The fresh remedies taken to here is actually cumulative and so are perhaps not personal of every almost every other treatments available with laws

Borrower believes to invest in order to Bank realistic attorneys’ fees and you will sensible legal expenses sustained into the enforcing Lender’s liberties, powers and you will remedies lower than that it Agreement and each other Loan File

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 https://paydayloanalabama.com/nances-creek/ Obligations to the contrary notwithstanding, except with respect to any Event of Default set forth in Section 7.01(d), in 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 out-of Default hereunder and below one Mention otherwise not as much as all Loan Files should be considered to be persisted until and you can up to waived written down by the Financial, given that offered inside Area seven

Section 7.05 Standard Rate. 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 Entire 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 otherwise waiver affected in line with this particular article VIII will become binding up on Financial and Borrower; and you can Lender’s incapacity so you can insist on the fresh strict performance of every label, status or any other supply of the Agreement, the brand new Notice otherwise any of the Financing Files, or perhaps to do it people correct or solution hereunder or thereunder, will not form a beneficial waiver of the Financial of every such as for example title, condition or other provision or Standard or Experience out-of Default when you look at the union therewith, neither shall just one otherwise partial exercise of every particularly best or option prevent all other or future take action, and/or do it of every almost every other correct or solution; and you can any waiver of every eg term, position or other supply or of any for example Default or Feel from Standard shall not affect otherwise changes which Agreement, the Mention or all Loan Data files, and each and every name, condition or any other provision on the Agreement, the newest Mention and Loan Records shall, this kind of experiences, keep completely force and you will effect and you will are going to be medical that have esteem to virtually any other following existing or next Default otherwise Experience away from Default from inside the commitment therewith. 02.