Common use of Repayment Upon Default Clause in Contracts

Repayment Upon Default. If all or any part of the principal amount of this Note is prepaid upon acceleration of the Loan following the occurrence of an Event of Default prior to the Open Date, then, in addition to such principal payment, Maker shall be required to make such payments (the “Yield Maintenance Payments”) in an amount equal to the excess, if any, of (i) the sum of (A) the aggregate respective present values of all scheduled interest payments payable on each Monthly Payment Date in respect of this Note (or the portion of all such interest payments corresponding to the portion of the principal of this Note to be prepaid upon acceleration) for the period from the date of such prepayment upon acceleration to the Open Date, discounted monthly at a rate equal to the Treasury Constant Maturity Yield Index and based on a 360-day year of twelve 30-day months and (B) the aggregate respective present values of all scheduled principal payments payable on each Monthly Payment Date in respect of this Note (or the then unpaid portion thereof to be prepaid upon acceleration) assuming the then outstanding principal balance of this Note is paid in full on the Open Date, discounted monthly at a rate equal to the Treasury Constant Maturity Yield Index and based on a 360-day year of twelve 30-day months minus (ii) the then current outstanding principal amount of this Note (or the then unpaid portion thereof to be prepaid upon acceleration). The Yield Maintenance Payments to be paid in connection with any prepayment under this Section 8 shall be determined in good faith by Payee and shall be conclusive and binding on Maker (absent manifest error). For purposes of this Section 8, the amount of this Note (or the portion of the principal of this Note to be prepaid upon acceleration) on the date of prepayment shall be determined after giving effect to any payment of scheduled amortization made on such date. For purposes hereof, “Treasury Constant Maturity Yield Index” shall mean the average yield for “This Week” as reported by the Federal Reserve Board in Federal Reserve Statistical Release H.15(519) (“FRB Release”) published during the second full week preceding the prepayment date (caused by acceleration of the Loan following the occurrence of an Event of Default) for instruments having a maturity coterminous with the remaining term of this Note. In the event the FRB Release is no longer published, Payee shall select a comparable publication to determine the Treasury Constant Maturity Yield Index. If there is no Treasury Constant Maturity Yield Index for instruments having a maturity coterminous with the remaining term of this Note, then the weighted average yield to maturity of the Treasury Constant Maturity Yield Indices with maturities next longer and shorter than such remaining average life to maturity shall be used, calculated by averaging (and rounding upward to the nearest whole multiple of 1/100 of 1% per annum, if the average is not such a multiple) the yields of the relevant Treasury Constant Maturity Yield Indices (rounded, if necessary, to the nearest 1/100 of 1% with any figure of 1/200 or above rounded upward).

Repayment Upon Default. If all or any part of the principal ---------------------- amount of this Note the Loan is prepaid upon acceleration of the Loan following the occurrence of an Event of Default at any time prior to the Open Anticipated Repayment Date, then, in addition to such principal payment, Maker Borrower shall be required to make such payments (the “"Yield Maintenance ----------------- Payments”") in an amount equal to the excess, if any, of (i) the sum of (A) the -------- aggregate respective present values of all scheduled interest payments payable on each Monthly Payment Date in respect of this Note the Loan (or the portion of all such interest payments corresponding to the portion of the principal of this Note the Loan to be prepaid upon acceleration) for the period from the date of such prepayment upon acceleration to (and including) the Open Anticipated Repayment Date, discounted monthly at a rate equal to the Treasury Constant Maturity Yield Index and based on a 360-day year of twelve 30-day months and (B) the aggregate respective present values of all scheduled principal payments payable on each Monthly Payment Date in respect of this Note the Loan (or the then unpaid portion thereof to be prepaid upon acceleration) ), assuming for these purposes that the then entire outstanding scheduled principal balance amount of this Note is the Loan as of the Anticipated Repayment Date were to be paid in full on such Payment Date (rather than over the Open period ending on the Stated Maturity Date), discounted monthly at a rate equal to the Treasury Constant Maturity Yield Index and based on a 360-day year of twelve 30-day months minus over (ii) the then current outstanding principal amount of this Note the Loan (or the then unpaid portion thereof to be prepaid upon acceleration). The If the Yield Maintenance Payments as calculated pursuant to be paid in connection with any prepayment under this Section 8 shall 2.3.4 would not be determined in good faith by Payee and shall be conclusive and binding on Maker (absent manifest error)a positive number, the Yield Maintenance Payments are zero. For purposes of this Section 82.3.4, the amount of this Note (or the portion of the principal of this Note to be prepaid upon acceleration) Loan on the date of prepayment shall be determined after giving effect to any payment of principal scheduled amortization to be made on such date pursuant to the Note and actually made on such date. For purposes hereof, “Treasury Constant Maturity Yield Index” shall mean the average yield for “This Week” as reported by the Federal Reserve Board in Federal Reserve Statistical Release H.15(519) (“FRB Release”) published during the second full week preceding the prepayment date (caused by acceleration The determination of the Loan following the occurrence of an Event of Default) for instruments having a maturity coterminous with the remaining term of this Note. In the event the FRB Release is no longer published, Payee shall select a comparable publication to determine the Treasury Constant Maturity Yield Index. If there is no Treasury Constant Maturity Yield Index for instruments having a maturity coterminous with the remaining term of this Note, then the weighted average yield to maturity of the Treasury Constant Maturity Yield Indices with maturities next longer and shorter than such remaining average life to maturity Maintenance Premium by Lender shall be used, calculated by averaging (conclusive and rounding upward to binding on Borrower in the nearest whole multiple absence of 1/100 of 1% per annum, if the average is not such a multiple) the yields of the relevant Treasury Constant Maturity Yield Indices (rounded, if necessary, to the nearest 1/100 of 1% with any figure of 1/200 or above rounded upward)manifest error.

