Forbearance by Lender Not a Waiver. Any forbearance by Lender 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 Lender of payment of any sum secured by this Instrument after the due date of such payment shall not be a waiver of Lender'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 Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Instrument, nor shall Lender's receipt of any awards, proceeds or damages, whether as proceeds of insurance or condemnation awards or otherwise, operate to cure or waive Borrower's default in payment of sums secured by this Instrument.
Appears in 6 contracts
Samples: Mortgage, Assignment of Leases and Rents and Security Agreement (Acadia Realty Trust), Mortgage, Assignment of Rents and Security Agreement (Gladstone Commercial Corp), Open End Mortgage, Assignment of Leases and Rents and Security Agreement (Acadia Realty Trust)
Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunderunder 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. The Lender's acceptance by Lender of payment of any sum secured by this Instrument any of the Loan Documents after the due date of such payment shall not be a waiver of Lender'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 Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this InstrumentIndebtedness, nor shall Lender's receipt of any awards, proceeds or damages, whether as proceeds of insurance or condemnation awards or otherwise, damages under PARAGRAPH 5 hereof operate to cure or waive Borrower's default in payment of or sums secured by this Instrumentany of the Loan Documents. With respect to all Loan Documents, only waivers made in writing by Lender shall be effective against Lender.
Appears in 5 contracts
Samples: Mortgage, Security Agreement and Fixture Filing (Equity Lifestyle Properties Inc), Subordinate Mortgage, Security Agreement and Fixture Filing (NNN Healthcare/Office REIT, Inc.), Subordinate Mortgage, Security Agreement and Fixture Filing (NNN Healthcare/Office REIT, Inc.)
Forbearance by Lender Not a Waiver. Any forbearance by Lender 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 Lender of payment of any sum secured by this Instrument after the due date of such payment shall not be a waiver of Lender'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 Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Instrument, nor shall Lender's receipt of any awards, proceeds or damages, whether as proceeds of insurance or condemnation awards or otherwise, damages under paragraphs 5 and 11 hereof operate to cure or waive Borrower's default in payment of sums secured by this Instrument.
Appears in 3 contracts
Samples: Multi Family Deed of Trust, Deed of Trust (Capital Senior Living Corp), Mortgage, Assignment of Rents and Security Agreement (Microware Systems Corp)
Forbearance by Lender Not a Waiver. Any forbearance by Lender 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 Lender of payment of any sum secured by this Instrument after the due date of such payment shall not be a waiver of Lender'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 Lender shall not be a waiver of Lender's ’s right to accelerate the maturity of the indebtedness secured by this Instrument, nor shall Lender's ’s receipt of any awards, proceeds or damages, whether as proceeds of insurance or condemnation awards or otherwise, damages under paragraphs 5 and 11 hereof operate to cure or waive Borrower's ’s default in payment of sums secured by this Instrument.
Appears in 2 contracts
Samples: Deed of Trust (First Potomac Realty Trust), Purchase and Sale Agreement (New York Times Co)
Forbearance by Lender Not a Waiver. Any forbearance by Lender 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 other right or remedy. The acceptance by Lender of payment of any sum secured by this Instrument after the due date of such payment shall not be a waiver of Lender'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 Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness Indebtedness secured by this Instrument, nor shall Lender's receipt of any awards, proceeds or damages, whether as proceeds of insurance or condemnation awards or otherwise, damages under Sections 5 and 11 hereof operate to cure or waive Borrower's default in payment of sums secured by this Instrument.
Appears in 2 contracts
Samples: Commercial Deed of Trust, Security Agreement, Assignment of Leases and Rents, Financing Statement and Fixture Filing (Western Express Holdings, Inc.), Commercial Deed of Trust (Charming Shoppes Inc)
Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunderhereunder or under the Instrument, or any of the other Loan Documents or Instruments, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right or remedyremedy available to Lender. The acceptance by Lender of payment of any sum secured by this the Instrument after the due date of such payment shall not be a waiver of Lender'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 Lender shall not be a waiver of Lender's ’s right to accelerate the maturity of the indebtedness secured by this Instrumentthe Instrument or by any of the other Instruments after notice of such breach and failure of Borrower to cure as hereinafter provided, nor shall Lender's ’s receipt of any awards, proceeds or damages, whether as proceeds of insurance or condemnation awards or otherwise, damages under paragraphs 6 and 10 hereof operate to cure or waive Borrower's ’s default in payment of sums secured by this Instrumentthe Instrument or by any of the other Instruments.
