Borrower agrees to spend so you can Financial realistic attorneys’ charges and realistic court costs sustained inside the enforcing Lender’s legal rights, vitality and you will treatments lower than it Arrangement and every almost every other Financing Document

Section 7.03 Due and you can Payable. Upon the occurrence of any Event of Default which has not been waived in writing by Lender, Lender may, by notice to Borrower, declare all Obligations to be immediately due and payable, and any obligation of Lender to make any Loan Advance to Borrower shall thereupon immediately terminate. Upon such declaration, the Obligations shall become immediately due and payable, both as to principal and interest, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Note or other evidence of such Obligations to the contrary notwithstanding, except with respect to any Event of Default set forth in Section 7.01(d), in https://paydayloanalabama.com/hoover/ which case all Obligations shall automatically become immediately due and payable without the necessity of any notice or other demand, and any obligation of Lender to make any Loan Advance to Borrower shall immediately terminate. Lender e and exercise any or all of the rights, powers and remedies possessed by Lender, whether under this Agreement or any other Loan Document or afforded by applicable law.

An event of Default hereunder and under any Note otherwise lower than any of the Mortgage Files is considered to be continuing until and you can up until waived on paper because of the Financial, as the provided inside Part seven

Section 7.05 Standard Speed. Without regard to whether Lender has exercised any other rights or remedies hereunder, if an Event of Default shall have occurred and be continuing, the applicable Margin in respect of the Interest Rate under the Note shall be increased, to the extent permitted by law, as set forth in clauses (iii)(A) and (iii)(B), as applicable, of the definition of Margin.

Section 8.01 Whole Agreement. This Agreement (including the Schedules and Exhibits hereto) constitutes the entire agreement of the parties hereto and supersedes any and all prior or contemporaneous agreements, written or oral, as to the matters contained herein, and no modification or waiver of any provision hereof or of the Note or any of the Loan Documents, nor consent to the departure by Borrower therefrom, shall be effective unless the same is in writing, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which it is given.

Section 8.02 Waivers, endment or waiver effected in accordance with this informative article VIII will feel binding abreast of Bank and you can Borrower; and you can Lender’s inability so you’re able to require the latest rigorous efficiency of any term, updates and other provision from the Agreement, the fresh new Mention otherwise some of the Mortgage Data, or to do it one correct or remedy hereunder otherwise thereunder, should perhaps not make-up good waiver of the Lender of every instance title, condition or any other provision otherwise Standard otherwise Event out of Default from inside the connection therewith, nor should a single otherwise limited exercise of every including right or answer prevent various other otherwise future exercise, or perhaps the get it done of every almost every other proper otherwise answer; and you will one waiver of any such as for instance label, position or other supply or of any for example Default otherwise Feel off Default will perhaps not connect with otherwise changes that it Contract, the fresh Mention or any of the Loan Records, and each title, standing or any other supply with the Contract, the newest Mention as well as the Loan Files shall, such enjoy, continue entirely push and you will impression and you will shall be operative that have admiration to the most other following existing otherwise then Standard or Experience of Default for the union therewith. 02.