Common use of Forbearance not a Waiver, Rights and Remedies Cumulative Clause in Contracts

Forbearance not a Waiver, Rights and Remedies Cumulative. No delay by Mortgagee in exercising any right or remedy provided herein or otherwise afforded by law or equity shall be deemed a waiver of or preclude the exercise of such right or remedy, and no waiver by Mortgagee of any particular provision of this Mortgage shall be deemed effective unless in writing signed by Mortgagee. All such rights and remedies provided for herein or which Mortgagee or the holder of any of the Indebtedness may have otherwise, at law or in equity, shall be distinct, separate and cumulative and may be exercised concurrently, independently or successively in any order whatsoever, and as often as the occasion therefor arises. Without limiting the foregoing, Mortgagee's taking action pursuant to paragraph 12 hereof or receiving proceeds, awards or damages pursuant to paragraphs 8 or 13 hereof shall not impair any right or remedy available to Mortgagee under paragraphs 14 and 17 hereof. Acceleration of maturity of the Indebtedness, once claimed hereunder by Mortgagee, may, at the option of Mortgagee, be rescinded by written acknowledgment to that effect by Mortgagee, but the tender and acceptance of partial payments alone shall not in any way affect or rescind such acceleration of maturity of the Indebtedness, unless otherwise provided by law.

Forbearance not a Waiver, Rights and Remedies Cumulative. No delay by the Mortgagee in exercising any right or remedy provided herein or otherwise afforded by law or equity shall be deemed a waiver of or preclude the exercise of such right or remedy, and no waiver by the Mortgagee of any particular provision of this Mortgage Mortgagee shall be deemed effective unless in writing signed by the Mortgagee. All such rights and remedies provided for herein or which the Mortgagee or the holder of any of the Indebtedness may have otherwise, at law or in equity, shall be distinct, separate and cumulative and may be exercised concurrently, independently or successively in any order whatsoever, and as often as the occasion therefor arises. Without limiting the foregoing, The Mortgagee's taking action pursuant to paragraph 12 hereof 11 or receiving proceeds, awards or damages damage pursuant to paragraphs 8 or 13 hereof 12 shall not impair any right or remedy available to the Mortgagee under paragraphs 14 and paragraph 17 hereof. Acceleration of maturity of the Indebtedness, once claimed hereunder by the Mortgagee, may, at the option of Mortgagee, be rescinded by written acknowledgment acknowledgement to that effect by Mortgagee, but the tender and acceptance of partial payments alone shall not in any way affect or rescind such acceleration of maturity of the Indebtedness, unless otherwise provided by lawIndebtedness or constitute a waiver of any proceedings commenced to foreclose this Mortgage.

Forbearance not a Waiver, Rights and Remedies Cumulative. No delay by the Mortgagee in exercising any right or remedy provided herein or otherwise afforded by law or equity shall be deemed a waiver of or preclude the exercise of such right or remedy, and no waiver by the Mortgagee of any particular provision of this Mortgage shall be deemed effective unless in writing signed by the Mortgagee. Any failure by Mortgagee to insist, or any election by the Mortgagee not to insist, upon the Mortgagor’s strict performance of any of the terms, provisions, or conditions of this Mortgage shall not be deemed to be a waiver of same or of any other term, provision, or condition hereof and Mortgagee shall have the right at any time thereafter to insist upon strict performance by the Mortgagor of any and all of same. All such rights and remedies provided for herein or which the Mortgagee or the holder of any of the Indebtedness may have otherwise, at law or in equity, shall be distinct, separate separate, and cumulative and may be exercised concurrently, independently independently, or successively in any order whatsoever, and as often as the occasion therefor therefore arises. Without limiting the foregoing, The Mortgagee's ’s taking action pursuant to paragraph 12 hereof Section 3.03 or receiving proceeds, awards awards, or damages pursuant to paragraphs 8 Sections 2.01 to 2.07 or 13 hereof 3.04 shall not impair any right or remedy available to the Mortgagee under paragraphs 14 and 17 Section 4.02 hereof. Acceleration of maturity of the Indebtedness, once claimed hereunder by Mortgagee, may, at the option of Mortgagee, be rescinded by written acknowledgment to that effect by Mortgagee, but the tender and acceptance of partial payments alone shall not in any way affect or rescind such acceleration of maturity of the Indebtedness, unless otherwise provided by law.