Appears in 2 contracts
Samples: Loan Agreement (Friendco Restaurants Inc), Loan Agreement (Davco Acquisition Holding Inc)
Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunderunder 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. The Lender's acceptance by Lender of payment of any sum secured by this Instrument any of the Loan Documents after the due date of such payment shall not be a waiver of Lender'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 Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this InstrumentIndebtedness, nor shall Lender's receipt of any awards, proceeds or damages, whether as proceeds of insurance or condemnation awards or otherwise, damages under Paragraph 5 hereof operate to cure or waive Borrower's default in payment of or sums secured by this Instrumentany of the Loan Documents. With respect to all Loan Documents, only waivers made in writing by Lender shall be effective against Lender.
Appears in 2 contracts
Samples: Mortgage (Ramco Gershenson Properties Trust), Mortgage, Assignment of Rents and Security Agreement (Historic Preservation Properties 1989 Limited Partnership)
Forbearance by Lender Not a Waiver. Any forbearance by Lender 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 Lender of payment of any sum secured by this Instrument Mortgage after the due date of such payment shall not be a waiver of Lender'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 Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this InstrumentMortgage, nor shall Lender's receipt of any awards, proceeds or damages, whether as proceeds of insurance or condemnation awards or otherwise, damages operate to cure or waive Borrower's default in payment of sums secured by this InstrumentMortgage.
Appears in 2 contracts
Samples: Ship Agreement, Ship Agreement
Forbearance by Lender Not a Waiver. Any forbearance by Lender in --------------------------------------- exercising any right or remedy hereunderunder 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. The Lender's acceptance by Lender of payment of any sum secured by this Instrument any of the Loan Documents after the due date of such payment shall not be a waiver of Lender'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 Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this InstrumentLoan, nor shall Lender's receipt of any awards, proceeds proceeds, or damages, whether as proceeds damages under Section 4 of insurance or condemnation awards or otherwise, any Mortgage operate to cure or waive Borrower's or Guarantor's ----- default in payment of sums secured by this Instrumentany of the Loan Documents. With respect to all Loan Documents, only waivers made in writing by Lender shall be effective against Lender.
Appears in 2 contracts
Samples: Loan Agreement (Emeritus Corp\wa\), Loan Agreement (Emeritus Corp\wa\)
Forbearance by Lender Not a Waiver. Any forbearance by Lender 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 Lender of payment of any sum secured by this Instrument after the due date of such payment shall not be a waiver of Lender'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 Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Instrument, nor shall Lender's receipt of any awards, proceeds or damages, whether as proceeds of insurance or condemnation awards or otherwise, damages under PARAGRAPHS 5 AND 11 hereof operate to cure or waive Borrower's default in payment of sums secured by this Instrument.
Appears in 2 contracts
Samples: Wrap Around Mortgage, Assignment of Rents, Security Agreement and Fixture Filing (Corporate Property Associates 17 - Global INC), Promissory Note (Metatec International Inc)
Forbearance by Lender Not a Waiver. Any forbearance by Lender 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 other right or remedy. The acceptance by Lender of payment of any sum secured by this Instrument after the due date of such payment shall not be a waiver of Lender'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 Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness Indebtedness secured by this Instrument, nor shall Lender's receipt of any awards, proceeds or damages, whether as proceeds of insurance or condemnation awards or otherwise, damages under SECTIONS 5 and 11 hereof operate to cure or waive Borrower's default in payment of sums secured by this Instrument.
Appears in 1 contract
Samples: Mortgage, Security Agreement, and Assignment of Leases and Rents (Michael Anthony Jewelers Inc)
Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunderunder 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. The Lender's acceptance by Lender of payment of any sum secured by this Instrument any of the Loan Documents after the due date of such payment shall not be a waiver of Lender'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 Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this InstrumentLoan, nor shall Lender's receipt of any awards, proceeds or damages, whether as proceeds of insurance or condemnation awards or otherwise, damages operate to cure or waive Borrower's or Guarantor's, default in payment of or sums secured by this Instrumentany of the Loan Documents. With respect to all Loan Documents, only waivers made in writing by Lender shall be effective against Lender.
Appears in 1 contract
Samples: Loan Agreement (Pelican Properties International Corp)
Forbearance by Lender Not a Waiver. Any forbearance by Lender 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 Lender of payment of any sum secured by this Instrument after the due date of such payment shall not be a waiver of Lender'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 Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Instrument, nor shall . Lender's receipt of any awards, proceeds or damages, whether as proceeds of insurance or condemnation awards or otherwise, damages under paragraphs 5 and 11 hereof shall not operate to cure or waive Borrower's default in payment of sums secured by this Instrument.
