Common use of 01(b) Clause in Contracts

01(b). Notwithstanding the filing of any Partial Foreclosure or the entry of a decree of sale therein, Mortgagee may elect, at any time prior to any Partial Foreclosure, to discontinue such Partial Foreclosure and the acceleration of the Obligations by reason of any Event of Default upon which such Partial Foreclosure was predicated, and to proceed with full foreclosure proceedings. Mortgagee may commence a Partial Foreclosure, from time to time, as to any part of the Obligations without exhausting the right of full foreclosure or Partial Foreclosure for any other part of the Obligations as to which such Partial Foreclosure shall not have occurred.

Appears in 3 contracts

Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Dividend Capital Diversified Property Fund Inc.), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Dividend Capital Total Realty Trust Inc.), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (KBS Real Estate Investment Trust II, Inc.)

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01(b). Notwithstanding the filing of any Partial Foreclosure or the entry of a decree of sale therein, Mortgagee Beneficiary may elect, at any time prior to any Partial Foreclosure, to discontinue such Partial Foreclosure and the acceleration of the Obligations by reason of any Event of Default upon which such Partial Foreclosure was predicated, and to proceed with full foreclosure proceedings. Mortgagee Beneficiary may commence a Partial Foreclosure, from time to time, as to any part of the Obligations without exhausting the right of full foreclosure or Partial Foreclosure for any other part of the Obligations as to which such Partial Foreclosure shall not have occurred.

Appears in 1 contract

Samples: Deed of Trust (Kilroy Realty, L.P.)

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