Common use of Right to Perform Borrower’s Covenants Clause in Contracts

Right to Perform Borrower’s Covenants. If Borrower has failed to keep or perform any covenant whatsoever contained in any of the Loan Documents, Lender may, but shall not be obligated to any Person to do so, perform or attempt to perform said covenant, and any payment made or expense incurred (individually or collectively, a “Protective Advance”) in the performance or attempted performance of any such covenant shall be and become a part of the Obligations, and Borrower promises to pay to Lender, at the place where the Note is payable, all sums so advanced or paid by Lender, with interest from the date when paid or incurred by Lender at the Default Rate upon the earlier of the date that is ninety (90) days after Lender made the Protective Advance and five (5) days after Borrower receives written demand from Lender. No such payment by Lender shall constitute a waiver of any Event of Default. In addition to the Liens hereof, Lender shall be subrogated to all rights, titles, Liens securing the payment of any debt, claim, tax or assessment for the payment of which Lender may make an advance, or which Lender may pay.

Appears in 2 contracts

Samples: Loan Agreement (RREEF Property Trust, Inc.), Loan Agreement (Strategic Student & Senior Housing Trust, Inc.)

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Right to Perform Borrower’s Covenants. If Borrower has failed to keep or perform any covenant whatsoever contained in any of the Loan Documents, Lender may, but shall not be obligated to any Person to do so, perform or attempt to perform said covenant, and any payment made or expense incurred (individually or collectively, a “Protective Advance”) in the performance or attempted performance of any such covenant shall be and become a part of the Obligations, and Borrower promises to pay to Lender, at the place where the Note is payable, all sums so advanced or paid by Lender, with interest from the date when paid or incurred by Lender at the Default Rate upon the earlier of the date that is ninety (90) days after Lender made the Protective Advance and five (5) days Business Days after Borrower receives written demand from Lender. No such payment by Lender shall constitute a waiver of any Event of Default. In addition to the Liens hereof, Lender shall be subrogated to all rights, titles, Liens securing the payment of any debt, claim, tax or assessment for the payment of which Lender may make an advance, or which Lender may pay.

Appears in 1 contract

Samples: Loan Agreement (New York City REIT, Inc.)

Right to Perform Borrower’s Covenants. If Borrower has failed to keep or perform any covenant whatsoever contained in any of this Mortgage or the other Loan Documents, Lender may, but shall not be obligated to any Person person to do so, perform or attempt to perform said covenant, and any payment made or expense incurred (individually or collectively, a “Protective Advance”) in the performance or attempted performance of any such covenant shall be and become a part of the ObligationsIndebtedness, and Borrower promises promises, upon demand, to pay to Lender, at the place where the Note is payable, all sums so advanced or paid by Lender, with interest from the date when paid or incurred by Lender at the Default Rate upon the earlier of the date that is ninety (90) days after Lender made the Protective Advance and five (5) days after Borrower receives written demand from LenderInterest Rate. No such payment by Lender shall constitute a waiver of any Event of Default. In addition to the Liens liens and security interests hereof, Lender shall be subrogated to all rights, titles, Liens liens, and security interests securing the payment of any debt, claim, tax tax, or assessment for the payment of which Lender may make an advance, or which Lender may pay.

Appears in 1 contract

Samples: Security Agreement and Financing Statement (Inland Real Estate Income Trust, Inc.)

Right to Perform Borrower’s Covenants. If Borrower has failed to keep or perform any covenant whatsoever contained in any of the Loan Documents, Lender may, but shall not be obligated to any Person person to do so, perform or attempt to perform said covenantany covenant of Borrower, and any payment made or expense incurred (individually or collectively, a “Protective Advance”) in the performance or attempted performance of any such covenant shall be and become a part of the ObligationsIndebtedness, and Borrower promises Bxxxxxxx promises, upon demand, to pay to Lender, at the place where the Note is payable, all sums so advanced or paid by LenderLxxxxx, with interest from the date when paid or incurred by Lender at the Default Rate upon the earlier of the date that is ninety (90) days after Lender made the Protective Advance and five (5) days after Borrower receives written demand from LenderInterest Rate. No such payment by Lender shall constitute a waiver of any Event of Default. In addition to the Liens liens and security interests hereof, Lender Lxxxxx shall be subrogated to all rights, titles, Liens liens, and security interests securing the payment of any debt, claim, tax tax, or assessment for the payment of which Lender may make an advance, or which Lender may pay.. DEED OF TRUST, ASSIGNMENT OF RENTS,SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT – Page 8

