Common use of Savings Clause; Severability Clause in Contracts

Savings Clause; Severability. Notwithstanding any provisions herein or in the Security Deed to the contrary, the total liability for payments in the nature of interest including but not limited to Prepayment Premiums, default interest and late fees shall not exceed the limits imposed by the laws of the State of Georgia or the United States of America relating to maximum lawful rate of interest. Holder shall not be entitled to receive, collect or apply, as interest on the indebtedness evidenced hereby, any amount in excess of the maximum lawful rate of interest permitted to be charged by applicable law or regulations, as amended or enacted from time to time. In the event Holder ever receives, collects or applies, as interest, any such excess, such amount which would be excessive interest shall be applied to reduce the unpaid principal balance of the indebtedness evidenced by this Note. If the unpaid principal balance of such indebtedness is paid in full, any remaining excess shall be forthwith paid to Maker. If any clauses or provisions herein contained operate or prospectively operate to invalidate this Note, then such clauses or provisions only shall be held for naught, as though not herein contained and the remainder of this Note shall remain operative and in full force and effect.

Appears in 5 contracts

Samples: Real Estate Note (Roberts Realty Investors Inc), Real Estate Note (Roberts Realty Investors Inc), Real Estate Note (Roberts Realty Investors Inc)

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Savings Clause; Severability. Notwithstanding any provisions herein in the Note or in the this Security Deed to the contrary, the total liability for payments in the nature of interest including but not limited to Prepayment Premiums, default interest and late fees shall not exceed the limits imposed by the laws of the State of Georgia or the United States of America relating to maximum lawful rate allowable charges of interest. Holder Lender shall not be entitled to receive, collect or apply, as interest on the indebtedness evidenced herebyby the Note, any amount in excess of the maximum lawful rate of interest permitted to be charged by applicable law or regulations, as amended or enacted from time to timelaw. In the event Holder Lender ever receives, collects or applies, applies as interest, interest any such excess, such amount which would be excessive interest shall be applied to reduce the unpaid principal balance of the indebtedness evidenced by this Notethe note. If the unpaid principal balance of such indebtedness is paid in full, full any remaining excess shall be paid forthwith paid to Makerthe Borrower. If any clauses or provisions herein contained operate or would prospectively operate to invalidate this NoteSecurity Deed, then such clauses or provisions only shall be held for naught, as though not herein contained contained, and the remainder of this Note Security Deed shall remain operative and in full force and effect.

Appears in 4 contracts

Samples: Deed to Secure Debt and Security Agreement (Roberts Realty Investors Inc), Deed to Secure Debt and Security Agreement (Roberts Realty Investors Inc), Deed to Secure Debt and Security Agreement (Roberts Realty Investors Inc)

Savings Clause; Severability. Notwithstanding any provisions herein or in the Security Deed to the contrary, the total liability for payments in the nature of interest including but not limited to Prepayment Premiums, default interest and late fees shall not exceed the limits imposed by the laws of the State of Georgia or the United States of America relating to maximum lawful rate of interest. Holder Lender shall not be entitled to receive, collect or apply, as interest on the indebtedness evidenced hereby, any amount in excess of the maximum lawful rate of interest permitted to be charged by applicable law or regulations, as amended or enacted from time to time. In the event Holder Lender ever receives, collects or applies, as interest, any such excess, such amount which would be excessive interest shall be applied to reduce the unpaid principal balance of the indebtedness evidenced by this Note. If the unpaid principal balance of such indebtedness is paid in full, any remaining excess shall be forthwith paid to MakerBorrower. If any clauses or provisions herein contained operate or prospectively operate to invalidate this Note, then such clauses or provisions only shall be held for naught, as though not herein contained and the remainder of this Note shall remain operative and in full force and effect.

Appears in 1 contract

Samples: Real Estate Note (Roberts Realty Investors Inc)

Savings Clause; Severability. Notwithstanding any provisions herein or in the Security Deed South Second Mortgage to the contrary, the total liability for payments in the nature of interest including but not limited to Prepayment Premiums, default interest and late fees shall not exceed the limits imposed by the laws of the State of Georgia Missouri or the United States of America relating to maximum lawful rate allowable charges of interest. Holder shall not be entitled to receive, collect or apply, as interest on the indebtedness evidenced hereby, any amount in excess of the maximum lawful rate of interest permitted to be charged by applicable law or regulations, as amended or enacted from time to time. In the event Holder ever receives, collects or applies, as interest, any such excess, such amount which would be excessive interest shall be applied to reduce the unpaid principal balance of the indebtedness evidenced by this Note. If the unpaid principal balance of such indebtedness is paid in full, any remaining excess shall be forthwith paid to Maker. If any clauses or provisions herein contained operate or would prospectively operate to invalidate this Note, then such clauses or provisions only shall be held for naught, as though not herein contained and the remainder of this Note shall remain operative and in full force and effect.

