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, Lender may apply the amount received to amounts then due and payable in any manner and in any order determined by Xxxxxx, in Xxxxxx's discretion. Xxxxxxxx agrees that neither Xxxxxx's acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender's application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 54 contracts

Samples: Multifamily Note, Multifamily Note, Multifamily Note

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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, Lender may apply the amount received to amounts then due and payable in any manner and in any order determined by Xxxxxx, in Xxxxxx's ’s discretion. Xxxxxxxx agrees that neither Xxxxxx's ’s acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender's ’s application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 27 contracts

Samples: Multifamily Note (KBS Legacy Partners Apartment REIT, Inc.), Multifamily Note (Behringer Harvard Opportunity REIT II, Inc.), Multifamily Note (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, Lender may apply the amount received to amounts then due and payable in any manner and in any order determined by XxxxxxLender, in XxxxxxLender's discretion. Xxxxxxxx Borrower agrees that neither XxxxxxLender's acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender's application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 25 contracts

Samples: Multifamily Note (Angeles Income Properties LTD 6), Multifamily Note (Shelter Properties Ii LTD Partnership), Multifamily Note (National Property Investors Iii)

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, Lender may apply the amount received that payment to amounts then due and payable in any manner and in any order determined by Xxxxxx, in Xxxxxx's discretion. Xxxxxxxx agrees that neither Xxxxxx's acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender's application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 19 contracts

Samples: Replacement Reserve Agreement, Multifamily Note (Davidson Income Real Estate Lp), Multifamily Note (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, Lender may apply the amount received that payment to amounts then due and payable in any manner and in any order determined by Xxxxxx, in Xxxxxx's ’s discretion. Xxxxxxxx agrees that neither Xxxxxx's ’s acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender's ’s application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 7 contracts

Samples: Multifamily Note, Purchase Money Note (Steadfast Income REIT, Inc.), Fixed+1 Multifamily Note (NNN 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, Lender may apply the amount received that payment to amounts then due and payable in any manner and in any order determined by XxxxxxLender, in Xxxxxx's Lender’s discretion. Xxxxxxxx Borrower agrees that neither Xxxxxx's Lender’s acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender's ’s application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 7 contracts

Samples: Lender Acquisition Agreement (Sylios Corp), Master Credit Facility Agreement (Archstone Inc.), Master Credit Facility Agreement (Colonial Properties Trust)

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

Appears in 6 contracts

Samples: Master Credit Facility Agreement (United Dominion Realty Trust Inc), Master Credit Facility Agreement (Colonial Properties Trust), Master Credit Facility Agreement (Bre Properties Inc /Md/)

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, Lender may apply the amount received that payment to amounts then due and payable in any manner and in any order determined by XxxxxxLxxxxx, in XxxxxxLxxxxx's discretion. Xxxxxxxx Bxxxxxxx agrees that neither XxxxxxLxxxxx's acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender's application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 4 contracts

Samples: Clipper Realty Inc., Acknowledgment and Agreement (Bluerock Enhanced Multifamily Trust, Inc.), American Realty Capital New York Recovery 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, Lender may apply the amount received that payment to amounts then due and payable under this Note in any manner and in any order determined by Xxxxxx, in Xxxxxx's ’s discretion. Xxxxxxxx agrees that neither Xxxxxx's ’s acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender's ’s application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 3 contracts

Samples: Multifamily Note, Multifamily Note, Multifamily Note

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

Appears in 2 contracts

Samples: Rental Restoration and Development Program Permanent Loan Agreement, Neighborhood Landlord Rental Program Permanent Loan 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, Lender may apply the amount received to amounts then due and payable in any manner and in any order determined by XxxxxxLxxxxx, in Xxxxxx's Lxxxxx’s discretion. Xxxxxxxx Bxxxxxxx agrees that neither Xxxxxx's Lxxxxx’s acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender's ’s application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 2 contracts

Samples: Capital Senior Living Corp, Post 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, Lender may apply the amount received to amounts then due and payable in any manner and in any order determined by Xxxxxx, in Xxxxxx's ’s sole discretion. Xxxxxxxx agrees that neither Xxxxxx's ’s acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender's ’s application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 1 contract

Samples: National Tax Credit Investors Ii

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, Lender may apply the amount received that payment to amounts then due and payable in any manner and in any order determined by XxxxxxLender, in XxxxxxLender's discretion. Xxxxxxxx Borrower agrees that neither XxxxxxLender's acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender's application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.. Form 4100-PIO Mltifamily Interest Only Fixed Note Bellevue Manor

Appears in 1 contract

Samples: Multifamily Note (Emeritus Corp\wa\)

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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, Lender may apply the amount received that payment to amounts then due and payable in any manner and in any order determined by Xxxxxx, in Xxxxxx's discretion. Xxxxxxxx Xxxxxxxx-agrees that neither Xxxxxx's acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender's application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 1 contract

Samples: American Realty Capital New York Recovery 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, Lender may apply the amount received that payment to amounts then due and payable in any manner and in any order determined by XxxxxxLender, in XxxxxxLender's discretion. Xxxxxxxx Borrower agrees that neither Xxxxxx's xxxxxxr Lenxxx'x acceptance of a payment xxxxxxx from Borrower in an amount xxxxxx that is less than all amounts then due and payable nor Lender's application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 1 contract

Samples: Multifamily Note (Secured Investment Resources Fund Lp Iii)

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, Lender may apply the amount received that.payment to amounts then due and payable in any manner and in any order determined by Xxxxxx, in Xxxxxx's discretion. Xxxxxxxx agrees that neither Xxxxxx's acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender's application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 1 contract

Samples: American Community Properties Trust

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, Lender may apply the amount received to amounts then due and payable in any manner and in any order determined by Xxxxxx, in Xxxxxx's discretion. Xxxxxxxx agrees that neither Xxxxxx's acceptance of a payment from Borrower in an amount that is less than all amounts mounts then due and payable nor Lender's application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 1 contract

Samples: Davidson Diversified Real Estate Ii Limited Partnership

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

Appears in 1 contract

Samples: Landa App LLC

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which that is less than all amounts due and payable at such time, Lender may apply the amount received that payment to amounts then due and payable in any manner and in any order determined by Xxxxxx, in Xxxxxx's discretion. Xxxxxxxx agrees that neither Xxxxxx's acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender's application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 1 contract

Samples: Sun 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, Lender may apply the amount received that payment to amounts then due and payable in any manner and in any order determined by XxxxxxLender, in XxxxxxLender's discretion. Xxxxxxxx agrees Xxxxxwer axxxxx that neither Xxxxxx's acceptance Lexxxx'x xcceptance of a payment from paymenx xxxx Borrower in an amount that is less than all amounts then due and payable nor Lender's application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 1 contract

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

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