Common use of Effect of a later agreement Clause in Contracts

Effect of a later agreement. 12.12.2.1 An agreement changing the mortgage doesn't pay off the loan or make the loan into a new loan, but merely changes the terms of the mortgage (and there's no novation). The changes become part of the mortgage. For example, the loan continues even if it has a different type of mortgage product. Except where the agreement provides otherwise, the terms of the mortgage continue and apply to the loan as changed, and all security secures the loan as changed. If interest that's owing is treated as part of the loan under the agreement, that doesn't impair our priority. The agreement adds to our rights and doesn't take away or lessen a right that we have and we reserve those rights.

Appears in 4 contracts

Samples: Mortgage Nova Scotia, Newfoundland and Labrador, www.bmo.com

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