Common use of Application of Payments Clause in Contracts

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender, in Lender's discretion. Neither Lender's acceptance of an amount that is less than all amounts then due and payable nor Lender's application of such payment in the manner authorized shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower's obligations under this Instrument and the Note shall remain unchanged.

Appears in 25 contracts

Samples: And Security Agreement (Emeritus Corp\wa\), And Security Agreement (National Property Investors Iii), And Security Agreement (Consolidated Capital Institutional Properties 3)

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Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender, in Lender's ’s discretion. Neither Lender's ’s acceptance of an amount that is less than all amounts then due and payable nor Lender's ’s application of such payment in the manner authorized shall will constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower's ’s obligations under this Instrument and Instrument, the Note shall and all other Loan Documents will remain unchanged.

Appears in 22 contracts

Samples: Security Agreement (Strategic Student & Senior Housing Trust, Inc.), Security Agreement (Steadfast Apartment REIT, Inc.), And Security Agreement (Steadfast Apartment REIT, Inc.)

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender, in Lender's ’s discretion. Neither Lender's ’s acceptance of an amount that is less than all amounts then due and payable nor Lender's ’s application of such payment in the manner authorized shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower's ’s obligations under this Instrument and the Note shall remain unchanged.

Appears in 20 contracts

Samples: And Security Agreement (Emeritus Corp\wa\), And Security Agreement (Emeritus Corp\wa\), And Security Agreement (Paladin Realty Income Properties Inc)

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender, in Lender's discretion. Neither Lender's acceptance of an amount that which is less than all amounts then due and payable nor Lender's application of such payment in the manner authorized shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower's obligations under this Instrument and the Note shall remain unchanged.

Appears in 18 contracts

Samples: And Security Agreement (Bluerock Enhanced Multifamily Trust, Inc.), And Security Agreement and Fixture Filing (Davidson Income Real Estate Lp), And Security Agreement (Davidson Income Real Estate Lp)

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by LenderXxxxxx, in Lender's Xxxxxx’s discretion. Neither Lender's ’s acceptance of an amount that is less than all amounts then due and payable nor Lender's ’s application of such payment in the manner authorized shall will constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower's Xxxxxxxx’s obligations under this Instrument and Instrument, the Note shall and all other Loan Documents will remain unchanged.

Appears in 14 contracts

Samples: Security Agreement and Fixture Filing (Steadfast Apartment REIT, Inc.), Uniform Covenants, And Security Agreement (Inland Residential Properties Trust, Inc.)

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by LenderXxxxxx, in Lender's Xxxxxx’s discretion. Neither Lender's ’s acceptance of an amount that is less than all amounts then due and payable nor Lender's ’s application of such payment in the manner authorized shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower's Xxxxxxxx’s obligations under this Instrument and the Note shall remain unchanged.

Appears in 14 contracts

Samples: Security Agreement (Grubb & Ellis Apartment REIT, Inc.), And Security Agreement (NTS Realty Holdings Lp), And Security Agreement (Preferred Apartment Communities Inc)

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender, in Lender's discretion. Neither Lender's acceptance of an amount that which is less than all amounts then due and payable nor Lender's application of such payment in the manner authorized shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower's ’s obligations under this Instrument and the Note shall remain unchanged.

Appears in 6 contracts

Samples: And Security Agreement (VMS National Properties Joint Venture), And Security Agreement (VMS National Properties Joint Venture), Security Agreement and Fixture Filing (VMS National Properties Joint Venture)

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender, in Lender's ’s discretion. Neither Lender's ’s acceptance of an amount that which is less than all amounts then due and payable nor Lender's ’s application of such payment in the manner authorized shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower's ’s obligations under this Instrument and the Note shall remain unchanged.

Appears in 4 contracts

Samples: Mortgage and Security Agreement (Emeritus Corp\wa\), Leases and Security Agreement (Steadfast Income REIT, Inc.), And Security Agreement (Maxus Realty Trust Inc.)

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by LenderXxxxxx, in LenderXxxxxx's discretion. Neither Lender's acceptance of an amount that which is less than all amounts then due and payable nor Lender's application of such payment in the manner authorized shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, BorrowerXxxxxxxx's obligations under this Instrument and the Note shall remain unchanged.

Appears in 4 contracts

Samples: And Security Agreement, And Security Agreement, And Security Agreement

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by LenderLendxx, in Lender's discretionxx Lendxx'x xiscretion. Neither Lender's acceptance of an amount that which is less than all amounts then due and payable nor Lender's application of such payment in the manner authorized shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower's obligations Borrxxxx'x xbligations under this Instrument and the Note shall remain unchanged.