Repayment Upon Default. If all or any part of the principal amount of this Note the Loan is prepaid upon acceleration of the Loan following the occurrence of an Event of Default at any time prior to the Open Initial Maturity Date or the Anticipated Repayment Date, thenas the case may be, in addition to such principal payment, Maker Borrower shall be required to make such payments (the “"Yield Maintenance Payments”") in an amount equal to the greater of (a) three (3%) of such prepaid principal balance and (b) the excess, if any, of (i) the sum of (A) the aggregate respective present values of all scheduled interest payments payable on each Monthly Payment Date in respect of this Note the Loan (or the portion of all such interest payments corresponding to the portion of the principal of this Note the Loan to be prepaid upon acceleration) for the period from the date of such prepayment upon acceleration to (and including) the Open Initial Maturity Date or Anticipated Repayment Date, as the case may be, discounted monthly at a rate equal to the Treasury Constant Maturity Yield Index and based on a 360-day year of twelve 30-day months and (B) the aggregate respective present values of all scheduled principal payments payable on each Monthly Payment Date in respect of this Note the Loan (or the then unpaid portion thereof to be prepaid upon acceleration), assuming for these purposes that the entire outstanding scheduled principal amount of the Loan as of the Initial Maturity Date or Anticipated Repayment Date (if applicable) assuming the then outstanding principal balance of this Note is were to be paid in full on the Open such Payment Date, discounted monthly at a rate equal to the Treasury Constant Maturity Yield Index and based on a 360-day year of twelve 30-day months minus over (ii) the then current outstanding principal amount of this Note the Loan (or the then unpaid portion thereof to be prepaid upon acceleration). The If the Yield Maintenance Payments as calculated pursuant to be paid in connection with any prepayment under clause (b) of this Section 8 2.3.4 would not be a positive number, then the number yielded by the calculation set forth in clause (b) shall be determined in good faith by Payee and shall be conclusive and binding on Maker (absent manifest error)zero. For purposes of this Section 82.3.4, the amount of this Note (or the portion of the principal of this Note to be prepaid upon acceleration) Loan on the date of prepayment shall be determined after giving effect to any payment of scheduled amortization made on such date. For purposes hereof, “Treasury Constant Maturity Yield Index” shall mean the average yield for “This Week” as reported by the Federal Reserve Board in Federal Reserve Statistical Release H.15(519) (“FRB Release”) published during the second full week preceding the prepayment date (caused by acceleration The determination of the Loan following the occurrence of an Event of Default) for instruments having a maturity coterminous with the remaining term of this Note. In the event the FRB Release is no longer published, Payee shall select a comparable publication to determine the Treasury Constant Maturity Yield Index. If there is no Treasury Constant Maturity Yield Index for instruments having a maturity coterminous with the remaining term of this Note, then the weighted average yield to maturity of the Treasury Constant Maturity Yield Indices with maturities next longer and shorter than such remaining average life to maturity Maintenance Payments by Lender shall be used, calculated by averaging (conclusive and rounding upward to binding on Borrower in the nearest whole multiple absence of 1/100 of 1% per annum, if the average is not such a multiple) the yields of the relevant Treasury Constant Maturity Yield Indices (rounded, if necessary, to the nearest 1/100 of 1% with any figure of 1/200 or above rounded upward)manifest error.