Appears in 1 contract

Samples: Security Agreement and Fixture Financing Statement (Parks America, Inc)

Right to Perform Borrower’s Covenants. If Borrower has failed to keep or perform any covenant whatsoever contained in any of the Loan Documents, Lender may, but shall not be obligated to any Person to do so, perform or attempt to perform said covenant, and any payment made or expense incurred (individually or collectively, a “Protective Advance”) in the performance or attempted performance of any such covenant shall be and become a part of the Obligations, and Borrower promises to pay to Lender, at the place where the Note is payable, all sums so advanced or paid by LenderXxxxxx, with interest from the date when paid or incurred by Lender Xxxxxx at the Default Rate upon the earlier of the date that is ninety (90) days after Lender Xxxxxx made the Protective Advance and five (5) days Business Days after Borrower Xxxxxxxx receives written demand from Lender. No such payment by Lender shall constitute a waiver of any Event of Default. In addition to the Liens hereof, Lender shall be subrogated to all rights, titles, Liens securing the payment of any debt, claim, tax or assessment for the payment of which Lender may make an advance, or which Lender may pay.

Appears in 1 contract

Samples: Loan Agreement (Whitestone REIT)

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Right to Perform Borrower’s Covenants. If Borrower has failed to keep or perform any covenant whatsoever contained in any this Deed of Trust or the other Loan Documents, Lender may, but shall not be obligated to any Person to do so, perform or attempt to perform said covenant, and any payment made or expense incurred (individually or collectively, a “Protective Advance”) in the performance or attempted performance of any such covenant shall be and become a part of the ObligationsIndebtedness, and Borrower promises promises, upon demand, to pay to Lender, at the place where the Note is payable, all sums so advanced or paid by Lender, with interest from the date when paid or incurred by Lender at the Default Rate upon the earlier of the date that is ninety (90) days after Lender made the Protective Advance and five (5) days after Borrower receives written demand from LenderRate. No such payment by Lender shall constitute a waiver of any Event of Default. In addition to the Liens liens and security interests hereof, Lender shall be subrogated surrogated to all rights, titles, Liens liens, and security interests securing the payment of any debt, claim, tax tax, or assessment for the payment of which Lender may make an advance, or which Lender may pay.

Appears in 1 contract

Samples: Loan Agreement (Coolbrands International Inc)

Right to Perform Borrower’s Covenants. If Borrower has failed to keep or perform any covenant whatsoever contained in any of the Loan Documents, Lender may, but shall not be obligated to any Person to do so, perform or attempt to perform said covenant, and any payment made or expense incurred (individually or collectively, a “Protective Advance”) in the performance or attempted performance of any such covenant shall be and become a part of the Obligations, and Borrower promises to pay to Lender, at the place where the Note is payable, all sums so advanced or paid by LenderXxxxxx, with interest from the date when paid or incurred by Lender Xxxxxx at the Default Rate upon the earlier of the date that is ninety (90) days after Lender Xxxxxx made the Protective Advance and five (5) days after Borrower Xxxxxxxx receives written demand from Lender. No such payment by Lender shall constitute a waiver of any Event of Default. In addition to the Liens hereof, Lender shall be subrogated to all rights, titles, Liens securing the payment of any debt, claim, tax or assessment for the payment of which Lender may make an advance, or which Lender may pay.

Appears in 1 contract

Samples: Loan Agreement (RREEF Property Trust, Inc.)

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