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Typically, violation of a covenant may result in a default on the loan being declared, penalties being applied, or the loan being called. The legal provision in the loan agreement providing for the loan to be "called" is the " acceleration clause ": once the buyer defaults, all future payments due under the loan are "accelerated" and deemed to ...
The covenant may be negative or affirmative. A negative covenant is one in which property owners are unable to perform a specific activity, such as block a scenic view. An affirmative covenant is one in which property owners must actively perform a specific activity, such as keeping the lawn tidy or paying homeowner's association dues for the ...
A covenant in its most general sense and historical sense, is a solemn promise to engage in or refrain from a specified action. A covenant is a type of agreement analogous to a contractual condition. The covenantor makes a promise to a covenantee to do (affirmative covenant) or not do some action (negative covenant).
Technical default occurs when an affirmative or a negative covenant is violated. Affirmative covenants are clauses in debt contracts that require firms to maintain certain levels of capital or financial ratios. The most commonly violated restrictions in affirmative covenants are tangible net worth, working capital/short term liquidity, and debt ...
Covenant of warranty: Covenants that represent seller's promise to protect the buyer against anyone who comes along later and claims paramount title to the property. [1] [5] Covenant of further assurances: The covenant of further assurances requires the seller to take affirmative steps to cure any defects in the grantor's title. [1] [6]
James defined what affirmative action is in its most basic form. "(It) is a policy that encourages state institutions to take affirmative action to make sure their processes are fair," she explains.
An affirmative easement is the right to use another property for a specific purpose while a negative easement is the right to prevent another from performing an otherwise lawful activity on their own property. For example, an affirmative easement might allow land owner A to drive their cattle over the land of B. A has an affirmative easement ...
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