Common use of Forbearance by Beneficiary Not a Waiver Clause in Contracts

Forbearance by Beneficiary Not a Waiver. Any forbearance by Beneficiary in exercising any right or remedy under any of the Loan Documents, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right or remedy. Beneficiary’s acceptance of payment of any sum secured by any of the Loan Documents after the due date of such payment shall not be a waiver of Beneficiary’s right to either require prompt payment when due of all other sums so secured or to declare a default for failure to make prompt payment. The procurement of insurance or the payment of taxes or other liens or charges by Beneficiary shall not be a waiver of Beneficiary’s right to accelerate the maturity of the Indebtedness, nor shall Beneficiary’s receipt of any awards, proceeds or damages under Paragraph 5 hereof operate to cure or waive Grantor’s default in payment or sums secured by any of the Loan Documents. With respect to all Loan Documents, only waivers made in writing by Beneficiary shall be effective against Beneficiary.

Appears in 4 contracts

Samples: www.sec.gov, Management Agreement (NNN Healthcare/Office REIT, Inc.), Maguire Properties Inc

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Forbearance by Beneficiary Not a Waiver. Any forbearance by Beneficiary in exercising any right or remedy under any of the Loan Documentshereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right or remedy. Beneficiary’s The acceptance by Beneficiary of payment of any sum secured by any this Deed of the Loan Documents Trust after the due date of such payment shall not be a waiver of Beneficiary’s right either to either require prompt payment when due of all other sums so secured or to declare a default Default for failure to make prompt payment. The procurement of insurance or the payment of taxes or other liens or charges by Beneficiary shall not be a waiver of Beneficiary’s right to accelerate the maturity of the Indebtedness, indebtedness secured by this Deed of Trust nor shall Beneficiary’s receipt of any awards, proceeds or damages under Paragraph 5 hereof this Deed of Trust operate to cure or waive Grantor’s default in any Default with respect to any payment or sums secured by any this Deed of the Loan Documents. With respect to all Loan Documents, only waivers made in writing by Beneficiary shall be effective against BeneficiaryTrust.

Appears in 2 contracts

Samples: Option Agreement, Option Agreement

Forbearance by Beneficiary Not a Waiver. Any forbearance by Beneficiary in exercising any right rights or remedy under any of the Loan Documentshereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right or remedy. Beneficiary’s The acceptance by Beneficiary of payment of any sum secured by any of the Loan Documents this Instrument after the due date of such payment shall not be a waiver of Beneficiary’s 's right to either require prompt payment when due of all other sums so secured or to declare a default for failure to make prompt payment. The procurement of insurance or the payment of taxes or other liens or charges by Beneficiary shall not be a waiver of Beneficiary’s 's right to accelerate the maturity of the Indebtedness, nor shall Beneficiary’s receipt 's receipts of any awards, proceeds or damages under Paragraph 5 hereof this Instrument operate to cure or waive Grantor’s 's default in payment or of sums secured by any of the Loan Documents. With respect to all Loan Documents, only waivers made in writing by Beneficiary shall be effective against Beneficiarythis Instrument.

Appears in 1 contract

Samples: Palweb Corp

Forbearance by Beneficiary Not a Waiver. Any forbearance by Beneficiary in exercising any right or remedy under any of the Loan Documentshereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right or remedy. Beneficiary’s The acceptance by Beneficiary of payment of any sum secured by any this Deed of the Loan Documents Trust after the due date of such payment shall not be a waiver of Beneficiary’s 's right to either require prompt payment when due of all other sums so secured or to declare a default for failure to make prompt payment. The procurement of insurance or the payment of taxes or other liens or charges by Beneficiary shall not be a waiver of Beneficiary’s 's right to accelerate the maturity of the Indebtedness, nor shall Beneficiary’s receipt 's receipts of any awards, proceeds or damages under Paragraph 5 hereof Article 4 operate to cure or waive Grantor’s 's default in payment or of sums secured by any this Deed of the Loan Documents. With respect to all Loan Documents, only waivers made in writing by Beneficiary shall be effective against BeneficiaryTrust.

Appears in 1 contract

Samples: (Security Agreement and Financing Statement) (Cornerstone Healthcare Plus Reit, Inc.)

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Forbearance by Beneficiary Not a Waiver. Any forbearance by Beneficiary in exercising any right or remedy under any of the Loan Documents, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right or remedy. Beneficiary’s 's acceptance of payment of any sum secured by any of the Loan Documents after the due date of such payment shall not be a waiver of Beneficiary’s 's right to either require prompt payment when due of all other sums so secured or to declare a default for failure to make prompt payment. The procurement of insurance or the payment of taxes or other liens or charges by Beneficiary shall not be a waiver of Beneficiary’s 's right to accelerate the maturity of the Indebtedness, nor shall Beneficiary’s 's receipt of any awards, proceeds or damages under Paragraph PARAGRAPH 5 hereof operate to cure or waive Grantor’s 's default in payment or sums secured by any of the Loan Documents. With respect to all Loan Documents, only waivers made in writing by Beneficiary shall be effective against Beneficiary.

Appears in 1 contract

Samples: NNN 2003 Value Fund LLC

Forbearance by Beneficiary Not a Waiver. Any forbearance by Beneficiary in exercising any right or remedy under any of the Loan Documentshereunder, or otherwise afforded by applicable law, law shall not be a waiver of or preclude the exercise of any right or remedy. Beneficiary’s The acceptance by Beneficiary of payment of any sum secured by any this Deed of the Loan Documents Trust after the due date of such payment shall not be a waiver of Beneficiary’s right to either require prompt payment when due of all other sums so secured or to declare a default for failure to make prompt payment. The procurement of insurance or the payment of taxes or other liens or charges by Beneficiary shall not be a waiver of Beneficiary’s right to accelerate the maturity of the Indebtedness, indebtedness secured by this Deed of Trust nor shall Beneficiary’s receipt of any awards, proceeds or damages under Paragraph 5 hereof operate to cure or waive GrantorTrustor’s default in payment or of sums secured by any this Deed of the Loan Documents. With respect to all Loan Documents, only waivers made in writing by Beneficiary shall be effective against BeneficiaryTrust.

Appears in 1 contract

Samples: Calprop Corp

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