Common use of Beneficiary’s Judicial Remedies Clause in Contracts

Beneficiary’s Judicial Remedies. Beneficiary, or Trustee upon written request of Beneficiary, may proceed by suit or suits, at law or in equity, to enforce the payment of the indebtedness to foreclose the liens and security interests of this Deed of Trust as against all or any part of the Property, and to have all or any part of the Property sold under the judgment or decree of a court of competent jurisdiction. This remedy shall be cumulative of any other nonjudicial remedies available to Beneficiary under this Deed of Trust or the other Loan Documents. Proceeding with a request or receiving a judgment for legal relief shall not be or be deemed to be an election of remedies and shall not bar any available nonjudicial remedy of Beneficiary.

Appears in 7 contracts

Samples: Leasehold Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Nevada Gold & Casinos Inc), Leasehold Deed of Trust (Nevada Gold & Casinos Inc), Leasehold Deed of Trust (Nevada Gold & Casinos Inc)

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Beneficiary’s Judicial Remedies. Beneficiary, or Trustee upon written request of Beneficiary, may proceed by suit or suits, at law or in equity, to enforce the payment of the indebtedness Debt to foreclose the liens and security interests of this Deed of Trust as against all or any part of the Mortgaged Property, and to have all or any part of the Mortgaged Property sold under the judgment or decree of a court of competent jurisdiction. This remedy shall be cumulative of any other nonjudicial remedies available to the Beneficiary under this Deed of Trust or the other Loan Documents. Proceeding with a request or receiving a judgment for legal relief shall not be or be deemed to be an election of remedies and shall not or bar any available nonjudicial remedy of the Beneficiary.

Appears in 5 contracts

Samples: Deed of Trust (HRPT Properties Trust), Deed of Trust (HRPT Properties Trust), Deed of Trust (HRPT Properties Trust)

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Beneficiary’s Judicial Remedies. Beneficiary, or Trustee upon written request of Beneficiary, may proceed by suit or suits, at law or in equity, to enforce the payment of the indebtedness Debt to foreclose the liens and security interests of this Deed of Trust Security Instrument as against all or any part of the Property, and to have all or any part of the Property sold under the judgment or decree of a court of competent jurisdiction. This remedy shall be cumulative of any other nonjudicial remedies available to Beneficiary under this Deed of Trust Security Instrument, the Note or the other Other Loan Documents. Proceeding with a request or receiving a judgment for legal relief shall not be or be deemed to be an election of remedies and shall not or bar any available nonjudicial remedy of Beneficiary.

Appears in 1 contract

Samples: Leasehold Indemnity Deed of Trust and Security Agreement (Columbia Equity Trust, Inc.)

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