Appears in 1 contract

Samples: South Second Mortgage Note (Jones Financial Companies L P)

Savings Clause; Severability. Notwithstanding any provisions herein in the Note or in the Security Deed this Mortgage to the contrary, the total liability for payments in the nature of interest including but not limited to Prepayment Premiums, default interest and late fees shall not exceed the limits imposed by the laws of the State of Georgia or Florida or, if controlling, the United States of America relating to maximum lawful rate allowable charges of interest. Holder Lender shall not be entitled to receive, collect or apply, as interest on the indebtedness evidenced herebyby the Note, any amount in excess of the maximum lawful rate of interest permitted to be charged by applicable law or regulations, as amended or enacted from time to timelaw. In the event Holder Lender ever receives, collects or applies, applies as interest, interest any such excess, such amount which would be excessive interest shall be applied to reduce the unpaid principal balance of the indebtedness evidenced by this the Note. If the unpaid principal balance of such indebtedness is paid in full, any remaining excess shall be forthwith paid to MakerBorrower. If any clauses or provisions herein contained shall operate or would prospectively operate to invalidate this NoteMortgage, then such clauses or provisions only shall be held for naught, as though not herein contained and the remainder of this Note Mortgage shall remain operative and in full force and effect.

Appears in 1 contract

Samples: Mortgage Modification and Security Agreement (Agree Realty Corp)

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Savings Clause; Severability. Notwithstanding any provisions herein or in the Security Deed Mortgage to the contrary, the total liability for payments in the nature of interest including but not limited to Prepayment Premiums, default interest and late fees shall not exceed the limits imposed by the laws of the State Commonwealth of Georgia Kentucky or the United States of America relating to maximum lawful rate allowable charges of interest. Holder shall not be entitled to receive, collect or apply, as interest on the indebtedness evidenced hereby, any amount in excess of the maximum lawful rate of interest permitted to be charged by applicable law or regulations, as amended or enacted from time to time. In the event Holder ever receives, collects or applies, as interest, any such excess, such amount which would be excessive interest shall be applied to reduce the unpaid principal balance of the indebtedness evidenced by this Note. If the unpaid principal balance of such indebtedness is paid in full, any remaining excess shall be forthwith paid to Maker. If any clauses or provisions herein contained operate or would prospectively operate to invalidate this Note, then such clauses or provisions only shall be held for naught, as though not herein contained and the remainder of this Note shall remain operative and in full force and effect.

Appears in 1 contract

Samples: Mortgage Note (Davidson Diversified Real Estate Iii L P)

Savings Clause; Severability. Notwithstanding any provisions herein herein, in the Mortgage or in the Security Deed other Loan Documents to the contrary, the total liability for payments in the nature of interest including but not limited to Prepayment Premiums, default interest and late fees payment charges, shall not exceed the limits maximum allowable charges of interest imposed by the laws of the State of Georgia or the United States of America relating to maximum lawful rate of interestapplicable laws. Holder Lender shall not be entitled to receive, collect or apply, as interest on the indebtedness Loan evidenced herebyby this Note, any amount in excess of the maximum lawful allowable rate of interest permitted to be charged by applicable law or regulations, as amended or enacted from time to time. In the event Holder Lender ever receives, collects or applies, as interest, interest any such excess, such amount which would be excessive interest shall be applied to reduce the unpaid principal balance of the indebtedness Loan evidenced by this Note. If the unpaid principal balance of such indebtedness is Loan has been paid in full, any remaining excess shall be forthwith paid to MakerBorrower. If any clauses or provisions herein contained operate or would prospectively operate to invalidate this Note, then such clauses or provisions only shall be held for naught, as though not herein contained and the remainder of this Note shall remain operative and in full force and effect.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Ramco Gershenson Properties Trust)

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