Repayment Upon Default. If all or any part of the principal amount of this Note the Loan is prepaid upon acceleration of the Loan following the occurrence of an Event of Default at any time prior to the Open Anticipated Prepayment Date, then, in addition to such principal payment, Maker Borrower shall be required to make such payments (the “Yield Maintenance Payments”"YIELD MAINTENANCE PAYMENTS") in an amount equal to the greater of (a) one percent (1%) of the outstanding principal balance of the Loan immediately prior to such prepayment or (b) the excess, if any, of (i) the sum of (A) the aggregate respective present values of all scheduled interest payments payable on each Monthly Payment Date in respect of this Note the Loan (or the portion of all such interest payments corresponding to the portion of the principal of this Note the Loan to be prepaid upon acceleration) for the period from the date of such prepayment upon acceleration to (and including) the Open Anticipated Prepayment Date, discounted monthly at a rate equal to the Treasury Constant Maturity Yield Index and based on a 360-day year of twelve 30-day months and (B) the aggregate respective present values of all scheduled principal payments payable on each Monthly Payment Date in respect of this Note the Loan (or the then unpaid portion thereof to be prepaid upon acceleration) ), assuming for these purposes that the then entire outstanding scheduled principal balance amount of this Note is the Loan as of the Anticipated Prepayment Date were to be paid in full on such Payment Date (rather than over the Open period ending on the Stated Maturity Date), discounted monthly at a rate equal to the Treasury Constant Maturity Yield Index and based on a 360-day year of twelve 30-day months minus over (ii) the then current outstanding principal amount of this Note the Loan (or the then unpaid portion thereof to be prepaid upon acceleration). The If the Yield Maintenance Payments as calculated pursuant to be paid in connection with any prepayment under this Section 8 shall 2.3.4 would not be determined in good faith by Payee and shall be conclusive and binding on Maker (absent manifest error)a positive number, the Yield Maintenance Payments are zero. For purposes of this Section 82.3.4, the amount of this Note (or the portion of the principal of this Note to be prepaid upon acceleration) Loan on the date of prepayment shall be determined after giving effect to any payment of scheduled amortization made on such date. For purposes hereof, “Treasury Constant Maturity Yield Index” shall mean the average yield for “This Week” as reported by the Federal Reserve Board in Federal Reserve Statistical Release H.15(519) (“FRB Release”) published during the second full week preceding the prepayment date (caused by acceleration The determination of the Loan following the occurrence of an Event of Default) for instruments having a maturity coterminous with the remaining term of this Note. In the event the FRB Release is no longer published, Payee shall select a comparable publication to determine the Treasury Constant Maturity Yield Index. If there is no Treasury Constant Maturity Yield Index for instruments having a maturity coterminous with the remaining term of this Note, then the weighted average yield to maturity of the Treasury Constant Maturity Yield Indices with maturities next longer and shorter than such remaining average life to maturity Maintenance Premium by Lender shall be used, calculated by averaging (conclusive and rounding upward to binding on Borrower in the nearest whole multiple absence of 1/100 of 1% per annum, if the average is not such a multiple) the yields of the relevant Treasury Constant Maturity Yield Indices (rounded, if necessary, to the nearest 1/100 of 1% with any figure of 1/200 or above rounded upward)manifest error.

Repayment Upon Default. If all or any part of the principal amount of this Note the Notes is prepaid upon acceleration of the Loan following the occurrence of an Event of Default prior to the Open Anticipated Prepayment Date, then, in addition to such principal payment, Maker Borrower shall be required to make such payments (the “Yield Maintenance Payments”) in an amount equal to the excess, if any, of (i) the sum of (A) the aggregate respective present values of all scheduled interest payments payable on each Monthly Payment Date in respect of this Note the Notes (or the portion of all such interest payments corresponding to the portion of the principal of this Note the Notes to be prepaid upon acceleration) for the period from the date of such prepayment upon acceleration to the Open DateStated Maturity Date with respect to each Note, discounted monthly at a rate equal to the Treasury Constant Maturity Yield Index with respect to each Note and based on a 360-day year of twelve 30-day months and (B) the aggregate respective present values of all scheduled principal payments payable on each Monthly Payment Date in respect of this Note the Notes (or the then unpaid portion thereof to be prepaid upon acceleration) assuming the then outstanding principal balance of this Note the Notes is paid in full on the Open DateStated Maturity Date with respect to each Note, discounted monthly at a rate equal to the Treasury Constant Maturity Yield Index with respect to each Note and based on a 360-day year of twelve 30-day months minus over (ii) the then current outstanding principal amount of this Note the Notes (or the then unpaid portion