By Lender. Lender may assign its right, title and interest in this Agreement, in whole or in part, effective upon notice to Borrower and Pledgeholder. Following such assignment, this Agreement shall be binding upon and inure to the benefit of any such assignee. Such assignment shall be conditioned on compliance with any applicable state and federal securities laws and, upon request by Borrower, Lender shall furnish an opinion of counsel to such effect, reasonably satisfactory to the Issuer and Borrower.
By Lender. If any Brooke Party fails to comply with subsection (a) above, such Brooke Party authorizes the Lender to file financing or continuation statements, and amendments thereto and assignments thereof, relating to all or any part of the Collateral without the signature of the Borrower, the Servicer or the Seller where permitted by law in order to enable the Lender to exercise its respective rights and remedies under this Agreement. A photocopy or other reproduction of this Agreement shall be sufficient as a financing statement where permitted by law. The Lender will promptly send to the Borrower any financing or continuation statements thereto which it files without the signature of the Borrower (but a failure to do so shall not affect the effectiveness of such statements).
By Lender. LENDER shall indemnify and hold BROKER and its agent harmless from any and all demands, costs, judgments and claims of any kind (including attorneys fees and court costs) arising out of claims on an Application or resulting Loan arising from the acts or omissions of LENDER or its personnel or agents after the submission of an Application to LENDER.
By Lender. In confirmation of the provisions of this Agreement, Lender, for itself and for all persons claiming by or through it, hereby releases, acquits and fully discharges Borrower and his heirs and assigns from any and all claims, liabilities, causes of action, damages or expenses, known or unknown, accrued or unaccrued, contingent or other-wise, whether sounding in contract or tort, arising on or before the date hereof, under common law or by statute or regulation, that is based upon facts arising prior to the date of this Agreement, with respect to any matter or action related to the matters described in this Agreement and any other matters and relationships between the parties, SAVE AND EXCEPT only those obligations referred to in Section 4.3 below.
By Lender. If it is determined that Lender is to receive an additional principal payment, Borrower shall, within five (5) business days after determination of the accounting firm, remit such sum to Lender. If it is determined that Borrower has over-paid such monthly principal payment, Borrower at its option, may either credit such amount against the next month's principal payment or apply such amount to reduce the principal amount outstanding under the Note.
By Lender. Subject to completion of the deliveries called for in Section 4 and further subject to the succeeding sentence, this Agreement shall be Lender's discharge and release of Borrower from each and every obligation evidenced by the Loan Agreement, and Lender shall make no demand on or claim against Borrower in respect of such obligations. Nothing herein is intended, nor should it be construed, to release or terminate the Security Instruments, each which shall remain in full force and effect.
By Lender. If Grantor fails to comply with any provision of this Deed of Trust, or if any action or proceeding is commenced that would materially affect Lender's interests in the Property, Lender on Grantor's behalf may, but shall not be required to, take any action that Lender deems appropriate. Any amount that Lender expends in so doing will bear interest at the rate charged under the Notes from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses, at Lender's option, will (a) be payable on demand, (b) be added to the balance of the Notes and be apportioned among and be payable with any installment payments to become due during either (i) the term of any applicable insurance policy or (ii) the remaining term of the Notes, or (c) be treated as a balloon payment which will be due and payable at the Notes' maturity. This Deed of Trust also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of the default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had.
By Lender. Upon Borrower's compliance with the provisions of Section 3.1 hereof, and provided that Borrower is not in default, and subject to all other provisions of this Agreement, Lender will advance and disburse the Construction Loan in monthly installments at the times and amounts in accordance with Schedule "A" attached hereto. Such advances as provided by this Section 3.2 shall be in addition to any prior advance necessary to complete the purchase of Property. However, in no event shall the total loan disbursement be greater than $765,000.00.
By Lender. To the extent permitted by law, Lender will indemnify and hold harmless Borrower, each of its directors, each of its officers who have signed the registration statement, each person, if any, who controls Borrower within the meaning of the Securities Act, and any underwriter, against all losses, claims, damages or liabilities (joint or several) to which Borrower or any such director, officer, controlling person or underwriter may become subject under the Securities Act, the 1934 Act or other federal or state law, insofar as such losses, claims, damages or liabilities (or actions in respect thereto) arise out of or are based on any Violation, in each case to the extent (and only to the extent) that such Violation occurs in reliance on and in conformity with written information furnished by Lender expressly for use in connection with such registration; and Lender will reimburse any legal or other expenses reasonably incurred by Borrower or any such director, officer, controlling person or underwriter in connection with investigating or defending any such loss, claim, damage, liability or action; provided, however, that the indemnity agreement contained in this Section 22.5.2 shall not apply to amounts paid in settlement of any such loss, claim, damage, liability or action if such settlement is effected without the consent of Lender, which consent shall not be unreasonably withheld; and provided, further, that the total amounts payable in indemnity by Lender under this Section 22.5.2 in respect of any Violation shall not exceed the net proceeds received by Lender in the registered offering out of which such Violation arises.