Appears in 1 contract
Samples: Deed of Trust, Assignment of Rents and Security Agreement (Glimcher Realty Trust)
Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunderunder 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. The Lender's acceptance by Lender of payment of any sum secured by this Instrument any of the Loan Documents after the due date of such payment shall not be a waiver of Lender'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 Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this InstrumentLoan, nor shall Lender's receipt of any awards, proceeds proceeds, or damages, whether as proceeds damages under Section 4 of insurance or condemnation awards or otherwise, any Mortgage operate to cure or waive Borrower's or Guarantor's default in payment of sums secured by this Instrument.any of the Loan Documents. With respect to all Loan Documents,
Appears in 1 contract
Samples: Loan Agreement (Balanced Care Corp)
Forbearance by Lender Not a Waiver. Any forbearance by the Lender 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 the Lender of payment of any sum secured by this Instrument Agreement after the due date of such payment shall not be a waiver of the Lender'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 taxes, rents or other liens or charges by the Lender shall not be a waiver of the Lender's ’s right to accelerate the maturity of the indebtedness secured by this InstrumentAgreement, nor shall the Lender's ’s receipt of any awards, proceeds or damages, whether damages as proceeds of insurance or condemnation awards or otherwise, provided in this Agreement operate to cure or waive the Borrower's ’s default in payment of sums secured by this Instrumentthe Loan Documents.
Appears in 1 contract
Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunderunder 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. The Lender’s acceptance by Lender of payment of any sum secured by this Instrument any of the Loan Documents after the due date of such payment shall not be a waiver of Lender'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 Lender shall not be a waiver of Lender's ’s right to accelerate the maturity of the indebtedness secured by this InstrumentLoan, nor shall Lender's ’s receipt of any awards, proceeds proceeds, or damages, whether as proceeds of insurance or condemnation awards or otherwise, damages the Mortgage operate to cure or waive Borrower's ’s or the Stockholder’s default in payment of sums secured by this Instrumentany of the Loan Documents. With respect to all Loan Documents, only waivers made in writing by Lender shall be effective against Lender.
Appears in 1 contract
Samples: Mortgage Loan Agreement (Sunlink Health Systems Inc)
Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunderunder 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. The Lender's acceptance by Lender of payment of any sum secured by this Instrument any of the Loan Documents after the due date of such payment shall not be a waiver of Lender'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 Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this InstrumentLoan, nor shall Lender's receipt of any awards, proceeds proceeds, or damages, whether as proceeds damages under Section 4 of insurance or condemnation awards or otherwise, the Mortgage operate to cure or waive Borrower's or the Principal's default in payment of sums secured by this Instrumentany of the Loan Documents. With respect to all Loan Documents, only waivers made in writing by Lender shall be effective against Lender.
Appears in 1 contract
Forbearance by Lender Not a Waiver. Any forbearance by Lender 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 other right or remedy. The acceptance by Lender of payment of any sum secured by this Instrument after the due date of such payment shall not be a waiver of Lender'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 Lender shall not be a waiver of Lender's ’s right to accelerate the maturity of the indebtedness Indebtedness secured by this Instrument, nor shall Lender's ’s receipt of any awards, proceeds or damages, whether as proceeds of insurance or condemnation awards or otherwise, damages under Sections 5 and 11 hereof operate to cure or waive Borrower's ’s default in payment of sums secured by this Instrument.
Appears in 1 contract
Forbearance by Lender Not a Waiver. Any forbearance by Lender 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 Lender of payment of any sum secured by this Instrument after the due date of such payment shall not be a waiver of Lender'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 Lender shall not be a waiver of Lender's right to accelerate accelerator the maturity of the indebtedness secured by this Instrument, nor shall Lender's receipt of any awards, proceeds or damages, whether as proceeds of insurance or condemnation awards or otherwise, damages under paragraphs 5 and 11 hereof operate to cure or waive Borrower's default in payment of sums secured by this Instrument.
Appears in 1 contract
Samples: Multifamily Mortgage, Assignment of Rents and Security Agreement (Maxus Realty Trust Inc)
Forbearance by Lender Not a Waiver. Any forbearance by Lender 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 Lender of payment of any sum secured by this Instrument after the due date of such payment shall not be a waiver of Lender'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 Lender shall not be a waiver of Lender's ’s right to accelerate the maturity of the indebtedness secured by this Instrument, nor shall Lender's ’s receipt of any awards, proceeds or damages, whether as proceeds of insurance or condemnation awards or otherwise, operate to cure or waive Borrower's ’s default in payment of sums secured by this Instrument.
