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 hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right or remedy. The acceptance by Beneficiary of payment of any sum secured by this Deed of 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, subject to any notice or grace period expressly provided for in the Credit Agreement. The procurement of insurance or the payment of taxes or other liens or charges by Beneficiary in accordance with the Loan Documents shall not be a waiver of Beneficiary’s right to accelerate the maturity of the indebtedness secured by this Deed of Trust in accordance with the Loan Documents, nor shall Beneficiary’s receipt of any awards, proceeds or damages, whether as proceeds of insurance or condemnation awards or otherwise, operate to cure or waive Trustor’s default in payment of sums secured by this Deed of Trust.

Forbearance by Beneficiary Not a Waiver. Any forbearance by Beneficiary in exercising any right or remedy hereunder, hereunder or otherwise afforded by applicable law, law shall not be a waiver of or preclude the exercise of any other right or remedy, and no waiver by Beneficiary of any particular default by Grantor shall constitute a waiver of any other default or of any similar default in the future. The Without limiting the generality of the foregoing, the acceptance by Beneficiary of payment of any sum secured by this Deed of Trust after the due date of such payment thereof 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 for failure to make prompt payment, subject to any notice or grace period expressly provided for in the Credit Agreement. The procurement of insurance or the payment of taxes or other liens or charges by Beneficiary in accordance with the Loan Documents shall not be a waiver of Beneficiary’s right to accelerate the maturity of the indebtedness secured by this Deed of Trust in accordance with the Loan DocumentsTrust, nor shall Beneficiary’s receipt of any awards, proceeds proceeds, or damages, whether as proceeds damages under the provisions of insurance or condemnation awards or otherwise, the Credit Agreement and the Security Agreement operate to cure or waive TrustorGrantor’s default in payment of sums secured by this Deed of Trust.