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5.14 Incorporation of Credit Agreement. The terms of the Credit Agreement and the <br />other Loan Documents are incorporated by reference herein as though set forth in full detail. <br />Grantor has received a copy of and is fully familiar with the terms and provisions of the Credit <br />Agreement and the other Loan Documents. In the event of any conflict between the terms and <br />provisions of this Security Instrument and any other Loan Document, the terms and provisions of <br />such other Loan Document shall control. <br />NAI- 1502659666v3 <br />-24- <br />201703609 <br />(a) in the event that any provision in this Security Instrument shall be <br />inconsistent with any provision of applicable law, the provisions of applicable law shall <br />take precedence over the provisions of this Security Instrument, but shall not invalidate or <br />render unenforceable any other provision of this Security Instrument that can be construed <br />in a manner consistent with applicable law; <br />(b) if any provision of this Security Instrument shall grant to Grantee any rights <br />or remedies upon default of Grantor which are more limited than the rights that would <br />otherwise be vested in Grantee under applicable law in the absence of said provision, <br />Grantee shall be vested with the rights granted under applicable law to the full extent <br />permitted by law; and <br />(c) it is the intention of the parties to conform strictly to the usury laws, whether <br />state or federal, that are applicable to the Credit Agreement, or the Security Instrument. All <br />agreements between Grantor and Grantee, whether now existing or hereafter arising and <br />whether oral or written, are hereby expressly limited so that in no contingency or event <br />whatsoever shall the amount paid or agreed to be paid for the use, forbearance or detention <br />of the money loaned or to be loaned under the Credit Agreement, or this Security <br />Instrument, or for the payment or performance of any covenant or obligation, direct or <br />contingent, contained herein or in the Credit Agreement, exceed the maximum amount <br />permissible under applicable federal or state usury laws. If under any circumstances <br />whatsoever fulfillment of any provision hereof or of the Credit Agreement, at the time <br />performance of such provision shall be due, shall involve exceeding the limit of validity <br />prescribed by law, then the obligation to be fulfilled shall be reduced to the limit of such <br />validity. If under any circumstances Grantor shall have paid an amount deemed interest by <br />applicable law, which would exceed the highest lawful rate, such amount that would be <br />excessive interest under applicable usury laws shall be applied to the reduction of the <br />principal amount owing in respect of the Loans and not to the payment of interest, or if <br />such excessive interest exceeds the unpaid balance of principal and any other amounts due <br />hereunder, the excess shall be refunded to Grantor. All sums paid or agreed to be paid for <br />the use, forbearance or detention of the principal under the Loans shall, to the extent <br />permitted by applicable law, and to the extent necessary to preclude exceeding the limit of <br />validity prescribed by law, be amortized, prorated, allocated and spread from the date of <br />this Security Instrument until payment in full of the Secured Indebtedness so that the actual <br />rate of interest on account of such principal amounts is uniform throughout the term hereof. <br />The terms and provisions of this subparagraph shall control and supersede every other <br />provision of any Loan Document. <br />