Appears in 1 contract
Samples: Deed of Trust, Assignment of Rents and Security Agreement (Strategic Storage Trust VI, Inc.)
Forbearance by Lender Not a Waiver. Any forbearance by Lender 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, and no waiver by Lender of any particular default by Borrower 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 Lender of payment of any sum secured by this Instrument Mortgage after the due date of such payment thereof shall not be a waiver of Lender'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 Lender shall not be a waiver of Lender's ’s right to accelerate the maturity of the indebtedness secured by this InstrumentMortgage, nor shall Lender's ’s receipt of any awards, proceeds or damages, whether as proceeds of insurance or condemnation awards or otherwise, damages under paragraphs 2.3 and 2.8 hereof operate to cure or waive Borrower's ’s default in payment of sums secured by this InstrumentMortgage.
Appears in 1 contract
Samples: Mortgage, Assignment of Rents and Leases, and Security Agreement (GTJ REIT, Inc.)
Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunderhereunder or under the Instrument, or any of the other Loan Documents or Instrument, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right or remedyremedy available to Lender. The acceptance by Lender of payment of any sum secured by this the Instrument after the due date of such payment shall not be a waiver of Lender'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 Lender shall not be a waiver of Lender's ’s right to accelerate the maturity of the indebtedness secured by this Instrumentthe Instrument or by any of the other Instruments after notice of such breach and failure of Borrower to cure as hereinafter provided, nor shall Lender's ’s receipt of any awards, proceeds or damages, whether as proceeds of insurance or condemnation awards or otherwise, damages operate to cure or waive Borrower's a default in payment of sums secured by this Instrumentthe Instrument or by any of the other Instruments.
Appears in 1 contract
Samples: Construction Loan Agreement (CNL Income Properties Inc)
Forbearance by Lender Not a Waiver. Any forbearance by the Lender 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 the Lender of payment of any sum secured by this Instrument Agreement after the due date of such payment shall not be a waiver of the Lender'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 taxes, rents or other liens or charges by the Lender shall not be a waiver of the Lender's ’s right to accelerate the maturity of the indebtedness secured by this InstrumentAgreement, nor shall the Lender's ’s receipt of any awards, proceeds or damages, whether damages as proceeds of insurance or condemnation awards or otherwise, provided in this Agreement operate to cure or waive the Borrower's ’s default in payment of sums secured by this InstrumentAgreement.
Appears in 1 contract
Samples: Revolving Credit Agreement (Vistula Communications Services, Inc.)
Forbearance by Lender Not a Waiver. Any forbearance by Lender 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 Lender of payment of any sum secured by this Instrument after the due date of such payment shall not be a waiver of Lender'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 of other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Instrument, nor shall Lender's receipt of any awards, proceeds or damages, whether as proceeds of insurance or condemnation awards or otherwise, damages under paragraphs 5 and 11 hereof operate to cure or waive Borrower's default in payment of sums secured by this Instrument.
Appears in 1 contract
Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or of 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 Lender of payment of any sum secured by this Instrument after the due date of such payment shall not be a waiver of Lender'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 procureness of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Instrument, nor shall Lender's receipt of any awards, proceeds or damages, whether as proceeds of insurance or condemnation awards or otherwise, damages under paragraphs 5 and 11 hereof operate to cure or waive Borrower's default in payment of sums secured by this Instrument.. (4 of 8 pages)
Appears in 1 contract
Samples: Multifamily Mortgage, Assignment of Rents and Security Agreement (Maxus Realty Trust Inc)
Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunderhereunder or under the Instrument, or any of the other Loan Documents or Instruments, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right or remedyremedy available to Lender. The acceptance by Lender of payment of any sum secured by this the Instrument after the due date of such payment shall not not
be a waiver of Lender'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 Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Instrumentthe Instrument or by any of the other Instruments after notice of such breach and failure of Borrower to cure as hereinafter provided, nor shall Lender's receipt of any awards, proceeds or damages, whether as proceeds of insurance or condemnation awards or otherwise, damages under paragraphs 6 and 10 hereof operate to cure or waive Borrower's default in payment of sums secured by this Instrumentthe Instrument or by any of the other Instruments.