Forbearance not a Waiver, Rights and Remedies Cumulative. No delay by the Mortgagee in exercising any right or remedy provided herein or otherwise afforded by law or equity shall be deemed a waiver of or preclude the exercise of such right or remedy, and no waiver by the Mortgagee of any particular provision of this Mortgage shall be deemed effective unless in writing signed by the Mortgagee. All such rights and remedies provided for herein or which the Mortgagee or the holder of any of the Indebtedness Note may have otherwise, at law or in equity, shall be distinct, separate and cumulative and may be exercised concurrently, independently or successively in any order whatsoever, and as often as the occasion therefor arises. Without limiting the foregoing, The Mortgagee's taking action pursuant to paragraph 12 hereof 11 or receiving proceeds, awards or damages pursuant to paragraphs 8 or 13 hereof 12 shall not impair any right or remedy available to the Mortgagee under paragraphs 14 and 17 paragraph 16 hereof. Acceleration of maturity of the Indebtedness, once claimed hereunder by Mortgagee, Note may, at the option of Mortgagee, be rescinded by written acknowledgment to that effect by Mortgagee, but the tender and acceptance of partial payments alone shall not in any way affect effect or rescind such acceleration of maturity of the IndebtednessNote, unless otherwise provided by lawthat any such acceleration shall be subject to Mortgagor's right of reinstatement as provided in Section 580.30, Minnesota Statutes.

Forbearance not a Waiver, Rights and Remedies Cumulative. No delay by the Mortgagee in exercising any right or remedy provided herein or otherwise afforded by law or equity shall be deemed a waiver of or preclude the exercise of such right or remedy, and no waiver by the Mortgagee of any particular provision of this Mortgage shall be deemed effective unless in writing signed by the Mortgagee. All such rights and remedies provided for herein or which the Mortgagee or the holder of any of the Indebtedness Note may have otherwise, at law or in equity, shall be distinct, separate and cumulative and may be exercised concurrently, independently or successively in any order whatsoever, and as often as the occasion therefor arises. Without limiting the foregoing, The Mortgagee's taking action pursuant to paragraph 12 hereof 14 or receiving proceeds, awards or damages pursuant to paragraphs 8 11 or 13 hereof 15 shall not impair any right or remedy available to the Mortgagee under paragraphs 14 and 17 paragraph 20 hereof. Acceleration of maturity of the IndebtednessNote, once claimed hereunder by the Mortgagee, may, at the option of the Mortgagee, be rescinded by written acknowledgment to that effect by the Mortgagee, but the tender and acceptance of partial payments alone shall not in any way affect or rescind such acceleration of maturity of the IndebtednessNote, unless otherwise provided by lawthat any such acceleration shall be subject to the Mortgagor's right of reinstatement as provided in Minnesota Statutes Section 580.30.

Forbearance not a Waiver, Rights and Remedies Cumulative. No delay by Mortgagee Trustee or Beneficiary in exercising any right or remedy provided herein or otherwise afforded by law or equity shall be deemed a waiver of or preclude the exercise of such right or remedy, and no waiver by Mortgagee Trustee or Beneficiary of any particular provision of this Mortgage Deed of Trust shall be deemed effective unless in writing signed by Mortgageethe party making such waiver. All such rights and remedies provided for herein or which Mortgagee Trustee or the holder of any of the Indebtedness Beneficiary may have otherwise, at law or in equity, shall be distinct, separate and cumulative and may be exercised concurrently, independently or successively in any order whatsoever, and as often as the occasion therefor arises. Without limiting the foregoing, Mortgagee's Beneficiary’s taking action pursuant to paragraph 12 hereof or 18, receiving proceeds, awards or damages pursuant to paragraphs 8 paragraph 19, or 13 hereof collecting rents directly or receiving payments through a receiver, shall not impair any right or remedy available to Mortgagee Trustee or Beneficiary under paragraphs 14 and 17 paragraph 21 hereof. Acceleration of maturity of any payment due as permitted under the IndebtednessAsset Purchase Agreement, once claimed hereunder by MortgageeBeneficiary, may, at the option of MortgageeBeneficiary, be rescinded to the extent contemplated by the Asset Purchase Agreement by written acknowledgment to that effect by MortgageeBeneficiary, but the tender and acceptance of partial payments alone shall not in any way affect or rescind such acceleration of the maturity of the IndebtednessObligations, unless except as otherwise provided by law.