thereof to be prepaid upon acceleration). If the Yield Maintenance Payments as calculated pursuant to this Section 2.3.3 would not be a positive number, the Yield Maintenance Payments shall be zero. The Yield Maintenance Payments Payments, if any, to be paid in connection with any prepayment under this Section 8 2.3.3 shall be determined in good faith by Payee Lender and written notice of the respective amounts and calculations thereof shall be conclusive and binding on Maker (absent manifest error)furnished to Borrower by Lender promptly after the acceleration. For purposes of this Section 82.3.3, the amount of this Note the Notes (or the portion of the principal of this Note the Notes to be prepaid upon acceleration) on the date of prepayment shall be determined after giving effect to any payment of scheduled amortization made on such date. For purposes hereof, “Treasury Constant Maturity Yield Index” shall mean the average yield for “This Week” as reported by the Federal Reserve Board in Federal Reserve Statistical Release H.15(519) (“FRB Release”) published during the second full week preceding the prepayment date (caused by acceleration of the Loan following the occurrence of an Event of Default) for instruments having a maturity coterminous with the remaining term of this Note. In the event the FRB Release is no longer published, Payee shall select a comparable publication to determine the Treasury Constant Maturity Yield Index. If there is no Treasury Constant Maturity Yield Index for instruments having a maturity coterminous with the remaining term of this Note, then the weighted average yield to maturity of the Treasury Constant Maturity Yield Indices with maturities next longer and shorter than such remaining average life to maturity shall be used, calculated by averaging (and rounding upward to the nearest whole multiple of 1/100 of 1% per annum, if the average is not such a multiple) the yields of the relevant Treasury Constant Maturity Yield Indices (rounded, if necessary, to the nearest 1/100 of 1% with any figure of 1/200 or above rounded upward).

Repayment Upon Default. If all or any part of the principal amount of this Note is prepaid upon acceleration of the Loan following the occurrence of an Event of Default prior to the Open Monthly Payment Date which is one (1) month immediately preceding the Maturity Date, then, in addition to such principal payment, Maker shall be required to make such payments (the “"Yield Maintenance Payments”") in an amount equal to the excess, if any, of (i) the sum of (A) the aggregate respective present values of all scheduled interest payments payable on each Monthly Payment Date in respect of this Note (or the portion of all such interest payments corresponding to the portion of the principal of this Note to be prepaid upon acceleration) for the period from the date of such prepayment upon acceleration to the Open Monthly Payment Date which is one (1) month immediately preceding the Maturity Date, discounted monthly at a rate equal to the Treasury Constant Maturity Yield Index and based on a 360-day year of twelve 30-day months and (B) the aggregate respective present values of all scheduled principal payments payable on each Monthly Payment Date in respect of this Note (or the then unpaid portion thereof to be prepaid upon acceleration) assuming the then outstanding principal balance of this Note is paid in full on the Open Monthly Payment Date which is one (1) month immediately preceding the Maturity Date, discounted monthly at a rate equal to the Treasury Constant Maturity Yield Index and based on a 360-day year of twelve 30-day months minus (ii) the then current outstanding principal amount of this Note (or the then unpaid portion thereof to be prepaid upon acceleration). The Yield Maintenance Payments to be paid in connection with any prepayment under this Section 8 7 shall be determined in good faith by Payee and shall be conclusive and binding on Maker (absent manifest mani-fest error). For purposes of this Section 87, the amount of this Note (or the portion of the principal of this Note to be prepaid upon acceleration) on the date of prepayment shall be determined after giving effect to any payment of scheduled amortization made on such date. For purposes hereof, “Treasury Constant Maturity Yield Index” shall mean the average yield for “This Week” as reported by the Federal Reserve Board in Federal Reserve Statistical Release H.15(519) (“FRB Release”) published during the second full week preceding the prepayment date (caused by acceleration of the Loan following the occurrence of an Event of Default) for instruments having a maturity coterminous with the remaining term of this Note. In the event the FRB Release is no longer published, Payee shall select a comparable publication to determine the Treasury Constant Maturity Yield Index. If there is no Treasury Constant Maturity Yield Index for instruments having a maturity coterminous with the remaining term of this Note, then the weighted average yield to maturity of the Treasury Constant Maturity Yield Indices with maturities next longer and shorter than such remaining average life to maturity shall be used, calculated by averaging (and rounding upward to the nearest whole multiple of 1/100 of 1% per annum, if the average is not such a multiple) the yields of the relevant Treasury Constant Maturity Yield Indices (rounded, if necessary, to the nearest 1/100 of 1% with any figure of 1/200 or above rounded upward)."