Usury Laws. Notwithstanding anything to the contrary, (a) all agreements and communications between Mortgagor and Mortgagee are hereby and shall automatically be limited so that, after taking into account all amounts deemed interest, the interest contracted for, charged or received by Mortgagee shall never exceed the maximum lawful rate or amount, (b) in calculating whether any interest exceeds the lawful maximum, all such interest shall be amortized, prorated, allocated and spread over the full amount and term of all principal indebtedness of Mortgagor to Mortgagee, and (c) if through any contingency or event, Mortgagee receives or is deemed to receive interest in excess of the lawful maximum, any such excess shall be deemed to have been applied toward payment of the principal of any and all then outstanding indebtedness of Mortgagor to Mortgagee, or if there is no such indebtedness, shall immediately be returned to Mortgagor.
Appears in 5 contracts
Sources: Credit Agreement (CBL & Associates Properties Inc), Mortgage, Assignment of Leases and Rents and Security Agreement (KBS Real Estate Investment Trust, Inc.), Mortgage Agreement (KBS Real Estate Investment Trust, Inc.)
Usury Laws. Notwithstanding anything to the contrary, (a) all agreements and communications between Mortgagor and Mortgagee are hereby and shall automatically be limited so that, after taking into account all amounts deemed to constitute interest, the interest contracted for, charged or received by Mortgagee shall never exceed the maximum lawful rate or amountMaximum Legal Rate, (b) in calculating whether any interest exceeds the lawful maximumMaximum Legal Rate, all such interest shall be amortized, prorated, allocated and spread over the full amount and term of all principal indebtedness of Mortgagor to Mortgagee, and (c) if through any contingency or event, Mortgagee receives or is deemed to receive interest in excess of the lawful maximumMaximum Legal Rate, any such excess shall be deemed to have been applied toward payment of the principal of any and all then outstanding indebtedness of Mortgagor to Mortgagee, or if there is no such indebtedness, shall immediately be returned to Mortgagor.
Appears in 4 contracts
Sources: Mortgage, Assignment of Leases and Rents and Security Agreement (New York REIT, Inc.), Mortgage (Bluerock Residential Growth REIT, Inc.), Mortgage, Assignment of Leases and Rents and Security Agreement (Alexanders Inc)
Usury Laws. Notwithstanding anything to the contrary, (a) all agreements and communications between Mortgagor and Mortgagee are hereby and shall automatically be limited so that, after taking into account all amounts deemed interest, the interest contracted for, charged or received by Mortgagee shall never exceed the maximum lawful rate or amount, (b) in calculating whether any interest exceeds the lawful maximum, all such interest shall be amortized, prorated, allocated and spread over the full amount and term of all principal indebtedness of Mortgagor to Mortgagee, and (c) if through any contingency or event, Mortgagee receives or is deemed to receive interest in excess of the lawful maximum, any such excess shall be deemed to have been applied toward payment of (without Spread Maintenance Premium) the principal of any and all then outstanding indebtedness of Mortgagor to Mortgagee, or if there is no such indebtedness, shall immediately be returned to Mortgagor.
Appears in 3 contracts
Sources: Fee and Leasehold Mortgage, Assignment of Leases and Rents and Security Agreement (Empire State Realty Trust, Inc.), Fee and Leasehold Mortgage, Assignment of Leases and Rents and Security Agreement (Empire State Realty Trust, Inc.), Fee and Leasehold Mortgage, Assignment of Leases and Rents and Security Agreement (Empire State Building Associates L.L.C.)
Usury Laws. Notwithstanding anything to the contrarycontrary in this Mortgage or the Loan Agreement, (a) all agreements and communications between Mortgagor and Mortgagee are hereby and shall automatically be limited so that, after taking into account all amounts deemed to constitute interest, the interest contracted for, charged or received by Mortgagee shall never exceed the maximum lawful rate or amountMaximum Rate, (b) in calculating whether any interest exceeds the lawful maximumMaximum Rate, all such interest shall be amortized, prorated, allocated and spread over the full amount and term of all principal indebtedness of Mortgagor to Mortgagee, and (c) if through any contingency or event, Mortgagee receives or is deemed to receive interest in excess of the lawful maximumMaximum Rate, any such excess shall be deemed to have been applied toward payment of the principal of any and all then outstanding indebtedness of Mortgagor to Mortgagee, or if there is no such indebtedness, shall immediately be returned to Mortgagor.
Appears in 1 contract
Sources: Term Loan Agreement (Hospitality Investors Trust, Inc.)
Usury Laws. Notwithstanding anything to the contrarycontrary contained herein or in any of the other Loan Documents, (a) all agreements and communications between Mortgagor and Mortgagee are hereby and shall automatically be limited so that, after taking into account all amounts deemed interest, the interest contracted for, charged or received by Mortgagee shall never exceed the maximum lawful rate or amount, ; (b) in calculating whether any interest exceeds the lawful maximum, all such interest shall be amortized, prorated, allocated and spread over the full amount and term of all principal indebtedness of Mortgagor to Mortgagee, ; and (c) if through any contingency or event, Mortgagee receives or is deemed to receive interest in excess of the lawful maximum, any such excess shall be deemed to have been applied toward payment of the principal of any and all then outstanding indebtedness of Mortgagor to Mortgagee, or if there is no such indebtedness, shall immediately be returned to Mortgagor.
Appears in 1 contract
Sources: Open End Mortgage and Security Agreement (Pennsylvania Real Estate Investment Trust)
Usury Laws. Notwithstanding anything to the contrary, (a) all agreements and communications between Mortgagor Individual Borrower and/or Borrower and Mortgagee Lender are hereby and shall automatically be limited so that, after taking into account all amounts deemed interest, the interest contracted for, charged or received by Mortgagee Lender shall never exceed the maximum lawful rate Maximum Legal Rate or amount, (b) in calculating whether any interest exceeds the lawful maximumMaximum Legal Rate, all such interest shall be amortized, prorated, allocated and spread over the full amount and term of all principal indebtedness of Mortgagor Borrower to MortgageeLender, and (c) if through any contingency or event, Mortgagee Lender receives or is deemed to receive interest in excess of the lawful maximumMaximum Legal Rate, any such excess shall be deemed to have been applied toward payment of the principal of any and all then outstanding indebtedness of Mortgagor Borrower to MortgageeLender, or if there is no such indebtedness, shall immediately be returned to MortgagorBorrower.
Appears in 1 contract
Sources: Mortgage and Security Agreement (BlueLinx Holdings Inc.)
Usury Laws. Notwithstanding anything to the contrary, (a) all agreements and communications between Mortgagor Grantor, Beneficiary and Mortgagee Lender are hereby and shall automatically be limited so that, after taking into account all amounts deemed to constitute interest, the interest contracted for, charged or received by Mortgagee Beneficiary or Lender shall never exceed the maximum lawful rate or amountMaximum Legal Rate, (b) in calculating whether any interest exceeds the lawful maximumMaximum Legal Rate, all such interest shall be amortized, prorated, allocated and spread over the full amount and term of all principal indebtedness of Mortgagor Grantor to MortgageeBeneficiary or Lender, and (c) if through any contingency or event, Mortgagee Beneficiary receives or is deemed to receive interest in excess of the lawful maximumMaximum Legal Rate, any such excess shall be deemed to have been applied toward payment of the principal of any and all then outstanding indebtedness of Mortgagor Grantor to MortgageeLender, or if there is no such indebtedness, shall immediately be returned to MortgagorGrantor.
Appears in 1 contract
Sources: Deed of Trust