Appears in 4 contracts

Samples: Replacement Reserve and Security Agreement (American Retirement Villas Properties Ii), Replacement Reserve and Security Agreement (Arv Assisted Living Inc), Replacement Reserve and Security Agreement (American Retirement Villas Properties Iii LTD Partnership)

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by LenderXxxxxx, in LenderXxxxxx's discretion. Neither Lender's acceptance of an amount that is less than all amounts then due and payable nor Lender's application of such payment in the manner authorized shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, BorrowerXxxxxxxx's obligations under this Instrument and the Note shall remain unchanged.

Appears in 3 contracts

Samples: Subordination and Intercreditor Agreement (Century Properties Fund Xvii), And Security Agreement (Emeritus Corp\wa\), And Security Agreement (Consolidated Capital Properties Iv)

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by LenderXxxxxx, in LenderXxxxxx's discretion. Neither Lender's acceptance of an amount that which is less than all amounts then due and payable nor Lender's application of such payment in the manner authorized shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower's Xxxxxxxx’s obligations under this Instrument and the Note shall remain unchanged.

Appears in 3 contracts

Samples: Security Agreement, Replacement Reserve Agreement, Replacement Reserve Agreement

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender, in Lender's discretion. Neither Lender's acceptance of an amount that is less than all amounts then due and payable nor Lender's application of such payment in the manner authorized shall will constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower's obligations under this Instrument and Instrument, the Note shall and all other Loan Documents will remain unchanged. 7.

Appears in 2 contracts

Samples: Rents and Security Agreement (Steadfast Income REIT, Inc.), Rents and Security Agreement (Steadfast Apartment REIT, Inc.)

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender, in Lender's discretion. Neither Lender's acceptance of an amount that which is less than all amounts then due and payable nor Lender's application of such payment in the manner authorized shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower's Borrower s obligations under this Instrument and the Note shall remain unchanged.

Appears in 2 contracts

Samples: And Security Agreement (Vinings Investment Properties Trust/Ga), And Security Agreement (Vinings Investment Properties Trust/Ga)

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by LenderXxxxxx, in Lender's Xxxxxx’s discretion. Neither Lender's Xxxxxx’s acceptance of an amount that is less than all amounts then due and payable nor Lender's ’s application of such payment in the manner authorized shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower's Xxxxxxxx’s obligations under this Instrument and the Note shall remain unchanged.

Appears in 2 contracts

Samples: And Security Agreement (NTS Realty Holdings Lp), And Security Agreement (NTS Realty Holdings Lp)

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by LenderLxxxxx, in Lender's Lxxxxx’s discretion. Neither Lender's ’s acceptance of an amount that is less than all amounts then due and payable nor Lender's ’s application of such payment in the manner authorized shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower's Bxxxxxxx’s obligations under this Instrument and the Note shall remain unchanged.

Appears in 2 contracts

Samples: Rents and Security Agreement and Fixture Filing (Capital Senior Living Corp), And Security Agreement (NTS Realty Holdings Lp)

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender, in Lender's ’s discretion. Neither Lender's ’s acceptance of an amount that is less than all amounts then due and payable nor Lender's ’s application of such payment in the manner authorized shall will constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower's ’s obligations under this Instrument and Instrument, the Note shall and all other Loan Documents will remain unchanged.. Multifamily Deed to Secure Debt, Assignment of Rents and Security Agreement

Appears in 2 contracts

Samples: And Security Agreement (Steadfast Apartment REIT, Inc.), And Security Agreement (Steadfast Apartment REIT III, Inc.)

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by LenderLxxxxx, in Lender's Lxxxxx’s discretion. Neither Lender's ’s acceptance of an amount that is less than all amounts then due and payable nor Lender's ’s application of such payment in the manner authorized shall will constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower's Bxxxxxxx’s obligations under this Instrument and Instrument, the Note shall and all other Loan Documents will remain unchanged.

Appears in 2 contracts

Samples: And Security Agreement (Bluerock Residential Growth REIT, Inc.), Security Agreement and Fixture Filing (Bluerock Residential Growth REIT, Inc.)

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by LenderXxxxxx, in Lender's Xxxxxx’s discretion. Neither Lender's ’s acceptance of an amount that which is less than all amounts then due and payable nor Lender's ’s application of such payment in the manner authorized shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower's Xxxxxxxx’s obligations under this Instrument Mortgage and the Note shall remain unchanged.

Appears in 2 contracts

Samples: Performance and Completion Guaranty, And Security Agreement

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any the manner and set forth in any order determined by Lender, in Lender's discretionthe Note. Neither Lender's ’s acceptance of an amount that which is less than all amounts then due and payable nor Lender's ’s application of such payment in the manner authorized in the immediately preceding sentence shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower's ’s obligations under this Security Instrument and the Note shall remain unchanged.

Appears in 2 contracts

Samples: Mortgage and Security Agreement (CNL Healthcare Trust, Inc.), Secure Debt and Security Agreement (CNL Healthcare Trust, Inc.)

