Common use of Care and Diligence Clause in Contracts

Care and Diligence. The failure of Lender or any other party to exercise diligence or reasonable care in, or the negligence of Lender regarding, the preservation, protection, enforcement, sale, or other handling or treatment of all or any part of such collateral, including, without limitation, the failure of Lender to foreclose on any collateral mortgaged or pledged under any of the Security Documents or the delay by Lender in instituting or prosecuting any right or remedy under any of the Security Documents, including, without limitation, the right to foreclose on collateral by non-judicial foreclosure sale or otherwise;

Appears in 6 contracts

Samples: Guaranty Agreement (STW Resources Holding Corp.), Guaranty Agreement (STW Resources Holding Corp.), Guaranty Agreement (Moody National REIT I, Inc.)

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Care and Diligence. The failure of Lender or any other party to exercise diligence or reasonable care in, or the negligence of Lender regarding, the preservation, protection, enforcement, sale, or other handling or treatment of all or any part of such collateral, including, including without limitation, limitation the failure of Lender to foreclose on any collateral mortgaged or pledged under any of the Security Documents a Loan Document or the delay by Lender in instituting or prosecuting any right or remedy under any of the Security Documentsa Loan Document, including, including without limitation, limitation the right to foreclose on collateral by non-judicial nonjudicial foreclosure sale or otherwise;.

Appears in 1 contract

Samples: Commercial Guaranty Agreement (Independent Bank Group Inc)

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Care and Diligence. The failure of Lender or any other party to exercise diligence or reasonable care in, or the negligence of Lender regarding, in the preservation, protection, enforcement, sale, sale or other handling or treatment of all or any part of such collateral, includingproperty or security, without limitationincluding but not limited to any neglect, the delay, omission, failure or refusal of Lender (a) to foreclose on take or prosecute any collateral mortgaged or pledged under action for the collection of any of the Security Documents Guaranteed Obligations or the delay by Lender in instituting (b) to foreclose, or prosecuting initiate any right or remedy under action to foreclose, or, once commenced, prosecute to completion any of the Security Documents, including, without limitation, the right action to foreclose on collateral by non-judicial foreclosure sale or otherwise;upon any security therefor or

Appears in 1 contract

Samples: Guaranty Agreement (Griffin Capital Essential Asset REIT II, Inc.)

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