the preceding sentence, : (i) any arrangement ("βServicing Arrangement"β) between Lender and any Loan Servicer for loss sharing or interim advancement of funds will constitute a contractual obligation of such Loan Servicer that is independent of the obligation of Borrower for the payment of the Indebtedness, (ii) Borrower will not be a third third-party beneficiary of any Servicing Arrangement, and (iii) no payment by the Loan Servicer under any Servicing Arrangement will reduce the amount of the Indebtedness. 18.11.07
Appears in 1 contract
Samples: Multifamily Loan and Security Agreement (Steadfast Income REIT, Inc.)
Relationship of Parties; No Third Party Beneficiary. (a) The relationship between Lender Xxxxxx and Borrower Xxxxxxxx will be solely that of creditor and debtor, respectively, and nothing contained in this Instrument will create any other relationship between Lender Xxxxxx and Borrower. Nothing contained in this Instrument will constitute Lender as a joint venturer, partner or agent of Borrower, or render Lender liable for any debts, obligations, acts, omissions, representations or contracts of Borrower. (b) No creditor of any party to this Instrument and no other Person will be a third party beneficiary of this Instrument or any other Loan Document. Without limiting the generality of the preceding sentence, (i) any arrangement ("Servicing Arrangement") between Lender and any Loan Servicer for loss sharing or interim advancement of funds will constitute a contractual obligation of such Loan Servicer that is independent of the obligation of Borrower for the payment of the Indebtedness, (ii) Borrower will not be a third party beneficiary of any Servicing Arrangement, and (iii) no payment by the Loan Servicer under any Servicing Arrangement will reduce the amount of the Indebtedness. 18.
Appears in 1 contract
Samples: Rents and Security Agreement (Steadfast Apartment REIT, Inc.)