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Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender, in Lender's ’s discretion. Neither Lender's acceptance ’s accxxxxxxe of an amount xx xxxunt that is less than all amounts then due and payable nor Lender's ’s application of such payment in the manner authorized shall will constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower's ’s obligations under this Instrument and Instrument, the Note shall Noxx xxx xll other Loan Documents will remain unchanged.

Appears in 1 contract

Samples: Security Agreement and Fixture (Preferred Apartment Communities Inc)

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender, in Lender's discretion. Neither Lender's acceptance of an amount that is less than all amounts then due and payable nor Lender's application of such payment in the manner authorized shall will constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower's obligations under this Instrument and Instrument, the Note shall and all other Loan Documents will remain unchanged.

Appears in 1 contract

Samples: Multifamily Mortgage (Bluerock Residential Growth REIT, Inc.)

Application of Payments. If at any time Lender receives, from Borrower Guarantor or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due due‌ and payable in any manner and in any order determined by LenderXxxxxx, in Lender's Xxxxxx’s discretion. Neither Lender's ’s acceptance of an amount that which is less than all amounts then due and payable nor Lender's ’s application of such payment in the manner authorized shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower's Guarantor’s obligations under this Instrument and the Note shall remain unchanged.

Appears in 1 contract

Samples: archivemhc.com

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by LenderXxxxxx, in Lender's Xxxxxx’s discretion. Neither Lender's ’s acceptance of an amount that which is less than all amounts then due and payable nor Lender's ’s application of such payment in the manner authorized shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower's Xxxxxxxx’s obligations under this Instrument and the Note shall remain unchanged.

Appears in 1 contract

Samples: And Security Agreement (America First Apartment Investors Inc)

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by LenderXxxxxx, in Lender's Xxxxxx’s discretion. Neither Lender's ’s acceptance of an amount that is less than all amounts then due and payable nor Lender's ’s application of such payment in the manner authorized shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower's Xxxxxxxx’s obligations under this Instrument Instrument, the Reimbursement Agreement and the Note other Loan Documents shall remain unchanged.

Appears in 1 contract

Samples: mf.freddiemac.com

Application of Payments. If at any time Lender receives, from Borrower Guarantor or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by LenderXxxxxx, in Lender's Xxxxxx’s discretion. Neither Lender's ’s acceptance of an amount that which is less than all amounts then due and payable nor Lender's ’s application of such payment in the manner authorized shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower's Guarantor’s obligations under this Instrument and the Note shall remain unchanged.unchanged.‌

Appears in 1 contract

Samples: archivemhc.com

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender, in Lender's discretion. Neither Lender's acceptance of an amount that which is less than all amounts then due and payable nor Lender's application of such payment in the manner authorized shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness', Borrower's obligations under this Instrument and the Note shall remain unchanged.

Appears in 1 contract

Samples: And Security Agreement (Historic Preservation Properties 1989 Limited Partnership)

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by LenderXxxxxx, in LenderXxxxxx's discretion. Neither LenderXxxxxx's acceptance of an amount that which is less than all amounts then due and payable nor Lender's application of such payment in the manner authorized shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, BorrowerXxxxxxxx's obligations under this Instrument and the Note shall remain unchanged.

Appears in 1 contract

Samples: Roberts Realty Investors Inc

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender, in Lender's discretion. Neither Lender's Xxxxxer Lexxxx'x acceptance of an amount that which is less than all amounts then due and payable nor Lender's application of such payment in the manner authorized shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower's obligations under this Instrument thxx Xxxxxument and the Note shall remain unchanged.

Appears in 1 contract

Samples: And Security Agreement (Krupp Realty LTD Partnership V)

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by Lender, in Lender's ’s discretion. Neither Lender's ’s acceptance of an amount that is less than all amounts then due and payable nor Lender's ’s application of such payment in the manner authorized shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower's ’s obligations under this Instrument and the Note shall remain unchanged.

Appears in 1 contract

Samples: And Security Agreement (Behringer Harvard Opportunity REIT II, Inc.)

Application of Payments. If at any time anytime Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by LenderXxxxxx, in LenderXxxxxx's discretion. Neither Lender's 'S acceptance of an amount that is less than all amounts then due and payable nor Lender's application of such payment in the manner authorized shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, BorrowerXxxxxxxx's obligations under this Instrument and the Note shall remain unchanged.. PAGE12

Appears in 1 contract

Samples: And Security Agreement (Steadfast Income REIT, Inc.)

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, then Lender may apply that payment to amounts then due and payable in any manner and in any order determined by LenderXxxxxx, in Lender's Xxxxxx’s discretion. Neither Lender's Xxxxxx’s acceptance of an amount that is less than all amounts then due and payable nor Lender's ’s application of such payment in the manner authorized shall will constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction. Notwithstanding the application of any such amount to the Indebtedness, Borrower's Xxxxxxxx’s obligations under this Instrument and Instrument, the Note shall and all other Loan Documents will remain unchanged.

Appears in 1 contract

Samples: Security Agreement (Paladin Realty Income Properties Inc)

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