Appears in 1 contract
Samples: Loan Agreement (Ich Corp /De/)
Forbearance by Lender Not a Waiver. Any forbearance by the Lender 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 the Lender of payment of any sum secured by this Instrument Agreement after the due date of such payment shall not be a waiver of the Lender'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 taxes, rents or other liens or charges by the Lender shall not be a waiver of the Lender's right to accelerate the maturity of the indebtedness secured by this InstrumentAgreement, nor shall the Lender's receipt of any awards, proceeds or damages, whether damages as proceeds of insurance or condemnation awards or otherwise, provided in this Agreement operate to cure or waive the Borrower's or Guarantor's default in payment of sums secured by this InstrumentAgreement.
Appears in 1 contract
Forbearance by Lender Not a Waiver. Xxxxxxxx waives to the extent permitted by law, notice of election to mature or declare due the whole of the Secured Obligations. Any forbearance by Lender Xxxxxx 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 tight or remedy. The acceptance by Lender of payment of any sum secured by this Security Instrument after the due date of such payment shall not be a waiver of Lender's ’s right either to either require prompt payment when due of all other sums so secured or to declare a default an Event of Default for failure to make prompt payment. payment The procurement of insurance Insurance or the payment of taxes or of other liens or charges by Lender shall not be a waiver of Lender's ’s right to accelerate the maturity of the indebtedness secured by this Instrument, Secured Obligations nor shall Lender's receipt of any awards, proceeds or damages, whether as proceeds of insurance or condemnation awards or otherwise, damages under this Security Instrument operate to cure or waive Borrower's default in payment of sums secured by this Security Instrument.
Appears in 1 contract
Samples: Trust Agreement (Netreit, Inc.)
Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunderunder 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. The Lender's acceptance by Lender of payment of any sum secured by this Instrument any of the Loan Documents after the due date of such payment shall not be a waiver of Lender'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 Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this InstrumentIndebtedness, nor shall Lender's receipt of any awards, proceeds or damages, whether as proceeds of insurance or condemnation awards or otherwise, damages under Section 7.2 hereof operate to cure or waive Borrower's or the Principals' default in payment of sums secured by this Instrumentany of the Loan Documents. With respect to all Loan Documents, only waivers made in writing by Lender shall be effective against Lender.
Appears in 1 contract
Forbearance by Lender Not a Waiver. Any forbearance by Lender 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 by, Lender of payment of any sum secured by this Instrument after the due date of such payment shall not be a waiver of Lender'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 Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Instrument, nor shall . Lender's receipt of any awards, proceeds or damages, whether as proceeds of insurance or condemnation awards or otherwise, damages under paragraphs 5 and 12 hereof shall not operate to cure or waive Borrower's default in payment of sums secured by this Instrument.
Appears in 1 contract
Samples: Deed of Trust, Assignment of Rents and Security Agreement (Ca Short Co)
Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunderunder 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. The Lender's acceptance by Lender of payment of any sum secured by this Instrument any of the Loan Documents after the due date of such payment shall not be a waiver of Lender'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 Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this InstrumentLoan, nor shall Lender's receipt of any awards, proceeds proceeds, or damages, whether as proceeds damages under SECTION 4 of insurance or condemnation awards or otherwise, the Mortgage operate to cure or waive Borrower's or Obligors' default in payment of sums secured by this Instrumentany of the Loan Documents. With respect to all Loan Documents, only waivers made in writing by Lender shall be effective against Lender.
Appears in 1 contract
Forbearance by Lender Not a Waiver. Any forbearance by Lender 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 Lender of or payment of any sum secured by this Instrument after the due date of such payment shall not be a waiver of Lender'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 Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Instrument, nor shall Lender's receipt of any awards, proceeds or damages, whether as proceeds of insurance or condemnation awards or otherwise, damages under paragraphs 5 and 11 hereof operate to cure or waive Borrower's default in payment of sums secured by this Instrument.. *Reimbursement Agreement"), are incorporated herein by this reference as if fully set for the herein FORM 4010 (PAGE 4 OF 8 PAGES)
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Forbearance by Lender Not a Waiver. Any forbearance by Lender 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 other right or remedy. The acceptance by Lender of payment of any sum secured by this Instrument after the due date of such payment shall not be a waiver of Lender'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 Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness Indebtedness secured by this Instrument, nor shall Lender's receipt of any awards, proceeds or damages, whether as proceeds of insurance or condemnation awards or otherwise, damages under Sections 5 and 10 hereof operate to cure or waive Borrower's default in payment of sums secured by this Instrument.
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Samples: Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing (Westerbeke Corp)